HomeMy WebLinkAbout20160194 Ver 2_No Written Concurrence_20180223
Carpenter,Kristi
From:Steenhuis, Joanne
Sent:Friday, February 23, 2018 4:39 PM
To:'Shaver, Brad E CIV USARMY CESAW (US)'; Herndon,
T. Mason
Subject:RE: \[External\] RE: Brunswick SR 1426 Mt Misery Road
Pipe Replacement
Attachments:gc 4132.pdf
Mason,
The DWR concurs with the USACE that written concurrence is not required for this
revised project. The GC 4132 is attached for your convenience.
Thank you
Joanne Steenhuis
-----Original Message-----
From: Shaver, Brad E CIV USARMY CESAW (US) \[mailto:Brad.E.Shaver@usace.army.mil\]
Sent: Friday, February 23, 2018 12:48 PM
To: Herndon, T. Mason <tmherndon@ncdot.gov>
Cc: Steenhuis, Joanne <joanne.steenhuis@ncdenr.gov>
Subject: \[External\] RE: Brunswick SR 1426 Mt Misery Road Pipe Replacement
CAUTION: External email. Do not click links or open attachments unless verified. Send all
suspicious email as an attachment to Report Spam.<mailto:report.spam@nc.gov>
Mason,
The Corps agrees that the pipe replacement may utilize the 2017 Nationwide 3 without
any formal response from Regulatory. Please make sure to include a copy of nationwide
3 with any contract execution.
Thank you,
Brad
-----Original Message-----
From: Herndon, T. Mason \[mailto:tmherndon@ncdot.gov\]
Sent: Tuesday, February 20, 2018 1:31 PM
To: Shaver, Brad E CIV USARMY CESAW (US) <Brad.E.Shaver@usace.army.mil>
Cc: Steenhuis, Joanne <joanne.steenhuis@ncdenr.gov>
Subject: \[Non-DoD Source\] Brunswick SR 1426 Mt Misery Road Pipe Replacement
Brad, per our past discussions attached is revised package for the proposed pipe
replacement on Mt Misery Rd in Brunswick County. This project was originally approved
back on March 1, 2016 under SAW 2016 00246. The original authorization has expired
and we are proposing to begin construction on this project in the coming months.. The
1
package includes a cover letter, revised permit drawings and WIS. It is anticipated that
the revised submittal will not require written approval.
Joanne, I sent you this via the submittal link you sent me but I was concerned that Brad
would not get it.
If you have any questions, please do not hesitate to contact me.
Thanks!
Mason Herndon
Environmental Program Supervisor
Division 3
NCDOT- Division of Highways
910-341-2036 office
910-604-0050 mobile
tmherndon@ncdot.gov
5501 Barbados Blvd
Castle Hayne, NC 28429
Email correspondence to and from this address is subject to the
2
North Carolina Public Records Law and may be disclosed to third parties.
________________________________
Email correspondence to and from this sender is subject to the N.C. Public Records Law
and may be disclosed to third parties.
