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Home My WebLink AboutGC8580_for_NW30 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER RESOURCES WATER QUALITY GENERAL CERTIFICATION NO. 8580 GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR US ARMY CORPS OF ENGINEERS NATIONWIDE PERMIT 30 (MOIST SOIL MANAGEMENT FOR WILDLIFE) Water Quality General Certification Number 8580 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 the corresponding Nationwide Permit issued pursuant to 33 CFR 330 of the US Army Corps of Engineers regulations. The State of North Carolina certifies that the specified category of activity will comply with water quality requirements and 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: __________________ Signed this day: December 15, 2025 By _______________________________ Richard E. Rogers, Jr. Director Docusign Envelope ID: 1B47A86E-093D-4A3E-985A-407846F18737Docusign Envelope ID: 72785528-7EB9-4485-8B68-29FEA0BF1497 March 15, 2026 GC8580 Page 2 of 12 GENERAL CERTIFICATION COVERAGE: Activities that are eligible for US Army Corps of Engineers Nationwide Permit 30 qualify for coverage under this General Certification unless they meet one of the thresholds listed below. Activities meeting any one (1) of the thresholds or circumstances listed below are not eligible for coverage under this General Certification and therefore require an Individual 401 Water Quality Certification from the Division of Water Resources (DWR). a) If any of the conditions of this General Certification cannot be met For the purposes of the thresholds above, the Permittee shall account for all impacts from the Single and Complete Project (e.g. impacts from dedicated borrow and waste sites, impacts from associated infrastructure/utilities) as determined by the US Army Corps of Engineers, and all secondary indirect impacts resulting from the proposed activities. A note: In accordance with 15A NCAC 02H .0506(c) and Session Law 2017-10, compensatory mitigation is required for losses from the entire single and complete project of greater than or equal to 300 linear feet of perennial streams and/or greater than or equal to 0.10 acre of wetlands, whether a Certificate of Coverage or an Individual is required. I. GENERAL CONDITIONS 1. If the property is sold, the Permittee shall provide the new owner with a copy of this Water Quality Certification. Citation: 15A NCAC 02H .0507(d)(2) 2. The Permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), upon the presentation of credentials and other documents as may be required by law, to: Citation: 15A NCAC 02H .0502(e); 15A NCAC 02H .0507(c) a. Enter, at reasonable times, upon the Permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this certificate; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this certificate; c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this certificate; and d. Sample or monitor at reasonable times, for the purposes of assuring certificate compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location Docusign Envelope ID: 1B47A86E-093D-4A3E-985A-407846F18737Docusign Envelope ID: 72785528-7EB9-4485-8B68-29FEA0BF1497 GC8580 Page 3 of 12 3. All wetlands, streams, and surface waters located within the limits of disturbance and within 50 feet of the limits of disturbance/construction area on the project site shall be clearly marked (example- orange fabric fencing) prior to any land disturbing activities. The marking/fencing shall be maintained until the project or project phase is completed. Impacts to areas within the marked area/fencing are prohibited unless otherwise authorized by this certification. Citation: 15A NCAC 02H .0506(b)(2); 15A NCAC 02H .0507(c) 4. When requested by DWR, the Permittee and/or authorized agent shall schedule a pre- construction meeting with DWR, shall contact the appropriate DWR Regional Office upon project commencement of construction, shall submit a Certificate of Completion and/or shall provide as-built documentation. Citation: 15A NCAC 02H .0502(e); 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) 5. For projects that include draining a pond or lake, appropriate erosion and sediment control measures shall be utilized while draining the pond or lake to ensure limited impact to downstream waters as well as to native aquatic species. Such measures shall also be utilized to avoid any sediment release into downstream waters as a result of pond draining. The permittee shall observe any natural channel re-establishment, or utilize natural channel construction techniques, to ensure that the jurisdictional stream channel above and below the drained pond remain stable, and that no additional impacts occur within the natural stream channel as a result of draining the pond. The Permittee shall consult with NCWRC prior to the relocation or release of any aquatic species during pond draining or dam removal activities. During pond or lake refill, sufficient flow shall be continually released to the receiving stream to ensure aquatic life survival and maintenance of biological integrity. Citation: 15A NCAC 02H .0506(b)(2); 15A NCAC 02H .0507(c) 6. The permittee shall report to the appropriate DWR Regional Office any noncompliance with, and/or any violation of, stream or wetland standards [15A NCAC 02B .0200], including but not limited to sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the permittee became aware of the non-compliance circumstances. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) 7. A copy of this General Certification shall be retained on site during the construction and maintenance of this project, or with the project manager, and be available for inspection at all times. The Permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this General Certification. If the Permittee becomes aware of any inability to comply with any of the conditions of this General Certification, they must notify the appropriate Regional Office within 24 hours (or the next business day if a weekend or holiday) from the time the Permittee becomes aware of the circumstances. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) Docusign Envelope ID: 1B47A86E-093D-4A3E-985A-407846F18737Docusign Envelope ID: 72785528-7EB9-4485-8B68-29FEA0BF1497 GC8580 Page 4 of 12 8. No additional temporary or permanent impacts from waste, spoil, solids, fill, excavation, or staging of equipment, shall occur in wetlands or waters beyond the footprint of the impacts (including temporary impacts) identified in a Certificate of Coverage; or for projects that do not require a Certificate of Coverage; beyond the thresholds established for use of this General Certification. Citation: 15A NCAC 02H .0506; 15A NCAC 02H .0507(c) 9. All activities shall be in compliance with any applicable State Regulated Riparian Buffer Rules in Chapter 2B of Title 15A in the North Carolina Administrative Code. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) 10. When applicable, all construction activities shall be performed and maintained in full compliance with G.S. Chapter 113A Article 4 (Sedimentation Pollution Control Act of 1973). Regardless of applicability of the Sedimentation Pollution Control Act, all projects shall incorporate appropriate Best Management Practices for the control of sediment and erosion so that no violations of state water quality standards, statutes, or rules occur. Design, installation, operation, and maintenance of all sediment and erosion control measures shall be equal to or exceed the requirements specified in the most recent version of the North Carolina Erosion and Sediment Control Planning and Design Manual, or the North Carolina Department of Transportation Erosion and Sediment Control Design and Construction Manual. Appropriate measures should be installed prior to any land clearing activities to protect wetlands, streams, and/or buffers from turbidity and/or sedimentation. These measures should be routinely inspected and properly maintained, and excavated materials should be contained outside wetland, stream, and/or buffer boundaries. For installation of bridges that involve driving or drilling activities within stream channels, open waters, or along streambanks turbidity curtains shall be installed within the surface water. All devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) sites, including contractor-owned or leased borrow pits associated with the project. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. For borrow pit sites, the erosion and sediment control measures shall be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. Reclamation measures and implementation shall comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act and the Mining Act of 1971. If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs), SA, WS-I, WS-II, High Quality Waters (HQW), or Outstanding Resource Waters (ORW), then the sedimentation and erosion control designs shall comply with the requirements set forth in 15A NCAC 04B .0124, Design Standards in Sensitive Watersheds. Citation: 15A NCAC 02H .0506(b)(2); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCAC 02B .0231 Docusign Envelope ID: 1B47A86E-093D-4A3E-985A-407846F18737Docusign Envelope ID: 72785528-7EB9-4485-8B68-29FEA0BF1497 GC8580 Page 5 of 12 11. Sediment and Erosion Control Measures (S&EC) in wetlands or waters should be avoided to the maximum extent possible and any S&EC occurring in wetlands or waters shall be restored to pre-existing conditions upon completion of the project. The Permittee shall utilize sediment and erosion control measures that avoid and minimize the need for the placement of silt fence along streams at the normal water level. Where measures are placed within authorized impact areas then placement of such measures shall not be conducted in a manner that results in a loss of function of any wetlands, streambeds, or streambanks. Any erosion control measures, including silt fence, installed within wetlands shall be removed from wetlands and the natural grade restored and revegetated within two (2) months of the date the appropriate sediment and erosion control program has released the specific area within the project to ensure wetland standards are maintained upon completion of the project. