20181120 Ver 1_Revised Approval Letter_20180913

City of Fayetteville
Attn: Doug Hewett
433 Hay Street
Fayetteville, NC 28301
September 13, 2018
DWR # 18-1120
Cumberland County
Subject: REVISED - APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH
ADDITIONAL CONDITIONS
Mirror Lake Dam Hurricane Damage Repairs
Dear Mr. Hewett:
You have our approval for the impacts listed below for the purpose described in your.
application dated August 10, 2018, received by the Division of Water Resources (Division)
August 10, 2018, updated drawings received on September 10, 2018 and payment received on
August 15, 2018. This certification replaces the certification dated September 10, 2018. These
impacts are covered by the attached Water Quality General Certification Numbers 4132 and
4133 and the conditions listed below. This certification is associated with the use. of
Nationwide Permit Numbers 3 and 12 once they are 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, and Water Supply Watershed regulations.
This approval requires you to follow the conditions listed in the enclosed certifications) or
general permit and the following additional conditions:
.................... .......... .. .
.................. .......................
.................................................................... .
�� �.... :
North Carolina Department of En irons -rental Quality ' Division of Water Resources
Fayetteville Regional Office 225 Green Street, Suite 714 Fayetteville, North Carolina 28301
910,433,3300

Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Perennial Stream
70 (linear feet)
70 (linear feet)
Wetland 1
0.03(acres)
(acres)
Wetland 2
0.002 (acres)
(acres)
Open Water
0.06 (acres)
0.58 (acres)
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. [15A NCAC 02H .0506(b) and (c)].
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. 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 Certifications)/Permit/Authorization and is responsible for complying with
all conditions. [15A NCAC 02H .0507(d)(2)]
3. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian
areas beyond the footprint of the impacts depicted in the Pre -Construction
Notification. All construction .activities, including the design, installation, operation,
and maintenance of sediment and erosion control Best Management Practices, shall
be performed so that no violations of state water quality standards, statutes, or
rules occur.
4. Erosion & Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all
specifications governing the proper design, installation and operation and
maintenance of such Best Management Practices in order to protect surface waters
standards:
a. The erosion and sediment control measures for the project must be designed,
installed, operated, and maintained in accordance with the most recent version of
the North Carolina Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and
erosion control measures must be such that they equal, or exceed, the
requirements specified in the most recent version of the North Carolina Sediment
and Erosion Control Manual. The devices shall be maintained on all construction
...............................................................
.................................................. .
,:.
arz
North Carolina Department of Environmental Quality Division of Water Resources
Fayetteville Regional Office 1225 Green Streets Suite 714 j Fayetteville, North Carolina 28301.
910,433,3300

borrow.sites, and waste pile (spoil) projects; incfuoing coltractor-owned or
leased borrow pits associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be
designed, installed, operated, and maintained in accordance with the most recent
version of theNorth Carolina Surface Mining Manual.
d.. The reclamation measures and implementation must comply with the
reclamation 'in'accordance with the requirements of the Sedimentation Pollution
Control Act
5. No Sediment & Erosion Control Measures i*n Wetlands or Waters
Sediment and erosion control measures should not be placed in wetlands or waters
without prior approval by the Division. If placement of sediment and erosion control
devices in wetlands and waters is unavoidable, design and placement of temporary
erosion control measures shall not be conducted in a manner that. result in dis-
equilibrium of wetlands or stream beds orbank s, adjacentto `or upstream and
downstream of the above structures. All sediment and erosion control devices shall
be removed, and the natural grade restored within two (2) months of the date that
the Division of Land Resources or locally delegated program -has released the
project.
6. Certificate of Completion
Upon completion of al -1 work approved within the 401 Water Quality Certification or
applicable Buffer Rules, and any subsequent modifications, the applicant is re uired
q
to return the attached certificate of completion to the DWR 401 and Buffer
Permitting Unit at: 1650 -Mail Service Center, Raleigh, North Carolina 27699-1650.
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 1506 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.ncoah.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 OAH during normal
office hours (Mon -day through Friday between 8:00am and 5:00pm, excluding official state
holidays).
The petition may be faxed to the OAH at (919.) 431-3100, 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.
Noith Carolina Department of Favi.rorwriental Quality !!division of Water Resources
Fayetteville Regional Office 1225 Green Street, Suite 7141 Fayetteville., North Carolina 23301
9.0.43.3304

