20150041 Ver 1_Approval Letter_20150731

A F.KWA
46;A
NCDENR
North Carohna Departrnent of Environrnent and Natural ResWrces
Pat McCrory
Goverltior
MR1911M
Green Meadows, LLC
Attn: Mr. Charles Price
12601 Plantside Drive
Louisville, KY 40299
Dor4d R vari de art
S I
ecretary
P.M.N. • maw
Subject: Approval • Individual 401 Water Quality Certification and Isolated and Other Non-
404 Jurisdictional Wetlands and Waters General Permit with Additional Conditions
Brickhaven and Sanford Mines
USACE Action ID. No. SAW-2014-02254
Attached hereto is a copy of Certification No. 4026 issued to Mr. Charles Price and Green
Meadows, LLC, dated July 31, 2015 and the Isolated and Other Norl Jurisdictional Wetlands
and Waters General Permit (IWGP100000). Please note that you should get any other federal,
state or local permits before proceeding with the subject project, including those required by
(but not limited to) Sediment and Erosion Control, Non-Discharge, and Water Supply
Watershed regulations.
This approval and its conditions are final and binding unless contested. This Certification can be
contested as provided in Articles 3 and 4 of General Statute 1500 by filing a written petition for
an administrative hearing to the Office of Administrative Hearings (hereby known as OAH)
within sixty (60) calendar days.
A petition form may be obtained from the OAH at �ittp://www.ricoah.c�o.niiz or by calling the
OAH Clerk's Office at [phone] for information. A petition is considered filed when the
*riginal and one (1) copy along with any applicable OAH filing fee is received in the OAH during
normal office hours (Monday through Friday between 8:00arn and 5:00pm, excluding official
ctate holidays).
The petition may be faxed to the •AH at [phone], provided the original and one copy •
the petition along with any applicable OAH filing fee is received by the OAH within five (5)
business days following the faxed transmission.
Dlvlslon of Wale Resources
1617 Mail Savice (',ente Ral6gh, NcAlh Cardlna 27699-1617
Lr()(,afl()Irj 512 N Salisbwy St, Ralelgh North, Cardina 27604
Phone: [phone] FAX 919­807 6492
lntemet: wow w nwalerquallty org
M""de In pafi key le"qded pap("�

Green Meadows, LLC
DWR# 15-0041-42
Page 2 of 9
-a
If sending via US Postal Service: if sending via delivery service (UPS, Fed Ex, etc):
Office of Administrative Hearings Office of Administrative Hearings
6714 Mail Service Center 1711 New Hope Church Road
Raleigh, NC 27699-6714 Raleigh, NC 27609-6285
Off mv.
Sam M. Hayes, General Counsel
Department • Environment and Natural Resources
1601 Mail Service Center
Unless such a petition is filed, this Certification shall be final and binding.
- I --
I W� Ltfl Ll I ILdLIOn COrnIfleleS PIT I I ision u nuer s n70ean llaTer
Act, 15A NCAC 02H .0500 and 15A NCAC 02H .1300. Please contact Jennifer Burdette at 919-
807-6364 or ig
_[jj Lifg
_L, -807-6360 or
_11L�Pncdenr.gov or me at 919
kare�i,�ii,p,,g�[e-mail] if you have any questions or concerns.
Sincerely,
S. J zi erman, P.G.
Director, Division of Water Resources
cc: Clement Riddle, ClearWater Environmental Consultants, Inc., 224 South Grove
Street, Ste F, Hendersonville, NC 28792
USAGE Raleigh Regulatory Field Office
Todd Bowers, EPA, Sam Nunn Federal Center, 61 Forsyth Street SW, Atlanta,
GA 30303
Janet Boyer, DEMR State Mining Specialist
Ed Mussler, PE, DWM Permitting Supervisor
DWR RRO 401 file
DWR 41 1 & Buffer Permitting Unit file

Green Meadows, LLC
DWR# 15-0041-42
Individual Certification #4026
Page 3 of 9
1500"Mm
CERTIFICATION #4026 is issued in conformity with the requirements of Section 401, Public Laws
92-500 and 95-217 of the United States and subject to North Carolina's Regulations in 15 NCAC
02H .0500 and 15A NCAC 02H .1300, to Mr. Charles Price and Green Meadows, LLC, who have
authorization for the impacts listed below, as described within your application received by the
N.C. Division of Water Resources (Division) on February 18, 2015 and subsequent information on
June 5, 2015, June 26, 2015, July 13, 2015 and July 29, 2015, by Public Notice issued by the U. S.
Army Corps of Engineers and received by the Division on March 5, 2015 and by Public Hearings
conducted by the Division, N.C. Division of Solid Waste and Division of Energy, Minerals and Land
Resources on April 13 and 16, 2015.
The State of North Carolina certifies that this activity will not violate the applicable portions of
Sections 301, 302, 303, 306, 307 of the Public Laws 92-500 and PL 95-217 if conducted in
accordance with the application, the supporting documentation, and conditions hereinafter set
forth.
This approval requires you to follow the conditions listed in the certification below.
Conditions of Certification:
1 Impacts Approved
The following impacts are hereby approved provided that all of the other conditions of th
Certification and the Isolated and Other Non-404 Jurisdictional Wetlands and Waters
General Permit (IWP) are met. No other impacts are approved, including incidental
impacts. [15A NCAC 02H.0506(b) ► (c) and 15A NCAC 02H .1305(d)] I
ME=
Stream
Impact 1-- SEC Structure
Impact 3 — Stockpile/SEC
Structure
Impact 4 — Stockpile/SEC
Structure
Impact 5 — SEC Structure
Impact 12 —Arch culvert'
Brickhaven Stream Subtotal
404 Wetlands
Impact 2 — SEC Structure
Amount Approved
Amount Approved (units) (units)
Permanent Temporary
Brickhaven Mine Site
320 (linear feet)
906 (linear feet)
913 (linear feet)
. ..........
311 (linear feet)
.
90 (linear feet)
2,540 (linear feet)
0 (linear feet)
0 (linear feet)
0 (linear feet)
0 (linear feet)
0 (linear feet)
0 (linear feet)
0.04 (acre) 0 (acre)

