20141082 Ver 3_Another DWR response to Consultant for Wanchese Marina_20190802

From:
Scarbrauah. Anthony
To:
Mike Morway
Subject:
RE: [External] Wanchese Marina
Date:
Friday, August 2, 2019 3:41:00 PM
Attachments:
GC4175.odf
GC4144 GP 291.odf
Mike,
Please find attached the previous GC 4144. The current general certification associated with the GP0291 is GC 4175. If
you have any further questions, please feel free to contact me.
Regards,
Anthony Sc2rbraugh
Envira�pme�aial �5�aeialisf If Water Resources
jg�
North Carolina Department of Environmental Qu2hty
252.948.3924 (Office)
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Anthony- Sc2rbraugh@ncdeur_gov-
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From: Mike Morway [mailto:[e-mail]]
Sent: Friday, August 2, 2019 9:24 AM
To: Scarbraugh, Anthony <[e-mail]>
Subject: RE: [External] Wanchese Marina
CAUTION:not click links or open attachmen
Thanks for the information Anthony. This has been extremely frustrating for me trying to pick up this endeavor without
having been involved with the project in the past so I appreciate you providing me some of this history. I was looking
for the GC 4144 mentioned in the earlier 401 WQ Certification. I could not find it on the DWQ website that contains
the other general certifications. Could you let me now where to find it or send me a copy of this so I can attempt to
bring some closure on this side.
Thanks again,
Michael J. Morway, PE
Albemarle and Associates, LTD
PO Box 3989
Kill Devil Hills, NC, 27948
Ph: 252-441-2113
Fx: 252-441-0965
email: mikemaalbemarleassociates.com
web: www.albemarleassociates.com
The information contained in this email message and any
attachments is confidential information intended only for the use of individuals
or entities named above. If the reader of this message is not the intended
recipient you are hereby notified that any dissemination, distribution or
copying of this communication is strictly prohibited. If you have received
this email in error, please notify us immediately by email at the originating

address.
From: Scarbraugh, Anthony<anthony.scarbraugh(@ncdenr.gov>
Sent: Friday, August 02, 2019 7:44 AM
To: Mike Morway<[e-mail]>
Cc: Bodnar, Gregg <[e-mail]>; John Delucia <[e-mail]>; Jamie Hatchell
<jamie(@hatchellconcrete.com>; Edgerton, Thom <thom.edgertonna ncdenr.gov>; Tankard, Robert
<robert.tankardna ncdenr.gov>; Bodnar, Gregg <gregg.bodnarna ncdenr.gov>; Renaldi, Ronald
<ronald.renaldi(@ncdenr.gov>
Subject: RE: [External] Wanchese Marina
Mr. Morway,
Please see the response to your inquiries below. If this doesn't resolve your concerns, I would recommend a meeting
at our office to discuss your concerns with the respective agencies.
Regards,
Anthony Scarbraugh
Anthony Scarbraugh
. v D � Er�viranmeeFrial Speeialisf 11 Aater Resources
Forth Carolina Department of Environmental Quality
Y, ... Q5 252.948.3924 (Office)
Antbony-Scarbraugfi@0cdmw gav
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may be a scOW b UW pybn
From: Mike Morway[ma iIto: [e-mail]]
Sent: Thursday, August 1, 2019 5:35 PM
To: Scarbraugh, Anthony<anthony.scarbraughCcDncdenr.gov>
Cc: Bodnar, Gregg <gregg.bodnar(a ncdenr.gov>; John Delucia <johndna albemarleassociates.com>; Jamie Hatchell
<[e-mail]>
Subject: RE: [External] Wanchese Marina
CAUTION:not click links or open attac
Thank you very much for the response Anthony. I was out of the office yesterday afternoon and nearly all of today so I
apologize for the delay.
I had done quite a bit of review of the applicable regulations over the past couple of weeks and read through most if
not all of the document in the link you provided. I understand the project is a "marina" as defined 15A NCAC 07H
.0208(b)(5), we certainly are not questioning that point. I am not seeing where the fact that a project is a marina brings
about the requirement that it needs to obtain a NCG190000 permit. There a numerous documents in the link provided
which indicate that a marina that provides vehicle maintenance (including washing) requires NCG190000. Below is a
screenshot from the link you provided that directly states this point.

NCG190000 NPDES General Stormwater Permit
The NCG190000 permit is required for the following types of facilities:
1. SIC 4493 G : Marinas who provide vehicle (also known as vessel)
maintenance. VehlcLe maintenance activities may include. pressure -washing,
commercial hand -washing, painting, paint removal. sand blasting, boat building
and repairs.
2, SIC 373 E ; Ship/Boat Building and Repairing facilities.
If in fact ANY project that qualifies as a marina is required to obtain NCG190000, has this been a recent change? The
was a CAMA permit issued on 3/28/2018 for this project and there was not a requirement to obtain NCG190000 at
that time.
I have copied Mr. Thom Edgerton with DEMLR regarding the requirements on the NCG190000. Please see the email to
Mr. Delucia dated February 15, 2018 regarding the requirements on an NCG190000 permit from the previous minor
modification request received by the DWR on January 31, 2018.
Regarding comment #3 —There is a fish rinse station on the site that has been in place for a long time. Dumpsters are
provided within the cleaning area for disposal of waste. I am not understanding what aspect of the 2019 submittal
triggered this requirement that did not apply in the 2018 submittal. We are not requesting any new fish cleaning /
packing / processing facilities so I am not understand why we would be pursuing NCG530000.
The wastewater generated from cleaning of the fish for commercial use will trigger the requirements for the
NCG530000. As for the previous authorization issued 401 Water Quality Certification issued under DWR Project No.
14-1082 V2 (attached) on March 5, 2018 that required no written concurrence from the Division, no information was
provided regarding cleaning station in the minor modification request package.
Thank you,
Sincerely,
Michael J. Morway, PE
Albemarle and Associates, LTD
PO Box 3989
Kill Devil Hills, NC, 27948
Ph: 252-441-2113
Fx: 252-441-0965
email: mikem _ albemarleassociates.com
web: www.albemarleassociates.com
The information contained in this email message and any
attachments is confidential information intended only for the use of individuals
or entities named above. If the reader of this message is not the intended
recipient you are hereby notified that any dissemination, distribution or
copying of this communication is strictly prohibited. If you have received
this email in error, please notify us immediately by email at the originating
address.

