HomeMy WebLinkAboutGC8601_for_NW46
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF WATER RESOURCES
WATER QUALITY GENERAL CERTIFICATION NO. 8601
GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR US ARMY CORPS OF ENGINEERS
NATIONWIDE PERMIT NUMBER 46 (DISCHARGES IN DITCHES)
Water Quality General Certification Number 8601 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
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GENERAL CERTIFICATION COVERAGE:
Activities are eligible for US Army Corps of Engineers Nationwide Permit 46 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; or
b) Total permanent impacts to streams greater than or equal to 300 linear feet; or
c) Total permanent impacts to wetlands or open waters equal to or greater than one-half
(1/2) acre; or
d) Any project proposing to satisfy compensatory mitigation through Permittee
Responsible Mitigation; or
e) Any high-density project, as determined by the density thresholds and criteria specified
in 15A NCAC 02H .1017(4) which triggers all of the following thresholds:
i. Proposes to disturb one acre or more of land (including a project that disturbs
less than one acre of land that is part of a larger common plan of development
or sale); and
ii. Has permanent wetland, stream, or open water impacts; and
iii. Is proposing new built-upon area; and
iv. Is not subject to a stormwater management plan review and approval under a
state stormwater program1 or a state-approved local government stormwater
program2, or has vested rights, exemptions, or other legacy rights or exemptions
from state or locally implemented stormwater programs or propose to satisfy
state or locally-implemented stormwater programs through use of community
in-lieu fee programs
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.
Activities listed under Section I of this General Certification must receive a Certificate of
Coverage from DWR prior to initiation of any activities covered by this General Certification.
1 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
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I. NOTIFICATION AND REQUIREMENTS FOR CERTIFICATE OF COVERAGE:
Activities listed in this Section must obtain a Certificate of Coverage from DWR prior to
initiation of any activities covered by this General Certification.
a) Total temporary and permanent impacts to streams greater than or equal to 150 linear
feet including any topographic/slope stabilization or in-stream stabilization needed for
stream crossings; or
b) Total temporary and permanent impacts to wetlands equal to or greater than one-tenth
(1/10) acre; or
c) Total temporary and permanent impacts to open waters and/or ditches subject to
Section 404 of the Clean Water Act (CWA) equal to or greater than one-half (1/2) acre; or
d) Any impacts to streams or wetlands from excavation or dredging other than excavation
that is conducted as preparation for installing permanent fill or structures; or
e) Any stream restoration or relocation other than stream relocations that are conducted
for the purpose of proper culvert installation, alignment, protection, repair or
maintenance where the relocation length is equal to or less than 50 feet in length and
the relocated stream is designed and installed based on current natural channel
techniques; or
f) Any sediment and erosion control measures installed in wetlands or waters beyond the
footprint of temporary and/or permanent wetland and/or waters impacts covered by
this General; or
g) Any permanent impacts to waters, or to wetlands adjacent to waters, designated as:
ORW (including SAV), HQW (including PNA), SA, WS-I, WS-II, Trout, or North Carolina or
National Wild and Scenic River; or
h) Any permanent impacts to coastal wetlands [15A NCAC 07H .0205], or Unique Wetlands
(UWL) [15A NCAC 02B .0231]; or
i) Any impacts to streams and/or open waters that are subject to state regulated riparian
buffers in the Neuse, Tar-Pamlico, or Catawba River Basins or in the Randleman Lake,
Jordan Lake or Goose Creek Watersheds (or any other basin or watershed with State
Regulated Riparian Area Protection Rules [15A NCAC 02B .0714; 15A NCAC 02B .0734;
15A NCAC 02B .0614; 15A NCAC 02B .0724; 15A NCAC 02B .0267; 15A NCAC 02B .0607] in
effect at the time of application) unless:
i. The activities are listed as “EXEMPT” or “DEEMED ALLOWABLE” 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, Certificate with Exception, or Minor Variance
is issued by a delegated or designated local government implementing a state
riparian buffer program pursuant to 143-215.23.
iv. Site access, equipment storage, and work is done solely from or in the water,
avoiding all land disturbance in or near the buffer.
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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.
II. GENERAL CONDITIONS
1. For all activities that require a Certificate of Coverage under Section I of this General
Certification: The Certificate of Coverage is issued specifically for the plans, specifications,
and associated application materials for the proposed project approved by DWR by the
issuance of the COC. Any final construction plans for a project must include or reference
the application and plans submitted to the DWR. The Permittee must evaluate all other
acquired permits to ensure that they are consistent with the plans submitted to the DWR,
and all relative impacts are accounted for and shown on the final construction plans. Any
modifications or additional impacts to streams and/or wetlands within the project require
the permittee to notify the DWR and may require submission of a new application package
with the appropriate fee to redetermine eligibility under this General Certification. Citation:
15A NCAC 02H .0506(b)(2) and (3); 15A NCAC 02H .0507(c)
2. If the property is sold, the Permittee shall provide the new owner with a copy of this
General Certification and all plans and specifications incorporated by reference for all
activities that require a Certificate of Coverage under Section I of this General Certification.
