HomeMy WebLinkAbout20240191 Ver 1_Approval Letter_20240510ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
May 10, 2024
DWR #20240191
Guilford County
101 Chimney Rock, LLC
Attn: Brian Hall
5942 Tarleton Drive
Oak Ridge, NC 27310
Delivered via email to: bhall@sametcorp.com
Subject: Approval of Individual 401 Water Quality Certification
Samet Burnt Poplar Road
USACE Action ID. No. SAW-2023-02252
Dear Mr. Hall:
Attached hereto is a copy of Certification No. WQC006843 issued to Brian Hall and 101 Chimney Rock, LLC,
dated May 10, 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.
D E Q �J North Carolina Department of Environmental Quality I Division of Water Resources
Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Winston-Salem, North Carolina 27105
NORTH C of Envi A 336.776.9800
Deparlmem of Envlronmenml Duali�
Samet Burnt Poplar Road
DWR #20240191
Individual Certification #WQC006843
Page 2 of 10
Upon the presentation of proper credentials, the Division may inspect the property.
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 Winston-Salem 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 Winston-Salem 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.comy or by calling the OAH Clerk's Office at (919) 431-3000.
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).
North Carolina Department of Environmental Quality I Division of Water Resources
D E Q�� Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Winston-Salem, North Carolina 27105
NORTHCAROLINA 336.776.9800
oepanmem or Eemmemeemi aeei� /`�
Samet Burnt Poplar Road
DWR #20240191
Individual Certification #WQC006843
Page 3 of 10
This letter completes the Division's review under Section 401 of the Clean Water Act and 15A NCAC 02H
.0500. Please contact Seren Homer at 336-776-9698 or seren.homer@deg.nc.gov if you have any
questions or concerns.
Sincerely,
DocuSigned by:
OD2D3CE3F187456...
Jennifer F. Graznak
Assistant Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ— WSRO
Electronic cc: Troy Shelton, Dewberry Engineers, Inc.
Dylan Irby, Dewberry Engineers, Inc.
Laura Meyer, USACE Raleigh Regulatory Field Office
Olivia Munzer, NC Wildlife Resources Commission
Johnnie Hill, City of Greensboro Water Resources Department
DWR 401 & Buffer Permitting Branch Electronic File
North Carolina Department of Environmental Quality I Division of Water Resources
D E Q Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Winston-Salem, North Carolina 27105
NORTH CAROLINA 336.776.9800
Depa"mem of Environmental Duality
Samet Burnt Poplar Road
DWR #20240191
Individual Certification #WQC006843
Page 4 of 10
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #WQC006843 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 02B .0200, within the Reasonable Period of Time pursuant to 40 CFR Part 121.6, to Brian
Hall and 101 Chimney Rock, LLC, who have authorization for the impacts listed below, as described within
your application received by the N.C. Division of Water Resources (DWR or Division) on February 7, 2024
and subsequent information on April 8, 2024, and by Public Notice issued by the Division on February 1,
2024.
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)].
Site /
Amount Approved
Amount Approved
Mitigation
Feature ID
Type of Impact
Permanent
Temporary
Amount
Required
Perennial Streams
S1 /
Culvert/Road Crossing
65 linear feet
30 linear feet
0 credits
Stream SA
(Dewatering)
Totals:
65 linear feet
30 linear feet
0 credits
Intermittent Streams
S2 /
Culvert/Road Crossing
6 linear feet
0 linear feet
0 credits
Stream SB
Totals:
1 6 linear feet
1 0 linear feet
1 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 Permittee shall secure an approved stormwater management plan (SMP) from the local
stormwater authority and submit a copy to DWR (via email to seren.homer@deq.nc.gov) before
any impacts authorized in this Certification occur. The applicable portion of the approved SMP
shall be constructed and operational before any permanent building or other permanent
structure is occupied at the site. If any of the stormwater control measures (SCMs) are used as
Erosion and Sediment Control devices, they must be restored to the approved stormwater
design condition within 30 days of close-out of the Erosion and Sediment Control Plan.
If any additional direct or indirect stream or wetland impacts result from final SMP review, the
Permittee or their authorized agent shall submit an application to modify the 401 Certification
to account for the additional impacts. Any such impact will be considered cumulative to the
project.
North Carolina Department of Environmental Quality I Division of Water Resources
E Q�� Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Winston-Salem, North Carolina 27105
NORTHCAROLINA - 336.776.9800
oepanmem or Eemmemeemi aeei� /`�
Samet Burnt Poplar Road
DWR #20240191
Individual Certification #WQC006843
Page 5 of 10
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
2. All wetlands, streams, and surface waters located within 50 feet of the construction area on the
project site shall be clearly marked (example- orange fabric fencing) prior to any land disturbing
activities and must be maintained on the property until the project phase is completed.
Citation: 15A NCAC 02H .0506(b)(2); 15A NCAC 02H .0507(c)
3. Any final construction plans for this project must include or reference the application and plans
approved by DWR under this authorization letter and Certification. The Permittee will also be
required to evaluate all acquired permits to assure that they are consistent and all relative
impacts are accounted for and shown on the construction plans. Any additional impacts to
streams and/or wetlands within the project may be considered cumulative to impacts approved
in this Certification and may require a modification of this 401 Water Quality Certification
approval.
