HomeMy WebLinkAbout20210459 Ver 1_Approval Letter_20211029ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
S. DANIEL SMITH
Director
J.S. Weeks Sand Company, Inc.
Attn: Joseph Weeks
P.O. Box 540
Cameron, NC 28326
NORTH CAROLINA
Environmental Quality
October 29, 2021
Subject: Approval of Individual 401 Water Quality Certification
Weeks Sand Pit #3
USACE Action ID. No. SAW-2017-00956
Dear All:
DWR # 20210459
Harnett County
Attached hereto is a copy of Certification No. WQC004520 issued to Joseph Weeks and J.S. Weeks
Sand Company, Inc, dated October 29, 2021. This approval is for the purpose and design
described in your application submitted on September 4, 2021 with fee received on September 9,
2021 and additional information provided on October 18, 2021 and October 28, 2021. 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 may be required to
submit a new application package with the appropriate fee. If the property is sold, the new
owner must be given a copy of this 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
North Carolina Department of Environmental Quality I Division of Water Resources
Fayetteville Regional Office 1 225 Green Street, Suite A41 Fayetteville, North Carolina 28301
NORiH CAROLINA �
wort..M u, Witty 910,433.3300
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.
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 for the 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 Fayetteville 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 Fayetteville Regional Office any noncompliance with, and/or
any violation of, stream or wetland standards [15A NCAC 02B .02001 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. 143-215.51.
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.
One (1) copy of the Petition must also be served to the North Carolina Department of
Environmental Quality:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the Division's review under section 401 of the Clean Water Act and 15A
NCAC 02H .0500. Please contact Chad Turlington at (910) 433-3320 or
chad.turlington@ncdenr.gov if you have any questions or concerns.
D ��� North Carolina Department of Environmental Quality I Division of Water Resources
Fayetteville Regional Office 1 225 Green Street, Suite 7141 Fayetteville, [North Carolina 28301
NORTH CAROLINA
D nm. eof ���� a�+\ �� 910.433.3300
Sincerely,
Do�"c�"uSigL�ne/dby��
Regional Supervisor
Division of Water Resources
Water Quality Regional Operations Section
cc: Wyatt Brown — Brown's Environmental Group, Inc. (via email)
Liz Hair - USACE Wilmington Regulatory Field Office (via email)
DWR 401 & Buffer Permitting Branch Electronic file
D ��� North Carolina Department of Environmental Quality I Division of Water Resources
Fayetteville Regional Office 1 225 Green Street, Suite 714 1 Fayetteville, North Carolina 28301
NORTH CAROLiNA
D ^m. ^ 0 au^\ 910.433.3300
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #WQC004520 is 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 Joseph Weeks and J.S. Weeks Sand Company,
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 September 4, 2021 and additional
information provided on October 18, 2021 and October 28, 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
Amount Approved (units)
(units) Permanent
Temporary
Wetland Impact PC-1
0.025 (acres)
(acres)
Wetland Impact PC-2
0.025 (acres)
(acres)
Wetland Impact PC-3
0.081 (acres)
(acres)
Intermittent Stream
33 (linear feet)
(linear feet)
Impact PC-1
Intermittent Stream
22 (linear feet)
(linear feet)
Impact PC-1 rip -rap
(permanent impact, no
permanent loss)
Intermittent Stream
29 (linear feet)
(linear feet)
Impact PC-2
Intermittent Stream
14 (linear feet)
(linear feet)
Impact PC-2 rip -rap
(permanent impact, no
permanent loss)
This approval requires you to follow the conditions listed in the certification below.
CONDITIONS OF CERTIFICATION [15A NCAC 02H .0507(c)]:
If this Water Quality Certification is used to access residential, commercial or industrial
building sites, then all parcels owned by the permittee that are part of the single and
complete project authorized by this Certification must be buildable without additional
impacts to streams or wetlands.
North Carolina Department of Environmental Quality I Division of Water Resources
Fayetteville Regional Office 1 225 Green Street, Suite 714 1 Fayetteville, North Carolina 28301
NORTH CARQUNA
D ^m. ^ 0 a^^\ 910.433.3300
Citation: 15A NCAC 02H .0502(a),15A NCAC 02H .0506(b), 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
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.
