20170204 Ver 3_Approval Letter_20170323

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Water Resources
Environmental Quality
March 23, 2017
Andale Inc. FKA
Attn: Jay S. Park
1601 Willow
Menlo Park, CA 94025
ROY COOPER
GovC uP
MICHAEL S. REGAN
S'enntary
S. JAY ZIMMERMAN
Da,,w
DWR # 17-0204-V3
Rutherford County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH
ADDITIONAL CONDITIONS
Project Bluebird FRC
Dear Mr. Park:
You have our approval for the impacts listed below for the purpose described in your application
dated February 14, 2017 and received by the Division of Water Resources (Division) on
February 17, 2017. These impacts are covered by the attached Water Quality General
Certification Number 4092 and the additional conditions listed below. This certification is
associated with the use of Nationwide Permit Number 39 once it is issued to you by the U.S.
Army Corps of Engineers. Please note that you should get any other federal, state or local
permits before proceeding with your project, including those required by (but not limited to)
Sediment and Erosion Control, Non -Discharge, Water Supply Watershed, and Trout Buffer
regulations.
This approval requires you to follow the conditions listed in the enclosed certification(s) or
general permit and the following additional conditions:
1. The following impacts are hereby approved provided that all of the other specific and
general conditions of the Certification are met. No other impacts are approved, including
incidental impacts. [I 5A NCAC 02H .0506(b) and/or (c)]
Stato afNoau Carolina I Envlmnmentnl Quality I WWIR.0.1111
2090 U.S. Ha how., 70, Swnnnanoa, Nonh C.1h. 28778
828-296-0500

Project Bluebird FRC
DWR# 17-0204-V3
401 Approval
Page 2 of 4
Type of Impact
Amount Approved Amount Approved
(units) (units)
Permanent Temporary
Streams
River & Sub -basin
Number
Impact S 1
42 linear feet)
Impact S2
20 linear feet
Impact S3
51 linear feet
Impact S4
24 linear feet
2. 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 the
Certification/Authorization. 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 approval letter and
General Certification(s) and is responsible for complying with all conditions. [I 5A
NCAC 0211.0507(d)(2)]
3. Mitigation must be provided for the proposed impacts as specified in the table below.
The Division has received an acceptance letter from the Division of Mitigation Services
(DMS) to meet this mitigation requirement. Until the DMS receives and clears your
payment, and proof of payment has been provided to this Office, no impacts specified in
this Authorization Certificate shall occur. For accounting purposes, this Authorization
Certificate authorizes payment to the DMS to meet the following compensatory
mitigation requirement [I 5A NCAC 02H .0506 (b)(6)]:
4. All mechanized equipment operated near surface waters or wetlands will be regularly
inspected and maintained to prevent contamination of waters and wetlands from fuels,
lubricants, hydraulic fluids or other potential toxic chemicals. In the event of a
hydrocarbon or chemical spill, the permittee/contractor shall immediately contact the
Division of Water Resources, between the hours of 8 and to 5 pm at the Asheville
Regional Office at 828.296.4500 and after hours and on weekends call [phone].
Management of such spills shall comply with provisions of the North Carolina Oil
Pollution and Hazardous Substances Control Act. [15A NCAC 02H .0506 (b)(3) and
(c)(3), 15A NCAC 02B.0211(12), and GS 143 Article 21A]
5. Natural fiber matting is recommended for streambank stabilization over plastic matting
that can entrap small animals. [15A NCAC 02H .0506(b)(2)]
Compensatory
Mitigation Required
River & Sub -basin
Number
Stream
241 (feet)
Broad(03050105)
4. All mechanized equipment operated near surface waters or wetlands will be regularly
inspected and maintained to prevent contamination of waters and wetlands from fuels,
lubricants, hydraulic fluids or other potential toxic chemicals. In the event of a
hydrocarbon or chemical spill, the permittee/contractor shall immediately contact the
Division of Water Resources, between the hours of 8 and to 5 pm at the Asheville
Regional Office at 828.296.4500 and after hours and on weekends call [phone].
Management of such spills shall comply with provisions of the North Carolina Oil
Pollution and Hazardous Substances Control Act. [15A NCAC 02H .0506 (b)(3) and
(c)(3), 15A NCAC 02B.0211(12), and GS 143 Article 21A]
5. Natural fiber matting is recommended for streambank stabilization over plastic matting
that can entrap small animals. [15A NCAC 02H .0506(b)(2)]