Citation: 15A NCAC 02H .0506; 15A NCAC 02H .0507(c)
4. If this Water Quality Certification is used to access residential, commercial, or industrial building
sites, then all parcels owned by the Permittee that are part of the single and complete project
authorized by this Certification must be buildable without additional impacts to streams or
wetlands.
Citation: 15A NCAC 02H .0502(c),15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
5. For road construction purposes, this Certification shall only be utilized from natural high ground to
natural high ground.
Citation: 15A NCAC 02H .0502(c),15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
6. Deed notifications or similar mechanisms shall be placed on all lots/parcels with retained
jurisdictional wetlands, waters, and state regulated riparian buffers within the project boundaries
in order to assure compliance with NC Water Quality Certification Rules (15A NCAC 02H .0500)
and/or State Regulated Riparian Buffer Rules (15A NCAC 02B .0200). These mechanisms shall be
put in place at the time of recording of the property or individual parcels, whichever is
appropriate.
Citation: 15A NCAC 02H .0502(c);15A NCAC 02H .0506(b); 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)
The permittee shall report to the DWR Winston-Salem 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.
North Carolina Department of Environmental Quality I Division of Water Resources
E Q�� Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Winston-Salem, North Carolina 27105
NORTHCAROLINA - 336.776.9800
oepanmem or Eemmemeemi aeei� /`�
Samet Burnt Poplar Road
DWR #20240191
Individual Certification #WQC006843
Page 6 of 10
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
9. 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)
10. 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 04B .0124, Design Standards in Sensitive Watersheds.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCACO2B .0200; 15A NCAC 02B
.0231
11. 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
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 02B .0200; 15A NCAC 02B
.0231
North Carolina Department of Environmental Quality I Division of Water Resources
D E Q�� Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Winston-Salem, North Carolina 27105
NORTH CAROLINA -
oeparrmemorea.noomemaiaaar� 336.776.9800
Samet Burnt Poplar Road
DWR #20240191
Individual Certification #WQC006843
Page 7 of 10
12. 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)
13. If the project is covered by NPDES Construction Stormwater Permit Number NCG010000 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 02B .0200; 15A NCAC 02B
.0231
14. 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 02B .0200
15. 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,
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
North Carolina Department of Environmental Quality I Division of Water Resources
D E Q�� Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Winston-Salem, North Carolina 27105
NORTH CAROLINA -
oeparrmemorea.noomemaiaaar� 336.776.9800
Samet Burnt Poplar Road
DWR #20240191
Individual Certification #WQC006843
Page 8 of 10
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)
16. 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
17. 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 02B .0200, 15A NCAC 02B .0231
18. 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.
19. 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
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.
North Carolina Department of Environmental Quality I Division of Water Resources
D E Q�� Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Winston-Salem, North Carolina 27105
NORTH CAROLINA -
oeparrmemorea.noomemaiaaar� 336.776.9800
Samet Burnt Poplar Road
DWR #20240191
Individual Certification #WQC006843
Page 9 of 10
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
20. 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)
21. 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
22. 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
23. 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
24. 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)
25. 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.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
26. 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
North Carolina Department of Environmental Quality I Division of Water Resources
D E Q�� Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Winston-Salem, North Carolina 27105
NORTH CAROLINA -
oeparrmemorea.noomemaiaaar� 336.776.9800
Samet Burnt Poplar Road
DWR #20240191
Individual Certification #WQC006843
Page 10 of 10
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 Section 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 10th day of May 2024
DocuSigned by:
OD2D3CE3F187456...
Jennifer F. Graznak
Assistant Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ— WSRO
North Carolina Department of Environmental Quality I Division of Water Resources
D E Q Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Winston-Salem, North Carolina 27105
NORTH CAROLINA 336.776.9800
Depa"mem of Environmental Duality
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHAM E. ROGERS, JR.
Director
101 Chimney Rock, LLC
Attn: Brian Hall
5942 Tarleton Drive
Oak Ridge, NC 27310
NORTH CAROLINA
Environmental Quality
May 10, 2024
Delivered via email to: bhall@sametcorp.com
Subject: CERTIFICATE OF COVERAGE
GENERAL PERMIT IWGP100000
Samet Burnt Poplar Road
Dear Mr. Hall:
DWR #20240191
Guilford County
You have our approval for the impacts listed below for the purpose described in your application
received by the Division of Water Resources (Division) February 7, 2024 and subsequent information on
April 8, 2024. These impacts are covered by the attached Isolated Wetlands and Waters General Permit
Number IWGP100000. This Certificate of Coverage 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/or Stormwater regulations.
The following proposed impacts are hereby approved, provided that all of the Conditions are met, and
the project remains in compliance with 15A NCAC 02H .1300 et seq. No other impacts are approved,
including incidental impacts [15A NCAC 02H .1305].
Type of Impact
Amount Approved
(units) Permanent
Amount Approved
(units) Temporary
Mitigation
Required
Isolated Intermittent Streams
S3 / Stream SC — Fill
184.75 linear feet
0 linear feet
0 credits
Totals:
184.75 linear feet
0 linear feet
0 credits
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 Certificate of Coverage. 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 Certificate of
Coverage and is responsible for complying with all conditions [15A NCAC 02H .1304(d)(2)].
