20240250 Ver 1_Approval Letter_20240506

DocuSign Envelope ID: CDFC7612-684B-48A3-98A3-B916BB5977FF
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
May 6, 2024
DWR #20240250
Craven County
City of New Bern
Attn: George Chiles
P.O. Box 1129
New Bern, NC 28563
Delivered via email to: [e-mail]
Subject: Approval of Individual 401 Water Quality Certification
Hurricane Florence Repairs, Jack Smith Creek Drainage Basin
USACE Action ID. No. SAW-2020-01704
George Chiles:
Attached hereto is a copy of Certification No. WQC006804 issued to George Chiles and City of New Bern,
dated May 6, 2024. This approval is for the purpose and design described in your application. The plans
and specifications for this project are incorporated by reference as part of this Water Quality 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. [15A NCAC 02H .0507(d)(2)].
This Water Quality Certification does not relieve the permittee of the responsibility to obtain all other
required Federal, State, or Local approvals before proceeding with the project, including those required
by, but not limited to, Sediment and Erosion Control, Non -Discharge, Water Supply Watershed, and
Trout Buffer regulations.
This Water Quality Certification neither grants nor affirms any property right, license, or privilege in any
lands or waters, or any right of use in any waters. This Water Quality Certification does not authorize
any person to interfere with the riparian rights, littoral rights, or water use rights of any other person
and does not create any prescriptive right or any right of priority regarding any usage of water. This
Water Quality Certification shall not be interposed as a defense in any action respecting the
determination of riparian or littoral rights or other rights to water use. No consumptive user is deemed
by virtue of this Water Quality Certification to possess any prescriptive or other right of priority with
respect to any other consumptive user.
Upon the presentation of proper credentials, the Division may inspect the property.
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611
NORTH CARou Na 919.707.9000

DocuSign Envelope ID: CDFC7612-684B-48A3-98A3-B916BB5977FF
Hurricane Florence Repairs, Jack Smith Drainage Basin
DWR #20240250
Individual Certification #WQC006804
Page 2 of 12
This Water Quality Certification shall expire on the same day as the expiration date of the corresponding
Section 404 Permit. The conditions shall remain in effect for the life of the project, regardless of the
expiration date of this Water Quality Certification.
Non-compliance with or violation of the conditions herein set forth may result in revocation of this
Water Quality Certification for the project and may also result in criminal and/or civil penalties.
If you are unable to comply with any of the conditions of this Water Quality Certification you must notify
the Washington Regional Office within 24 hours (or the next business day if a weekend or holiday) from
the time the permittee becomes aware of the circumstances.
The permittee shall report to the Washington Regional Office any noncompliance with, and/or any
violation of, stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment
impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next
business day if a weekend or holiday) from the time the permittee became aware of the non-compliance
circumstances.
This approval and its conditions are final and binding unless contested [G.S. 143-215.5].
This Certification can be contested as provided in Chapter 150B of the North Carolina General Statutes by
filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative
Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter
150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code.
Additional information regarding requirements for filing a Petition and Petition forms may be accessed at
http://www.ncoah.com/ or by calling the OAH Clerk's Office at [phone].
A party filing a Petition must serve a copy of the Petition on:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
If the party filing the Petition is not the permittee, then the party must also serve the recipient of the
Certification in accordance with N.C.G.S 15013-23(a).
This letter completes the Division's review under section 401 of the Clean Water Act and 15A NCAC 02H
.0500. Please contact Samantha Wooten at [phone] or [e-mail] if you
have any questions or concerns.
Sincerely,
DocuSigned by:
Sf t plA,aa f_ C,DSS
755ABFOCDNB428...
Stephanie Goss, Supervisor
401 & Buffer Permitting Branch
D � ��� North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11611 Mail Service Center I Raleigh, North Carolina 27699-1611
NORTH CARou Na 919.707.9000

DocuSign Envelope ID: CDFC7612-684B-48A3-98A3-B916BB5977FF
Hurricane Florence Repairs, Jack Smith Drainage Basin
DWR #20240250
Individual Certification #WQC006804
Page 3 of 12
Electronic cc: Scott Davis, Axiom Environmental, Inc. ([e-mail])
Allison Keith, Axiom Environmental, Inc. ([e-mail])
Anthony Scarbraugh, USACE Craven Regulatory Field Office
([e-mail])
Maria Dunn, NCWRC ([e-mail])
DWR 401 & Buffer Permitting Branch Electronic file
Filename: 20240250 Hurricane Florence Damage — Craven — 401.docx
D � ��� North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11611 Mail Service Center I Raleigh, North Carolina 27699-1611
NOR1H CARou Na 919.707.9000