Project Bluebird FRC
DWRN 17-0204-V3
401 Approval
Page 3 of4
6. All temporary impacted areas shall be restored to pre -construction natural conditions
upon completion of the project Native vegetation shall be used for stream bank
stabilization. [15A NCAC 02H.0506 (b)(2) and (c)(2)]
The permitee 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 Certification. A copy of this
Certification, including all conditions shall be available at the project site during the
construction and maintenance of this project. [15A NCAC 02H .0507 (c) and 15A
NCAC 02H.0506 (b)(2) and (c)(2)]
8. The proposed project shall follow the recommendations stated in the North Carolina
Wildlife Resources Commission (NCWRC) comment letter dated March 17, 2017
(attached) to the maximum extent practicable. [ 15A NCAC 02H .0506(b)(2)]
This approval and its conditions are final and binding unless contested. [G. S. 143-215.5]
This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by
filing a written petition for an administrative hearing to the Office of Administrative Hearings
(hereby known as OAH) within sixty (60) calendar days.
A petition form may be obtained from the OAH at http://www.iicoah.com/ or by calling the
OAH Clerk's Office at [phone] for information. A petition is considered filed when the
original and one (1) copy along with any applicable OAH filing fee is received in the OAR
during normal office hours (Monday through Friday between 8:OOam and 5:OOpm, excluding
.official state holidays).
The petition may be faxed to the OAH at [phone], provided the original and one copy of
the petition along with any applicable OAH filing fee is received by the OAH within five (5)
business days following the faxed transmission.
Mailing address for the OAH:
If sending via US Postal Service.
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
If sending via delivery service (UPS,
FedEx, etc):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285
One (1)copy of the petition must also be served to DENR:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601

Project Bluebird FRC
DWR# 17-0204-V3
401 Approval
Page 4 of 4
This letter completes the review by the Division under section 401 of the Clean Water Act as
described in 15A NCAC 02H.0500. Please contact Kevin Mitchell at 828-296-4650 or
kevin.mitchellgiricdem.eov if you have any questions or concerns.
Sincerely,
Zan Price, P. , ssistant Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
Enclosures: GC 4092
Certificate of Completion
NCWRC Letter Dated March 17, 2017
cc: John Vilas — McGill Associates, P.A. (via email)
David Brown — USACE Asheville Regulatory Field Office (via email)
Andrea Leslie — NCWRC (via email)
Stan Aiken — Division of Energy, Mineral, and Land Resources (via email)
DWR ARO 401 files
D WR 401 and Buffer Permitting Unit (via email)
G:\ R\WQ\Rutherford\401s\Non-DQ inject Blueb6 FRC\APRVLProPst Bluebad FRC_03.23.2017.docx

® North Carolina Wildlife Resources Commission
Gordon Myers, Executive Director
March 17, 2017
Mr. David Brown
U.S. Army Corps of Engineers, Regulatory Branch
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
SUBJECT: Project Bluebird FRC
UTs to Second Broad River, Rutherford County
Dear Mr. Brown:
Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed an
application to culvert two unnamed tributaries (UTs) to the Second Broad River in Rutherford
County. Our comments on this application are offered for your consideration under provisions
of the Clean Water Act of 1977 (33 U.S.C. 466 et. seq.) and Fish and Wildlife Coordination Act
(48 Stat. 401, as amended; 16 U.S.C. 661-667d).
Project activities should not impact wild trout, and activities do not need to be avoided during the
trout moratorium.
The project will involve the placement of a 51 -ft culvert and riprap protection within 24 It of the
bed on a perennial stream, as well as a 42 -ft culvert and riprap protection within 20 ft of the bed
on an intermittent stream. Work will be performed in the dry and the culverts buried to allow
passage of organisms and stream sediments.
Former impacts at the project site in addition to present project impacts exceed mitigation
thresholds, and 1:1 mitigation is proposed for 148 ft of past and 93 It of present impacts,
resulting in aproposed 241 ft of stream mitigation. Mitigation is only proposed for the culverted
areas of the streams. We argue that riprap placement within the stream bed of 44 It of stream
constitutes negative long-lasting stream impact, and we recommend that this length of impact
also be mitigated, adding 44 ft to the 241 ft of proposed mitigation. In addition, we recommend
that impacts to the intermittent stream, which is rated through the NC Stream Assessment
Method as High, be mitigated with a 2:1 mitigation ratio.
Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] • Fax: [phone]