From: Scarbraugh, Anthony<anthony.scarbraugh(@ncdenr.gov>
Sent: Wednesday, July 31, 2019 9:07 AM
To: Mike Morway <mikem analbemarleassociates.com>
Cc: Bodnar, Gregg <greee.bodnar(a ncdenr.gov>; John Delucia <johndna albemarleassociates.com>
Subject: RE: [External] Wanchese Marina
Mr. Morway,
See response to your questions below.
Regards,
Anthony Scarbraugh
LEHV!MW?Z0 ,21 Speefa2is1 11 Water Resources
North Carollm Deparmient ofEnvi Environmental Quahh
252.948.3924 (Office)
Lq�
Anthony. [e-mail]
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may be aLOa ed to UWpyfn
From: Mike Morway[mailto:mikem(@albemarleassociates.com]
Sent: Tuesday, July 30, 2019 5:16 PM
To: Scarbraugh, Anthony<anthony.scarbraugh(@ncdenr.gov>
Cc: Bodnar, Gregg <gregg.bodnarPncdenr.gov>; John Delucia<johnd(@albemarleassociates.com>
Subject: [External] Wanchese Marina
or open attachments unless you verify. Send all suspicious email as an attachment to
v �-I
Good Afternoon Anthony,
I hope things are well with you. John Delucia has been pretty busy and had asked me to assist with the Wanchese
Marina. Unfortunately I have not been involved in the project and has thus taken me some time to look through the
project history and understand were the project currently stands. I understand that the recent submittal was a
modification to a previously approved application in which the following was being requested:
- Rebuild former fish house on existing building pad (1920 sf)
- Construct finger pier for proposed boats lips (26-81)
- Replace portions of existing bulkhead
- Widen Channel entrance to north basin
- Repair existing wooden walkway
In reviewing your comments, It appears that #1 & #2 are related. As I follow the requirements, installing a boat wash
would trigger the need to obtain NCG19000. However, I cannot see where installing a boat wash has been identified
on the plan or otherwise noted in application or narrative. Can you please let me know what has triggered comments 1
& 2?
The activities as proposed would be considered a marina as defined under 15A NCAC 07H .208(b)(5) and therefore
must met the requirements of NCG190000 (see link below for information). Additionally, if no maintenance activities
are to take place on the site including washing down of boats then state that in your response. If maintenance
activities are to take place then the requirements under 15A NCAC 02T .1003(a)(3) (see attached) will have to be met.

Guidance Tools for Marinas and Boatyards:
htt sp •//deq.nc.gov/about/divisions/water-resources/water-resources ep rmit-guidance/wetlands-com lip ance-
assistance/marinas
Comment #3 refers to the requested "rebuilding fish house'. In discussing this with the owner, it is not the intent that
the rebuilt structure would be utilized as a "fish house" for processing or packing seafood. I am assuming it was used as
such in the past which explains why it was labeled that way. The intent is to utilize the structure for storage of
equipment in support of the surrounding fishing activities.
As stated above in previous response, the facility is a marina and provides the serve of fish cleaning via the existing
cleaning station and therefore the requirements for a NCG530000 (see link) or individual permit are applicable. Unless
wastewater generated during the cleaning activities is captured and treated via on-site or off-site permitted
wastewater facility.
Fish & Seafood Packing/Rinsing/Fish Farms
htt sp •//deq.nc.gov/about/divisions/water-resources/water-quality permitting/npdes-wastewater/npdes-permitting-2
Please review this items and contact me as soon as you can. I apologize I have not been able to reach you earlier, as I
noted it has taken me some time to wrap my hands around what the project is about. I left you a message earlier this
afternoon, so hopefully with this information we can have a brief conversation and understand what needs to happen
to proceed, as I believe we are nearing the response date. Please call me at the number below, or on my mobile at
252-599-6441. 1 should be in the office most of tomorrow, but not so much on Thursday. You can reach me at one of
those numbers.
Thank you for you help with this project,
Michael J. Morway, PE
Albemarle and Associates, LTD
PO Box 3989
Kill Devil Hills, NC, 27948
Ph: 252-441-2113
Fx: 252-441-0965
email: mikemO)albemarleassociates.com
web: www.albemarleassociates.com
The information contained in this email message and any
attachments is confidential information intended only for the use of individuals
or entities named above. If the reader of this message is not the intended
recipient you are hereby notified that any dissemination, distribution or
copying of this communication is strictly prohibited. If you have received
this email in error, please notify us immediately by email at the originating
address.

STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF WATER RESOURCES
MATER QUALITY GENERAL CERTIFICATION NO. 417
GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR US ARMY CORPS OF ENGINEERS
* REGIONAL GENERAL PERMIT NUMBER 198000291 (NC COASTAL AREA MANAGEMENT
ACT),
* REGIONAL GENERAL PERMIT NUMBER 201801536 (MARSH SILLS)
* NATIONWIDE PERMIT NUMBER 48 (COMMERCIAL SHELLFISH AQUACULTURE
ACTIVITIES),
■ NATIONWIDE PERMIT NUMBER 54 (LIVING SHORELINES) AND
* WHEN APPLIED TO LAMA PERMITS, REGIONAL GENERAL PERMIT NUMBERS
198000048, 198700056, 197800080, 197800125 AND 198200277 AND NATIONWIDE
PERMIT NUMBERS 3, 12, 13, 14, 18, 27, 29, 33, 35, 39, AND 54
Water Quality Certification Number 4175 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 Regional General Permits
198000291, 198000048, 198700056, 197800080, 197800125, and 198200277 and in 33 CFR 300
Appendix A (B) (3, 12, 13, 14, 18, 27, 29, 33, 35, 39, 48, and 54) of the US Army Corps of
Engineers Regulations,
The State of North Carolina certifies that the specified category of activity will not violate
applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-
217 if conducted in accordance with the conditions hereinafter set forth.
Effective date: February 1, 2019
Signed this day: February 1, 2019
7A
for Linda Culpepper, Director