DocuSign Envelope ID: CDFC7612-684B-48A3-98A3-B916BB5977FF
Hurricane Florence Repairs, Jack Smith Drainage Basin
DWR #20240250
Individual Certification #WQC006804
Page 4 of 12
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #WQC006804 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 0213.0200, to George Chiles and City of New Bern, 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 14, 2024, and subsequent information on April 17, 2024, May 1, 2024, and May 6,
2024, and by Public Notice issued by the Division on February 13, 2024, and within the Reasonable Period
of Time pursuant to 40 CFR Part 121.6.
The State of North Carolina certifies that this activity will comply with water quality requirements and
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.
The following impacts are hereby approved. No other impacts are approved, including incidental
impacts. [15A NCAC 02H .0506(b)]
Type of Impact
Amount Approved
Amount Approved
Mitigation Amount
Permanent
Temporary
Required
Perennial Streams
1-12 Jack Smith Creek —
0 linear feet
16 linear feet
0 credits
Channel Dewatering
1-16B Jack Smith Creek —
65 linear feet
0 linear feet
0 credits
Stream Fill
1-16B —Jack Smith Creek
0 linear feet
70 linear feet
0 credits
— Channel Dewatering
1-17 —Jack Smith Creek—
0 linear feet
90 linear feet
0 credits
Channel Dewatering
1-19 Jack Smith Creek —
230 linear feet
0 linear feet
0 credits
Stream Fill
1-19 Jack Smith Creek —
0 linear feet
155 linear feet
0 credits
Channel Dewatering
1-20 JSC-NWW-3p —
691 linear feet
0 linear feet
0 credits
Stream Fill
1-20 JSC-NWW-3p —
0 linear feet
737 linear feet
0 credits
Channel Dewatering
1-23 JSC-NWW-3p —
200 linear feet
0 linear feet
0 credits
Stream Fill
1-23 JSC-NWW-3p —
0 linear feet
125 linear feet
0 credits
Channel Dewatering
1-25 JSC-NWW-6p —
0 linear feet
38 linear feet
0 credits
Channel dewatering
1-31A JSC-NWW-6p —
5 linear feet
0 linear feet
0 credits
Culvert Outlet Protection
North Carolina Department of Environmental Quality I Division of Water Resources
D � 512 North Salisbury Street 11611 Mail Service Center I Raleigh, North Carolina 27699-1611
NoalHCaaD_NA 919.707.9000

DocuSign Envelope ID: CDFC7612-684B-48A3-98A3-B916BB5977FF
Hurricane Florence Repairs, Jack Smith Drainage Basin
DWR #20240250
Individual Certification #WQC006804
Page 5 of 12
1-31A JSC-NWW-6p —
0 linear feet
25 linear feet
0 credits
Channel Dewatering
1-31B JSC-NWW-6p —
6 linear feet
0 linear feet
0 credits
Stream Fill
1-31B JSC-NWW-6p —
0 linear feet
36 linear feet
0 credits
Channel Dewatering
1-36 JSC-NWW-6p —
4 linear feet
0 linear feet
0 credits
Stream Fill
1-36 JSC-NWW-6p —
10 linear feet
0 linear feet
0 credits
Outlet Protection
1-36 JSC-NWW-6p —
0 linear feet
31 linear feet
0 credits
Channel Dewatering
1-37 JSC-NWW-6p —
15 linear feet
0 linear feet
0 credits
Stream Fill
1-37 JSC-NWW-6p
0 linear feet
60 linear feet
0 credits
Channel Dewatering
1-40B JSC-NWW-6p —
5 linear feet
0 linear feet
0 credits
Culvert Outlet Protection
1-41 JSC-NWW-6p —
520 linear feet
0 linear feet
0 credits
Stream Fill
1-41 JSC-NWW-6p —
0 linear feet
308 linear feet
0 credits
Channel Dewatering
1-42A JSC-NWW-6p —
38 linear feet
0 linear feet
0 credits
Stream Fill
1-42A JSC-NWW-6p —
0 linear feet
53 linear feet
0 credits
Channel Dewatering
1-42C JSC-NWW-6p —
5 linear feet
0 linear feet
0 credits
Culvert Outlet Protection
1-42C JSC-NWW-6p —
300 linear feet
0 linear feet
0 credits
Stream Fill
1-42C JSC-NWW-6p —
0 linear feet
370 linear feet
0 credits
Channel Dewatering
1-43 JSC-NWW-6p —
201 linear feet
0 linear feet
0 credits
Stream Fill
1-43 JSC-NWW-6p —
0 linear feet
217 linear feet
0 credits
Channel Dewatering
Totals:
2,2951inear feet
2,3311inear feet
0 credits
Intermittent Streams
1-13 JSC-NWW-17i —
7 linear feet
0 linear feet
0 credits
STREAM FILL
1-13 JSC-NWW-17i —
0 linear feet
46 linear feet
0 credits
CHANNEL DEWATERING
1-14 JSC-NWW-17i —
11 linear feet
0 linear feet
0 credits
STREAM FILL
1-14 JSC-NWW-17i —
0 linear feet
22 linear feet
0 credits
Channel Dewatering
North Carolina Department of Environmental Quality I Division of Water Resources
D � 512 North Salisbury Street 11611 Mail Service Center I Raleigh, North Carolina 27699-1611
NoalHCaaD-wa 919.707.9000