Project Bluebird FRC Page 2 March 17, 2017
UT 2n" Broad River, Rutherford Cc
We offer the following recommendations to minimize impacts to the aquatic and terrestrial
resources:
1. Work be accomplished as quickly as possible and vigilance used in sediment and erosion
control during site preparation, construction, and clean up. Disturbed areas should be seeded,
mulched and/or matted as soon as possible. We recommend planting a permanent seed mix
of native grasses and wildflowers as well as native trees and shrubs to provide permanent and
natural bank stabilization.
2.. Any erosion control matting used should be free of plastic or nylon mesh, as this type of
mesh netting frequently entangles wildlife and is slow to degrade, resulting in a hazard that
may last for years.
Thank you for the opportunity to review and comment on this project. Please contact me at
[phone] if you have any questions about these comments.
Sincerely,
meq,✓
Andrea Leslie
Mountain Region Coordinator, Habitat Conservation Program
ec: John Vilas, McGill Associates
Kevin Mitchell, NC Division of Water Resources

STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF WATER RESOURCES
WATER QUALITY GENERAL CERTIFICATION NO. 4092
GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR US ARMY CORPS OF ENGINEERS
• NATIONWIDE PERMIT NUMBER IS (MINOR DISCHARGES),
• NATIONWIDE PERMIT NUMBER 29 (RESIDENTIAL DEVELOPMENT),
• NATIONWIDE PERMIT NUMBER 39 (COMMERCIALAND INSTITUTIONAL DEVELOPMENTS),
• NATIONWIDE. PERMIT NUMBER 40 (AGRICULTURAL ACTIVITIES),
•. NATIONWIDE PERMIT NUMBER 41 (RESHAPING EXISTING. DRAINAGE DITCHES),
• NATIONWIDE PERMIT NUMBER 42 (RECREATIONAL FACILITIES),
NATIONWIDE PERMIT NUMBER 44 (MINING ACTIVITIES),
• NATIONWIDE PERMIT NUMBER 46 (DISCHARGES IN DITCHES),
• NATIONWIDE PERMIT NUMBER 51(LAND BASED RENEWABLE ENERGY GENERATION
.
FACIUTIES), AND
• NATIONWIDE PERMIT NUMBER 52 (WATER BASED RENEWABLE ENERGY GENERATION
PILOT PROJECTS).
Water Quality Certification Number 4092 is issued in conformity with the requirements of
Section 401, Public Laws 92.500 and 95-217 of the United States and subject to the North
Carolina Regulations in 15A. NCAC 02H .0500 and 15A.. NCAC 02B .0200 for the discharge of fill
material to surface waters and wetland areas as described in 33 CFR 330 Appendix A (B) (18, 29,
39, 40, 41, 42; 44, 46, 51 and 52) of the US Army Corps of Engineers regulations.
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. -
Effective date: March 19, 2017
Signed this day March 3,, 2017
im
for S. Jay Zimmerman, P.G.
Director