Malling.add:ress-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
1.711 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 Environment Quality
1601 Mail Service Center
Raleigh, NC 2769971601
This letter completes the. review of the. Division, under section.401 of the. Clean Water Act.
Please contact Chad Turlington at [phone] or [e-mail]. if you have
any questions or concerns.
Sincerely,
Enclosures: GC 4132
GC 4133.
cc: David G. Cooper —Ecological Engineering, LLP (via email)
Emily Greer - USACE Wilmington Regulatory Field Office (via email)
DV1/R FRO, 401 files J� .
DWR 401 &Buffer Permitting Unit(yia email)
....... ....
::-
........
................ ....
North Carolina Department of Environr rental Quality i Division of water Resources
Fayetteville Regional Office 1225 Green Street, Suite 7141 Fayetteville,, North Carolina 28301
910,433.33€ 0

OY C.01 E �u
� L ,fix RE G`-- AA'..
Lt
CV' PPER.
DWR Project No.: County: .
Applicant:
Project'Name:
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 return this certificate to the DWR Central Office --
Wetlands and Buffers Permitting Unit at 1650 Mail Service Center, Raleigh, NC 27699-1650. This form may be
returned to DWR 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
'? , 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:
.Agent's Certification
It , 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 thea approved
ed
plans and specifications, and other supporting materials.
Signature: Date:
If this project was designed by a Certified professional
I,
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 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: Registration No.
Date
..............FaY��
.....:. ......
Notth Carolina Department of Environmental Quality I Division of Slater Resources
Fayetteville Regional office 225 Green Street, Suite 714 j Fayetteville, North Carolina 28301
910.433.3300

SPATE OF NORTH C4ROfl.INA
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
ATTRACTION DEVICES AND ACTIVITIES),
• NATIONWIDE PERMITS (SCIENTIFIC MEASUREMENT DEVICES),
• NATIONWIDE PERMIT 6(SURVEY ACTIVITIES),
• 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 ACTIONSj,
• NATIONWIDE PERMIT 36 (BOAT RAMPS),
• REGIONAL GENERAL PERMIT 197800056 (PIERS, DOCKS AND BOATHOUSES), AND
• REGIONAL GENERAL PERMIT 197800125 (BOAT RAMPS
Water Quality Certification Number 4132 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 Regulatio'ns.-in.15A NCAC 02H .0500 and 15A NCAC 02B .0200 for the discharge of fill
material to surfacewaters and wetland areas as described in 33 CFR 330 Appendix A (B) (3, 41 5,
6, 7,t 19, 20, 22,025, 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 categoryof 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

GC4132
Activities- meeting any. one (i) of the following thresholds or circumstances require written
aanrova/ 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) Total additional permanent impacts to streams (including stream relocations or
restorations) greater than 40 linear feet at an existing stream impact location; or
c) Total temporary and permanent impacts to wetlands 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 preparation for installing permanent fill 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 .1003(2)(a) and by the density
thresholds specified in 1.5A NCAC 021-1 ..1017, which:
i. Disturbs one acre or snore 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
M. 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 -a pproved local government stormwater
prograw.
Projects that have: vested rights, exemptions, or grandfathering from .state or locally-
. i.mplemented stormwater programs and projects that satisfy state or locally- .
implemented stormwater programs through use of community in -lieu programs 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'. Violation or an enforcement action for
violations) .of NC Wetland Rules (15A NCAC 02H .0500), NC Isolated Wetland Rules (15A
_...._.NCAC...02H__..1300),. _N_C__.Su_rface.-.Water._or_ Wetl.an.d...Standa.rds..(1.5A._-NCAC_ 02B_ .0200.),...or.
State Regulated. Riparian Buffer. Rules (15A NCAC 02B .0200); or
j) Any impacts to subject water 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:
1 e.g. Coastal Counties, HQW, ORW, or state -implemented Phase 11. NPDES
2 e.g. Delegated Phase II NPDES, Water Supply Watershed, Nutrient -Sensitive Waters, or Universal Stormwater
Management Program
Page 2 of 10