GC4175
Activities meeting any one (1) of the following thresholds or circumstances require written
approvaa' for a 401 Water Quality Certification from the Division of Water Resources (DWR):
a) Activities authorized by CAMA Major Development Permits, except:
i) Boat Ramps and associated access (i.e. roads and parking lots) that involve the
excavation or filling of less than 500 square feet total of wetland and open water
area, with the exception that the excavation or filling of coastal wetlands (as
defined in 15A NCAC 07H .0205) shall not exceed 100 square feet;
ii) Shoreline protection measures (excluding living shorelines/marsh sills) that (1)
tie into existing bulkheads, land or other shoreline protection measures or (2) do
not extend waterward of the normal high water or normal water line more than
10 feet, provided the activity will not involve the excavation or filling of any
Submerged Aquatic Vegetation (SAV) or significant shellfish resources (as
identified by the Division of Marine Fisheries) and impacts less than 500 square
feet total of wetland, with the exception that the excavation or filling of coastal
wetlands (as defined in 15A NCAC 07H .0205) shall not exceed 100 square feet;
iii) Living shorelines/marsh sills where (1) the landward edge of the sill does not
extend waterward of the normal high water or normal water line more than 30
feet or five feet waterward of the existing wetlands whichever distance is
greater, (2) the activity will not involve the excavation or fill of any Submerged
Aquatic Vegetation (SAV) or significant shellfish resources (as identified by the
Division of Marine Fisheries), and (3) does not result in any fill landward of the
toe of the sill alignment, provided the Division of Coastal Management
representative submits a copy of the written authorization for the General
Permit to the Division upon issuance; or
iv] Piers and docks designed to accommodate up to but not exceeding 10 vessels
(except where prohibited in Outstanding Resource Waters (ORW) as defined in
15A NCAC 026.0225(7) & (8)) and where the water depth is equal to or greater
than two feet of water at normal low water level or normal water level
(whichever is applicable);
v) Maintenance dredging of less than 0.5 acres of open water or non -vegetated
wetlands, provided that the applicant can provide documentation showing the
historic dimensions of the dredged channel, and no SAV or shellfish beds are
excavated or filled;
vi) Projects that involve only shading of waters or wetlands that do not meet the
criteria listed in item (iv) above;
vii) Utility lines, except wastewater lines and potable water discharge lines which are
subject to an NPDES Permit, as long as all impacts are temporary;
viii)Upland development which involves no more than 1/10 of an acre of excavation
or filling of non -coastal wetlands, with the exception that no more than 2,000
square feet of the non -coastal excavation or filling may take place within a
Coastal Shoreline Area of Environmental Concern (AEC). For the purposes of this
area calculation, the excavation or filling impacts of the entire project shall be
Page 2 of 12

GC4175
considered, which may include boat ramps, bulkheads or other shoreline
stabilization measures; and
ix) Single family home construction that results in fill of 404 jurisdictional wetlands
as long as written concurrence is not required from DWR for the applicable US
Army Corps of Engineers Nationwide Permit; or
b) Commercial shellfish aquaculture activities that qualify for Nationwide Permit 48, provided
the Division of Marine Fisheries (DMF) Lease Program submits the proposed site map and
investigation report to DWR for comment prior to the DMF Director's recommendation on
the application for public notice or denial; or
c) Any stream relocation or stream restoration; or
d) Any high-density project, as defined in 15A NCAC 02H .1003(2)(a) and by the density
thresholds specified in 15A NCAC 02H .1017, which:
i) Disturbs one acre or more of land (including a project that disturbs less than one
acre of land that is part of a larger common plan of development or sale); and
ii) Proposes permanent wetland, stream or open water impacts; and
iii) Proposes 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
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
e) Any impacts to SAV or significant shellfish resources as identified by the (DMF); or
f) Any impacts Unique Wetlands (UWL); or
g) 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
h) Any impacts to subject water bodies and/or state regulated riparian buffers along subject
water bodies in the Neuse or Tar -Pamlico River Basins (or any other basin or watershed with
State Regulated Riparian Area Protection Rules [Buffer Rules] in effect at the time of
application) unless:
i) The activities are listed as "EXEMPT" from these rules; or
ii) A Buffer Authorization Certificate is issued by the NC Division of Coastal
Management (DCM); or
iii) A Buffer Authorization Certificate or a Minor Variance is issued by a delegated or
designated local government implementing a state riparian buffer program
pursuant to 143-215.23.
' e.g. Coastal Counties, HQW, ORW, or state -implemented Phase 11 NPDES
2 e.g. Delegated Phase 11 NPDES, Water Supply Watershed, Nutrient -Sensitive Waters, or Universal Stormwater
Management Program
Page 3 of 12