Green Meadows, LLC
DWR# 15-0041-42
Individual Certification #4026
Page 4 of 9
Amount Approved
Amount Approved (units)
(units)
Type of Impact
Permanent
Temporary
Impact 10 — SEC Structure
0.01 (acre)
0 (acre)
Impact 13 - Railroad
0.002 (acre)
0 (acre)
Brickhaven 404 Wetlands
Subtotal
0.05 (acre)
0 (acre)
Isolated Wetlands
Impact 6 — Fill Cell
0.08 (acre)
0 (acre)
Impact 7 — Fill Cell
0.01 (acre)
0 (acre)
Impact 8 — Fill Cell
0.29 (acre)
0 (acre)
Impact 9 — Fill Cell
0.10 (acre)
0 (acre)
Impact 11— SEC Structure
0.02 (acre)
0 (acre)
Brickhaven Isolated Wetlands
Subtotal
0.50 (acre)
0 (acre)
Sanford
(Colon) Mine Site
Stream
Impact 3 — Fill Cell/SEC Structure
405 (linear feet)
0 (linear feet)
Impact 6 — Fill Cell/SEC Structure
201 (linear feet)
0 (linear feet)
Impact 10 — Fill Cell/SEC Structure
660 (linear feet)
0 (linear feet)
Impact 11- Fill Cell/SEC Structure
.... . . .. ......
217 (linear feet)
0 (linear feet)
Impact 13 — Fill Cell
96 (linear feet)
0 (linear feet)
Impact 15 — Fill Cell
23 (linear feet)
0 (linear feet)
Impact 21— Road Crossing
2 (linear feet)
0 (linear feet)
Impact 22 - Railroad
100 (linear feet)
0 (linear feet)
Impact 23 — Road Crossing
2 (linear feet)
0 (linear feet)
Impact 24 — Road Crossing
10 (linear feet)
0 (linear feet)
Sanford Stream Subtotal
1,716 (linear feet)
0 (linear feet)
404 Wetlands
Impact 1-- SEC Structure Wµ
0.005 (acre)
0 (acre)
Impact 2 — SEC Structure
0.11 (acre)
0 (acre)
Impact 4 — Fill Cell
0.03 (acre)
0 (acre)
Impact 5 — Fill Cell
0.14 (acre)
0 (acre)
Impact 7 — SEC Structure
0.19 (acre)
0 (acre)
Impact 8 — SEC Structure
0.09 (acre)
0 (acre)
Impact 9 — SEC Structure
0.07 (acre)
0 (acre)
Impact 12 — Fill Cell
0.02 (acre)
0 (acre)
Impact 14 — Fill Cell
0.04 (acre)
0 (acre)
Impact 16 — Fill Cell
0.10 (acre)
0 (acre)
impact 17 — Railroad
0.24 (acre)
0 (acre)
Impact 18 — Railroad
0.03 (acre)
0 (acre)
Impact 19 — Railroad
0.02 (acre)
0 (acre)

Type of Impact
Impact 20 — Railroad
Impact 25 —Arch Culvert'
Sanford 404 Wetland Subtotal
I Mitigation not required
Amount Approved (units)
Permanent
0.004 (acre)
0.02 (acre)
1.11 (acre)
Green Meadows, LLC
DWR# 15-0041-42
Individual Certificatlon #4026
Page 5 of 9
Amount Approved
(units)
Temporary
0 (acre)
0 (acre)
0 (acre)
2. Compensatory Mitigation
Mitigation must be provided for the proposed impacts as specified in the table below. The
Division has received an acceptance letter from the NC Division Mitigation Services (DMS) to
meet this mitigation requirement. Until the DIVIS receives and clears your payment, and
proof of payment has been provided to this Office, no impacts specified in this
Authorization Certificate shall occur. For accounting purposes, this Authorization Certificate
authorizes payment to the DIVIS to meet the following compensatory mitigation
requirement [15A NCAC 02H .0506 (b)(6) & (c)(6); 15A NCAC 02H 1305(d)(6)]:
Compensatory
Mitigation Required River & Sub-basin Number
Cape Fear
Stream 1,716 (feet) 03030004
2,450 (feet) 03030002
Cape Fear
Wetlands 1.64 (acres) 03030004
3. Visual Monitoring
Streams downstream of Impact Areas #21 and #25 as labeled on the Sanford Site Plan and
Impact Map and the wetland south of the laydown yard as labeled on the Brickhaven Site
Plan and Impact Map both received by the Division on June 26, 2015 shall be visually
monitored by the Permittee for potential loss of hydrologic function/flow and to determine
if the streams and wetlands continue to provide aquatic life propagation, hydrologic
functions and biological integrity equal to pre-impact conditions for each location. Visual
monitoring every six months for each feature shall begin at the time upstream impacts/fill
occurs and shall continue until hydrologic function and stability is determined by the
Division. At least one monitoring event shall be between June and September annually.
Annual reports of visual monitoring and photographic documentation that has occurred in
the previous twelve months shall be submitted to the 401 & Buffer Permitting Unit, 1617
Mail Service Center, Raleigh, NC 27699-1617 on June 1't of each year. [15A NCAC 02B
.0211(1) and .0231(2)]