3
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF WATER RESOURCES
WATER QUALITY GENERAL CERTIFICATION NO. 4132
GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR US ARMY CORPS OF ENGINEERS
• NATIONWIDE PERMIT 3 (MAINTENANCE),
• NATIONWIDE PERMIT 4(FISH AND WILDLIFE HARVESTING, ENHANCEMENT, AND
A7TRACTION DEVICES AND ACTIVITIES),
• NATIONWIDE PERMIT 5(SCIENTIFIC MEASUREMENT DEVICES�,
• NATIONWIDEPERMIT6(SURVEYAGTIVITIES),
• NATIONWIDE PERMIT 7(OUTFALL STRUCTURES AND ASSOCIATED INTAKE STRUCTURES�,
• NATIONWIDE PERMIT 19 (MINOR DREDGING),
• NATIONWIDE PERMiT 20 (RESPONSE OPERATIONS FOR OIL OR HAZARDOUS SUBSTANCES),
• NATIONWIDE PERMIT 22 (REMOVAL OF VESSELS),
• NATIONWIDE PERMIT 25 (STRUCTURAL DISCHARGES),
• NATIONWIDE PERMIT 30 (MOIST SOIL MANAGEMENT FOR WILDLIFE),
• NATIONWIDE PERMIT 32 (COMPLETED ENFORCEMENT ACTIONS),
• NATIONWIDE PERMIT 36 (BOAT RAMPS),
• REGIONAL GENERAL PERMIT 197800056 (PIERS, DOCKS AND BOATHOUSES�, AND
• REGIONAL GENERAL PERMIT 197800125 (BOAT RAMPS)
Water Quality Certification Number 4032 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) (3, 4, 5,
6, 7, 19, 20, 22, 25, 30, 32, and 36) of the US Army Corps of Engineers regulations and Regional
General Permits 197800056 and 197800125.
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: December 1, 2017
Signed this day: December 1, 2017
By
for Linda Culpepper
Interim Director
GC4132
Activities meeting any one (1) of the following thresholds or circumstances require wrl en
approval for a 401 Water Quality Certiflcation from the Divislon of Water Resources �DWR):
a) If any of the conditions of this Certification (listed below) cannot be met; or
b) Total additfonal permanent impacts to streams (including stream relocations or
restoratfons) greater than 401inear feet at an existing stream impact location; or
c) Total temporary and permanent impacts to wetiands or open waters equal to or greater
than one-tenth (1/10) of an acre; or
d) Complete dewatering and drawdowns to a sediment layer related to pond/dam
maintenance or removal; or
e) Any impacts to streams from excavation or dredging other than excavation that is
conducted as preparetion for installing permanent flll or structures or projects qualifying
for a Nationwide Permit 19; or
f) Except for projects qualifying for a Nationwide permit 3, any permanent 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
g) Any high-density project, as defined in 15A NCAC 02H .3003(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 wetland, stream or open water impacts; and
iii. Is proposing new built-upon area; and
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 grendfathering from state or locally-
implemented stormwater programs and projects that satisfy state or locally-
implemented stormwater progrems through use of community in-lieu progrems require
written approval; or
h) Any permanent impacts to coastal wetlands [15A NCAC 07H .0205], or Unique Wetlands
(UWL�; or
i) Any impact associated with a Notice of Violatfon 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 026 .0200), or
State Regulated Riparian Buffer Rules (15A NCAC 028 .0200); or
j) Any impacts to subject water bodies and/or state regulated riparian buffers along
subject water bodies in the Neuse, Tar-Pamtico, 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 Protectfon Rules [Buffer Rules] in effect
at the time of application) unless:
' e.g. Coastal Counties, HQW, ORW, or state-implemented Phase II NPDES
' e.g. Delegated Phase II NPDES, Water Supply Watershed, Nutrient-Sensftive Waters, or Universal Stormwater
Manageme�t Program
Page 2 of 30
GC4132
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
pursuantto 143-215.23.
Activities intluded in this General Certiflcation that do not meet one of the thresholds Iisted
above do not require written approval.
I. ACfIVITYSPECIFICCONDITIONS:
1. 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 documentatfon 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.
2. for the North Carolina Department of Transportation, compliance with the NCDOT's
individual NPDES permit NCS000250 shall serve to satisfy this condition. All other high-
density projects that trigger threshold item (g) above shall comply with one of the following
requirements: [15A NCAC 02H .0506(b)(5) and (c)(5)]
a. Provide a completed Stormwater Management Plan (SMP) for review and approval,
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. Stormwater management shall be provided throughout the entire
project area in accordance with 15A NCAC 02H .1003. For the purposes of 15A NCAC
02H .1003(2)(a), density thresholds shall be determined in accordance with 15A NCAC
02H .1017.
b. Provide documentation (including calculations, photos, etc.) that the project will not
cause degradation of downstream surface waters. Documentation shall include a
detailed analysis of the hydrological impacts from stormwater runoff when considering
the volume and velocity of stormwater runoff from the project built upon area and the
size and existing condition of the receiving stream(s).