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
g
designated local government implementing a state riparian buffer program
pursuant to 143-215.23.
Activities included in this General Certification that do not meet onef
a the thresholds listed
above do not require written approval.
I. ACTIVITY SPECIFIC CONDITIONS:
1. For all dam removal projects 'me
etin the definition under -
R G.S. 143 215.25 and
requirements under G.S. 143-215.27 of a professionallY supervised dam removal, ova1,
_ th e
applicant shall provide documentation .that an sediment that ma be releas '
Y y ed 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 '
p p th the NCDCJT s
individual NPDES permit NCS000250 shall serve to satisfy this condition. All other high
density
i hdensity 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 an
i d approval,
including all appropriate stormwater control measure (SCM) supplemental lemental forms and
associated items, that complies with the high-density development requirements of 15A
NCAC `02H.1003. Stormwater management shall berovided throughout the entire
p R e
project area in accordance with 15A NCAC 02H .1003. Forth
e purposes of 15A NCAC
O.2H ..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 wrll not
cause degradation of downstream surface waters. Documentation shall in 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 thereceiving stream(s)--
Exceptions to this condition require application to and written approval ' from DWR.
.
II. GENERAL CONDITIONS:
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
Certification. Any modifications to the project require notification to DWR and may require
an application submittal to DWR with the appropriate fee. [15A NCAC 02H .0501 and .0502]
Page 3 of 10

GC4132
2. No waste,P
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 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 .02001
3. In accordance with 15A NCAC 02H .0506(h) and Session Law 201710, compensatory
mitigation may be required for losses of greater than 300 linear feet. of perennial streams
and orreater than one (1) acre of wetlands. Impacts associated with the removal of a
g .
dam shall not complies require mitigation when the removal lies with the requirements of Part
q g P
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 ublicly.owned and maintained transportation projects that are not
q P
a determined to beP art of a larger common plan of development by the US Army Corps of
Eng ineers compensatory mitigation may be required for losses of greater than 300 linear
feet per perennial stream.
Com ensato stream and/or wetland mitigation shall be proposed and completed in
P rY �
compliance with G.S. 143-214.11. Forapplicants proposing to conduct mitigation within a
project complete site, a com lete 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
P
.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-J,installation o eration, and maintenance of all sediment and erosion control
� P
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 . includin 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.
Page 4 of 10

GC4132
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. Reclarnation rneasu'es 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 -1, WS -11, 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
NCAC 02H .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 thiscondition require
application to and written approval from DWR. [15A NCAC 026.0201]
8. 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)(51.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 managementP ractices 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 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. [15A NCAC 02H .0506
(b)(2) and 15A NCAC 446.0125]
Page 5 of 10

GC4132
All moratoriums on construction activities established by the NC Wildlife Resources
Commission (WRQ, US Fish and Wildlife Service (USFWS), NC Division of Marine Fisheries
(DIVIR 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 flowwithout adversely altering
flow velocity. [15A NCAC 02H .0506(b)(2) and (c)(2)]
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 glopes 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 _the_....resence of___bedrock. __ ___Notification,__ including
__.._...__ . p
supporting documentation such as a location map of the culvert, geotechnical reports,
photographs,. etc. shall be provided to DWR a- minimum of 50 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
destabilisation 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 bep rovided 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.'.Starmwater 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)j
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 OZS .0200 and 15A NCAC 026.0231]
14. If concrete is used during construction, then aI1 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. shat! not be discharged to waters of the state.
[15A NCAC 02B.0200]
15. All proposed and approved temporary fill and culverts shall be removed and the impacfed
area shall be returned to natural conditions within 60 calendar days afterthe 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 allowedbeyond, thoseincluded 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)]
- --- - --- - ------ --- -------
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. [15A NCAC 02H .0506(b)(2) and (c)(2)]
Page 7 of 10

GC4132
17. 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
p v
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
P
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
Y
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 (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 071-1.14050.
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 oder 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. [15A
NCAC 02H .0506 (b)(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. [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 leaned up within 24 hours.
23. If an environmental document is required under the State Environmental Policy Act (S.EPA),
then. this General Certification is not valid_until a Finding of No Sgnificant.lmpact (FONSI) or
Record of Decision (ROO) 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.
Page 8 of 10