D E Q ,�/ North Carolina Department of Environmental Quality I Division of Water Resources
v 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORTH CAROLINA � 919.707.9000
oepMem of Envlmnmenml aeel�
Samet Burnt Poplar Road
DWR #20240191
IWGP100000 Certificate of Coverage
Page 2 of 3
If you are unable to comply with any of the conditions of the attached General Permit or with the
additional conditions itemized below, you must notify the Winston-Salem 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 Winston-Salem Regional Office any noncompliance with, and/or any
violation of, stream or wetland standards [15A NCAC 0213.0200], 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 Certificate of Coverage 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 maybe accessed at http://www.ncoah.corrl, or by calling the OAH Clerk's Office at (919) 431-3000.
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 Certificate of Coverage neither grants nor affirms any property right, license, or privilege in any lands
or waters, or any right of use in any waters. This Certificate of Coverage does not authorize any person to
interfere with the riparian rights, littoral rights, or water use rights of any other person, nor does it create
any prescriptive right or any right of priority regarding any usage of water. This Certificate of Coverage
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 Certificate of Coverage to
possess any prescriptive or other right of priority with respect to any other consumptive user.
This Certificate of Coverage shall expire when the corresponding General Permit IWGP100000 expires.
D E Q��J North Carolina Department of Environmental Quality I Division of Water Resources
Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Winston-Salem, North Carolina 27105
NoarHCAROLINA 336.776.9800
Department or eartruomentai Quality
Samet Burnt Poplar Road
DWR #20240191
IWGP100000 Certificate of Coverage
Page 3 of 3
This letter completes the Division's review under 15A NCAC 02H .1300. Please contact Seren Homer at
336-776-9698 or seren.homer@deg.nc.gov if you have any questions or concerns.
Sincerely,
DocuSigned by:
OD2D3CE3F187456...
Jennifer F. Graznak
Assistant Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ— WSRO
Enclosures: IWGP100000
Electronic cc: Troy Shelton, Dewberry Engineers, Inc.
Dylan Irby, Dewberry Engineers, Inc.
Laura Meyer, USACE Raleigh Regulatory Field Office
Olivia Munzer, NC Wildlife Resources Commission
Johnnie Hill, City of Greensboro Water Resources Department
DWR 401 & Buffer Permitting Branch Electronic File
North Carolina Department of Environmental Quality I Division of Water Resources
Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Winston-Salem, North Carolina 27105
NORTH CAROLINA 336.776.9800
Depa"mem of Enelmnmenml Desl�
DocuSign Envelope ID: A705BEDB-DAC4-4DDF-90F2-5328F9766EF9
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF WATER RESOURCES
STATE GENERAL PERMIT FOR IMPACTS TO ISOLATED WETLANDS AND ISOLATED WATERS
PERMIT NUMBER: IWGP100000
FOR PROJECTS IMPACTING LESS THAN OR EQUAL TO ONE (1) ACRE OF ISOLATED
WETLANDS OR ISOLATED OPEN WATERS AND/OR LESS THAN OR EQUAL TO THREE
HUNDRED (300) FEET OF ISOLATED STREAMS
In accordance with the provision of Article 21 of Chapter 143, General Statutes of North
Carolina as amended, and other lawful standards and regulations, including 15A NCAC 02H
.1300, as amended by Session Law 2015-286, and 15A NCAC 02B .0200, promulgated and
adopted by the North Carolina Environmental Management Commission, permission is hereby
granted to all owners or operators of activities which impact isolated wetlands and isolated
surface waters in accordance with the conditions set forth in this General Permit.
This General Permit is issued in conformity with the requirements of North Carolina Regulations
in 15A NCAC 02H .1300 as amended by Session Law 2015-286 for the discharge of fill material
to isolated wetlands and isolated surface waters of the State of North Carolina.
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.
This General Permit shall become effective on July 15, 2022.
This General Permit shall expire on July 15, 2027 or unless otherwise rescinded after public
notice or until deemed appropriate by the Director of the NC Division of Water Resources.
Signed this day: July 15, 2022
By
�nnDo'c�u,Siigsne'd by:
VvLt rJ9l
t�rl
D7CE45A2257S4E9...
for Richard E. Rogers, Jr.
Director
DocuSign Envelope ID: A705BEDB-DAC4-4DDF-90F2-5328F9766EF9
IWGP100000
Pursuant to Session Law 2015-286, this Permit shall apply only to isolated wetlands as defined
in 15A NCAC 02H .1301 that are Basin Wetlands and Bogs and no other wetland types as
described in the North Carolina Wetland Assessment User Manual prepared by the North
Carolina Wetland Functional Assessment Team, version 4.1 October 2010.
Pursuant to 15A NCAC 02H .1305 as amended by Session Law 2015-286 impacts less than or
equal to one (1) acre of isolated wetlands for the entire project in the coastal region, less than
or equal to one-half (1/2) acre of isolated wetlands for the entire project in the piedmont
region, or less than or equal to one-third (1/3) acre of isolated in the mountain region for the
entire project are deemed to be permitted as long as they comply with 15A NCAC 02H .1305.