GC4092
Activities meeting any one (1) of the following thresholds or circumstances require written
approval for a 401 Water Quality Certification from the Division of Water Resources (DWR):
a) If any of the conditions of this Certification (listed below) cannot be met; or
b) Any impacts to streams from excavation or dredging; or
c) Total temporary and permanent impacts to streams greater than 150 feet; or
d) Any stream relocation or stream restoration; or
e) Total temporary and permanent impacts to wetlands or open waters equal to or greater
than one-tenth (1/10) acre; or
f) 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 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.; or
g) Any impacts to waters, or to wetlands adjacent to waters, designated as: ORW (including
SAV), HQW (including PNA), SA, WS -I, WS -II, Trout, or North Carolina or National Wild and
Scenic River; or
h) Any impacts to coastal wetlands [15A NCAC 07H .0205], or Unique Wetlands (UWL) [15A
NCAC 02H.0506]; or
i) Any impact associated with a Notice of Violation or an enforcement action for violation(s)
of NC Wetland Rules (15A NCAC 02H .0500), NC Isolated Wetland Rules (15A NCAC 02H
.1300), NC Surface Water or Wetland Standards (15A NCAC 02B .0200), or State
Regulated Riparian Buffer Rules (15A NCAC 02B.0200); or
_- j)- .Any. impactstosubjectwater bodies and/or state regulated riparian buffers along 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" 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 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 Certification that do not meet one of the thresholds listed above
do not require written approval.
'e.g. Coastal Counties, HQW, ORW, or state -implemented Phase II NPDES
'e.g. Delegated Phase II NP DES, Water Supply Watershed, Nutrient -Sensitive Waters, or Universal Stormwater
Management Program
Page 2 of 11

GC4092
I. ACTIVITY SPECIFIC CONDITIONS:
1. If this Water Quality Certification is used to access residential, commercial or industrial
building sites, then all parcels owned by the applicant that are part of the single and
complete project authorized by this Certification must be buildable without additional
impacts to streams or wetlands. If required in writing by DWR, the applicant shall provide
evidence that the parcels are buildable without requiring additional impacts to wetlands,
waters, or state regulated riparian buffers. [15A NCAC 02H .0506(b)(4) and (c)(4)1
2. For road construction purposes, this Certification shall only be utilized from natural high
ground to natural high ground. [15A NCAC 02H .0506(6)(2) and (c)(2)]
3. Deed notifications or similar mechanisms shall be placed on all lots with retained
jurisdictional wetlands, waters, and state regulated riparian buffers within the. project
boundaries in order to assure compliance with NC Wetland Rules (15A NCAC 02H .0500), NC
Isolated Wetland Rules (15A NCAC 02H .1300), 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. [15A NCAC 02H .0506(b)(4) and
(c)(4)]
4. For the North Carolina Department of Transportation, compliance with the NCDOT's
individual NPDES permit NCS000250 shall serve to satisfy this condition. For all other
projects that disturb 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); have permanent
wetland, stream, or open water impacts; and are proposing new built -upon area shall comply
with the following requirements: [15A NCAC 02H .0506(b)(5) and (c)(5))
a,, Stormwater. management shall- be ,pro_videdthroughout the entire project area. in _-
accordance with 15A NCAC 02H .1003. For thepurposes of 15A NCAC 02H .1003(2)(a),
density thresholds shall be determined in accordance with 15A NCAC 02H .1017.
b. Projects that have vested rights, exemptions, or grandfathering from state or locally -
implemented stormwater programs do not satisfy this condition. Projects that satisfy
state or locally -implemented stormwater programs through use of community in -lieu
programs do not satisfy this condition.
c. Projects that require written authorization from DWR shall .submit the following with
their application for review and approval:
i. For projects that have a stormwater management plan (SMP) reviewed under a state
stormwater programs or a state -approved local government stormwater program'
shall submit plans that show the location and approximate size of all proposed
stormwater measures;
i e.g. Coastal Counties, HC W, ORW, or state -implemented Phase II NPDES
' e.g. Delegated Phase II NPDES, Water Supply Watershed, Nutrient -Sensitive Waters, or Universal Stormwater
Management Program
Page 3 of 11

