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HomeMy WebLinkAbout20240111_401_WQC DecuSign Erivelope ID:D85BBA38-186D-4B90-9F22-1ACOD750DAFF A""SWFn,16 2 �5 - n ROY COOPER covemor =C. ELIZABETH S.BISER Secretary JAN I RICHARD E.ROGERS,JR. NORTH CAROLINA 1 2024 Director Environmental Quality Apri118, 2022 DWR#20211505 Lincoln County Hedrick Industries Inc. Attn: Mr.Jason Conner PO Box 425 Swannanoa, NC 28778 Delivered via email to: jconner@hedrickind.com Subject: Approval of Individual 401 Water Quality Certification Hedrick Gravel &Sand CO-Lake Norman Quarry Expansion and Forney Creek Relocation USACE Action ID. No.SAW-2020-00436 Dear Mr. Conner: Attached hereto is a copy of Certification No. WQCS004772 issued to Mr.Jason Conner and Hedrick Industries Inc., dated April 18, 2022. This approval is for the purpose and design described in your application.The plans and specifications for this project are incorporated by reference as part of this Water Quality Certification. If you change your project,you must notify the Division and you maybe required to submit a new application package with the appropriate fee. If the property is sold,the new owner must be given a copy of this Certification and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)]. This Water Quality 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,and Trout Buffer regulations. This Water Quality Certification neither grants nor affirms any property right, license,or privilege in any lands or waters,or any right of use in any waters. This Water Quality 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 Water Quality 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 Water Quality 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. Nonh Carolina Depamnent or Environmental Quality I Division of Water Resouncs 512 North Salisbury Street 1 1611 Mail Service Center I Rolcitdr,Nunh Carolina 27699-1611 DocuSign Erivelope ID:D85BBA38-186D-4B90-9F22-1ACOD750DAFF Hedrick Industries Inc. DWR#20211505 Individual Certification#WQC004772 Page 2 of 11 Upon the presentation of proper credentials,the Division may inspect the property. This Water Quality Certification shall expire on the same day as the expiration date of the corresponding Section 404 Permit. The conditions shall remain in effect for the life of the project, regardless of the expiration date of this Water Quality Certification. Non-compliance with or violation of the conditions herein set forth may result in revocation of this Water Quality Certification forthe project and may also result in criminal and/or civil penalties. If you are unable to comply with any of the conditions of this Water Quality Certification you must notify the Mooresville 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. The permittee shall report to the Mooresville 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. This approval and its conditions are final and binding unless contested [G.S. 143-215.5]. This Certification can be contested as provided in Chapter 150B of the North Carolina General Statutes by filing a Petition for a Contested Case Hearing (Petition)with the North Carolina Office of Administrative Hearings(OAH)within sixty(60)calendar days. Requirements for filing a Petition are set forth in Chapter 150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code. Additional information regarding requirements for filing a Petition and Petition forms may be accessed at http://www.ncoah.com/or by calling the OAH Clerk's Office at(919)431-3000. A party filing a Petition must serve a copy of the Petition on: William F. Lane,General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 If the party filing the Petition is not the permittee,then the party must also serve the recipient of the Certification in accordance with N.C.G.S 15013-23(a). This letter completes the Division's review under section 401 of the Clean Water Act and 15A NCAC 02H .0500. Please contact Sue Homewood at 336-776-9693 or Sue.Homewood @ncdenr.Rov if you have any questions or concerns. North Carolina Department of Environmental Quality I Division of Water Resources IDRE -01 512 North Salisbury Street 11611 Mail Service Center I Raleigh.North Carolina 27699-1611 arosrane�n��urooa:nr� 919.707.9000 DvcuSign Erivelope ID:D85BBA38-186D-4B90-9F22-1ACOD750DAFF Hedrick Industries Inc. DWR#20211505 Individual Certification#WQC004772 Page 3 of 11 Sincerely, DocuSigned by: 949D91 BA53EF4E0... Paul Wojoski,Supervisor 401&Buffer Permitting Branch Electronic cc: Kevin Thomas,CEC Steve Kichefski, USACE Asheville Regulatory Field Office Olivia Munzer Todd Bowers, EPA DWR MRO DWR 401&Buffer Permitting Branch Electronic file Filename:20211505_Hedrick Mine-Forney Creek Relo(Lincoln)_IC.docx North Carolina Department of Environmental Quality I Division of Water Resources Q 919,707.9000 512 North Salisbury Street 1 1611 Mail Service Center I Raleigh.North Carolina 27699-1611 ..01 , Q Degrtnttat of Emnonexnt Oauk.e DacuSign Envelope ID:D85BBA38-186D-4B90-9F22-1ACOD750DAFF Hedrick Industries Inc. DWR#20211505 Individual Certification#WQC004772 Page 4 of 11 NORTH CAROLINA 401 WATER QUALITY CERTIFICATION