The Permittee may transfer a certificate of coverage issued under this General Certification
to the new owner by submitting a letter to the Division with the following statement: “At
the time the property is transferred, the terms and conditions of this 401 Individual Water
Quality General Certification, including the responsibility to ensure compliance, are binding
on the new owner(s) of the property.” The letter shall be signed and dated by both the
transferee and the new owner. Citation: 15A NCAC 02H .0507(d)(2)
3. For all projects that include multiple parcels and/or lots, including transportation and/or
utility-related projects installed as infrastructure for multiple parcels and/or lots, deed
notifications or similar mechanisms shall be placed on all lots/parcels that include
jurisdictional wetlands, streams, open waters, and state-regulated riparian buffers within
the overall project boundaries. These mechanisms shall be put in place at the time of
recording of the property or individual parcels, whichever is appropriate. Citation: 15A
NCAC 02H .0502(a); 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
4. 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)
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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
5. 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. For linear publicly owned and maintained transportation projects that have not
been determined to be part of a larger common plan of development, the stream mitigation
threshold is applied per perennial stream. The Compensatory Mitigation Responsibility
Transfer (CMRT) Form(s) attached to the Certificate of Coverage or Individual Certificate
issued for a specific project, shall be completed and provided to DWR prior to any impacts
occurring. If the Mitigation Provider specified in the CMRT Form(s) changes after issuance of
the Certificate of Coverage with MRT Form, then the Permittee shall request a revised CMRT
Form from DWR prior to conducting any impacts. Citation: 15A NCAC 02H .0506(c); 15A NCAC
02H .0507(c)
6. For High Density Development projects subject to a State, or State approved Local
Government Delegated Program, the Permittee shall secure an approved stormwater
management plan (SMP) from the appropriate agency before any impacts authorized in this
Certification occur. Before any permanent building or other permanent structure is occupied
at the site the permanent stormwater management control measures or devices for the
building and/or structures shall be constructed and operational. If any Erosion and Sediment
Control devices share locations with any of the Stormwater Control Measures, the area must
be restored to the approved stormwater design condition within 30 days of close-out of the
Erosion and Sediment Control Plan. Citation: 15A NCAC 02H .0506(b)(2) and (3); 15A NCAC
02H .0507(c)
7. For phased projects with conceptual future phases, when final design plans are completed,
the Permittee shall ensure that final designs shall reflect all appropriate avoidance and
minimization of impacts to wetlands, streams, and other surface waters. For projects that
have been issued a Certificate of Coverage under this General Certification, the Permittee
shall submit a request for a modified Certificate of Coverage if the impacts from the final
design differ from those identified in the existing Certificate of Coverage. No construction
activities (including temporary impacts) shall begin at such impact locations until a new
Certificate of Coverage has been secured. Citation: 15A NCAC 02H .0506(b)(2) and (3); 15A
NCAC 02H .0507(c)
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8. 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)
9. 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)
10. 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)
11. 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)
12. A copy of this General Certification, and when applicable, the Certificate of Coverage, 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)
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13. 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)
14. 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)
15. 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
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16. 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
17. 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)
18. 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)
19. 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
20. 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.
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21. 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
22. For all activities that require a Certificate of Coverage under Section I of this General
Certification: Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 04B
.0125
The Permittee shall allow NCWRC and/or DMF to implement pre-construction species
surveys and relocations. The Permittee shall adhere to NCWRC and/or DMF
recommended moratoria. If NCWRC and/or DMF provides recommended design
modifications to protect federally/state listed aquatic species, the permittee shall
implement these to the degree possible. If the recommended conditions cannot be
met, a project proponent may apply for coverage under an individual 401 water quality
certification.
For all other activities:
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.
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23. 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:
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.
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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)
24. 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
25. Unless already approved by an NPDES permit, ridge 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)
26. 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
27. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in, or
adjacent to, surface waters is prohibited. Citation: 15A NCAC 02H.0506(b)
28. 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
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29. 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)
30. 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. 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)
31. 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
32. 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)
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33. 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
34. 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
35. 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
36. 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
37. 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)
38. 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;
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39. 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)
III. 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.
IV. ADMINISTRATIVE PROVISIONS
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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.
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