DocuSign Envelope ID: CDFC7612-684B-48A3-98A3-B916BB5977FF
Hurricane Florence Repairs, Jack Smith Drainage Basin
DWR #20240250
Individual Certification #WQC006804
Page 6 of 12
1-15 JSC-NWW-15i —
400 linear feet
0 linear feet
0 credits
Stream Fill
1-15 JSC-NWW-15i —
0 linear feet
215 linear feet
0 credits
Channel Dewatering
1-18 JSC-NWW-10i —
6 linear feet
0 linear feet
0 credits
Culvert Outlet Protection
1-18 JSC-NWW-10i —
0 linear feet
12 linear feet
0 credits
Channel Dewatering
1-32 JSC-NWW-12i —
5 linear feet
0 linear feet
0 credits
Culvert Outlet Protection
1-38 JSC-NWW-6i —
0 linear feet
25 linear feet
0 credits
Channel Dewatering
1-43 JSC-NWW-19i —
0 linear feet
13 linear feet
0 credits
Channel Dewatering
1-44 JSC-NWW-19i —
0 linear feet
5 linear feet
0 credits
Culvert Inlet Protection
1-44 JSC-NWW-19i —
3 linear feet
0 linear feet
0 credits
Culvert Outlet Protection
1-46 JSC-NWW-8i —
5 linear feet
0 linear feet
0 credits
Culvert Outlet Protection
1-47 JSC-NWW-18i —
45 linear feet
0 linear feet
0 credits
Stream Fill
1-47 JSC-NWW-18i —
0 linear feet
50 linear feet
0 credits
Channel Dewatering
Totals:
482 linear feet
388 linear feet
0 credits
Ephemeral Streams
1-6A JSC-NWW-53 —
3 linear feet
0 linear feet
0 credits
Culvert Outlet Protection
1-6A JSC-NWW-53 —
0 linear feet
30 linear feet
0 credits
Channel Dewatering
1-33 JSC-NWW-46 —
0 linear feet
5 linear feet
0 credits
Culvert Inlet Protection
Totals:
3 linear feet
35 linear feet
0 credits
Riparian Wetlands
1-1 JSC-W16 — Wetland
0.0010 acres
0 acres
0 credits
Fill
1-1 JSC-W16 — Culvert
0.0011 acres
0 acres
0 credits
Outlet Protection
1-1 JSC-W16 — Culvert
0 acres
0.0002 acres
0 credits
Inlet Protection
1-1 JSC-W16 — Channel
0 acres
0.0130 acres
0 credits
Dewatering
1-2 JSC-W16 — Channel
0 acres
0.0017 acres
0 credits
Dewatering
1-9 JSC-W29 — Wetland
0.0002 acres
0 acres
0 credits
Fill
North Carolina Department of Environmental Quality I Division of Water Resources
D � 512 North Salisbury Street 11611 Mail Service Center I Raleigh, North Carolina 27699-1611
NoalHCaaD-wa 919.707.9000