GC4092
ii. All other low density projects not covered above shall submit a completed low
density supplement form with all required items; and
iii. All other high density projects not covered above shall submit a completed SMP,
including all appropriate stormwater control measure (SCM) supplemental forms and
associated items, that complies with the high density development requirements of
15A NCAC 02H .1003.
d. Projects that do not require written approval from DWR shall obtain approval of the SMP,
when required, before any impacts authorized by this Certification occur.
e, SMPs approved by DWR may be phased on a case-by-case basis. SMPs for each future
phase must be approved before construction of that phase commences. Approved SMPs
may not be modified without prior written authorization from DWR.
IL GENERAL CONDITIONS:
When written authorization is required, the plans and specifications for the project are
incorporated into the authorization by reference and are an enforceable part of the
Certification. Any modifications to the project require notification to DWR and may require
an application submittal to DWR with the appropriate fee. [35A NCAC 02H .0501 and .0502]
2. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the
footprint of the impacts (including temporary impacts) as authorized in the written approval
from DWR; or beyond the thresholds established for use of this Certification without written
authorization. [15A NCAC 02H .0501 and .0502]
No removal of vegetation or other impacts of any kind shall occur to state regulated riparian
buffers beyond the footprint ofimpacts approved in a Buffer Authorization or Variance or as _
listed as an exempt activity in the applicable riparian buffer rules. [15A NCAC 02B .0200]
3. In accordance with 15A NCAC 02H .0506(h), compensatory mitigation may be required for
losses of greater than 150 linear feet of streams and/or greater than one (1) acre of
wetlands. Impacts to isolated and other non -404 jurisdictional wetlands shall not be
combined with 404 jurisdictional wetlands for the purpose of determining when impact
thresholds trigger a mitigation requirement. 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 150 linear feet per stream.
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.
Page 4 of 11

GC4O92
4. All activities shall be in compliance with any applicable State Regulated Riparian Buffer Rules
in Chapter 2 of Title 15A
5. 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. [15A NCAC
02H .0506 (b)(3) and (c)(3) and 15A NCAC 02B4O200]
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 NCDOTSediment and Erosion ControlManual.
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 -J, 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.
6. Sediment and erosion control measures shall not be placed in wetlands or waters except
within the footprint of temporary or permanent impacts authorized under this Certification.
Exceptions to this condition require application to and written approval from DWR. [15A
NCACO2H .0501 and .0502]
7. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used
along streambanks or within wetlands. Exceptions to this condition require application to
and written approval from DWR. [15A NCAC 02B.02011
Page 5 of 11

GC4092
g. An NPDES Construction Stormwater Permit (NCGO10000) is required for construction
projects that disturb one (1) or more acres of land. The.NCG010000 Permit allows
stormwater to be discharged during land disturbing construction activities as stipulated in
the conditions of the. permit. If the project is covered by this permit, full compliance with
permit conditions including the erosion & sedimentation control plan, inspections and
maintenance, self-monitoring, record keeping and reporting requirements is required. [15A
NCAC 02H .0506(b)(5) and (c)(5)]
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 (NCS000250) stormwater permit. [15A NCAC 02H
.0506(b)(5) and (c)(5)1
9. 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 DOT
Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams,
and other diversion structures shall be used to minimize excavation in flowing water.
Exceptions to this condition require application to and written approval from DWR. [15A
NCAC 02H .0506(b)(3) and (c)(3))
10. If activities must occur duringperiods 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. [15A NCAC 02H
.0506(b)(2) and 15A NCAC 04B.0125]
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. A copy of the approval from the resource agency shall be forwarded to DWR.
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.
11. 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. [15A NCAC 02H .0506(b)(2) and (c)(2)1
Page 6 of 11

GC4092
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 multiple pipes or barrels are required, they shall be designed to mimic the existing stream
cross section as closely as possible including pipes or barrels at flood plain elevation and/or
sills where appropriate. Widening the stream channel shall be avoided.
When topographic constraints indicate culvert slopes of greater than 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, etc.). Notification, including supporting documentation to include a location
map of the culvert, culvert profile drawings, and slope calculations, shall be provided to DWR
60 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 60 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.
If other site-specific topographic constraints preclude the ability to bury the culverts as
described above and/or it can be demonstrated that burying the culvert would result in
destabilization of the channel, then exceptions to this condition require application to and
written approval from DWR.
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.
12. 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. -Exceptions to this condition require application to and written approval
from DWR. j15A NCAC 02H .0506(b)(5)1
Page 7 of 11