Exceptions to this condition require application ta and written approval from DWR.
II. GENERAL
1. 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
Certiflcation. Any modiflcations to the project require notiflcation to DWR and may require
an application submittal to DWR with the appropriate fee. [15A NCAC 02H .0501 and .0502]
Page 3 of 30
GC4132
2. No waste, spoil, solids, or flll 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 .0502j
No removal of vegetation or other impacts of any kind shall occur to state regulated riparian
buffers beyond the footprint of impacts 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 i5A NCAC 02H .0506�h) and Session Law 2017-10, compensatory
mitigation may be required for losses of greater than 300 linear feet of perennial streams
and/or greater than one (1) acre of wetlands. 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
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 300 linear
feet per perennial stream.
Compensatory stream and/or wetland mitigation shall be proposed and completed in
compliance with G.S. 143-214.11. For applicants proposing to condud 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.
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 02B .0200]
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 NCDOT 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.
Su�cient materials required for stabilization and/or repafr of erosion control measures and
stormwater routing and treatment shall be on site at all times.
Page 4 of 10
GC4132
For borrow pit sites, the erosion and sediment control measures shall be designed,
installed, opereted, and maintained in accordance with the most recent version of the
Nonh Carollna Surface Mining Manual. Reclamation measures and implementation shall
comply with the reclamation in accordance with the requirements of the Sedimentation
Pollution Controi 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 046 .0124, Design Stondards 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 OWR. [15A
NCAC 02H .0501 and .0502]
7. Erosion control matting that incorporetes 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 .0201]
8. An NPDES Construction Stormwater Permit (NCGO30000) 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 tn full
compliance with the conditions related to construction activitles within the most recent
version of their individual NPDES (NCS000250) stormwater permit. [15A NCAC 02H
.0506�b)(5) and (c)(5�]
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 Activlties 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 during periods of high biological activlty (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 048 .0125]
Page 5 of 10
GC4132
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 Natianal 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 forvvarded to DWR.
Work within a designated trout watershed of North Carolina (as identified by the
Wilmfngton 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.
il. 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 averege historical low flow and spring flow without adversely altering
flow velotity. [15A NCAC 02H .0506(b)(2) and (c�(2)]
Placement of culverts and other structures in streams shall be below the elevation af 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. Wideningthe 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.
Page 6 of 10
GC4132
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 naturel
hydrology of the system as well as prevent constridion 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-rep or other bank hardening
methods.
12. eridge deck dreins 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. (15A NCAC 02H .0506(b)(5)]
13. Application of fertilfzer 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. Ferti�izer application shall be accomplished in a
manner that minimizes the risk of contact between the fertilizer and surface waters. [15A
NCAC 026 .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 02B .0200]
15. All proposed and approved temporery fill and culverts shall be removed and the impacted
area shall be returned to natural conditions within 60 calendar days after the temporery
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 inciuded in the application and authorization. All temporerily
impacted sites shall be restored and stabilized with native vegetation. �15A NCAC 02H
.0506(b)(2) and (c)(2)]
16. All proposed and approved temporery 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 Deportment of Transportation Best Management Practices for Construction
and Maintenonce Activlties so as not to restrict stream flow or cause dis-equilibrium during
use of this Certiflcation. [15A NCAC 02H .0506�b�(2) and (c)(2)]
Page 7 of 30
GC4132
17. Any rip-rep required for proper culvert placement, stream stabilization, or restoration of
temporerily 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 structurel
integrity of bank stabilization measures. [35A NCAC 02H .0506(b)(2)]
19. Applications for rip-rap groins proposed in accordance with 15A NCAC 07H .1401 (NC
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.