GC4175
Activities included in this General Certification that do not meet one of the thresholds listed
above do not require written approval. Activities authorized by Coastal Area Management
Act (LAMA) General Permits do not require written approval from the Division as long as they
comply with all of the Activity Specific and General Conditions of this Certification listed
below. In any of the Activity Specific or General Conditions of this Certification listed below
cannot be met, then written approval from the Division is required.
I. ACTIVITY SPECIFIC CONDITIONS:
1. The effluent water from the dredge spoil shall not be released into open shellfish waters
unless Shellfish Sanitation and the DWR Washington (252-946-6481) or Wilmington (910-
755-7215) Regional Office, as applicable, are notified and provide approval prior to the
release. [15A NCAC 02B .02211
2. If this Water Quality Certification is used to access residential, commercial or industrial
building sites, then all parcels owned by the applicant that are part of the single and
complete project authorized by this Certification must be buildable without additional
impacts to streams or wetlands. If required in writing by DWR, the applicant shall provide
evidence that the parcels are buildable without requiring additional impacts to wetlands,
waters, or state regulated riparian buffers. [15A NCAC 02H .0506(b)(4) and (c)(4)]
3. For road construction purposes, this Certification shall only be utilized from natural high
ground to natural high ground. [15A NCAC 02H .0506(b)(2) and (c)(2)]
4. Deed notifications or similar mechanisms shall be placed on all lots with retained
jurisdictional wetlands, waters, and state regulated riparian buffers within the project
boundaries in order to assure compliance with NC Wetland Rules (15A NCAC 02H .0500), NC
Isolated Wetland Rules (15A NCAC 02H .1300), and/or State Regulated Riparian Buffer Rules
(15A NCAC 02B .0200). These mechanisms shall be put in place at the time of recording of
the property or individual parcels, whichever is appropriate. [15A NCAC 02H .0506(b)(4) and
(c)(4)]
5. For living shorelines, the sills shall have at least one five-foot opening every 100 feet and
may be staggered or overlapped or left open as long as the five-foot separation between
sections is maintained. Overlapping sections shall not overlap more than 10 feet. [15A
NCAC 02H .0506(b)(4) and (c)(4)]
6. For living shorelines, the permittee shall employ all sedimentation and erosion control
measures necessary to prevent an increase in sedimentation and turbidity within waters
and wetlands outside the permitted area. This shall include, but is not limited to, the
immediate installation of silt fencing, turbidity curtains or similar appropriate devices
around all areas subject to soil disturbance. Additionally, the project must remain in full
compliance with all aspects of the Sedimentation Pollution Control Act and the Mining Act
of 1971. [15A NCAC 02H .0506(b)(4) and (c)(4)]
Page 4 of 12

GC4175
7. 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 (f) above shall comply with one of the following
requirements: [15A NCAC 02H .0506(b)(5) and (c)(5)]
a. Provide a completed 5tormwater 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. 5tormwater 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 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]
2. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the
footprint of the impacts (including temporary impacts) as authorized in the written approval
from DWR; or beyond the thresholds established for use of this Certification without
written authorization. [15A NCAC 02H .0501 and .0502]
No removal of vegetation or other impacts of any kind shall occur to state regulated riparian
buffers beyond the footprint 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
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
Page 5 of 12

GC4175
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
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.
S. 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)t3) and 15A NCAC 02B .02001
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 NCD OT Sedim en t and Erosion Control Manual.
All devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil)
sites, including contractor -owned or leased borrow pits associated with the project.
Sufficient materials required for stabilization and/or repair of erosion control measures and
storrnwater routing and treatment shall be on site at all times.
For borrow pit sites, the erosion and sediment control measures shall be designed,
installed, operated, and maintained in accordance with the most recent version of the
North Carolina Surface Mining Manual. Reclamation measures and implementation shall
comply with the reclamation in accordance with the requirements of the Sedimentation
Pollution Control Act and the Mining Act of 1971.
If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs), SA,
WS -I, WS -Ii, High Quality Waters (HQW), or Outstanding Resource Waters (ORW), then the
sedimentation and erasion 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 .05021
Page 6 of 12

GC4175
7. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be
used along streambanks or within wetlands. Exceptions to this condition require
application to and written approval from DWR. [15A NCAC 02B .02011
8. An NPDES Construction stormwater Permit (NCG010000) 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. 115A
NCAC 02H .0506(b)(5) and (c)(5)]
The North Carolina Department of Transportation (NCDOT) shall be required to be in full
compliance with the conditions related to construction activities within the most recent
version of their individual NPDES (NCS000250) stormwater permit. [15A NCAC 02H
.0506(b)(5) and (c)(5)]
9. All work in or adjacent to streams shall be conducted so that the flowing stream does not
come in contact with the disturbed area. Approved best management practices from the
most current version of the NC Sediment and Erosion Control Manual, or the NC DOT
Construction and Maintenance Activities Manual, such as sandbags, rock berms,
cofferdams, and other diversion structures shall be used to minimize excavation in flowing
water, Exceptions to this condition require application to and written approval from DWR.
[15A NCAC 02H .0506(b)(3) and (c)(3)]
10. If activities must occur 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 04B.0125)
All moratoriums on construction activities established by the NC Wildlife Resources
Commission (WRC), US Fish and Wildlife Service (USFWS), NC Division of Marine Fisheries
(DMF), or National Marine Fisheries Service (NMFS) shall be implemented. Exceptions to
this condition require written approval by the resource agency responsible for the given
moratorium. A copy of the approval from the resource agency shall be forwarded to DWR.
Work within a designated trout watershed of North Carolina (as identified by the
Wilmington District of the US Army Corps of Engineers), or identified state or federal
endangered or threatened species habitat, shall be coordinated with the appropriate WRC,
USFWS, NMFS, and/or DMF personnel.
11. Culverts shall be designed and installed in such a manner that the original stream profiles
are not altered and allow for aquatic life movement during low flows. The dimension,
pattern, and profile of the stream above and below a pipe or culvert shall not be modified
by widening the stream channel or by reducing the depth of the stream in connection with
the construction activity. The width, height, and gradient of a proposed culvert shall be
Page 7 of 12