DocuSign Envelope ID: CDFC7612-684B-48A3-98A3-B916BB5977FF
Hurricane Florence Repairs, Jack Smith Drainage Basin
DWR #20240250
Individual Certification #WQC006804
Page 7 of 12
1-9 JSC-W29 — Channel
0 acres
0.0014 acres
0 credits
Dewatering
1-10 JSC-W39 — Channel
0 acres
0.0012 acres
0 credits
Dewatering
1-10 JSC-W40 — Channel
0 acres
0.0037 acres
0 credits
Dewatering
1-11 JSC-W39 — Channel
0.0011 acres
0 acres
0 credits
Outlet Protection
1-11 JSC-W39 — Channel
0 acres
0.0027 acres
0 credits
Dewatering
1-28 JSC-W23 — Channel
0 acres
0.0017 acres
0 credits
Dewatering
1-29 JSC-W23 — Wetland
0.0004 acres
0 acres
0 credits
Fill
1-29 JSC-W23 — Channel
0 acres
0.0095 acres
0 credits
Dewatering
1-44 JSC-W26 — Culvert
0.0002 acres
0 acres
0 credits
Outlet Protection
Totals:
0.004 acres
0.036 acres
0 credits
This approval requires you to follow the conditions listed in the certification below.
CONDITIONS OF CERTIFICATION [15A NCAC 02H .0507(c)]:
1. The designer or his designee shall supervise the installation of in -stream structures.
Citation: 15A NCAC 02H .0506(b)(1) and (2)
The permittee shall provide on -site supervision of stability work including, but not limited to bank
re -sloping, culvert installation, in -stream structure placement, and riparian zone re-establishment,
by an appropriately trained individual.
Citation: 15A NCAC 02H .0506(b)(1) and (2)
3. Visual monitoring of the stabilization project shall be conducted at a minimum of quarterly for the
first year or two bankfull events (whichever is longer), and then annually until the site is stable
(particularly after storm events) and vegetation is successful. Any failures of structures, stream
banks, or vegetation may require future repairs or replacement, which requires coordination with
the Washington Regional Office to ensure the stability and water quality of the stream and
downstream waters.
Citation: 15A NCAC 02H .0506(b)(1), (2) and/or (3)
4. Water shall not be released into any new channels until the stream and banks are stabilized.
Citation: 15A NCAC 02H .0506(b)(3)
5. The permittee shall report to the DWR Washington Regional Office any noncompliance with,
and/or any violation of, stream or wetland standards [15A NCAC 02B .0200], including but not
limited to sediment impacts to streams or wetlands. Information shall be provided orally within
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11611 Mail Service Center I Raleigh, North Carolina 27699-1611
Nnhricaao.iw 919.707.9000

DocuSign Envelope ID: CDFC7612-684B-48A3-98A3-B916BB5977FF
Hurricane Florence Repairs, Jack Smith Drainage Basin
DWR #20240250
Individual Certification #WQC006804
Page 8 of 12
24 hours (or the next business day if a weekend or holiday) from the time the permittee became
aware of the non-compliance circumstances.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
6. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the footprint
of the approved impacts (including temporary impacts).
Citation: 15A NCAC 02H .0506; 15A NCAC 02H .0507(c)
7. All activities shall be in compliance with any applicable State Regulated Riparian Buffer Rules in
Chapter 2B of Title 15A in the North Carolina Administrative Code.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
8. When applicable, all construction activities shall be performed and maintained in full
compliance with G.S. Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973).
Regardless of applicability of the Sediment and Pollution Control Act, all projects shall
incorporate appropriate Best Management Practices for the control of sediment and erosion so
that no violations of state water quality standards, statutes, or rules occur.
Design, installation, operation, and maintenance of all sediment and erosion control measures
shall be equal to or exceed the requirements specified in the most recent version of the North
Carolina Sediment and Erosion Control Manual, or for linear transportation projects, the North
Caroline Department of Transportation Sediment and Erosion Control Manual.
All devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) sites,
including contractor -owned or leased borrow pits associated with the project. Sufficient
materials required for stabilization and/or repair of erosion control measures and stormwater
routing and treatment shall be on site at all times.
For borrow pit sites, the erosion and sediment control measures shall be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Surface Mining Manual. Reclamation measures and implementation shall comply with the
reclamation in accordance with the requirements of the Sedimentation Pollution Control Act
and the Mining Act of 1971.
If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs), SA, WS-
I, WS-II, High Quality Waters (HQW), or Outstanding Resource Waters (ORW), then the
sedimentation and erosion control designs shall comply with the requirements set forth in 15A
NCAC 0413.0124, Design Standards in Sensitive Watersheds.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCACO28 .0200; 15A NCAC 02B
.0231
Sediment and erosion control measures shall not be installed in wetland or waters except within
the footprint of temporary or permanent impacts otherwise authorized by this Certification. If
placed within authorized impact areas, then placement of such measures shall not be conducted
in a manner that results in dis-equilibrium of any wetlands, streambeds, or streambanks. Any
silt fence installed within wetlands shall be removed from wetlands and the natural grade
restored within two (2) months of the date that DEMLR or locally delegated program has
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11611 Mail Service Center I Raleigh, North Carolina 27699-1611
NQr cavo, iNa 919.707.9000