The Coastal, Piedmont and Mountain Regions are depicted in Attachment A.
For streams that are isolated surface waters as defined in 15A NCAC 02H .1301, this Permit shall
only apply to intermittent and perennial streams as determined by the most current version of
the DWR Surface Water Identification Manual.
Activities meeting any one (1) of the following thresholds or circumstances require written
approval from the Division of Water Resources (DWR):
a) If any of the conditions of this Permit (listed below) cannot be met; or
b) Any impacts to isolated streams from excavation or dredging other than excavation or
dredging that is conducted as preparation for installing temporary or permanent fill or
structures; or
c) Any isolated stream relocation or stream restoration other than stream relocations that
are conducted for the purpose of proper culvert installation, alignment, protection,
repair or maintenance where the relocation length is equal to or less than 50 feet in
length and the relocated stream is designed and installed based on current natural
channel techniques; or
d) Total temporary and permanent impacts to isolated streams for the entire project
greater than 150 linear feet; or
e) Total temporary and permanent impacts to isolated wetlands or isolated open waters
equal to or greater than one (1) acre for the entire project in the Coastal Region;
f) Total temporary and permanent impacts to isolated wetlands or isolated open waters
equal to or greater than one-half (1/2) acre for the entire project in the Piedmont
Region; or
g) Total temporary and permanent impacts to isolated wetlands or isolated open waters
equal to or greater than one-third (1/3) acre for the entire project in the Mountain
Region; or
h) Any high -density project, as defined in 15A NCAC 02H .1003(2)(a) and by the density
thresholds specified in 15A NCAC 02H .1017, which;
i. Disturbs one acre or more of land (including a project that disturbs less than one
acre of land that is part of a larger common plan of development or sale); and
ii. Has permanent isolated wetland, isolated stream or isolated open water
impacts; and
iii. Is proposing new built -upon area; and
Page 2 of 15
DocuSign Envelope ID: A705BEDB-DAC4-4DDF-90F2-5328F9766EF9
IWGP100000
iv. Does not have a stormwater management plan reviewed and approved under a
state stormwater program' or a state -approved local government stormwater
program2.
Projects that have vested rights, exemptions, or grandfathering from state or locally -
implemented stormwater programs and projects that satisfy state or locally -
implemented stormwater programs through use of community in -lieu programs require
written approval;
i) Any impacts to isolated subject water bodies and/or state regulated riparian buffers
along isolated subject water bodies in the Neuse, Tar -Pamlico, or Catawba River Basins
or in the Randleman Lake, Jordan Lake or Goose Creek Watersheds (or any other basin
or watershed with State Regulated Riparian Area Protection Rules [Buffer Rules] in
effect at the time of application) unless:
i. The activities are listed as "EXEMPT" or "DEEMED ALLOWABLE" from these
rules; or
ii. A Buffer Authorization Certificate is issued by the NC Division of Coastal
Management (DCM); or
iii. A Buffer Authorization Certificate, Certificate with Exception, or a Minor
Variance is issued by a delegated or designated local government implementing
a state riparian buffer program pursuant to 143-215.23.
Activities included in this General Permit that do not meet one of the thresholds listed above
do not require written approval from the DWR.
In accordance with 15A NCAC 02H .1303(f), the Director of the North Carolina Division of Water
Resources may require submission of a formal application for an Individual Permit for any
project if it is deemed in the public's best interest or determined that the project is likely to
have a significant adverse effect upon water quality, including state or federally listed
endangered or threatened aquatic species, or will degrade the waters so that existing uses of
the waters or downstream waters are precluded.
GENERAL CONDITIONS:
1. In accordance with 15A NCAC 02H .1305(c) & (d) as amended by Session Law 2015-286 and
in accordance with Session Law 2017-10, compensatory mitigation may be required for
losses greater than 300 linear feet of isolated perennial streams and/or greater than one (1)
acre of isolated wetland impacts in the Coastal Region, one-half (1/2) acre of isolated
impacts in the Piedmont Region, and one-third (1/3) acre of isolated wetland impacts in the
Mountain Region. Impacts associated with the removal of a dam shall not require
mitigation when the removal complies with the requirements of Part 3 of Article 21 in
Chapter 143 of the North Carolina General Statutes. Impacts to isolated wetlands shall not
be combined with 404 jurisdictional wetlands for the purpose of determining when impact
' e.g. Coastal Counties, HQW, ORW, or state -implemented Phase II NPDES
2 e.g. Delegated Phase II NPDES, Water Supply Watershed, Nutrient -Sensitive Waters, or Universal Stormwater
Management Program
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thresholds trigger a mitigation requirement. Pursuant to Session Law 2015-286, mitigation
requirements for impacts to isolated wetlands shall only apply to the amount of impact that
exceeds the thresholds set out in this Condition. For linear publicly owned and maintained
transportation projects that are not determined to be part of a larger common plan of
development by the US Army Corps of Engineers, compensatory mitigation may be required
for losses of greater than 300 linear feet per perennial stream. Citation: 15A NCAC 02H
.1305(c)(6)
Compensatory stream and/or wetland mitigation shall be proposed and completed in
compliance with G.S. 143-214.11. For applicants proposing to conduct mitigation within a
project site, a complete mitigation proposal developed in accordance with the most recent
guidance issued by the US Army Corps of Engineers Wilmington District shall be submitted
for review and approval with the application for impacts.