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCAC 02B .0231 12. Erosion control matting shall not be placed within a stream bed. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used along streambanks or within wetlands. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) 13. If the project is covered by NPDES Construction Stormwater Permit Number NCG010000 or NPDES Construction Stormwater Permit Number NCG250000, full compliance with permit conditions including the erosion and sedimentation control plan, inspections and maintenance, self-monitoring, record keeping and reporting requirements is required. 15A NCAC 02H .0506(b) and (c); 15A NCAC 02H .0507(c) 14. The North Carolina Department of Transportation (NCDOT) shall maintain full compliance with the conditions related to construction activities and post construction stormwater design, construction and maintenance, within the most recent version of their Individual NPDES Stormwater Permit Number NCS000250. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCAC 02B .0231 15. For projects impacting waters classified by the NC Environmental Management Commission as High Quality Waters (HQW), including Water Supply I or II (WSI, WSII) and/or as Outstanding Resources Waters (ORW) post construction stormwater shall be managed in accordance with 15A NCAC 02B .0224(d) or .0225 as applicable. Docusign Envelope ID: 1B47A86E-093D-4A3E-985A-407846F18737Docusign Envelope ID: 72785528-7EB9-4485-8B68-29FEA0BF1497 GC8580 Page 6 of 12 16. All work in or adjacent to streams, ponds, lakes, and reservoirs shall be conducted so that the work area is isolated from surface waters. Approved best management practices from the most current version of the DEMLR NC Erosion and Sediment Control Planning and Design Manual, or the NC Department of Transportation Best Management Practices For Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams, pump-arounds, and other diversion structures shall be used to minimize excavation in flowing water. Water that comes in contact with the work area shall be treated through an appropriate sediment/erosion control measure (sediment basin, filter bag, etc) prior to discharging to a surface water. All temporarily disturbed areas for the purpose of isolation/dewatering shall be restored to original grade, including each stream’s original cross-sectional dimensions, planform pattern, and longitudinal bed profile. All temporarily impacted sites shall be restored and stabilized with native vegetation as practicable. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200 17. Work within a designated trout watershed as identified by the Wilmington District of the US Army Corps of Engineers or work within identified state or federal endangered or threatened species habitat shall be coordinated with NCWRC and/or DMF prior to initiating of project activities. The Permittee shall adhere to NCWRC and/or DMF recommended moratoria. Exceptions to this condition require written approval by the resource agency responsible for the given moratorium. If activities must occur during periods of high biological activity of aquatic species (e.g. sea turtle nesting, fish spawning, or bird nesting) all biological surveys, relocations, and/or monitoring requested by the state agency must be conducted. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 04B .0125 18. Culverts shall be designed and installed in such a manner that the original stream profiles are not altered and allows for aquatic life movement during low flows. The dimension, pattern, and profile of the stream above and below a pipe or culvert shall not be modified by widening the stream channel or by reducing the depth of the stream in connection with the construction activity. The width, height, and gradient of a proposed culvert shall be such as to pass the average historical low flow and spring flow without adversely altering flow velocity. If the width of the culvert is wider than the stream channel, the culvert shall include multiple boxes/pipes, baffles, benches and/or sills to maintain the natural width of the stream channel. If multiple culverts/pipes/barrels are used, low flows shall be accommodated in one culvert/pipe and additional culverts/pipes shall be installed such that they receive only flows above bankfull. Placement of culverts and other structures in streams shall also meet one of the following requirements: Docusign Envelope ID: 1B47A86E-093D-4A3E-985A-407846F18737Docusign Envelope ID: 72785528-7EB9-4485-8B68-29FEA0BF1497 GC8580 Page 7 of 12 a. For structures less than 72” in diameter/width and in area where topographic constraints dictate culvert slopes will be greater than 2.5%, culverts shall be installed “at grade” such that low flow conditions in the stream are maintained provided that all alternative options for flattening the slope have been investigated and aquatic life movement/connectivity has been provided when possible (e.g. rock ladders, cross- vanes, sills, baffles etc.); or b. When bedrock is present in culvert locations, culvert burial is not required, provided that there is