Green Meadows, LLC
DWR# 15-0041-42
'ndividual Certification #4026
Page • of 9
4 Structural Fill Permits
Full compliance with Structural Fill Permits 191r 15 and 5306-STRUCT-2015,
issued by the Division of Waste Management (DWM), is required. The Division shall be
copied on any request for modification to the Structural Fill Permit(s). [15A NCAC 02H
.0506(b)(2) & (c)(2) and 15A NCAC 02H .1305(d)(2)]
5. Mining Permits
Full compliance with Mining Permits 53-05 and 19-25, issued by the Division of Energy,
Mineral and Land Resources (DEMLR), is required. The Division shall be copied on any
request for modification to the Mining Permit(s). [15A NCAC 02H .0506(b)(2) & (c)(2) and
15A N CAC 02H .1305(d)(2)]
6. NPDES Stormwater Permits
Full compliance with NPDES Stormwater Permits NCG020354 and NCG020854, issued by
DEMLR, is required. The Division shall be copied • any request for modification to the
Stormwater Permits. [15A NCAC 02H 0506(b)(5) & (c)(5) and 15A NCAC 0 05(cl)(5)]
7. Construction Stormwater Permit NCGO10000
An NPDES Construction Stormwater Permit is required for construction projects that disturb
one (1) or more acres of land, which allows stormwater to be discharged during land
disturbing construction activities as stipulated in the conditions • the permit. If your
project is covered by this permit, full compliance with permit conditions including the
erosion & sedimentation control plan, inspections and maintenance, self-monitoring, record
keeping and reporting requirements is required. A it of the general permit
(NCGOIOOOO), inspection log sheets, and other information may be found at�:
L111p.J jortaLncden ,o .J _b , g ib- . (15ANCACO2H.0506(b)(5)&
(c)(5)]
8. The Division shall be copied on any request for modification to the DWM approved water
quality monitoring plans. (15A NCAC 02B.0506(b)(3) & (c)(3) and 15A NCAC 02H
.1305(d)(3)]
9. No waste, spoil, solids, or fill • any kind shall occur in wetlands, waters, or riparian area'
beyond the footprint of the impacts depicted in the application for this project. All
construction activities, including the design, installation, operation, and maintenance •
sediment and erosion control Best Management Practices shall be performed so that n
violations of state water quality standards, statutes, or rules occur. [15A NCAC 02H 05
and.0502] I

Green Meadows, LLC
DWR# 15-0041-42
Individual Certification #4026
Page 7 of 9
10. Sediment and Erosion Control
Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices, If applicable, the project must comply with the specific conditions
and requirements of the NPDES Construction Stormwater Permit issued to the site and the
following requirements [15A NCAC 02H .0506(b)(3) and (c)(3)]:
a. Design, installation, operation, and maintenance of the sediment and erosion
control measures must be such that they equal or exceed the requirements specified
in the most recent version of the North Carolina Sediment and Erosion Control
Manual. The devices shall be maintained on all construction sites, borrow sites, and
waste pile (spoil) projects, including contractor-owned or leased borrow pits
associated with the project.
b. For borrow pit sites, the erosion and sediment control measures must be designed,
installed, operated, and maintained in accordance with the most recent version of
the North Carolina Surface Mining Manual,
c. Reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act and
the Mining Act of 1971.
d. Sufficient materials required for stabilization and/or repair of erosion control
measures and stormwater routing and treatment shall be on site at all times.
11. Sediment and erosion control measures shall not be placed in wetlands or waters unless
otherwise approved in this Certification. Exceptions to this condition require application
submittal to and written approval by the Division. If placement of sediment and erosion
control devices in wetlands and waters is unavoidable, then design and placement of
temporary erosion control measures shall not be conducted in a manner that may result in
dis-equilibrium of wetlands, stream beds, or banks, adjacent to or upstream and
downstream of the above structures. All sediment and erosion control devices shall be
removed and the natural grade restored within two (2) months of the date that DEMLR or
the locally delegated program has released the specific area within the project. [15A NCAC
02H .0501 and .0502]
12. All work in or adjacent to stream waters shall be conducted so that the flowing stream does
not come in contact with the disturbed area. Approved best management practices from the
most current version of the NC Sediment and Erosion Control Manual, or the NC DOT
Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams,
and other diversion structures shall be used to minimize excavation in flowing water, [15A
NCAC 02H .0506(b)(3) and (c)(3)]
11 If concrete is used during the construction, then all necessary measures shall be taken to
prevent direct contact between uncured or curing concrete and waters of the state. Water
that inadvertently contacts uncured concrete shall not be discharged to waters of the state
due to the potential for elevated pH and possible aquatic life/fish kills, [15A NCAC 02 B .0200]