2. The plans and specifications for the project are incorporated into the Certificate of
Coverage by reference and are an enforceable part of the Permit. Any modifications to the
project requires notification to DWR and may require submittal of an application for a
modification to DWR with the appropriate fee. Citation: 15A NCAC 02H .1301; 15A NCAC
02H .1302
3. If this General Permit is used to access residential, commercial or industrial building sites,
then all parcels owned by the permittee that are part of the single and complete project
authorized by this General Permit must be buildable without additional impacts to streams or
wetlands. Citation: 15A NCAC 02H .1302(a); 15A NCAC 02H .1305(b); 15A NCAC 02H .1304(c)
4. For road construction purposes, this General Permit shall only be utilized from natural high
ground to natural high ground. Citation: 15A NCAC 02H .1302(a); 15A NCAC 02H .1305(b); 15A
NCAC 02H .1304(c)
5. Deed notifications or similar mechanisms shall be placed on all lots/parcels with retained
wetlands, waters, and state regulated riparian buffers within the project boundaries in order
to assure compliance with NC Water Quality Certification Rules (15A NCAC 02H .0500), NC
Isolated Wetland Rules (15A NCAC 02H .1300), Federally Non -Jurisdictional Wetland Rules
(15A NCAC 02H .1400) and/or State Regulated Riparian Buffer Rules (15A NCAC 02B .0200).
These mechanisms shall be put in place at the time of recording of the property or individual
parcels, whichever is appropriate. Citation: 15A NCAC 02H .1302(a); 15A NCAC 02H .1305(b);
15A NCAC 02H .1304(c)
6. For all dam removal projects meeting the definition under G.S. 143-215.25 and requirements
under G.S. 143-215.27 of a professionally supervised dam removal, the applicant shall provide
documentation that any sediment that may be released has similar or lower level of
contamination than sediment sampled from downstream of the dam in accordance with
Session Law 2017-145. Citation: 15A NCAC 02H .1302; 15A NCAC 02H .1305(b); 15A NCAC
02H .1304(c); 15A NCAC 0213.0200; S.L. 2017-145;
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IWGP100000
7. If this General Permit is used for utility related impacts, then the following Conditions shall
apply to those impacts.
a. All sewer lines shall be designed, constructed and maintained in accordance with Title 15A
NCAC Chapter 02T, applicable Minimum Design Criteria (MDC), and/or Alternative Design
Criteria. Citation: 15A NCAC 02H .1305(b); 15A NCAC 02H .1304(c)
b. Any utility construction corridor that is parallel to a stream or open water shall not be
closer than 10 feet to the top of bank or ordinary high-water mark. Citation: 15A NCAC
02H .1305(b); 15A NCAC 02H .1304(c)
c. Where there are temporary or permanent impacts from stream crossings, utility lines shall
cross the stream channel at a perpendicular angle (i.e., intersect the surface water at an
angle between 75 degrees and 105 degrees). Citation: 15A NCAC 02H .1305(b); 15A
NCAC 02H .1304(c)
d. Construction corridors in wetlands and/or across stream channels shall be minimized to
the maximum extent practicable and shall not exceed 50 feet wide for oil and gas utility
lines and 40 feet wide for all other utility lines.
For construction corridors in wetlands and across stream channels, stumps shall be
grubbed only as needed to install the utility and remaining stumps shall be cut off at
grade level. The general stripping of topsoil within wetlands along the construction
corridor is prohibited. Citation: 15A NCAC 02H .1305(b); 15A NCAC 02H .1304(c)
e. Permanent maintained access corridors in wetlands and across stream channels shall be
restricted to the minimum width practicable and shall not exceed 30 feet wide except at
manhole locations. Citation: 15A NCAC 02H .1305(b); 15A NCAC 02H .1304(c)
f. For all utility lines constructed within wetlands, an anti -seep collar shall be placed at the
downstream (utility line gradient) wetland boundary and every 150 feet up the gradient
until the utility exits the wetland. Anti -seep collars may be constructed with class B
concrete, compacted clay, PVC pipe, or metal collars. Wetland crossings that are
directionally drilled, and perpendicular wetland crossings that are open cut and less than
150 feet long do not require anti -seep collars. The compacted clay shall have a specific
infiltration of 1 X 10-5 cm/sec or less. Citation: 15A NCAC 02H .1305(b); 15A NCAC 02H
.1304(c)
The following specifications shall apply to class B concrete:
i. Minimum cement content, sacks per cubic yard with rounded coarse aggregate 5.0
ii. Minimum cement content, sacks per cubic yard with angular coarse aggregate 5.5
iii. Maximum water -cement ratio gallons per sack 6.8
iv. Slump range 2" to 4"
v. Minimum strength - 28-day psi 2,500
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DocuSign Envelope ID: A705BEDB-DAC4-4DDF-90F2-5328F9766EF9
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g. The permittee shall have a specific plan for restoring wetland contours to pre -construction
conditions. Any excess material shall be removed to a high ground disposal area.