DocuSign Envelope ID: CDFC7612-684B-48A3-98A3-B916BB5977FF
Hurricane Florence Repairs, Jack Smith Drainage Basin
DWR #20240250
Individual Certification #WQC006804
Page 9 of 12
released the specific area within the project to ensure wetland standards are maintained upon
completion of the project.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 028 .0200; 15A NCAC 02B
.0231
10. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used
along streambanks or within wetlands.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
11. If the project is covered by NPDES Construction Stormwater Permit Number NCGO10000 or
NPDES Construction Stormwater Permit Number NCG250000, full compliance with permit
conditions including the erosion & sedimentation control plan, inspections and maintenance,
self -monitoring, record keeping and reporting requirements is required.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 028 .0200; 15A NCAC 02B
.0231
12. All work in or adjacent to streams 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 Department of
Transportation Construction and Maintenance Activities Manual, such as sandbags, rock berms,
cofferdams, and other diversion structures shall be used to minimize excavation in flowing
water.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 028 .0200
13. Culverts shall be designed and installed in such a manner that the original stream profiles are
not altered and allow for aquatic life movement during low flows. The dimension, pattern, and
profile of the stream above and below a pipe or culvert shall not be modified by widening the
stream channel or by reducing the depth of the stream in connection with the construction
activity. The width, height, and gradient of a proposed culvert shall be such as to pass the
average historical low flow and spring flow without adversely altering flow velocity. If the width
of the culvert is wider than the stream channel, the culvert shall include multiple boxes/pipes,
baffles, benches and/or sills to maintain the natural width of the stream channel. If multiple
culverts/pipes/barrels are used, low flows shall be accommodated in one culvert/pipe and
additional culverts/pipes shall be installed such that they receive only flows above bankfull.
Placement of culverts and other structures in streams shall be below the elevation of the
streambed by one foot for all culverts with a diameter greater than 48 inches, and 20% of the
culvert diameter for culverts having a diameter less than or equal to 48 inches, to allow low flow
passage of water and aquatic life. If the culvert outlet is submerged within a pool or scour hole
and designed to provide for aquatic passage, then culvert burial into the streambed is not
required.
For structures less than 72" in diameter/width, and topographic constraints indicate culvert
slopes of greater than 2.5% culvert burial is not required, provided that all alternative options
for flattening the slope have been investigated and aquatic life movement/connectivity has
been provided when possible (e.g. rock ladders, cross -vanes, sills, baffles etc.). Notification,
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11611 Mail Service Center I Raleigh, North Carolina 27699-1611
Nnhricaao.iw 919.707.9000

DocuSign Envelope ID: CDFC7612-684B-48A3-98A3-B916BB5977FF
Hurricane Florence Repairs, Jack Smith Drainage Basin
DWR #20240250
Individual Certification #WQC006804
Page 10 of 12
including supporting documentation to include a location map of the culvert, culvert profile
drawings, and slope calculations, shall be provided to DWR 30 calendar days prior to the
installation of the culvert.
When bedrock is present in culvert locations, culvert burial is not required, provided that there
is sufficient documentation of the presence of bedrock. Notification, including supporting
documentation such as a location map of the culvert, geotechnical reports, photographs, etc.
shall be provided to DWR a minimum of 30 calendar days prior to the installation of the culvert.
If bedrock is discovered during construction, then DWR shall be notified by phone or email
within 24 hours of discovery.
Installation of culverts in wetlands shall ensure continuity of water movement and be designed
to adequately accommodate high water or flood conditions. When roadways, causeways, or
other fill projects are constructed across FEMA-designated floodways or wetlands, openings
such as culverts or bridges shall 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 shall be used where practicable instead of rip -rap or other bank hardening methods.
Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c)
14. Application of fertilizer to establish planted/seeded vegetation within disturbed riparian areas
and/or wetlands shall be conducted at agronomic rates and shall comply with all other Federal,
State and Local regulations. Fertilizer application shall be accomplished in a manner that
minimizes the risk of contact between the fertilizer and surface waters.
Citation: 15A 02H .0506(b), 15A NCAC 02H .0507(c), 15A NCAC 02B .0200, 15A NCAC 02B .0231
15. If concrete is used during 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.
Citation: 15A 02H .0506(b), 15A NCAC 02H .0507(c), 15A NCAC 028 .0200, 15A NCAC 028 .0231
16. All proposed and approved temporary fill and culverts shall be removed and the impacted area
shall be returned to natural conditions within 60 calendar days after the temporary impact is no
longer necessary. The impacted areas shall be restored to original grade, including each
stream's original cross -sectional dimensions, planform pattern, and longitudinal bed profile. All
temporarily impacted sites shall be restored and stabilized with native vegetation.
Citation: 15A NCAC 02H.0506(b), 15A NCAC 02H .0507(c)
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Protections are necessary to ensure any
remaining surface waters or wetlands, and any surface waters or wetlands downstream,
continue to support existing uses after project completion.
17. All proposed and approved temporary pipes/culverts/rip-rap pads etc. in streams or wetlands
shall be installed as outlined in the most recent edition of the North Carolina Sediment and
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11611 Mail Service Center I Raleigh, North Carolina 27699-1611
Nnhri caao, iNa 919.707.9000