Green Meadows, LLC
DWR# 15-0041-42
Page 8 of 9
14. Placement of Culverts and Other Structures in Waters and Wetlands [15A NCAC 02H
,0506(bIL2) and (OM
Culverts required for this project shall be installed in such a manner that the original stream
profiles are not altered and to allow for aquatic life movement during low flows. Existing
stream dimensions (including the cross section dimensions, pattern and longitudinal profile)
must be maintained above and below locations of each culvert.
Placement of culverts and other structures in waters, streams must be below the elevation of
the streambed by one (1) foot for all culverts with a diameter greater than 48 inches, and 20
percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow
low flow passage of water and aquatic life,
Installation of culverts in wetlands must ensure continuity of water movement and be
designed to adequately accommodate high water or flood conditions. Additionally, when
roadways, causeways, or other fill projects are constructed across FEMA-designated
floodways or wetlands, openings such as culverts or bridges must be provided to maintain the
natural hydrology of the system as well as prevent constriction of the floodway that may
result in destabilization of streams or wetlands.
The establishment of native, woody vegetation and other soft stream bank stabilization
techniques must be used where practicable instead of rip rap or other bank hardening
methods.
15. Any riprap used for stream stabilization shall be of a size and density to prevent movement by
wave action, current action, or stream flows and consist of clean rock or masonry material
free of debris or toxic pollutants. Riprap shall not be installed in the streambed except in
specific areas required for velocity control and to ensure integrity of bank stabilization
measures. [15A NCAC 02H .0506(b)(2)]
16. A one-time application of fertilizer to re-establish vegetation is allowed in disturbed areas,
but is restricted to no closer than 10 feet from waters. Any fertilizer application must comply
with all other Federal, State and Local regulations, [15A NCAC 02B .0200]
17. This Certification does not relieve the applicant • the responsibility to obtain all •th
required Federal, State, • Local approvals. I
Mr. Charles Price and Green Meadows, LLC shall conduct construction activities in a manner
consistent with State water quality standards (including any requirements resulting from
compliance with section 303(d) of the Clean Water Act) and any other appropriate
requirements of State and Federal law. [15A NCAC 02B 0200] If the Division determines that
such standards or laws are not being met (including the failure to sustain a designated or
achieved use) or that State or federal law is being violated, or that further conditions are
necessary to assure compliance, the Division may reevaluate and modify this Certification.

Green Meadows, LLC
DWR# 15-0041-42
Before modifying the Certification, the Division shall notify Mr. Charles Price and Green
Me 2 d
15A NCAC 02H .0503 and .1303 and provide opportunity for public hearing in accordance with
15A NCAC 02H .0504 and .1303, Any new • revised conditions shall be provided to Mr.
Charles Price and Green Meadows, LLC in writing, shall be provided to the U.S. Army Corps •
Engineers for reference in any Permit issued pursuant to Section 404 of the Clean Water Act,
and shall also become conditions of the 404 Permit for the project. [15A NCAC 02H
.0507(d)(2) and 15A NCAC 02H .1304(c)(2)]
19. This approval is for the purpose and design described in your application and as described in
the Public Notice. The plans and specifications for this project are incorporated by reference
and are an enforceable part of the Certification. If you change your project, you must notify
the Division and you may be required to submit a new application package with the
appropriate fee. If the property is sold, the new owner must be given a copy of this
Certification and is responsible for complying with all conditions. Any new owner must notify
the Division and request the Certification be issued in their name, [15A NCAC 02H .0501 &
.0502 and 15A NCAC 02H .1301 & 1302]
20. The applicant and/or authorized agent shall provide a completed Certificate • Completion
Form to the DWR 401 & Buffer Permitting Unit within ten days of project completion
(available at: tttj2J'Zr)ortaLncdenr,o�p
�.,ertsand per rr0tsZ1pp
[15A NCAC 02H.0502(f)]
21. This certification grants permission to the director, an authorized representative of the
Director, or DENR staff, upon the presentation of proper credentials, to enter the property
during normal business hours. [15A NCAC 02H .0502(e)]
This approval to proceed with your proposed impacts • to conduct impacts to waters as
depicted in your application shall expire upon expiration of the 404 Permit, The conditions in
effect on the date of issuance shall remain in effect for the life of the project, regardless of the
expiration date of this Certification. [15A NCAC 02H .0507(d)(2) and 15A NCAC 02H .05061
- f7LJ#'-ftF,#-7,fl-Cdr-(TCC TT • TiViati7n o ne conill ions "FrFin seZ-f==r lay res-wt in revocation
this Certification and may also result in criminal and/or civil penalties. I
This the 31st day of July 2015
S. y
J Zi"rnmerman, P.G.
�
Director, Division of Water Resources
•

jueu anu utner MITT#] sianoaras ana regitIaLlOnS,
NCAC 0213,0200, promulgated and adopted by the North Carolina Environmental Management
,.omrnission,
Permission is hereby granted to all owners or operators of activities which impact isolated and
#,ther non-404 wetlands, isolated streams or other isolated waters in accordance with the
conditions set forth in this Geteral Permit.
This General Permit shall become effective on March 19, 2012.
Charles Wakild, P.E., Director
Division of Water Quality
By the Authority of the
NC Environmental Management Commission