The mixing of topsoil and subsoils within the wetlands along utility corridors shall be
minimized to the greatest extent practical. During excavation, the soils shall be placed
on fabric to minimize impacts whenever possible. Topsoil excavated from utility
trenches must be piled separately from subsoils and shall be backfilled into the trench
only after the subsoils have been placed and compacted. Citation: 15A NCAC 02H
.1305(b); 15A NCAC 02H .1304(c)
8. The permittee shall report to the appropriate DWR 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. Citation: 15A NCAC 02H
.1305(b); 15A NCAC 02H .1304(c)
9. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the
footprint of the impacts (including temporary impacts) established in a Certificate of Coverage
for use of this General Permit. Citation: 15A NCAC 02H .1305; 15A NCAC 02H .1304(c)
10. 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
.1305(b); 15A NCAC 02H .1304(c)
11. 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.
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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 04B .0124, Design Standards in Sensitive Watersheds. Citation: 15A NCAC 02H
.1305(b)(2); 15A NCAC 02H .1304(c); 15A NCAC 0213.0200; 15A NCAC 02B .0231
12. 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 released the specific area within the project to ensure wetland standards are
maintained upon completion of the project. Citation: 15A NCAC 02H .1305(b); 15A NCAC 02H
1304(c); 15A NCAC 0213.0200; 15A NCAC 02B .0231
13. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used
along streambanks or within wetlands. Citation: 15A NCAC 02H .1305(b); 15A NCAC 02H
.1304(c)
14. 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. The North Carolina
Department of Transportation (NCDOT) shall be required to be in full compliance with the
conditions related to construction activities within the most recent version of their Individual
NPDES Stormwater Permit Number NCS000250. Citation: 15A NCAC 02H .1305(b); 15A NCAC
02H .1304(c); 15A NCAC 0213.0200; 15A NCAC 02B .0231
15. 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 .1305(b); 15A NCAC 02H .1304(c); 15A NCAC 02B
.0200
16. If activities must occur during periods of high biological activity (e.g. sea turtle nesting, fish
spawning, or bird nesting), then biological monitoring may be required at the request of other
state or federal agencies and coordinated with these activities.
All moratoriums on construction activities established by the NC Wildlife Resources
Commission (WRC), US Fish and Wildlife Service (USFWS), NC Division of Marine Fisheries
(DMF), or National Marine Fisheries Service (NMFS) shall be implemented. Exceptions to
this condition require written approval by the resource agency responsible for the given
moratorium.
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Work within a designated trout watershed of North Carolina (as identified by the
Wilmington District of the US Army Corps of Engineers,) or identified state or federal
endangered or threatened species habitat, shall be coordinated with the appropriate WRC,
USFWS, NMFS, and/or DMF personnel. Citation: 15A NCAC 02H .1305(b); 15A NCAC 02H
.1304(c); 15A NCAC 04B .0125
17. In -stream structures installed to mimic natural channel geomorphology such as cross -vanes,
sills, step -pool structures, etc. shall be designed and installed in such a manner that allow for
continued aquatic life movement. Citation: 15A NCAC 02H .1305(b); 15A NCAC 02H .1304(c)
18. 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
for 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 in area where topographic constraints
dictate culvert slopes will be 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, 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
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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 .1305(b); 15A NCAC 02H .1304(c)
19. Bridge deck drains shall not discharge directly into the stream. Stormwater shall be directed
across the bridge and pre-treated through site -appropriate means to the maximum extent
practicable (e.g. grassed swales, pre -formed scour holes, vegetated buffers, etc.) before
entering the stream. Citation: 15A NCAC 02H .1305(b); 15A NCAC 02H .1304(c)
20. 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 .1305(b); 15A NCAC 02H .1304(c); 15A NCAC 0213.0231; 15A NCAC 02B .0211
21. 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 .1305(b); 15A NCAC 02H .1304(c); 15A NCAC 02B .0200
22. 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 .1305(b); 15A NCAC 02H .1304(c)
23. All proposed and approved temporary pipes/culverts/rip-rap pads etc. in streams shall be
installed as outlined in the most recent edition of the North Carolina Sediment and 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. Citation:
15A NCAC 02H .1305(b); 15A NCAC 02H .1304(c)
24. 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 .1305(b); 15A NCAC 02H .1304(c)
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25. 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 .1305(b); 15A NCAC 02H
.1304(c); 15A NCAC 02B .0201
26. Rip -rap groins proposed in accordance with 15A NCAC 07H .1401 (NC Division of Coastal
Management General Permit for construction of Groins in Estuarine and Public Trust Waters
and Ocean Hazard Areas) shall meet all the specific conditions for design and construction
specified in 15A NCAC 07H .1405. Citation: 15A NCAC 02H .1304(c); 15A NCAC 07H .1400 et
seq.