GC4175
such as to pass the average historical low flow and spring flow without adversely altering
flow velocity. [15A NCAC 02H .0506(b)(2) and (c)(2)]
Placement of culverts and other structures in streams shall be below the elevation of the
streambed by one foot for all culverts with a diameter greater than 48 inches, and 20% of
the culvert diameter for culverts having a diameter less than or equal to 48 inches, to allow
low flow passage of water and aquatic life,
If multiple pipes or barrels are required, they shall be designed to mimic the existing stream
cross section as closely as possible including pipes or barrels at flood plain elevation and/or
sills where appropriate. Widening the stream channel shall be avoided.
When topographic constraints indicate culvert slopes of greater than 5%, culvert burial is
not required, provided that all alternative options for flattening the slope have been
investigated and aquatic life movement/connectivity has been provided when possible (e.g.
rock ladders, cross vanes, etc.). Notification, including supporting documentation to include
a location map of the culvert, culvert profile drawings, and slope calculations, shall be
provided to DWR 60 calendar days prior to the installation of the culvert.
When bedrock is present in culvert locations, culvert burial is not required, provided that
there is sufficient documentation of the presence of bedrock. Notification, including
supporting documentation such as, a location map of the culvert, geotechnical reports,
photographs, etc. shall be provided to DWR a minimum of 60 calendar days prior to the
installation of the culvert. If bedrock is discovered during construction, then DWR shall be
notified by phone or email within 24 hours of discovery.
If other site-specific topographic constraints preclude the ability to bury the culverts as
described above and/or it can be demonstrated that burying the culvert would result in
destabilization of the channel, then exceptions to this condition require application to and
written approval from DWR.
Installation of culverts in wetlands shall ensure continuity of water movement and be
designed to adequately accommodate high water or flood conditions. When roadways,
causeways, or other fill projects are constructed across FEMA -designated floodways or
wetlands, openings such as culverts or bridges shall be provided to maintain the natural
hydrology of the system as well as prevent constriction of the floodway that may result in
destabilization of streams or wetlands.
The establishment of native woody vegetation and other soft stream bank stabilization
techniques shall be used where practicable instead of rip -rap or other bank hardening
methods.
Page 8 of 12

GC4175
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 ❑WR. [15A NCAC 02H .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 0213 .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 temporary fill and culverts shall be removed and the impacted
area shall be returned to natural conditions within 60 calendar days after the temporary
impact is no longer necessary. The impacted areas shall be restored to original grade,
including each stream's original cross sectional dimensions, planform pattern, and
longitudinal bed profile. For projects that receive written approval, no temporary impacts
are allowed beyond those included in the application and authorization. All temporarily
impacted sites shall be restored and stabilized with native vegetation. [15A NCAC 02H
.0506(b)(2) and (c)(2)]
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 Monual 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)]
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 C2H .0506(b)(2)]
Page 9 of 12

GC4175
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 shall be inspected and maintained
regularly to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids,
or other toxic materials. Construction shall be staged in order to minimize the exposure of
equipment to surface waters to the maximum extent practicable. Fueling, lubrication and
general equipment maintenance shall be performed in a manner to prevent, to the
maximum extent practicable, contamination of surface waters by fuels and oils. [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 cleaned up within 24 hours.
23. If an environmental document is required under the State Environmental Policy Act (SEPA),
then this General Certification is not valid until a Finding of No Significant Impact (FONSI) or
Record of Decision (ROD) is issued by the State Clearinghouse. If an environmental
document is required under the National Environmental Policy Act (NEPA), then this
General Certification is not valid until a Categorical Exclusion, the Final Environmental
Assessment, or Final Environmental Impact Statement is published by the lead agency [15A
NCAC 01C .0107(a)]
24. This General Certification does not relieve the applicant of the responsibility to obtain all
other required Federal, State, or Local approvals before proceeding with the project,
including those required by, but not limited to Sediment and Erosion Control, Non -
Discharge, Water Supply Watershed, and Trout Buffer regulations.
25. The applicant and their authorized agents shall conduct all activities in a manner consistent
with State water quality standards (including any requirements resulting from compliance
with §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.
[15A NCAC 02H .0507(d)]
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CC4175
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 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 certificate of completion (available on the DWR
website https://edocs. deg. nc.gov/Fo rms/Certif icate-of-Com pletion). [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
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 said 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]
GENERAL CERTIFICATION ADMINISTRATION:
I. 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 143-215.3D(e)(7).
2. This Certification neither grants nor affirms any property right, license, or privilege in any
waters, or any right of use in any waters. This Certification does not authorize any person
to interfere with the riparian rights, littoral rights, or water use rights of any other person
and this Certification does not create any prescriptive right or any right of priority regarding
any usage of water. This Certification shall not be interposed as a defense in any action
respecting the determination of riparian or littoral rights or other rights to water use. No
consumptive user is deemed by virtue of this Certification to possess any prescriptive or
other right of priority with respect to any other consumptive user regardless of the quantity
of the withdrawal or the date on which the withdrawal was initiated or expanded.
3. This Certification grants permission 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)]
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GC4175
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 the project, regardless of the expiration date of this Certification. This General
Certification is rescinded when the US Army Corps of Engineers reauthorizes any of the
corresponding Nationwide Permits and/or Regional General Permits or when deemed
appropriate by the Director of the Division of Water Resources.
5. Non-compliance with or violation of the conditions herein set forth by a specific project may
result in revocation of this General Certification for the project and may also result in
criminal and/or civil penalties.
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 degrade the waters so that existing uses of the water or
downstream waters are precluded.
History No Water Quolity Certification (WQC) Number 4175 issued February 1, 2019 replaces
WQC 4175 issued December 14, 2018; WQC 4144 issued December 1, 2017; WQC 4097 issued
March 5, 202 7; WQC !Number 3900 issued March 19, 2012; WQC Number 3641 and 364.2 issued
March 19, 2007; WQC Numbers 3371 and 3400 issued March 18, 2002; WQC Number 3274
issued June 1, 2000; WQC Number 3112 issued February 11, 1997; and WQC Number 3025
issued September 6, 1995.
Page 12 of 12

STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF WATER RESOURCES
WATER QUALITY GENERAL CERTIFICATION NO. 4144
GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR US ARMY CORPS OF
ENGINEERS
• REGIONAL GENERAL PERMIT NUMBER 198000291 (NC COASTAL AREA
MANAGEMENT ACT),
• NATIONWIDE PERMIT NUMBER 48 (COMMERCIAL SHELLFISH
AQUACULTURE ACTIVITIES),
• NATIONWIDE PERMIT NUMBER 54 (LIVING SHORELINES) AND
• WHEN APPLIED TO CAMA PERMITS, REGIONAL GENERAL PERMIT
NUMBERS 198000048, 198700056, 197800080, 197800125 AND 198200277
AND NATIONWIDE PERMIT NUMBERS 3,12, 13, 14, 18, 27, 29, 33, 35, 39,
AND 54
Water Quality Certification Number 4144 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 Regional
General Permits 198000291, 198000048, 198700056, 197800080, 197800125, and
198200277 and in 33 CFR 300 Appendix A (B) (3, 12, 13, 14, 18, 27, 29, 33, 35, 39, 48,
and 54) of the US Army Corps of Engineers Regulations.
The State of North Carolina certifies that the specified category of activity will not violate
applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500
and 95-217 if conducted in accordance with the conditions hereinafter set forth.
Effective date: December 1, 2017
Signed this day: December 1, 2017
By
for Linda Culpepper
Interim Director