public notice,
ow
The State of North Carolina certifies that the specified category of activity will not violate
applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217
if conducted in accordance with the conditions hereinafter set forth.
Activities meeting anyone circumstances require written
approval from the Division of Water Quality (the "Division"):
a) Any impacts toisolated streams involving excavation or dredging; nr
b) Any stream relocation; or
c> Any impacts to isolated streams and/or buffers in the Neuse.Tar-PamWcn.orCatawba
River Basins mrinthe Randleman, Jordan pr Goose Creek Watersheds (or any other
basin or watershed with Riparian Area Protection Rules [Buffer Rules] in effect at the
time uf application) unless the activities are listed ms''EXEW1PT^ from these rules ora
Buffer Authorization Certificate is issued through N,C. Division of Coastal Management
(OCK4) delegation for ^ALLOWABLE"aotiwitkas',Vr
d} Total isolated stream impacts within the project boundaries equal to or greater than 150
linear feet of intermittent and/or perennial stream, including temporary and/or
permanent impecte�or
e) Temporary or permanent impacts equal (oor greater than one-tenth (1/fO) acre mf
isolated and other mon-4O4 wetlands or isolated lakes and pomds�nr
�
Any impacts to isolated and other non-404 wetlands adjacent to waters designated as:
ORW, SA, WS-1, WS-11, or Trout, or isolated and other non-404 wetlands contiguous to
waters designated as a North Carolina mr National Wild and Scenic River; or,
g) Any impacts &o isolated and other non-4O4 wetlands classified in accordance with 15A
NCACQ2B.O1O1(e)(7)as Unique Wetlands (UVVL);or
Any impact associated with a high density project (as defined |n Item (A)(iv) of the 4VY
Sbmmmvmater Requirements) that is not subject to either a state mtormwate,program
(such as, but not limited to, Coastal Counties, HOW, ORW or state-implemented Phase
|l NPDES)mra certified community's stonnwabar program; or
h) Any impact associated with a Notice of Violation or an enforcement action for
violaUon(a)ofDVV(] Wetland Rules (1GANCACO2H 0500). Isolated VVedandRules
(16ANCAC82H�13DD).DVVQ Surface Water nr Welland Standards, or Riparian Buffer
Rules (I5ANCACQ2B�O2OQ)
{n accordance with North Carolina General Statute 143-215,3O(a). any application for anIsolated
Wetland General or Individual Permit must include the appropriate fee. If a project also requires a
CAMA Permit, one payment to both agencies shall be submitted, This payment shall be the
higherof the two fees.
Activities included in this General Permit that do not meet one mf the thresholds listed
above donot require written approval fr»mthe Division of Water Quality aslong as they
comply with the Conditions mf Permit listed below. |f any mf these Conditions cannot be
met, then written approval from the Division is required.
Isolated Wetlands General Permit (IWGP 100000) 2

isolated Streams - !mpacts to isolated streams as determined by the Division of Water
Quality shall be measured as the length of the centerline of the normal flow channel,
P.ctivity that results in a loss of use of stream functions including but not limited to filling,
relocating, flooding, excavation, dredging and complete shading shall be considered stream
mpacts
Impacts to streams shall include streams enclosed by bottomless culverts, bottomless arches
or other spanning structures unless the entire structure (including construction impacts)
spans the entire bed and both banks of the stream, is only used for a road, driveway or path
crossing, and is not mitered to follow the stream pattern. Impacts for dam footprints and
flooding will count toward the threshold for stream impacts, but flooding upstream of the dam
will not count towards mitigation requirements as long as no filling, excavation, relocation or
other modification of the existing stream dimension, pattern or profile occurs. Any filling,
excavation, relocation or other modification of the existing stream (other than flooding) must
re-establish the same dimensions, patterns and profi|esof the existing channel (or those ofa
stable reference reach if the existing channel imunstable)
Isolated LakesandPonds — |mpacts to isolated waters other than streams and wetlands as
determined by the Division of Water Quality shall bemeasured as area. Permanent and/or
temporary water impacts shall be enumerated on the entire project for all impacts proposed
regardless of which 4O4 Nationwide Permits are used (if any), Any activity that results ina
loss of use of aquatic functions including but not limited to filling, draining, and dredging shall
be considered waters impacts.
2. No Impacts Beyond those Authorized in the Written Approval or Beyond the Threshold of fse
of this Permit
I'Mam RUN
Pre-Construction Notification, as authorized in the written approval from the Division, or
beyond the thresholds established for use of this Permit without written authorization,
including incidental impacts. All constrUCtion activities, including the des�gn, installation,
#peration, and maintenance of sediment and erosion control Best Management Practices,
shall be performed so that no violations of state water quality standards, statute$, or rules
occur. Approved plans and specifications for this project are incorporated by reference and
?,re enforceable parts of this permit.
Isolated Wetlands General PermU(K0GP1080OO) 3

Erosion and sediment control practices must bein full compliance with all specifications
governing the proper design, installation and operation and maintenance mfsuch Best
Management Practices and if applicable, comply with the specific conditions and
requirements of the NPDES Construction SLurmwaberPermit issued io the site�
u. Design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal or exceed the requirements specified in the most
recent version mf the North Carolina Sediment and Erosion Control Manual, The devices
shall be maintained on all construction oites, borrow sites, and v*amhe pile (spoil) pnojecte,
including contractor-owned or leased borrow pits associated with the project,
b For borrow pit sites, the erosion and sediment control measures must be designed,
installed, operated, and maintained in accordance with the most recent version of the
North Carolina Surface Mining Manual.
c Reclamation measures and implementation must comply with the reclamation in
accordance with the requirements ofthe Sedimentation Pollution Control Act and the
Mining Act of1971
d Sufficient materials required for stabilization and/or repair of erosion control measures
andsturmwmterroutinQondtnaatmemtshal/be on site at all times.
e. |f the project oocmrsinwvatersorwetersheds classified as Primary Nursery Areas (PNAm).
S4. VVB-|. uVS-||. H/0M C)ua|ity(HQvV) or Outstanding Resource ({}RVV)waters, then the
sedimentation and erosion control designs must comply with the requirements set forth
in 15A NCAC 048 .0124. Design Standards in Sensitive Watersheds,
Sediment and erosion control measures shall not be placed in wetlands or waters.
Exceptions ho this condition require application submittal to and written approval by the
Oi*/s|nn If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, then design and placement of temporary erosion control measures shall not be
conducted in a manner that may result in dis-equilibrium of wetlands, stream beds, or banks,
adjacent boor upstream and downstream ofthe above structures, All sediment and erosion
control devices shall be removed and the natural grade restored within two (2) months of the
date that the Division of Land Resources (DLR) or locally delegated program has released
the specific area within the project.
An NPDES Construction Stormwater Permit is required for construction projects that distu
one (1) or more acres of land. This Permit allows stormwater to be discharged during lan
disturbing construction activities as stipulated in the conditions of the permit, If your proj
is covered by this permit, full compliance with permit conditions including the erosion &
sedimentation control plan, inspections and maintenance, self-monitoring, record keeping
and reporting requirements is required A copy of the general permit (NCG010000),
inspection log sheets, and other information may be found at
MINING&-, WIN "11"I'M =1011161=1011111I