27. 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
.1305(b); 15A NCAC 02H .1304(c); 15A NCAC 02B .0200
28. 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 .1305(b); 15A
NCAC 02H .1304(c); 15A NCAC 02B .0231
29. In accordance with G. S. 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 .1304(c); N.C.G.S 143-215.85(b)
30. 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. Citation: 15A NCAC 02H .1305(b); 15A NCAC 02H .1304(c)
31. The permittee shall require its contractors and/or agents to comply with the terms and
conditions of this permit 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 General Permit. A copy of this General Permit
shall be available at the project site during the construction and maintenance of this project.
Citation: 15A NCAC 02H .1305(b); 15A NCAC 02H .1304(c)
32. This General Permit grants permission to the Director, an authorized representative of the
Director, or DWR staff, upon the presentation of proper credentials, to enter the property
during normal business hours. Citation: G.S. 143-215.3(a)(2)
Page 10 of 15
DocuSign Envelope ID: A705BEDB-DAC4-4DDF-90F2-5328F9766EF9
IWGPl OOOOO
History Note: This Isolated Wetlands General Permit (IWGP100000) issued July 15, 2022
replaces IWGP100000 issued December 1, 2017; March 3, 2017; March 2, 2016; March 12,
2012; October 31, 2008; and October 3, 2003.
Page 11 of 15
DocuSign Envelope ID: A705BEDB-DAC4-4DDF-90F2-5328F9766EF9
IWGP100000
Attachment A
The Coastal Region, Piedmont Region and Mountain Region shall be as follows:
"Coastal Region" includes Beaufort, Bertie, Bladen, Brunswick, Camden, Carteret,
Chowan, Columbus, Craven, Cumberland, Currituck, Dare, Duplin, Edgecombe, Gates,
Greene, Halifax, Harnett, Hertford, Hoke, Hyde, Johnston, Jones, Lee, Lenoir, Martin,
Moore, Nash, New Hanover, Northampton, Onslow, Pamlico, Pasquotank, Pender,
Perquimans, Pitt, Richmond, Robeson, Sampson, Scotland, Tyrrell, Washington, Wayne,
and Wilson Counties.
"Piedmont Region" includes Alamance, Alexander, Anson, Burke, Cabarrus, Caldwell,
Caswell, Catawba, Chatham, Cleveland, Davidson, Davie, Durham, Forsyth, Franklin,
Gaston, Granville, Guilford, Iredell, Lincoln, Mecklenburg, Montgomery, Orange, Person,
Polk, Randolph, Rockingham, Rowan, Rutherford, Stanly, Stokes, Surry, Union, Vance,
Wake, Warren, Wilkes, and Yadkin Counties.
"Mountain Region" includes Alleghany, Ashe, Avery, Buncombe, Cherokee, Clay,
Graham, Haywood, Henderson, Jackson, Macon, Madison, McDowell, Mitchell, Swain,
Transylvania, Watauga and Yancey Counties.
When a landowner believes their property is not in the correct region for purposes of regulating
impacts to isolated wetlands under Title 15A NCAC 02H .1305(d)(2), they may have a soil
scientist conduct a site -specific evaluation to determine the soil series. The soil scientist shall
be an individual who is currently licensed or authorized to practice soil science under G.S. 89F
by the North Carolina Board for Licensing of Soil Scientists. The landowner shall submit the soil
report to the Division of Water Resources. Soil series that occur in North Carolina have been
categorized by the Natural Resources Conservation Service of the US Department of Agriculture
as follows:
Page 12 of 15
DocuSign Envelope ID: A705BEDB-DAC4-4DDF-90F2-5328F9766EF9
IWGP100000
Attachment A
Mountains
Alarka
Chandler
Cullowhee
Hayesville
Maymead
Saluda
Thurmont
Anakeesta
Cheoah
Dellwood
Heintooga
Micaville
Santeetlah
Toccoa
Arkaqua
Chester
Dillard
Hemphill
Nantahala
Saunook
Toecane
Ashe
Chestnut
Dillsboro
Hiwassee
Nikwasi
Sauratown
Toxaway
Balsam
Chestoa
Ditney
Horsetrough
Northcove
Shinbone
Transylvania
Bandana
Chiltoskie
Edneytown
Huntdale
Nowhere
Skyuka
Trimont
Biltmore
Cleveland
Edneyville
lotla
Oconaluftee