GC4092
13. 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. [15A NCAC 02B
.0200 and 15A NCAC 02B.0231]
14. 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. [15A
NCAC 028 .0200]
15. All proposed and approved temporary flII 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. For projects that receive written approval, no temporary impacts are
allowed beyond those included in the application and authorization. All temporarily
impacted sites shall be restored and stabilized with native vegetation. [15A NCAC 02H
.0506(b)(2) and (c)(2)1
16. 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 during
use of this Certification. 115A NCAC 02H .0506(6)(2) and (c)(2)]
17. Any -rip rap required for proper culvert pl'acerhent, stream stabilization, or restoration of-
temporarily
f 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 stream elevation and
streambank contours are restored and maintained. 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 in a manner that precludes aquatic life passage. [15A NCAC 02H
.0506(b)(2)]
18. 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. [15A NCAC 02H .0506(b)(2)]
19. Applications for rip -rap groins proposed in accordance with 15A NCAC 07H .1401 (INC
Division of Coastal Management General Permit for construction of Wooden and Rip -rap
Groins in Estuarine and Public Trust Waters) shall meet all the specific conditions for design
and construction specified in 15A NCAC 07H .1405.
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GC4092
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 not take place within 50 feet of a waterbody or
wetlands to prevent contamination by fuels and oils. [15A NCAC 02H .0506(b)(3) and (c)(3)
and ISA NCAC 0213.0211 (12))
21. Heavy equipment working in wetlands shall be placed on mats or other measures shall be
taken to minimize soil disturbance. [15A NCAC 02H .0506(b)(3) and (c)(3)]
22. In accordance with 143-215.85(b), the applicant 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.
23. If an environmental document is required under the State Environmental Policy Act (SEPA),
then this General Certification is not valid until a Finding of No Significant Impact (FONSI) or
Record of Decision (ROD) is issued by the State Clearinghouse. If an environmental document
is required under the National Environmental Policy Act (NEPA), then this General
Certification is not valid until a Categorical Exclusion, the Final Environmental Assessment, or
Final Environmental Impact Statement is published by the lead agency [15A NCAC 01C
.0107(a)]
24. This General Certification does not relieve the applicant 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:. -
25. The applicant and their authorized agents shall conduct all activities in a manner consistent
with State water quality standards (including any requirements resulting from compliance
with 4303(d) of the Clean Water Act), and any other appropriate requirements of State and
Federal Law. If DWR determines that such standards or laws are not being met, including
failure to sustain a designated or achieved use, or that State or Federal law is being violated,
or that further conditions are necessary to assure compliance, then DWR may revoke or
modify a written authorization associated with this General Water Quality Certification. [15A
NCAC 02H .0507(d)]
26. When written authorization is required for use of this Certification, upon completion of all
permitted impacts included within the approval and any subsequent modifications, the
applicant shall be required to return a certificate of completion (available on the DWR
website https://edocs.deg.nc.gov/Forms/Certificate-of-Completion). [15A NCAC 02H
.0502(f)]
Page 9 of 11