MMI OR no
state cr federal agencies and coordinated with these activities.
All moratoriums mn construction activities established by the NCWildlife Resources
Commission (WRC), US Fish and Wildlife Service (USFVVS), NC Division of Marine Fisheries
(DMF), or National Marine Fisheries Service (NMFS) to lessen impacts on trout, anadromous
fish.|awo|¢mat-|enua|fishesendoruohaoeanm.orothermquo(k:speciesofconcermshoHbe
implemented. Exceptions to this condition require written approval by the resource agency
responsible for the given moratorium.
Work within the twenty-five (25) designated trout counties or identified state cxfederal
endangered mr threatened species habitat shall be coordinated with the appropriate VVRC,
UGFVVS. NKnFS, and/or0K8F personnel.
7. Work in the Dry
All work inmadjacent to stream waters shall be conducted so that the flowing stream does
not come in contact with the disturbed area. Approved best management practices from the
most current version of the NC Sediment and Erosion Control Manual, or the NC DOT
Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams,
and other diversion structures shall be used to minimize excavation in flowing water,
Exceptions to this condition require application submittal br and written approval bythe
8. Riparian Area Protection (Buffer)Rules
Activities located in the protected riparian areas (whether jurisdictional wetlands or not),
within the Neuse, Tar-Pamfico, or Catawba River Basins or in the Randleman, Jordan, or
to "uses" identified within and constructed in accordance with 15A NCAC 02B .0233, .0259,
.0243, 0250, .0267 and 0605, and shall be located, designed, constructed, and maintaine
to have minimal disturbance to protect water quality to the maximum extent practicable 11
through the use of best management practices. All buffer rule requirements, including diffu
flow requirements, must be met,
g. If concrete is used during the construction, then all necessary measures shall be taken bo
prevent direct contact between uncured or curing concrete and waters mf the state, VVotem
that inadvertently contacts uncured concrete shall not be discharged to waters of the state
due to the potential for elevated pH and possible aquatic life/ fish kills,
is otherwise below the written approval thresholds described above, the applicant may
provide a courtesy copy of the Pre-Construction Notification along with a copy of the
mitigation plan, For linear, public transportation projects, impacts equal to or exceeding 15
linear feet per stream shall require mitigation
MEMIGERamm

I-IFFMOTTIM2 R. ROME
Buffer mitigation may be required for any project with Buffer Rules in effect at the time of
within the "Table of Uses" section of the Buffer Rules or require a variance under the Buffer
11� Relocated stream designs should include the same dimensions, patterns, and profiles esthe
existing channel (or a stable reference reach if the existing channel isunstable).tothe
maximum extent practical. The new channel should be constructed in the dry and water shall
not be turned into the new channel until the banks are stabilized. Vegetation used for bank
stabilization shall be limited to native woody species, and should include establishment of a
30-foot wide wooded and an adjacent 20-foot wide vegetated buffer on both sides of the
relocated channel to the maximum extent practical. A transitional phase incorporating
appropriate erosion control matting materials and seedling establishment is allowable,
however matting that incorporates plastic mesh and/or plastic twine shall not he used |n
xvedands, riparian buffers orDomdp|einmas recommended by the North Carolina Sediment
and Erosion Control Manual. Rip-Vmp.Arjacks. concrete, gabionsor other hard structures
may be allowed if it is necessary to maintain the physical integrity of the stream; however, the
applicant must provide written justification and any calculations used tn determine the extent
pf rip-rap coverage. Please note that if the stream relocation ia conducted msastream
restoration as defined in the US Army Corps of Engineers Wilmington District, April 2003
Stream Mitigation Guidelines (or its subsequent updates), the restored length may be used
a» compensatory mitigation for the impacts resulting from the relocation,
12 Sbormwater Management Plan Requirements
All applications shall address stVrmwater management throughout the entire project area per
the 401 Stormwater Requirements, referenced herein as "Attachment A" at the end of this
13. Bridge deck drains shall not discharge directly into the stream. Stormweter shall bedirected
across the bridge and pre-treated through site-appropriate means (grassed ewoles,pre-
formed scour holes, vegetated buffers, etc.) before entering the stream, Please refer b/the
most current version of3hoonwmbyr Best Management Practices, Exceptions bz this condition
require written approval by the Division,
Culverts required for this project shall be designed and installed in such a manner that the
#riginal stream profiles are not altered and allow for aquatic life movement during low flows.
Existing stream dimensions (including the cross section dimensions, pattern, and longitudinal
profile) must be maintained above and below locations of each culvert.
Placement of culverts and other structures in waters and streams must be below the
elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches,
inches, to allow low flow passage of water and aquatic life.
Isolated Wetlands General Permit (IWGPl00000) 6