GC4144
Activities meeting any one (1) of the following thresholds or circumstances
require written approval for a 401 Water Quality Certification from the Division
of Water Resources (DWR):
a) If any of the Conditions of this Certification (listed below) cannot be met; or
b) Activities authorized by CAMA permits, except for activities authorized by CAMA
General Permits 1100, 1200, 1300, 1400, 1500, 1600, 1700, 1800, 1900, 2000,
2100, 2200, 2300, 2400, 2500, 2600, and 2700, provided the following criteria
are met for the activities listed below:
i) Boat Ramps and associated access (i.e. roads and parking lots) that
involve the excavation or filling of less than 500 square feet total of
wetland and open water area, with the exception that the excavation or
filling of coastal wetlands (as defined in 15A NCAC 07H .0205) shall not
exceed 100 square feet;
ii) Shoreline protection measures (excluding living shorelines/marsh sills)
that (1) tie into existing bulkheads, land or other shoreline protection
measures or (2) do not extend waterward of the normal high water or
normal water line more than 10 feet, provided the activity will not involve
the excavation or filling of any Submerged Aquatic Vegetation (SAV) or
significant shellfish resources (as identified by the Division of Marine
Fisheries) and impacts less than 500 square feet total of wetland, with the
exception that the excavation or filling of coastal wetlands (as defined in
15A NCAC 07H .0205) shall not exceed 100 square feet;
iii) Living shorelines/marsh sills where (1) the landward edge of the sill does
not extend waterward of the normal high water or normal water line more
than 30 feet, (2) the activity will not involve the excavation or fill of any
Submerged Aquatic Vegetation (SAV) or significant shellfish resources (as
identified by the Division of Marine Fisheries), and (3) does not result in
any fill landward of the toe of the sill alignment, provided the Division of
Coastal Management representative submits a copy of the written
authorization for the General Permit to the Division upon issuance; or
iv) Piers and docks designed to accommodate up to but not exceeding 10
vessels (except where prohibited in Outstanding Resource Waters (ORW)
as defined in 15A NCAC 02B.0225(7) & (8)) and where the water depth is
equal to or greater than two feet of water at normal low water level or
normal water level (whichever is applicable);
v) Maintenance dredging of less than 0.5 acres of open water or non-
vegetated wetlands, provided that the applicant can provide
documentation showing the historic dimensions of the dredged channel,
and no SAV or shellfish beds are excavated or filled;
vi) Projects that involve only shading of waters or wetlands that do not meet
the criteria listed in item (v) above;
vii) Utility lines, except wastewater lines and potable water discharge lines
which are subject to an NPDES Permit, as long as all impacts are
temporary;
viii)Upland development which involves no more than 1/10 of an acre of
excavation or filling of non -coastal wetlands, with the exception than no
Page 2 of 12

GC4144
more than 2,000 square feet of the non -coastal excavation or filling may
take place within a Coastal Shoreline Area of Environmental Concern
(AEC). For the purposes of this area calculation, the excavation or filling
impacts of the entire project shall be considered, which may include boat
ramps, bulkheads or other shoreline stabilization measures; and
ix) Single family home construction that results in fill of 404 jurisdictional
wetlands as long as written concurrence is not required from DWR for the
applicable US Army Corps of Engineers Nationwide Permit; or
c) Commercial shellfish aquaculture activities that qualify for Nationwide Permit 48,
provided the Division of Marine Fisheries (DMF) Lease Program submits the
proposed site map and investigation report to DWR for comment prior to the DMF
Director's recommendation on the application for public notice or denial; or
d) Any stream relocation or stream restoration; or
e) Any high-density project, as defined in 15A NCAC 02H .1003(2)(a) and by the
density thresholds specified in 15A NCAC 02H .1017, which:
i) Disturbs one acre or more of land (including a project that disturbs less than
one acre of land that is part of a larger common plan of development or sale);
and
ii) Proposes permanent wetland, stream or open water impacts; and
iii) Proposes 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 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
f) Any impacts except shading to SAV or significant shellfish resources as identified by
the (DMF); or
g) Any impacts Unique Wetlands (UWL); or
h) 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
i) Any impacts to subject water bodies and/or state regulated riparian buffers along
subject water bodies in the Neuse or Tar -Pamlico River Basins (or any other basin
or watershed with State Regulated Riparian Area Protection Rules [Buffer Rules] in
effect at the time of application) unless:
i) The activities are listed as "EXEMPT" from these rules; or
ii) A Buffer Authorization Certificate is issued by the NC Division of Coastal
Management (DCM); or
e.g. Coastal Counties, HQW, ORW, or state -implemented Phase II NPDES
2 e.g. Delegated Phase II NPDES, Water Supply Watershed, Nutrient -Sensitive Waters, or Universal
Stormwater Management Program
Page 3 of 12