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 compliance
with §303(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, orthatState 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.
[1,5A NCAC 02H A507(d)]
26. The permittee shall require its contractors and/or agents to comply with. the -terms and
conditions ofthis 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 acopy 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)]
27. 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 certlflcate. of' com' pletion (available on lila DWR
website https:://edocs.deg.nc.goy/Forms/Certificate-of-Completi�. [15A NCAC 02H
.0502(fi]
28. Additional site-specific conditions, including it 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)]
29. If the property or project is sold or transferred, the new ,permittee shallbe 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
III. GENERAL CERTIFICATION ADMINISTRATION:
1. In accordance with. North Carolina General Statute 143-215.3D(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 in accordance 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
Page 9 of 10

GC4132
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 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 021-1 .0502(e)]
4. 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 theproject, 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.
S. 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/ civil penalties.
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 deemed in the pubiies` 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 degrade the waters so that existing uses of the waters or
downstream waters are precluded..
History Note: Water Quality Certification (WQC) Number 4132 issued December 1, 2017
replaces WCQ 4085 issued March 3,2017; WQC 3883 * issued Morch I9, 2012; WQC Number
3687 issued November ' 1, 2007; WQC Number 3624 ' issued March 19, 2007; WQC Number 3494
issued December 31, 2004; and WQC Number 3376 issued March 18, 2002.
Page 10 of 10

STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY.
DIVISION OF WATER RESOURCES
WATER QUALITY GENERAL CERTIFICATION N,09 4133
GENERAL CERTIFICATION FOR PROTECTS ELIGIBLE FOR US ARMY CORPS OF ENGINEERS
• NATIONWIDE PERMIT 12 (UTILITY LINE ACTIVITIES)...
Water Quality Certification Number 4133 is issued in conformity with the requirements of
Section `4Q1, Public Laws 92-500 and 95-217 of the United States and subject to the North
Carolina Regulations in 15A NCAC 82H -.0500 and 15A NCAC 026.0200 for the discharge of fill
material to surface waters and wetland areas as described in 33 CFR 330 Appendix A (B) (12) 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 hereinaftersetforth.
Effective date: December 1, 2017
Signed this day: December, 1, 2017
By

GC4133
Activities meeting any one (1) of the following thresholds or circumstances require written
anaroval for a 401 Water Quality Certification from the Division of Water Resources (SWR):
a) If .any of the Conditions of this Certification (listed below) cannot be met; or .
b) Total permanent impacts to wetlands or open waters equal to or greater than. one-tenth
(1/10) acre within the entire utility project; or
c) Any permanent impacts to streams; or
d) Total temporary impacts to streams greater than 500 feet within the entire utility
project; or
e) Any stream relocation or stream restoration or
f} Any high-density utility line and associated facilities project, as defined in 15A NCAC 02H
.1003(2)(a) sand 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
iiL LHas .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: l or .a state -approved local -government stormwater
program
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 permanent impacts to waters, or to wetlands adjacent to waters, designated .as:
ORW (including SAV), HQW ((including'PNA) SA, WS -I, WS -11, Trout, or North Carolina or
National Wild and Scenic River; 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 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 impacts to subject water 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:
L 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
1 e.g. Coastal Counties, HQW, ORW, or state -implemented Phase II NPDES
2. e.g. Delegated Phase f1 NPDES, Water Supply Watershed, Nutrient -Sensitive Waters, or Universal stormwater
Management Program
Page 2 of 12