to the Division 60 days prior to the installation of the culvert.
If other site-specific topographic constraints preclude the ability to bury the culverts as
described above and/or it can be demonstrated that burying the culvert would result in
destabilization of the channel, then exceptions to this condition require application submittal
to, and written approval by, the Division cf Water Quality, regardless c6 the total impacts to
streams ormmflands from the project.
The establishment of native, woody vegetation and other soft stream bank stabilization
techniques must be used where practicable instead ofhpnapo,other bank hardening
methods.
15. If this General Permit is used to access building sites, then all lots owned by the applicant
must be buildable without additional impacts to streams or wetlands The applicant is
required to provide evidence that the lots are buildable without requiring additional impacts
wetlands, waters, or buffers if required to do so in writing by the Division For road
construction purposes, this Permit shall only be utilized from natural high ground to natural
high ground,
16. Deed notifications or similar mechanisms shall be placed on all retained jurisdictional
wetlands, waters, and protective buffers within the project boundaries in order to assure
compliance for future wetland, water, and buffer impact. These mechanisms shall be put in
place at the time of recordina of 1bg
*�_ _pLoperty or of individual lots, whichever is apg[gpriate. A
samp,le deed notification can e downloaded from the Division's web site at
The text of the
sample deed notification may be modified as appropriate to suit to a specific project.
Documentation of deed notifications shall be provided to the Division upon request.
17 If an environmental document is required under the National or State Environmental Policy
Act (NEPA or SEPA), then this General Certification is not valid until a Finding of No
Significant Impact (FONSI) or Record of Decision (ROD) is issued by the State
18 In the twenty (20) coastal counties, the appropriate DWQ Regional Office must be contacted
to determine if Coastal Stormwater Regulations will be required,
7
|s�ahedVVedandsGenem�perm�(K�GP1D0UQD)

1 rkTowl rd Sri 4 1=4 it]
19, This General Certification does not relieve the applicant of the responsibility to obtain all other
required Federal, State, or Local approvals.
20, The applicant/permittee and their authorized agents shall conduct all activities in a manner
consistent with State water quality standards (including any requirements resulting from
compliance with §303(d) of the Clean Water Act), and any other appropriate requirements of
State and Federal Law. If the Division determines that such standards or laws are not being
met, including failure to sustain a designated or achieved use, or that State or Federal law is
being violated, or that further conditions are necessary to assure compliance, then the
Division may reevaluate and modify this General Water Quality Certification.
21 When written authorization is required for use of this certification, upon completion of all
permitted impacts included within the approval and any subsequent modifications, the
applicant shall be required to return the certificate of completion attached to the approval.
One copy of the certificate shall be sent to the DWO Central Office in Raleigh at 1650 Mail
Service Center, Raleigh, NC, 27699-1650,
22, Additional site-specific conditions, including monitoring and/or modeling requirements, may
be added to the written approval letter for projects proposed under this Water Quality
Certification in order to ensure compliance with all applicable water quality and effluent
23, This certification grants permission to the director, an authorized representative of the
Director, or DENR staff, upon the presentation of proper credentials, to enter the property
during normal business hours,
This General Permit shall expire five (5) years from the date of issuance of the written letter from
the Division. The conditions in effect on the date of issuance of Certification for a specific project
shall remain in effect for the life of the project, regardless of the expiration date of this Permit.
Non-compliance with or violation of the conditions herein set forth by a specific project may result
in revocation of this General Certification for the project and may also result in criminal and/or civil
penalties.
MIAMI N
uses of the wetland or downstream waters are precluded.
Public hearings may be held for specific applications or group of applications prior to a
Certification decision if deemed in the public's best interest by the Director cf the North Carolina
Division of Water Quality.
History Note: This Isolated Wetlands General Permit replaces the Isolated Wetlands General
Permit (IWGP1 00000) issued on October 31, 2008 and October 3, 2003 This General Permit is
,escinded five (5) years from the effective date or unless otherwise rescinded or until deemed
i,ippropriate by the Director of the Division of Water, Quality,
Isolated Wetlands General Permit (IWGP100000) 8

The requirements listed below shall be implemented in order to comply with Condition 12 of this
General Permit, For the North Carolina Department of Transportation, compliance with NCDOT's
Individual NPDES permit NCS000250 shall serve to satisfy the 401 and Isolated Wetland
Stormwater Requirements.'
A. Design and Implementation Requirements. All projects, regardless of project arem
amount of built-upon area or amount of jurisdictional impact, shall meet the followin
stormwater design requirements:
i, Non-Erosive Discharge to Streams and Wetlands. Stormwaterconveyamces that
discharge hw streams and wetlands must discharge mt a non-erosive velocity prior ho
entering the stream or wetland during the peak flow hom the ten-year storm.
ii, Vegetated Setbacks. A3g400t wide vegetated setback must be maintained adjacent hn
streams, rivers and tidal waters in areas that are not subject to a state Riparian Area
Protection Rule or other more stringent vegetated setback requirements. The width of
the setback shall be measured horizontally from the normal pool elevation of impounded
structures, the top-of-bank of streams and rivers, and the mean high waterline of tidal
waters, perpendicular to shoreline. Vegetated setback and filters required by state rules
or local governments may be met concurrently with this requirement and may contain
coastal, isolated or4O4 jurisdictional wetlands. Nmn-jurisdictmna| portions mfthe
vegetated setback may be cleared and graded, but must be planted with and maintained
in grass or other vegetative or plant materia|.»
iii. Construction and Operation. The etpnnwatermanagement plan must beconstructed
and operational before any permanent building mr other structure io occupied mr utilized ot
the site. The atornnwebarmanagement p|an, including drainage paUerms, must be
maintained in perpetuity*
|v Coordination with OtherSnmrmmovaher Programs. Projects that are subject to another
Division of Water Quality (DWQ) stormwater program, including (but not limited to) the 20
Coastal Coundee, HC}VV, DRVVorstate-implemented Phase || NPDE8. or Certified
Community's atonnwabar management program, must be constructed and maintained in
compliance with the approved shmrmwater management p|an.o
v. Stpnnwater Design Requirements for Projects Not Covered Under Item (iv).
Projects that are not subject to another DVV(]stornvvater pm)Qrarn ore Certified
Community's stormwater program shall meet all of the following requirements:
o. Low Density. Asite is low density If all the following requirements are met
The development has a built upon area uf twenty-four percent (24%)cvless,
considering both current and future development, When determining the amount
of built upon an*a, coastal wetlands shall be included; however. ponds, lakes and
rivers am specified in North Carolina's Schedule of Classifications shall be
excluded, |fa portion cf project has o density greater than 24%. the higher
density area must be located inan upland area and away from surface waters
and dnainagewaymto the maximum extent practioable,~
2, All stun7nmater runoff from the built upon areas is transported primarily via
vegetated conveyances designed in accordance with the most recent version of
the mCDkNQ Shormwmter Best Management Practices Manual, Alternative
designs may be approved if the applicant can show that the design provides