DocuSign Envelope ID: CDFC7612-684B-48A3-98A3-B916BB5977FF
Hurricane Florence Repairs, Jack Smith Drainage Basin
DWR #20240250
Individual Certification #WQC006804
Page 11 of 12
Erosion Control Planning and Design Manual or the North Carolina Surface Mining Manual or
the North Carolina Department of Transportation Best Management Practices for Construction
and Maintenance Activities so as not to restrict stream flow or cause dis-equilibrium during use
of this Certification.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
18. Any rip -rap required for proper culvert placement, stream stabilization, or restoration of
temporarily disturbed areas shall be restricted to the area directly impacted by the approved
construction activity. All rip -rap shall be placed such that the original streambed elevation and
streambank contours are restored and maintained and shall consist of clean rock or masonry
material free of debris or toxic pollutants. Placement of rip -rap or other approved materials
shall not result in de -stabilization of the stream bed or banks upstream or downstream of the
area or be installed in a manner that precludes aquatic life passage.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
19. Any rip -rap used for stream or shoreline stabilization shall be of a size and density to prevent
movement by wave, current action, or stream flows, and shall consist of clean rock or masonry
material free of debris or toxic pollutants. Rip -rap shall not be installed in the streambed except
in specific areas required for velocity control and to ensure structural integrity of bank
stabilization measures.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0201
20. All mechanized equipment operated near surface waters shall be inspected and maintained
regularly to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids, or
other toxic materials. Construction shall be staged in order to minimize the exposure of
equipment to surface waters to the maximum extent practicable. Fueling, lubrication, and
general equipment maintenance shall be performed in a manner to prevent, to the maximum
extent practicable, contamination of surface waters by fuels and oils.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCAC 02B
.0231
21. Heavy equipment working in wetlands shall be placed on mats or other measures shall be taken
to minimize soil disturbance and compaction.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0231
22. In accordance with 143-215.85(b), the permittee shall report any petroleum spill of 25 gallons or
more; any spill regardless of amount that causes a sheen on surface waters; any petroleum spill
regardless of amount occurring within 100 feet of surface waters; and any petroleum spill less
than 25 gallons that cannot be cleaned up within 24 hours.
Citation: 15A NCAC 02H .0507(c); N.C.G.S 143-215.85(b)
23. The 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.
North Carolina Department of Environmental Quality I Division of Water Resources
�NAfll
512 North Salisbury Street 11611 Mail Service Center I Raleigh, North Carolina 27699-1611
Nnr�n c919.707.9000

DocuSign Envelope ID: CDFC7612-684B-48A3-98A3-B916BB5977FF
Hurricane Florence Repairs, Jack Smith Drainage Basin
DWR #20240250
Individual Certification #WQC006804
Page 12 of 12
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
24. The permittee shall require its contractors and/or agents to comply with the terms and
conditions of this certification in the construction and maintenance of this project and shall
provide each of its contractors and/or agents associated with the construction or maintenance
of this project with a copy of this Water Quality Certification. A copy of this Water Quality
Certification shall be available at the project site during the construction and maintenance of
this project.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
This approval to proceed with your proposed impacts or 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(c)]
This, the 6tn day of May 2024
DocuSigned by:
Sf t plA,aa f- CDSS
755ABFOCDNB428...
Stephanie Goss, Supervisor
401 & Buffer Permitting Branch
D � ��� North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11611 Mail Service Center I Raleigh, North Carolina 27699-1611
NORTH CARou Na 919.707.9000