20. All mechanized equipment operated near surface waters should 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 precticable. 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 ofls. [15A
NCAC 02H .0506 (bj(3) and (c�(3) and 15A NCAC 02B .0211(12)]
21. Heavy equipment working in wetlands shall be placed on mats or other measures shall be
taken to minimize soil disturbance. [i5A NCAC 02H .0506 (b)(3) and (c�(3)]
22. In accordance with 143-215.85(b), the applicant shall report any petroleum spili 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 Generel Certification is not valid until a Finding of No Significant Impact (FON51) or
Record of Decision (ROD) is issued by the State Clearfnghouse. 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 Environmenta�
Assessment, or Final Environmental Impact Statement is published by the lead agency. (15A
NCAC O1C .0107(a�]
24. This General Certification does not relieve the applicant of the responsibility to obtain all
other required Federel, State, or Local approvals before proceeding with the projed,
including those required by, but not Iimlted to, Sediment and Erosion Control, Non-
Discharge, Water Supply Watershed, and Trout Buffer regulations.
Page 8 of 30
GC4132
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 compNance
with §303(d) of the Clean Water Act), and any other appropriate requirements of State and
Federel Law. If DWR determines that such standards or laws are not being met, including
fallure to sustain a designated or achieved use, or that State or Federel law is being violated,
or that further conditions are necessary to assure campliance, then DWR may revoke or
modify a written authorization associated wfth this General Water Quality Certification.
[15A NCAC 02H .0507(d)]
26. 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 Certiflcation. A copy of this Certification,
including all conditfons shall be available at the project site during the construction a�d
maintenance of this project. [15A NCAC 02H .0507 (c) and 15A NCAC 02H .0506 (b)(2) and
(�l(zl1
27. When written authorization is required for use of this Certiflcation, 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.dea.nc.�ov/Forms/Certificate-of-Completion�. [15A NCAC 02H
.0502�f)]
28. 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
Certiflcation in order to ensure compliance with all applicable water quality and effluent
standards. [15A NCAC 02H .0507(c)]
29. If the property or project is sold or transferred, the new permittee sha�l 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 .0502]
III. GENERAL CERTIFICATION ADMINISTRATION:
1. In accordance with North Carolina Generel Statute 143-215.3D(e), written approval for a
401 Water Quality General Cert(flcation 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 Certiflcation is required shall only make one payment to satisfy both agencies; the
fee shall be as established by the Secretary in accordance with 143-215.3D(e)(7).
2. This Certiflcation neither grents nor affirms any property right, license, or prtvilege in any
waters, or any right of use in any waters. This Certification does not authorize any person
to interfere with the riparian rights, littorel rights, or water use rights of any other person
and this Certiflcation daes not create any prescriptive right or any right of priority regarding
any usage of water. This Certiflcation shall not be interposed as a defense in any action
respecting the determination of riparian or littorel rights or other rights to water use. No
consumptive user Is deemed by virtue of this Certification to possess any prescriptive or
Page 9 of 10
GC4132
other right of priority with respect to any other consumptive user regardless of the quantity
of the withdrewal or the date on which the withdrawal was initiated or expanded.
3. This Certification 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. [15A NCAC 02H .0502�e)]
4. This Generel 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 Generel 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.
6. 7he Director of the North Carolina Division of Water Resources may require submission of a
formal application for Individual Certification for any pro}ect in this category of activity if it
is deemed in the public's best interest or determined that the project is Ifkely 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 waters or
downstream waters are precluded.
History Note: Water Quality Certification (WQC) Number 4132 lssued December 1, 2017
replaces WCQ 4085 issued March 3, 2017; WQC 3883 issued March 19, 2012; WQC Number
3687 issued November 1, 2007; WQC Number 3624 issued March 19, 2007; WQC Number 3494
issued December 31,1004; and WQC Number 3376 issued March 18, 2002.
Page 30 of 30