The project must not include a stormwater collection system (such as piped
conveyances) as defined in 15A NCAC 02B .0202(60) 7
b High Density, Projects that do not meet the Low Density requirements shall me"'
the following requirements: I
1, Stormwater runoff from the entire site must be treated by structural stormwater
controls (BMPs) that are designed to remove eighty-five percent (85%) of the
average annual amount of Total Suspended Solids (TSS), Stormwater runoff
that drains directly to Nutrient Sensitive Waters (NSW) must also be treated to
remove thirty percent (30%) of Total Nitrogen (TN) and Total Phosphorus (TP).8
2 Ali BMPs must be designed in accordance with the version • the NC DWQ
Stormwater Best Management Practices Manual that is in place on the date of
stormwater management plan submittal Alternative designs may be approved if
the applicant can show that the design provides equal or better water quality
protection than the practices specified in the manual.9
3. DWO may add specific stormwater management requirements on a case-by-
case basis in order to ensure that a proposed activity will not violate water quality
standards, 10
5, Proposed new development undertaken by a local government solely as a PUbli#
road project shall follow the requirements of the NC DOT BMP Toolbox rather
than Items (1)-(4) above. 12
B. Submittal Requirements. The submittal requirements listed below apply only to projects
that require written authorization as indicated in the applicable General Certification as well
as projects that require an Isolated Wetlands Permit. Any required documentation shall
be sent to the Wetlands, Buffers and Stormwater Compliance and Permitting Unit at
1650 Mail Service Center, Raleigh, NC 27699-1650,
i. Projects that are Subject to Another DWO Stormwater Program: If the project is
subject to another DWQ stormwater program, such as the 20 Coastal Counties, HQW,
ORW or state- implemented Phase 11 NPDES, then the applicant shall submit a copy of
the stormwater approval letter before any impacts occur on site. 13
ii. Projects that are Subject to a Certified Community's Stormwater Program. If the
project is subject to a certified local government's stormwater program, then the applicant
shall submit one set of approved stormwater management plan details and calculations
with documentation of the local government's approval before any impacts occur on site,
iii. Projects Not Covered Under Items (I) or (h). If the project is not subject to another
DWO Stormwater Program • a Certified Community's stormwater program, then it shall
be reviewed and approved by the DWQ through the Water Quality Certification
authorization process.
a. Low Density. For low density projects, the applicant shall submit two copies of the
DWO Low Density Supplement Form with all required items, 13
Isolated Wetlands General Permit (1WGP100000) 10

b High Density. For high density projects, the applicant shall submit two copies of a
DWQ BIVIP Supplement Form and all required items at the specified scales for each
BMP that is proposed. 13
iv. Phasing, Stormwater management plans may be phased on a case-by-case basis, with
the submittal of a final stormwater management plan per Items (i)-(Iii) above required for
the current phase and a conceptual stormwater management plan for the future phase(s).
The stormwater management plan for each future phase must be approved by the
appropriate entity before construction of that phase is commenced. The approved
stormwater management plan for each future phase must • constructed and operational
before any 4 permanent building • other structure associated with that phase is
occupied,
Stormwater Management Plan Modifications. The stormwater management plan may
not be modified without prior written authorization from the entity that approved the plan.
If the project is within a Certified Community, then the applicant shall submit one set •
approved stormwater management plan details and calculations with documentation of
the local government's approval for record-keeping purposes. If the project is subject to
D. review, then the applicant shall submit two copies of the appropriate Supplement
Forms per Item (iii) above for any it s that have been modified for DWQ's review and
approval."
#
Isolated Wetlands General Permit (IWGPIOOOOO) 11

Attachment B
In this example, the applicant proposes to fill 0.95 acre of 404 wetlands and 0.40 acre of
Isolated wetlands. Since the Isolated impact is over the IWGPIOOOO threshold, written
concurrence is required for the Isolated fill, in addition to the 404 fill. The applicant should
note both impacts on the PCN and seek the Isolated General Permit AND the appropriate
General Certification, Compensatory mitigation is required since total wetland impacts
exceed one (1) acre.
Isolated Wetlands General Permit (IWGP1 00000) 12

Example 2: Wetland Impacts and Compensatory Mitigation
In this example, the applicant proposes to fill 0.95 acre of 404 wetlands and 0.08 acre of
Isolated wetlands. Since the Isolated impact is under the IWGPI 00000 threshold, written
concurrence is not required for the Isolated fill. However, this impact should be noted on
the PCN submitted for written concurrence on the 404 wetland fill. Compensatory
mitigation is required since total wetland impacts exceed one (1) acre.
Isolated Wetlands General Permit (IWGPI 00 000) 13