documentation of the presence of bedrock. c. For all other culverts: i. Culverts with a diameter greater than 48 inches shall be below the elevation of the streambed by one foot ii. Culverts with diameter less than or equal to 48 inches shall be below the streambed by 20% of the culvert diameter If a culvert outlet is submerged within a pool or scour hole and designed to provide for aquatic passage, then culvert burial into the streambed is not required. Documentation such as a location map of the culvert, culvert profile drawings, slope calculations, geotechnical reports, photographs, etc. shall be provided to DWR upon written request. For culvert replacements within the same location/footprint, and of similar length, culverts shall be designed and installed to meet the above requirements of this Condition unless prohibited by existing conditions on site, such as existing infrastructure or topographic constraints. Installation of culverts in wetlands shall ensure continuity of water movement and be designed to adequately accommodate high water or flood conditions. When roadways, causeways, or other fill projects are constructed across FEMA-designated floodways or wetlands, openings such as culverts or bridges shall be provided to maintain the natural hydrology of the system as well as prevent constriction of the floodway that may result in destabilization of streams or wetlands. The establishment of native woody vegetation and other soft stream bank stabilization techniques shall be used where practicable instead of rip-rap or other bank hardening methods. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) 19. Bridge piles and bents shall be constructed using driven piles (hammer or vibratory) or drilled shaft construction methods. More specifically, jetting or other methods of pile driving are prohibited under this General Certification. 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200 Docusign Envelope ID: 1B47A86E-093D-4A3E-985A-407846F18737Docusign Envelope ID: 72785528-7EB9-4485-8B68-29FEA0BF1497 GC8580 Page 8 of 12 20. Unless already approved by an NPDES permit, 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. This condition may be waived with prior written approval from the NCDWR. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) 21. Application of fertilizer to establish planted/seeded vegetation within disturbed riparian areas and/or wetlands shall be conducted at agronomic rates and shall comply with all other Federal, State and Local regulations. Fertilizer application shall be accomplished in a manner that minimizes the risk of contact between the fertilizer and surface waters. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0231 22. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in, or adjacent to, surface waters is prohibited. Citation: 15A NCAC 02H.0506(b) 23. If concrete is used during construction (including bulkhead components, such as deadman anchors, tie-back systems and concrete caps), then all necessary measures shall be taken to isolate the concrete from waters of the state by maintaining a dry work area to prevent direct contact between curing concrete and surface waters. Drill slurry and water that inadvertently contacts uncured concrete shall not be discharged to waters of the state. Water that inadvertently contacts uncured concrete shall not be discharged to surface waters due to the potential for elevated pH and possible aquatic life and fish kills. Any water that contacts uncured concrete shall be captured, treated, and disposed of properly. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCAC 02B .0231 24. All temporary pipes, culverts, rip-rap pads etc. in streams shall be installed so as not to restrict stream flow or installed in such a manner that restricts aquatic life movement during low flow conditions. All temporary pipes and/or culverts shall be installed as outlined in the most recent edition of the North Carolina Erosion and Sediment 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. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) Docusign Envelope ID: 1B47A86E-093D-4A3E-985A-407846F18737Docusign Envelope ID: 72785528-7EB9-4485-8B68-29FEA0BF1497 GC8580 Page 9 of 12 25. All temporary fill and temporary culverts shall be removed, and the impacted area shall be returned to natural conditions, within 60 calendar days after the temporary impact is no longer necessary. The impacted areas shall be restored to original grade, including each stream’s original cross-sectional dimensions, planform pattern, and longitudinal bed profile. All temporarily impacted sites shall be restored and stabilized with native vegetation when practicable. For all areas where wetlands are impacted by temporary roads constructed by temporary fill material, the Permittee shall remove the fill material and conduct activities necessary to restore preconstruction hydrology by addressing soil compaction. When temporary fill has been added to wetlands, or heavy equipment has been placed within a wetland, the Permittee shall ensure restoration of preconstruction soil conditions when restoring wetland areas. Upon restoration of the wetland, the Permittee shall inspect the area quarterly for a minimum of two years to document successful restoration. The Permittee shall provide documentation of inspections to DWR when requested. The monitoring requirement can be relieved with review and written approval by DWR. If the area is not restored to preconstruction conditions the impacts shall be considered permanent, and the Permittee shall request a modified Certificate of Coverage from DWR. With prior written approval from DWR, removal of temporary fill and temporary culverts and restoration of the impacted area may be postponed to accommodate moratorium periods. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) 26. Demolition of existing structures, such as culvert or bridge removal, shall be conducted to ensure water quality standards are maintained. NCDOT activities shall adhere to NCDOT’s Best Management Practices for Construction and Maintenance Activities. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200 27. Any rip-rap or other armoring materials required for proper culvert placement, stream stabilization, or restoration of temporarily disturbed areas shall be restricted to the area directly impacted by the construction activity covered by this General Certification. All rip- rap or other non-natural armoring material placed in streams shall be placed such that the original streambed elevation and streambank contours are restored, and that the finished elevation of the rip rap shall not exceed that of the original stream bed. All rip-rap or other armoring materials shall consist of clean rock or masonry material free of debris or toxic pollutants. Placement of rip-rap or other armoring materials shall not result in de- stabilization of the stream bed or banks upstream or downstream of the area or be installed in a manner that precludes aquatic life passage. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) Docusign Envelope ID: 1B47A86E-093D-4A3E-985A-407846F18737Docusign Envelope ID: 72785528-7EB9-4485-8B68-29FEA0BF1497 GC8580 Page 10 of 12 28. Any rip-rap or other non-natural armoring material (i.e. gabion baskets, revetments, bulkheads, seawalls, retaining walls) 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 or other armoring materials shall not be installed in the streambed except in specific areas required for velocity control and to ensure structural integrity of bank stabilization measures. Any rip-rap or other armoring materials placed in the streambed shall be such that the finished elevation of the rip rap or other armoring materials shall not exceed that of the original stream bed. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0201 29. 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. Citation: 15A NCAC 02H .0507(c); 15A NCAC 07H .1400 30. All mechanized equipment operated near surface waters shall be inspected and maintained regularly to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids, or other toxic materials. Construction shall be staged in order to minimize the exposure of equipment to surface waters to the maximum extent practicable. Fueling, lubrication, and general equipment maintenance shall be performed in a manner to prevent, to the maximum extent practicable, contamination of surface waters by fuels and oils. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200 31. Heavy equipment working in wetlands shall be placed on mats or non-impact equipment shall be used to ensure no disturbance and/or compaction of soil from equipment except within the footprint of the impacts covered by this Certification. Heavy equipment necessary for in stream activities shall be operated from the banks to the maximum extent practical and in no cases shall cause unstable stream banks or a violation of water quality standards. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0231 32. In accordance with G.S. 143-215.85(b), the Permittee shall report any petroleum spill of 25 gallons or more; any spill regardless of amount that causes a sheen on surface waters; any petroleum spill regardless of amount occurring within 100 feet of surface waters; and any petroleum spill less than 25 gallons that cannot be cleaned up within 24 hours. Citation: 15A NCAC 02H .0507(c); N.C.G.S 143-215.85(b) 33. For all dam removal projects meeting the definition under G.S. 143-215.25 and requirements under G.S. 143-215.27 of a professionally supervised dam removal, the applicant shall provide documentation that any sediment that may be released has similar or lower level of contamination than sediment sampled from downstream of the dam in accordance with Session Law 2017-145. Citation: 15A NCAC 02H .0502; 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC02B .0200; S.L. 2017-145; Docusign Envelope ID: 1B47A86E-093D-4A3E-985A-407846F18737Docusign Envelope ID: 72785528-7EB9-4485-8B68-29FEA0BF1497 GC8580 Page 11 of 12 34. The Permittee and their authorized agents shall conduct all activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal Law. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) II. DEFINITIONS Temporary Impacts: Any impact that temporarily disturbs a stream, wetland, or open water and returns the disturbed area to pre-construction conditions, form and function or improved form and function within a duration that will ensure minimal disturbance to ecological function, including biological transport, migration, and reproduction. Permanent Impacts: Any impact that modifies the form or function of a stream, wetland, or open water in a permanent manner, or for a duration that is sufficiently long to disrupt natural processes within the surface water. Examples include culverts, fill, riprap, streambank or shoreline stabilization, dredging, relocations, restoration. Permanent impacts may (1) improve the function of surface waters, such as stream and wetland restorations, (2) be neutral to the function of the surface waters, or (3) cause a reduction or loss of function of surface waters. Secondary Indirect Impacts – Effects that are caused by the activity and are later in time or farther removed in distance but are still reasonably foreseeable. Secondary indirect impacts may (1) improve the function of surface waters, such as stream and wetland restorations, (2) be neutral to the function of the surface waters, or (3) cause a reduction or loss of function of surface waters. Stream Restoration - the process of converting an unstable, altered, or degraded stream corridor, including adjacent riparian zone and flood-prone areas, to its natural or referenced stable conditions considering recent and future watershed conditions. This process also includes restoring the geomorphic dimension, pattern, and profile as well as biological and chemical integrity, including transport of water and sediment produced by the stream's watershed in order to achieve dynamic equilibrium. 'Reference' or 'reference reach' means a stable stream that is in dynamic equilibrium with its valley and contributing watershed. A reference reach can be used to develop natural channel design criteria for stream restoration projects. Stream Relocation - Stream relocation is when a stream is moved laterally to a new location to allow a project, or part of a project, to be constructed in the stream's former location. For permitting purposes, stream relocations may be considered a loss of function pursuant to 15A NCAC 2H .0506(c) depending on the documented condition and location of the existing stream and the proposed design and success of the relocated stream. III. ADMINISTRATIVE PROVISIONS Docusign Envelope ID: 1B47A86E-093D-4A3E-985A-407846F18737Docusign Envelope ID: 72785528-7EB9-4485-8B68-29FEA0BF1497 GC8580 Page 12 of 12 In accordance with 15A NCAC 02H .0506(b), the Director of the North Carolina Division of Water Resources may require submission of an application for an Individual Certification for any project if, based on the unique characteristics of the project, it is determined by the Director that the conditions in this general certification will not ensure that the proposed activity will comply with state water quality standards, which includes designated uses, numeric criteria, narrative criteria and the state's antidegradation policy. This General Certification does not relieve the permittee of the responsibility to obtain all other required Federal, State, or Local approvals before proceeding with the project, including those required by, but not limited to, Sediment and Erosion Control, Non-Discharge, Water Supply Watershed, Division of Coastal Management and Trout Buffer regulations. This General Certification, and any associated certificates of coverage, neither grants nor affirms any property right, license, or privilege in any waters, or any right of use in any waters. This General Certification does not authorize any person to interfere with the riparian rights, littoral rights, or water use rights of any other person and does not create any prescriptive right or any right of priority regarding any usage of water. This General 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 General 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. This General Certification shall expire on the same day as the expiration date of the corresponding Nationwide 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 General Certification. For purposes of this paragraph for projects that do not require issuance of a certificate of coverage, the date of issuance shall be deemed to be the date that activities covered by this General Certification were initiated. This General Certification is rescinded when the US Army Corps of Engineers reauthorizes the corresponding Nationwide Permit or when deemed appropriate by the Director of the Division of Water Resources, consistent with the provisions of 15A NCAC 2H .0507. Non-compliance with or violation of the conditions herein set forth by a specific project may result in revocation of any Certificate of Coverage issued under this General Certification for the project and may also result in criminal and/or civil penalties. Docusign Envelope ID: 1B47A86E-093D-4A3E-985A-407846F18737Docusign Envelope ID: 72785528-7EB9-4485-8B68-29FEA0BF1497