Smokemont
Tsali
Braddock
Cliffield
Ela
Jeffrey
Ostin
Snowbird
Tuckasegee
Bradson
Clifford
Ellijay
Junaluska
Oteen
Soco
Tusquitee
Brasstown
Clifton
Elsinboro
Kanuga
Peaks
Spivey
Unaka
Breakneck
Clingman
Evard
Keener
Pigeonroost
Statler
Unicoi
Brevard
Codorus
Fannin
Kinkora
Pineola
Stecoah
Unison
Brownwood
Colvard
Farner
Lauada
Pinnacle
Suches
Walnut
Buladean
Comus
Fontaflora
Leatherwood
Plott
Swannanoa
Watauga
Burton
Cowee
French
Longhope
Porters
Sylco
Wayah
Cades
Craggey
Greenlee
Lonon
Pullback
Sylva
Wesser
Calvin
Crossnore
Guyot
Lostcove
Rabun
Tanasee
Whiteoak
Cashiers
Cruso
Harmiller
Luftee
Reddies
Tate
Whiteside
Cataloochee
Cullasaja
Hatboro
Mars Hill
Rosman
Thunder
Zillicoa
Cataska
Page 13 of 15
DocuSign Envelope ID: A705BEDB-DAC4-4DDF-90F2-5328F9766EF9
IWGP100000
Attachment A
Piedmont
Alamance
Cecil
Exway
Leaksville
Nathalie
Riverview
Turbeville
Altavista
Chewacla
Fairview
Lignum
Oak Level
Ronda
Tussahaw
Appling
Cid
Georgeville
Lloyd
Oakboro
Rowan
Uwharrie
Appomattox
Claycreek
Goldston
Louisa
Orange
Saw
Vance
Armenia
Cliffside
Granville
Louisburg
Ostin
Secrest
Wadesboro
Ashlar
Clover
Green Level
Madison
Pacolet
Sedgefield
Wake
Augusta
Colfax
Grover
Mandale
Pactolus
Siloam
Warne
Ayersville
Congaree
Gwinnett
Masada
Peakin
Skyuka
Wate
Badin
Coronaca
Halifax
Mattaponi
Peawick
Spartanburg
Wateree
Banister
Creedmoor
Hallison
Mayodan
Penhook
Spray
Wedowee
Bannertown
Cullen
Haw River
McQueen
Pfafftown
Spriggs
Wehadkee
Belews Lake
Dan River
Helena
Meadowfield
Picture
Starr
Westfield
Bentley
Danripple
Herndon
Mecklenburg
Pilot Mountain
Stoneville
White Store
Bethera
Davidson
Hibriten
Merry Oaks
Pinkston
Stott Knob
Wickham
Bethlehem
Davie
Hiwassee
Misenheimer
Pinoka
Tarrus
Wilkes
Biscoe
Delila
Hornsboro
Mocksville
Pittsboro
Tatum
Winnsboro
Brickhaven
Devotion
Hulett
Monacan
Poindexter
Tillery
Woolwine
Buncombe
Dorian
Iredell
Moncure
Polkton
Toast
Worsham
Callison
Durham
Jackland
Montonia
Poplar Forest
Toccoa
Wynott
Carbonton
Elbert
Kinkora
Mooshaunee
Rasalo
Tomlin
Yadkin
Cartecay
Enon
Kirksey
Nanford
Rhodhiss
Totier
Zion
Casville
Enott
Lackstown
Nason
Rion
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DocuSign Envelope ID: A705BEDB-DAC4-4DDF-90F2-5328F9766EF9
IWGP100000
Attachment A
Coastal
Acredale
Butters
Dogue
Hydeland
McColl
Paxville
Tarboro
Ailey
Byars
Dorovan
Icaria
Meggett
Pea kin
Tetotum
Alaga
Cainhoy
Dothan
Invershiel
Mooshaunee
Pelion
Thursa
Alpin
Candor
Dragston
Johns
Muckalee
Pender
Toisnot
Arapahoe
Cape Fear
Duckston
Johnston
Munden
Perquimans
Tomahawk
Argent
Cape
Lookout
Dunbar
Kalmia
Murville
Pettigrew
Tomotley
Augusta
Caroline
Duplin
Kenansville
Myatt
Plummer
Torhunta
Autryville
Carteret
Echaw
Kinston
Nahunta
Pocalla
Troup
Aycock
Centenary
Emporia
Kureb
Nakina
Polawana
Uchee
Backbay
Chapanoke
Engelhard
Lakeland
Nankin
Ponzer
Valhalla
Ballahack
Charleston
Exum
Leaf
Nawney
Portsmouth
Varina
Barclay
Chastain
Faceville
Lenoir
Neeses
Pungo
Vaucluse
Bayboro
Chenneby
Foreston
Leon
Newhan
Rains
Wagram
Baymeade
Chesapeake
Fork
Liddell
Newholland
Rimini
Wahee
Belhaven
Chipley
Fortescue
Lillington
Nimmo
Roanoke
Wakulla
Bertie
Chowan
Fripp
Longshoal
Nixonton
Roper
Wando
Bethera
Conaby
Fuquay
Lucy
Noboco
Rumford
Wasda
Bibb
Conetoe
Gertie
Lumbee
Norfolk
Rutlege
Weeksville
Bladen
Corolla
Gilead
Lynchburg
Ocilla
Scuppernong
Wilbanks
Blaney
Cowarts
Goldsboro
Lynn Haven
Onslow
Seabrook
Winton
Blanton
Coxville
Grantham
Mandarin
Orangeburg
Seagate
Woodington
Bohicket
Craven
Grifton
Mantachie
Osier
Shellbluff
Wrightsboro
Bojac
Croatan
Gritney
Marlboro
Ousley
Stallings
Wysocking
Bolling
Currituck
Gullrock
Marvyn
Pactolus
State
Yaupon
Bonneau
Dare
Hobonny
Masontown
Pamlico
Stockade
Yeopim
Bragg
Deloss
Hobucken
Maxton
Pantego
Suffolk
Yonges
Brookman
Delway
Hyde
Mayodan
Pasquotank
Page 15 of 15