GC4133
A Buffer Authorization Certificate or a Minor Variance is issued by a delaB ated.or
designated local government implementing a state ripardk
ian 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.
I. ACTIVITY SPECIFIC CONDITIONS:
1. All sewer lines shall be designed, constructed and maintained in accordance with Title 15A
N CAC ,Chapter 02T.
2. 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. Exceptions to thiscondition
require application to and written approval. from DWR. [15A. NCAC 02H .0506 (b)(4) and
(c)(4)]
3. Where there are temporary or permanent impacts from stream crossings, utility lines shall
cross the stream channel. at anear-perpendicular direction (i.e.,. between 75 degrees and
105 degrees to the. stream bankj. Exceptions to this condition require application to and.
written approval. from. DWR. [15A NCAC 02H .056 (b)(2) and (c)(2)]
4. Construction corridors in wetlands and across stream` channels shall be minimized to the
maximum extent .practicable. and shall. not exceed 50 feet. wide for. gas. utility lines .and 40
feet wide for all otherutility lines. Exceptions to this condition require application to and
written approval from DWR. [15A NCAC 02H .0506 (b)(2` and (c)(2)]
For construction corridors in wetlands and across steam channels, stumps shall be rubbed
g
only'as needed to install the utility and remaining stumps shall be cut off atg rade level. The
general stripping of topsoil within wetlands along the construction corridor is not
permitted.
5. Permanent maintained access corridors in wetlands and ,across stream channels shall be
restricted to the minimum width practicable and'shall notexceed 30 feet wide for gas utility
lines and 20 feet wide for all other:utility lines except at manhole locations. 15 -foot by 15 -
foot perpendicular perpendicular vehicle turnarounds shall be allowed in access corridors but must be
spaced at least 500 feet apart. Exceptions to this condition require application to and
written approval from DWR. [15A NCAC 02H .0506 (b)(2).and (c)(2)]
6. For all utility lines constructed within wetlands, an anti -seep collar shall be placed at the
downstream (utility line gradient) wetland boundary and eve 150 feet u the gradient
every p g
until the utility exits the wetland. Anti -seep collars may be constructed with class B
concrete, compacted clay, PVC pipe, or metal collars, Wetland. crossin s :that are
g
.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
Page 3 of 12

GC4133
infiltration- of 1 X 10'5 cm/sec or less. A section and plan view diagram is attached for the
anti -seep collars. [15A NCAC 02H .0506 (b)(4) and (c)(4)]
The following specifications shall apply to class B concrete:
a. Minimum cement content, sacks per cubic yard with rounded coarse aggregate 5.0
b. Minimum cement content, sacks per cubic yard with angular coarse aggregate 5.5
c. Maximum water -cement ratio gallons per sack 6.8
d. Slump range 2" to 4"
e. Minimum strength - 28 -day psi 2,500
7.The applicant shall have a specific plan for restoring wetland contours. Any excess material
will be removed to a high ground disposal area. [15A NCAC 02H .0506 (b)(2) and (c)(2)]
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 will
be piled separately from subsoils and will be backfilled into the trench only after the
subsoils have been placed and compacted.
80 .For the North Carolina Department, , of Transportation, compliance with the NCDOT's
P .
individual NPDES permit NCS000250 shall serve to satisfy this condition. All other high-
density v utilit line and associated facilities projects that trigger threshold Item (f) 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 managementshall 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. l 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 to and written approval from DWR.
lie GENERAL CONDITIO. NS:
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
Certification. Any modifications to the project require notification to DWR and may require
an application submittal to DWR with the appropriate fee. [1.5A NCAC 02H.0501 and .0502]
Page 4 of 12

GC4133
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
g P
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 .15A NCAC 02H .0506(h)-. and Session Law 2017-10 . compensatory
( P ry
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
g
requirement. For linear publicly owned and maintained transportation projects that are not
determined to be part of a larger common pian 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 conduct mitigation within a
P 8 R
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 mP acts.
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. 115A
NCAC 02H .0506 (b)(3) and `(c)(3) and 15A NCAC 02B 90200)
Design, installation, operation, . and maintenance of all sediment and erosion control
measures shall, be equalto. 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 NCQOT Sediment and Erosion Control Manual.,
All devices shall be maintained on. all._ construction sites borrow sites and waste ile(spoil)P
Sites,, including contractor -owned or leased borrow pits associated with theproject.
Sufficient materials required for stabilization and/or repair of erosion control measures and
stormwater routing and treatment shall be on site at all times.
Page 5 of 12