CERTIFICATION#WQCS004772is issued in conformity with the requirements of Section 401,Public Laws 92-500 and 95-217 of the United States and subject to North Carolina's Regulations in 15 NCAC 02H.0500 and 15A NCAC 02B.0200,to Mr.Jason Conner and Hedrick Industries Inc.,who have authorization for the impacts listed below,as described within your application received by the N.C. Division of Water Resources(Division)on October 13,2021,with payment received November 3,2021 and subsequent information received on December 29,2021, February 21,2022 and April 6,2022 and by Public Notice issued by the U.S.Army Corps of Engineers and received by the Division on December 21,2021. The State of North Carolina certifies that this activity will comply with water quality requirements and the applicable portions of Sections 301,302,303,306,307 of the Public Laws 92-500 and PL 95-217 if conducted in accordance with the application,the supporting documentation,and conditions hereinafter set forth. The following impacts are hereby approved. No other impacts are approved,including incidental impacts. [15A NCAC 02H.0506(b)] Type of Impact Amount Approved(units) Amount Approved(units) Permanent Temporary Stream Forney Creek 2,798(existing linear feet) 0(linear feet) Forney Creek Priority 2 115(existing linear feet) 0(linear feet) Restoration UT1 Restoration 436(existing linear feet) 0(linear feet) This approval requires you to follow the conditions listed in the certification below. CONDITIONS OF CERTIFICATION [15A NCAC 02H.0507(c)]: 1. Mitigation must be provided for the proposed impacts as specified in the table below. You have your proposed onsite mitigation to satisfy this requirement. This mitigation plan is only approved for credits towards the impacts approved in this certification. The stream restoration work shall be completed prior to any additional mining activities proposed in the application. Citation: 15A NCAC 02H.0506(c);15A NCAC 02H.0507(c) Justification:A project that affects waters shall not be permitted unless the existing uses,and the water quality to protect such uses, are protected. In determining that the proposed activity will comply with state water quality standards(including designated uses,numeric criteria, narrative criteria and the state's antidegrodation policy), the project must provide for replacement of existing uses through compensatory mitigation. Compensatory Mitigation Required River and Sub-basin Number Forney Creek 2,798 linear feet Catawba 03050101 North Carolina Department of Environmental Quality I Division of Water Resources DUE �}S 512 North Salisbury Street ( 1611 Mail Service Center I Ralcigh,North Carolina 27699-1611 n<,.r1.i('.atw na / �������� 919.707.9000 Do+cuSign Envelope ID:D85BBA38-186D-4B90-9F22-1ACOD750DAFF Hedrick Industries Inc. DWR#20211505 Individual Certification#WQC004772 Page 5 of 11 2. You have our approval for your proposed final stream relocation and restoration plan as depicted in the application documents. The relocated stream shall be constructed,maintained,and monitored according to the plans submitted on October 13,2021 and subsequent information on December 29,2021 and February 21,2022.The Permittee shall provide red-line as-built drawings to the Division upon completion of construction. Tree planting shall occur between November 15th and March 151h following completion of construction. Any repairs or adjustments to the site must be made according to the approved plans or must receive written approval from this Office. Citation: 15A NCAC 02H.0506(c);15A NCAC 02H.0507(c) Justification:A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. In determining that the proposed activity will comply with state water quality standards(including designated uses,numeric criteria, narrative criteria and the state's antidegradation policy), the project must provide for replacement of existing uses through compensatory mitigation. 3. The Permittee shall submit a final Stream Mitigation Monitoring Plan to the Division at least 60 days prior to initiation of stream relocation and restoration activities. The site shall comply with the final Stream Mitigation Monitoring Plan. If the Division determine that the site fails to meet the Performance Standards as stated in the approved mitigation plan,the Division may require the Permittee to conduct maintenance or repair activities,continue to monitor the site beyond the initial 7-year monitoring period and/or provide alternative compensation for relocation impacts to Forney Creek. The stream relocation/restoration and associated protected buffers must be preserved in perpetuity by use of a conservation easement or other similar mechanism. The Permittee shall submit a copy of the draft protection mechanism and a map showing the limits of the protected area to the Division for review and approval prior to conducting any impacts authorized in this Certification. Citation: 15A NCAC 02H.0506(c);15A NCAC 02H.0507(c) Justification:A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. In determining that the proposed activity will comply with state water quality standards(including designated uses, numeric criteria,narrative criteria and the state's antidegradation policy), the project must provide for replacement of existing uses through compensatory mitigation. 