GC4092
27. Additional site-specific conditions, including monitoring and/or modeling requirements, may
be added to the written approval letter for projects proposed under this Water Quality
Certification in order to ensure compliance with all applicable water quality and effluent
standards. [15A NCAC 02H .0507(c)]
28. If the property or project is sold or transferred, the new Permittee shall be given a copy of
this Certification (and written authorization if applicable) and is responsible for complying
with all conditions. [15A NCAC 02H .0501 and .05021
GENERAL CERTIFICATION ADMINISTRATION
1.. In accordance with North Carolina General Statute 143-215.31)(e), written approval for a 401
Water Quality General Certification must include the appropriate fee. An applicant for a
CAMA permit under Article 7 of Chapter 113A of the General Statutes for which a Water
Quality Certification is required shall only make one payment to satisfy both agencies; the fee
shall be as established by the Secretary inaccordance with 143-215.31)(e)(7).
2. This Certification neither grants nor affirms any property right, license, or privilege in any
waters, or any right of use in any waters. This Certification does not authorize any person to
interfere with the riparian rights, littoral rights, or water use rights of any other person and
this Certification does not create any prescriptive right or any right of priority regarding any
usage of water. This 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 Certification to possess any prescriptive or
other right of priority with respect to any other consumptive user regardless of the quantity
of the withdrawal or the date on which the withdrawal was initiated or expanded.
-.:-3. This Certification- grants permission tothe -Director,an-authorized representative of the --
Director, or DWR staff, upon the presentation of proper credentials, to enter the property
during normal business hours. [15A NCAC 02H .0502(e)]
This General. Certification shall expire on the same day as the expiration date of the
corresponding Nationwide Permit and/or Regional General Permit. The conditions in effect
on the date of issuance of Certification for a specific project shall remain in effect for the life
of the project, regardless of the expiration date of this Certification. This General
Certification is rescinded when the US Army Corps of Engineers reauthorizes any of the
corresponding Nationwide Permits and/or Regional General Permits or when deemed
appropriate by the Director of the Division of Water Resources.
5. Non-compliance with or violation of the conditions herein set forth by a specific project may
result in revocation of this General Certification for the project and may also result in
criminal and/or civil penalties.
Page 10 of 11

GC4092
6. The Director of the North Carolina Division of Water Resources may require submission of a
formal application for Individual Certification for any project in this category of activity if it is
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 degrade the
waters so that existing uses of the water or downstream waters are precluded.
7. Public hearings may be held prior to a Certification decision if deemed in the public's best
interest by the Director of the North Carolina Division of Water Resources.
History Note: Water Quality Certification (WQC) Number 4092 issued March 3, 2017 replaces
WQC 3890 issued March 19, 1012 replaces WQC Number 3821 issued April 6, 2010, WQC
Number 3631 issued March 19, 2007; WQC 3402 issued March, 2003; WQC Number 3362, issued
March 18, 2002; WQC 3287, issued lune 1, 2000,• WQCs 3106 and 3108 issued February 11,
1997
Page 11 of 11

Nil;
Water Resources
E,viron ruut,l Quality
WR Project No.:
Applicant:
Project Name: _
ROY COOPER
co,a.....
MICHAEL S. REGAN
S', to
S. JAY ZIMMERMAN
Director.
County:
Date of Issuance of 401 Water Quality Certification:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer
Rules, and any subsequent modifications, the applicant is required to retain this certificate to the 401 and
Buffer Permitting Unit, North Carolina Division of Water Resources, 1650 Mail Service Center, Raleigh,
NC, 27699-1650. This form may be returned to BAR by the applicant, the applicant's authorized agent, or
the project engineer. It is not necessary to send certificates from all of these.
Applicant's Certification
1, , hereby state that, to the best of my abilities, due ogre and
diligence was used in the observation of the construction such that the construction was observed to be built
within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the
approved plans and specifications, and other supporting materials.
Signature: Date:
Agent's Certification
11 , hereby state that, to the best of my abilities, due care and
diligence was used in the observation of the construction such that the construction was observed to be built _
within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the _
approved plans and specifications, and other supporting materials.
Signature: Date:
If this project was designed by a Certified Professional
1, , as a duly registered Professional (i.e.,
Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to
observe (periodically, weekly, full time) the construction of the project, for the Permitee hereby state that, to
the best of my abilities, due cue and diligence was used in the observation of the construction such that the
construction was observed to be built within substantial compliance and intent of the 401 Water Quality
Certification and Buffer Rules, the approved plans and specifications, and other supporting materials.
Signature:
Registration No.
> s'"Nothing Gornlrares:�. -
Sine of Nord, Cnroliau I Environment Quality I Warm Rn Lumex
2000 U.S. n,lavu,70. Swmmanoa. Nonh C—1 nn29978
828-29645011