GC4133
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 -1, WS -11, High Quality Waters (HQW), or.Out. Resource Waters (ORW), then the
sedimentation and erosion control designs shall comply with the requirements set forth in
15A NCAC 048.0124, 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
NCAC 02H .0501 and .0502]
76 .Erosion control matting that incorporates plastic mesh and/or plastic twine .shall not. be
used along streambanks or within wetlands. Exceptions to#his condition require
application to and written approval from DWR. [15A' NCAC 026.0201].
8. An NPDES Construction Stormwater Permit (NCGO10000) is required -for construction
projects, thatdisturb.: one (1) or more acres of land. The NCG010000 Permitallows.
stormwater to be discharged during land disturbing construction activities as stipulated in
1.
.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 (NICS000250) stormwater permit. [15A NCAC 02H
.0506(b)(5) and (c)(5)]
9. All work in or adjacent to streams shallbe 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 NG 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 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. [15A NCAC 02H .0506
(b)(2) and 15A NCAC 046 .0125J
Page 6 of 12

GC4133
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 profileof 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 (6)(2)]
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 tocatonl: map -of the culvert, geotechnical reports,
photographs, etc. shall be provided to DWR. a minimum -of 6.0 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 7 of 12

GC4133
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 FEIVIA-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 fioodway 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. [15ANCAC102H.0506(b)(5)]
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 N CAC 02B.0200]
15. All proposed and approved temporaryfill 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. [15.A NCAC 02H
.0506(b)(2) and (c)(2)]
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 Caroline 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. [15A NCACO2H .0506_(b)(2) and. (c)(2)]
Page 8 of 12

GC4133
17. 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 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 Q2H .0506(b)(2)]
19. Applications for rip -rap groins proposed in accordance with 15A NCAC 07H .1401 (NC
Division of Coastal Management General Permit forconstruction of Wooden and Rip -rap
Groins in. Estuarine and. Public.. Trust Waters) shallmeet all the specific conditionsfor design
and construction specified in 15A NCAC 07H .1405.
20. All mechanized equipment operated near surface waters shall be inspected and maintained
regularly to prevent contamination of stream 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. [15A NCAC
02H .0506(b)(3) and (c)(3), and 15A NCAC 026..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(ti)(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 Environrnental Policy Act (SEPA),
then this General Certification is not valid until'a Finding of No Significant Impact (FONSI) or
Record of- -Decision (RGDIhs 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)]
Page 9 of 12

GC4133
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. Thea applicant and their authorized agents shall conduct all activities in a manner consistent
Pp �
with State water quality standards (including any. requirements resulting from compliance
with §303(d) of the Clean Water Act), and any other appropriate requirements of State and
Federal Law. If 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.
r
[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 thin 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
27. 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:I/e docs.dep.nc.gov/Forms/Certificate=of Completion). (15A: NCAC 02H
.0502(fl]
28. Additional site -'specific conditions, including -monitoring and/or modeling requirements,
maybe added to the written approval letter for projects. proposed under this Water Quality -
Certifcation 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 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 .0502]
111. GENERAL CERTIFICATION ADMINISTRATION:
1. In accordance with. North Carolina General Statute 143-215.3D(e), written approval for a
401 Water Quality General Certification must include the appropriate fee. An applicant for
a LAMAp ermit 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 in, accordance with 143-215.31)(e)(7).
Page 10 of 12

GC4133
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 an '
y 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 ao 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
. 8 q Y
of the withdrawal 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
p rtY
during normal business hours. [15A NCAC 02H.0502(e)]
4. This General Certification shall expire on the same da as the ex' iration date of the
Y p
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 theexpiration date of this Certification. This General
Certification is. rescinded when the US Army Corps of Engineers reauthorizes an of the
Y
corresponding Nationwide Permits:: and/or Regional General Permits or when deemed
appropriate by the Director of the Division of (Nater Resources.
S. 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. 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 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 degra'de'the waters so that existing uses of the water or
downstream waters are precluded.
History Note: Wafer Quality Certification (W(JC) Number 4133 issued December 1, 2027
replaces WQC 4086 issued March 3, 2017; WQC 3884 issued March 19, 2012; WQC Number
M_ _a_rch_19, 2p1O;._.WQC. Number 3699 _ ssued November 1,_ ZaD7; . (_2C .Number 3625 --..--- _ _----
issued March. 19, 2007; WQC Number 3374 issued March 18, 2002; WQC Number 3288 issued
June 1, 2000; WQC Number 3101 issued February 11, 1997; WQC Number 3022 issued
September 6., 1995, WQC Number 2664 issued January 21,, 19921F
Page 11 of 12

GC4133
ANTI -SEEP COLLAR
PLAN
Page 12 of 12