GC4144
iii) A Buffer Authorization Certificate or a Minor Variance is issued by a
delegated or designated local government implementing a state riparian
buffer program pursuant to 143-215.23.
Activities included in this General Certification that do not meet one of the
thresholds listed above do not require written approval.
I. ACTIVITY SPECIFIC CONDITIONS:
1. The effluent water from the dredge spoil shall not be released into open shellfish
waters unless Shellfish Sanitation and the DWR Washington (252-946-6481) or
Wilmington (910-796-7215) Regional Office, as applicable, are notified and provide
approval prior to the release. [15A NCAC 02B .0221 ]
2. If this Water Quality Certification is used to access residential, commercial or
industrial building sites, then all parcels owned by the applicant that are part of the
single and complete project authorized by this Certification must be buildable without
additional impacts to streams or wetlands. If required in writing by DWR, the
applicant shall provide evidence that the parcels are buildable without requiring
additional impacts to wetlands, waters, or state regulated riparian buffers. [15A
NCAC 02H .0506(b)(4) and (c)(4)]
3. For road construction purposes, this Certification shall only be utilized from natural
high ground to natural high ground. [15A NCAC 02H .0506(b)(2) and (c)(2)]
4. Deed notifications or similar mechanisms shall be placed on all lots with retained
jurisdictional wetlands, waters, and state regulated riparian buffers within the project
boundaries in order to assure compliance with NC Wetland Rules (15A NCAC 02H
.0500), NC Isolated Wetland Rules (15A NCAC 02H .1300), and/or State Regulated
Riparian Buffer Rules (15A NCAC 02B .0200). These mechanisms shall be put in
place at the time of recording of the property or individual parcels, whichever is
appropriate. [15A NCAC 02H .0506(b)(4) and (c)(4)]
5. For living shorelines, the sills shall have at least one five-foot opening every 100 feet
and may be staggered or overlapped or left open as long as the five-foot separation
between sections is maintained. Overlapping sections shall not overlap more than
10 feet. [15A NCAC 02H .0506(b)(4) and (c)(4)]
6. For living shorelines, the permittee shall employ all sedimentation and erosion
control measures necessary to prevent an increase in sedimentation and turbidity
within waters and wetlands outside the permitted area. This shall include, but is not
limited to, the immediate installation of silt fencing, turbidity curtains or similar
appropriate devices around all areas subject to soil disturbance. Additionally, the
project must remain in full compliance with all aspects of the Sedimentation Pollution
Control Act and the Mining Act of 1971. [15A NCAC 02H .0506(b)(4) and (c)(4)]
Page 4 of 12

GC4144
7. Living shorelines in Primary Nursery Areas (as designated by the NC Marine
Fisheries Commission) shall be coordinated with the appropriate NC Wildlife
Resources Commission (WRC), National Marine Fisheries Service (NMFS) and NC
Division of Marine Fisheries (DMF) personnel. [15A NCAC 02B.0221]
8. 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 (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 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 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]
2. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond
the footprint of the impacts (including temporary impacts) as authorized in the written
approval from DWR; or beyond the thresholds established for use of this
Certification without written authorization. [15A NCAC 02H .0501 and .0502]
No removal of vegetation or other impacts of any kind shall occur to state regulated
riparian buffers beyond the footprint 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 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
Page 5 of 12

GC4144
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 conduct mitigation
within a project site, a complete mitigation proposal developed in accordance with
the most recent guidance issued by the US Army Corps of Engineers Wilmington
District shall be submitted for review and approval with the application for impacts.
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. Sufficient materials required for stabilization and/or repair of erosion control
measures and stormwater routing and treatment shall be on site at all times.
For borrow pit sites, the erosion and sediment control measures shall be designed,
installed, operated, and maintained in accordance with the most recent version of
the North Carolina Surface Mining Manual. Reclamation measures and
implementation shall comply with the reclamation in accordance with the
requirements of the Sedimentation Pollution Control Act and the Mining Act of 1971.
If the project occurs in waters or watersheds classified as Primary Nursery Areas
(PNAs), SA, WS -I, WS -II, High Quality Waters (HQW), or Outstanding Resource
Waters (ORW), then the sedimentation and erosion control designs shall comply
with the requirements set forth in 15A NCAC 04B .0124, Design Standards in
Sensitive Watersheds.
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
Page 6 of 12