4. Stormwater runoff from impervious surfaces shall be addressed in one or more of the regulated programs:an approved Sediment and Erosion Control Plan,a NPDES stormwater permit,a NPDES wastewater permit,a Mining Permit,or a Division approved Stormwater Management Plan. Citation: 15A NCAC 02H.0506(b);15A NCAC 02H.0507(c) Justification:In order to protect against impairment of water quality standards and best usage of receiving and downstream waters, water quality based management practices must be employed to protect against direct or indirect discharge of waste or other sources of water pollution.Surface water quality standards require that conditions of waters be suitable for all best uses provided for in North Carolina Department of Environmental Quality I Division of Water Resources DL Q Q�' 512 North Salisbury Street 1 1611 Mail Service Center I Raleigh.North Carolina 27699-1611 n< iti c;� xga ; mts;o,,",� 919.707.90a0 DocuSign Envelope ID:D85BBA38-186D-4B90-9F22-1ACOD750DAFF Hedrick Industries Inc. DWR#20211505 Individual Certification#WQC004772 Page 6 of 11 state rule(including,at minimum:aquatic life propagation,survival,and maintenance of biological integrity, wildlife,secondary contact recreation,agriculture)and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. in determining that the proposed activity will comply with state water quality standards(including designated uses, numeric criteria,narrative criteria and the states antidegradation policy), the Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards, or would result in secondary or cumulative impacts. 5. The permittee shall report to the DWR Mooresville 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) Justification:Timely reporting of non-compliance is important in identifying and minimizing detrimental impacts to water quality and avoiding impacts due to water pollution that precludes any best use on a short-term or long-term basis. 6. No waste,spoil,solids,or fill of any kind shall occur in wetlands or waters beyond the footprint of the approved impacts(including temporary impacts). Citation: 15A NCAC 02H.0506;15A NCAC 02H.0507(c) Justification:Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule(including,at minimum:aquatic life propagation,survival, and maintenance of biological integrity;wildlife;secondary contact recreation;agriculture);and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. 7. 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) Justification:The referenced Riparian Buffer rules were adopted to address water quality impairments and further protect existing uses. 8. 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 and/or the NC Mining Act). Citation: 15A NCAC 02H.0506(b);15A NCAC 02H.0507(c);15A NCACO2B.0200;15A NCAC 02B.0231 Justification:A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis.As cited in Stream Standards:(12)Oils, North Carolina Department of Environmental Quality I Division of Water Resources 01 , 512 North Salisbury Street 1 1611 Mail Service Center I Raleigh.North Carolina 27699-1611 NA oepsrtm«notEmvoama,tatauxxp� �`, 919.707.9000 DocuSign Envelope ID:D85BBA38-186D-4B90-9F22-1ACOD750DAFF Hedrick Industries Inc. DWR#20211505 Individual Certification#WQC004772 Page 7 of 11 deleterious substances, or colored or other wastes:only such amounts as shall not render the waters injurious to public health,secondary recreation, or to aquatic life and wildlife,or adversely affect the palatability offish,aesthetic quality, or impair the waters for any designated uses;and(21)turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units(NTU)in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NFU;if turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall not be increased. As cited in Wetland Standards:(c)(1)Liquids,fill or other solids,or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses;and(3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 9. Sediment and erosion control measures shall not be installed in wetland or waters except within the footprint of temporary or permanent impacts otherwise authorized by this Certification. If placed within authorized impact areas,then placement of such measures shall not be conducted in a manner that results in dis-equilibrium of any wetlands,streambeds,or streambanks. Any silt fence installed within wetlands shall be removed from wetlands and the natural grade restored within two (2) months of the date that DEMLR or locally delegated 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 Justification:A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis.As cited in Stream Standards:(12)Oils, deleterious substances, or colored or other wastes:only such amounts as shall not render the waters injurious to public health,secondary recreation,or to aquatic life and wildlife,or adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated uses;and(21)turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units(NTU)in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU;if turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall not be increased. As cited in Wetland Standards:(c)(1)Liquids,fill or other solids,or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses;and(3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 10. 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) Justification:A project that affects waters shall not be permitted unless the existing uses(including aquatic life propagation and biological integrity),and the water quality to protect such uses, are protected. Protections are necessary to ensure any remaining surface waters or wetlands, and any surface waters or wetlands downstream,continue to support existing uses during and after project completion. The Division must evaluate if the activity has avoided and minimized impacts to waters, North Carolina Department of Environmental Quality I Division of Watcr Rcsourccs IDD L Qz$ 512 North Salisbury Street 11611 Mail Service Center I Raleigh,North Carolina 27699-1611 � „�.0.\J 919.707.9000 DocuSign Envelope ID:D85BBA38-186D-4B9D-9F22-1ACOD750DAFF Hedrick Industries Inc. DWR#20211505 Individual Certification#WQC004772 Page 8 of 11 would cause or contribute to a violation of standards, or would result in secondary or cumulative impacts. 11. If the project is covered by NPDES Construction Stormwater Permit Number NCGO10000 or NPDES Construction Stormwater Permit Number NCG250000,full compliance with permit conditions including the erosion&sedimentation control plan,inspections and maintenance,self-monitoring, record keeping and reporting requirements is required. Citation: 15A NCAC 02H.0506(b);15A NCAC 02H.0507(c);15A NCAC 02B.0200;15A NCAC 02B.0231 Justification:A project that affects waters shall not be permitted unless the existing uses,and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis.As cited in Stream Standards:(12)Oils, deleterious substances, or colored or other wastes:only such amounts as shall not render the waters injurious to public health,secondary recreation,or to aquatic life and wildlife,or adversely affect the palatability offish, aesthetic quality,or impair the waters for any designated uses;and(21)turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units(NTU)in streams not designated as trout waters and 10 NTU in streams,lakes, or reservoirs designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU;if turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall not be increased. As cited in Wetland Standards:(c)(1)Liquids,fill or other solids,or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses;and(3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 12. 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 Department of Transportation Construction and Maintenance Activities Manual,such as sandbags, rock berms,cofferdams,and other diversion structures shall be used to minimize excavation in flowing water. Citation: 15A NCAC 02H.0506(b);15A NCAC 02H.0507(c);15A NCAC 028.0200 Justification:Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule,and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards:(12)Oils,deleterious substances,or colored or other wastes:only such amounts as shall not render the waters injurious to public health,secondary recreation, or to aquatic life and wildlife,or adversely affect the palatability offish, aesthetic quality,or impair the waters for any designated uses;and(21)turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units(NTU)in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters;for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU;if turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall not be increased. 13. Bridge deck drains shall not discharge directly into streams or wetlands. Stormwater shall be directed across the bridge and pre-treated through site-appropriate means to the maximum extent North Carolina Department of Environmental Quality I Division of Water Resources D-L 512 North Salisbury Street 1 1611 Mail Service Center I Ralcigh.North Carolina 27699-1611 i._NT.!ClW'71 pyA 919.707.9000 DocuSign Envelope ID:D85BBA38-186D-4B90-9F22-1ACOD750DAFF Hedrick Industries Inc. DWR#20211505 Individual Certification#WQC004772 Page 9 of 11 practicable(e.g.grassed swales,pre-formed scour holes,vegetated buffers,etc.)before entering streams or wetlands. Citation: 15A NCAC 02H.0506(b);15A NCAC 02H.0507(c) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. Ensuring that in-stream structures are installed properly will ensure that surface water quality standards are met and conditions of waters are suitable for all best uses. 14. 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 02H.0506(b);15A NCAC 02H.0507(c);15A NCAC 02B.0200;15A NCAC 02B.0231 Justification:A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis.As cited in Stream Standards:(12)Oils, deleterious substances, or colored or other wastes:only such amounts as shall not render the waters injurious to public health,secondary recreation,or to aquatic life and wildlife,or adversely affect the palatability offish, aesthetic quality,or impair the waters for any designated uses. As cited in Wetland Standards:(c)(1)Liquids,fill or other solids,or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses;and(3)Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 15. 