GC4144
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 this condition require
application to and written approval from DWR. [15A NCAC 0213 .0201]
8. An NPDES Construction Stormwater Permit (NCG010000) is required for
construction projects that disturb one (1) or more acres of land. The NCG010000
Permit allows stormwater to be discharged during land disturbing construction
activities as stipulated in the conditions of the permit. If the project is covered by this
permit, full compliance with permit conditions including the erosion & sedimentation
control plan, inspections and maintenance, self-monitoring, record keeping and
reporting requirements is required. [15A NCAC 02H .0506(b)(5) and (c)(5)]
The North Carolina Department of Transportation (NCDOT) shall be required to be
in full compliance with the conditions related to construction activities within the most
recent version of their individual NPDES (NCS000250) stormwater permit. [15A
NCAC 02H .0506(b)(5) and (c)(5)]
9. All work in or adjacent to streams shall be conducted so that the flowing stream does
not come in contact with the disturbed area. Approved best management practices
from the most current version of the NC Sediment and Erosion Control Manual, or
the NC DOT Construction and Maintenance Activities Manual, such as sandbags,
rock berms, cofferdams, and other diversion structures shall be used to minimize
excavation in flowing water. Exceptions to this condition require application to and
written approval from DWR. [15A NCAC 02H .0506(b)(3) and (c)(3)]
10.If activities must occur 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 04B .0125]
All moratoriums on construction activities established by the NC Wildlife Resources
Commission (WRC), US Fish and Wildlife Service (USFWS), NC Division of Marine
Fisheries (DMF), or National Marine Fisheries Service (NMFS) shall be
implemented. Exceptions to this condition require written approval by the resource
agency responsible for the given moratorium. A copy of the approval from the
resource agency shall be forwarded to DWR.
Work within a designated trout watershed of North Carolina (as identified by the
Wilmington District of the US Army Corps of Engineers), or identified state or federal
endangered or threatened species habitat, shall be coordinated with the appropriate
WRC, USFWS, NMFS, and/or DMF personnel.
11. Culverts shall be designed and installed in such a manner that the original stream
profiles are not altered and allow for aquatic life movement during low flows. The
dimension, pattern, and profile of the stream above and below a pipe or culvert shall
not be modified by widening the stream channel or by reducing the depth of the
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stream in connection with the construction activity. The width, height, and gradient
of a proposed culvert shall be such as to pass the average historical low flow and
spring flow without adversely altering flow velocity. [15A NCAC 02H .0506(b)(2) and
(c)(2)]
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
burial is not required, provided that all
have been investigated and aquatic life
when possible (e.g. rock ladders, cr
supporting documentation to include a
drawings, and slope calculations, shall k
to the installation of the culvert.
,ulvert slopes of greater than 5%, culvert
alternative options for flattening the slope
movement/connectivity has been provided
ss vanes, etc.). Notification, including
ocation map of the culvert, culvert profile
provided to DWR 60 calendar days prior
When bedrock is present in culvert locations, culvert burial is not required, provided
that there is sufficient documentation of the presence of bedrock. Notification,
including supporting documentation such as, a location map of the culvert,
geotechnical reports, photographs, etc. shall be provided to DWR a minimum of 60
calendar days prior to the installation of the culvert. If bedrock is discovered during
construction, then DWR shall be notified by phone or email within 24 hours of
discovery.
If other site-specific topographic constraints preclude the ability to bury the culverts
as described above and/or it can be demonstrated that burying the culvert would
result in destabilization of the channel, then exceptions to this condition require
application to and written approval from DWR.
Installation of culverts in wetlands shall ensure continuity of water movement and be
designed to adequately accommodate high water or flood conditions. When
roadways, causeways, or other fill projects are constructed across FEMA -designated
floodways or wetlands, openings such as culverts or bridges shall be provided to
maintain the natural hydrology of the system as well as prevent constriction of the
floodway that may result in destabilization of streams or wetlands.
The establishment of native woody vegetation and other soft stream bank
stabilization techniques shall be used where practicable instead of rip -rap or other
bank hardening methods.
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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. [15A NCAC 02H .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 NCAC 02B .0200]
15. All proposed and approved temporary fill and culverts shall be removed and the
impacted area shall be returned to natural conditions within 60 calendar days after
the temporary impact is no longer necessary. The impacted areas shall be restored
to original grade, including each stream's original cross sectional dimensions,
planform pattern, and longitudinal bed profile. For projects that receive written
approval, no temporary impacts are allowed beyond those included in the application
and authorization. All temporarily impacted sites shall be restored and stabilized
with native vegetation. [15A NCAC 02H .0506(b)(2) and (c)(2)]
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)]
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 02H
.0506(b)(2)]
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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 shall be inspected and
maintained regularly to prevent contamination of surface waters from fuels,
lubricants, hydraulic fluids, or other toxic materials. Construction shall be staged in
order to minimize the exposure of equipment to surface waters to the maximum
extent practicable. Fueling, lubrication and general equipment maintenance shall be
performed in a manner to prevent, to the maximum extent practicable, contamination
of surface waters by fuels and oils. [15A NCAC 02H .0506(b)(3) and (c)(3) and 15A
NCAC 0213 .0211 (12)]
21. Heavy equipment working in wetlands shall be placed on mats or other measures
shall be taken to minimize soil disturbance. [15A NCAC 02H .0506(b)(3) and (c)(3)]
22. In accordance with 143-215.85(b), the applicant shall report any petroleum spill of 25
gallons or more; any spill regardless of amount that causes a sheen on surface
waters; any petroleum spill regardless of amount occurring within 100 feet of surface
waters; and any petroleum spill less than 25 gallons that cannot be cleaned up
within 24 hours.
23. If an environmental document is required under the State Environmental Policy Act
(SEPA), then this General Certification is not valid until a Finding of No Significant
Impact (FONSI) or Record of Decision (ROD) is issued by the State Clearinghouse.
If an environmental document is required under the National Environmental Policy
Act (NEPA), then this General Certification is not valid until a Categorical Exclusion,
the Final Environmental Assessment, or Final Environmental Impact Statement is
published by the lead agency [15A NCAC 01 C .0107(a)]
24.This General Certification does not relieve the applicant of the responsibility to
obtain all other required Federal, State, or Local approvals before proceeding with
the project, including those required by, but not limited to Sediment and Erosion
Control, Non -Discharge, Water Supply Watershed, and Trout Buffer regulations.
25.The applicant and their authorized agents shall conduct all activities in a manner
consistent with State water quality standards (including any requirements resulting
from compliance with §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. [15A NCAC 02H .0507(d)]
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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 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 certificate of completion
(available on the DWR website https:Hedocs.deg.nc.gov/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 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 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]
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 143-215.3D(e)(7).
2. This Certification neither grants nor affirms any property right, license, or privilege in
any waters, or any right of use in any waters. This Certification does not authorize
any person to interfere with the riparian rights, littoral rights, or water use rights of
any other person and this Certification does not create any prescriptive right or any
right of priority regarding any usage of water. This Certification shall not be
interposed as a defense in any action respecting the determination of riparian or
littoral rights or other rights to water use. No consumptive user is deemed by virtue
of this Certification to possess any prescriptive or other right of priority with respect
to any other consumptive user regardless of the quantity of the withdrawal or the
date on which the withdrawal was initiated or expanded.
3. This Certification grants permission 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 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
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effect on the date of issuance of Certification for a specific project shall remain in
effect for the life of the project, regardless of the expiration date of this Certification.
This General Certification is rescinded when the US Army Corps of Engineers
reauthorizes any of the corresponding Nationwide Permits and/or Regional General
Permits or when deemed appropriate by the Director of the Division of Water
Resources.
5. Non-compliance with or violation of the conditions herein set forth by a specific
project may result in revocation of this General Certification for the project and may
also result in criminal and/or civil penalties.
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 degrade the
waters so that existing uses of the water or downstream waters are precluded.
History Note: Water Quality Certification (WQC) Number 4144 issued December 1,
2017 replaces WQC 4097 issued March 6, 2017, WQC Number 3900 issued March 19,
2012; WQC Number 3641 and 3642 issued March 19, 2007, WQC Numbers 3371 and
3400 issued March 18, 2002; WQC Number 3274 issued June 1, 2000, WQC Number
3112 issued February 11, 1997, and WQC Number 3025 issued September 6, 1995.
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