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. Citation: 15A 02H.0506(b);15A NCAC 02H.0507(c);15A NCAC 028.0200;15A NCAC 02B.0231 Justification:A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis.As cited in Stream Standards:(12)Oils, deleterious substances, or colored or other wastes:only such amounts as shall not render the waters injurious to public health,secondary recreation,or to aquatic life and wildlife,or adversely affect the palatability offish, aesthetic quality,or impair the waters for any designated uses.As cited in Wetland Standards:(c)(1)Liquids,fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses;and(3)Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 16. 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 North Carolina Department of Environmental Quality i Division of Water Resources 15 512 Nortlr Salisbury Street 1 1611 Mail Service Center I Raleigh,North Carolina 27699-1611 �y rt Era, sty 919.707.9000 DoCuSign Envelope ID:D85BBA38-186D-4B90-9F22-1ACOD750DAFF Hedrick Industries Inc. DWR#20211505 Individual Certification#WQC004772 Page 10 of 11 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;15A NCAC 02B.0231 Justification:A project that affects waters shall not be permitted unless the existing uses,and the water quality to protect such uses,are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis.As cited in Stream Standards:(12)Oils, deleterious substances,or colored or other wastes:only such amounts as shall not render the waters injurious to public health,secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability offish, aesthetic quality,or impair the waters for any designated uses.As cited in Wetland Standards:(c)(1)Liquids,fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses;and(3)Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 17. Heavy equipment working in wetlands shall be placed on mats or other measures shall be taken to minimize soil disturbance and compaction. Citation: 15A NCAC 02H.0506(b);15A NCAC 02H.0507(c);15A NCAC 02B.0231 Justification: Wetland standards require maintenance or enhancement of existing uses of wetlands such that hydrologic conditions necessary to support natural biological and physical characteristics are protected;populations of wetland flora and fauna are maintained to protect biological integrity of the wetland;and materials or substances are not present in amounts that may cause adverse impact on existing wetland uses. 18. In accordance with 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) Justification:Person(s)owning or having control over oil or other substances upon notice of discharge must immediately notify the Department, or any of its agents or employees, of the nature, location,and time of the discharge and of the measures which are being taken or are proposed to be taken to contain and remove the discharge. This action is required in order to contain or divert the substances to prevent entry into the surface waters.Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule(including, at minimum: aquatic life propagation,survival, and maintenance of biological integrity;wildlife;secondary contact recreation,agriculture);and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. North Carolina Department of Environmental Quality I Division of Water Resources 10 L L Q 512 North Salisbury Street 1 1611 Mail Service Center I Raleigh.North Carolina 27699-1611 �f ��� 919.707.9000 DocuSign Envelope ID:D85BBA38-186D-4B90-SF22-1ACOD750DAFF Hedrick Industries Inc. DWR#20211505 Individual Certification#WQC004772 Page 11 of 11 19. 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) Justification:Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule,and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. The Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards, or would result in secondary or cumulative impacts. 20. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this certification 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 Water Quality Certification. A copy of this Water Quality Certification shall be available at the project site during the construction and maintenance of this project. Citation:15A NCAC 02H.0506(b);15A NCAC 02H.0507(c) Justification:Those actually performing the work should be aware of the requirements of this 401 Water Quality Certification to minimize water quality impacts. This approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 Permit. The conditions in effect on the date of issuance shall remain in effect for the life of the project, regardless of the expiration date of this Certification. [15A NCAC 02H .0507(c)] This,the 18th day of April,2022 DocuSigned by: 949D99BAWERE0... Paul Wojoski,Supervisor 401&Buffer Permitting Branch PAW/SLH North Carolina Department of Environmental Quality I Division of Water Resources IQ�}S 512 North Salisbury Street 11611 Mail Service Center I Raleigh,North Carolina 27699-1611 �/ 919.707,9000 orun,�n w ase+t