2. Mitigation must be provided for the proposed impacts as specified in the table below. The
Division has received an acceptance letter from the NC Division of Mitigation Services (DMS)
to meet this mitigation requirement. Until the DMS receives and clears your payment, and
proof of payment has been provided to this Office, no impacts specified in this
Authorization Certificate shall occur. For accounting purposes, this Authorization Certificate
authorizes payment to the DMS to meet the following compensatory mitigation
requirement [15A NCAC 02H .0506(c)]:
Compensatory Mitigation
Required
River & Sub -basin
Number
Wetlands
0.131 (acres)
CPF 13 03030004
3. For road construction purposes, this Certification shall only be utilized from natural high
ground to natural high ground.
Citation: 15A NCAC 02H .0502(a),15A NCAC 02H .0506(b), 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
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.
4. The permittee shall report to the DWR Fayetteville Regional Office any noncompliance with,
and/or any violation of, stream or wetland standards [15A NCAC 02B .02001, 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.
D ��� North Carolina Department of Environmental Quality I Division of Water Resources
Fayetteville Regional Office 1 225 Green Street, Suite 714 1 Fayetteville, North Carolina 28301
NORTH CAROLiNA
D ^m. ^ 0 a^^\ 910.433.3300
5
0
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.
When applicable, all construction activities shall be performed and maintained in full
compliance with G.S. Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973).
Regardless of applicability of the Sediment and Pollution Control Act, all projects shall
incorporate appropriate Best Management Practices for the control of sediment and
erosion so that no violations of state water quality standards, statutes, or rules occur.
Design, installation, operation, and maintenance of all sediment and erosion control
measures shall be equal to or exceed the requirements specified in the most recent version
of the North Carolina Sediment and Erosion Control Manual, or for linear transportation
projects, the North Caroline Department of Transportation Sediment and Erosion Control
Manual.
All devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil)
sites, including contractor -owned or leased borrow pits associated with the project.
Sufficient materials required for stabilization and/or repair of erosion control measures
and stormwater routing and treatment shall be on site at all times.
For borrow pit sites, the erosion and sediment control measures shall be designed,
installed, operated, and maintained in accordance with the most recent version of the
North Carolina Surface Mining Manual. Reclamation measures and implementation shall
comply with the reclamation in accordance with the requirements of the Sedimentation
Pollution Control Act and the Mining Act of 1971.
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, 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
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Depa ,m ul D Imnwntsl Duel
North Carolina Department of Environmental Quality I Division of Water Resources
Fayetteville Regional Office 1 225 Green Street, Suite 714 1 Fayetteville, North Carolina 28301
910.433.3300
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.
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 028 .0200, 15A NCAC
028.0231
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.
8. 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 NCSediment 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 wat er.
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: (2) 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 of fish, aesthetic quality, or impair the
waters for any designated uses; and (12) 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
QQ,� North Carolina Department of Environmental Quality I Division of Water Resources
EFayetteville Regional Office 1 225 Green Street, Suite 7141 Fayetteville, [North Carolina 28301
NORTH CAROLINA
D nm. eof ���� a�+\ �� 910.433.3300
levels due to natural background conditions, the existing turbidity level shall not be
increased.
9. Any rip -rap required for proper culvert placement, stream stabilization, or restoration of
temporarily disturbed areas shall be restricted to the area directly impacted by the
approved construction activity. All rip -rap shall be placed such that the original streambed
elevation and streambank contours are restored and maintained and shall consist of clean
rock or masonry material free of debris or toxic pollutants. Placement of rip -rap or other
approved materials shall not result in de -stabilization of the stream bed or banks upstream
or downstream of the area or be installed in a manner that precludes aquatic life passage.
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.
10. Any rip -rap used for stream or shoreline stabilization shall be of a size and density to
prevent movement by wave, current action, or stream flows, and shall consist of clean rock
or masonry material free of debris or toxic pollutants. Rip -rap shall not be installed in the
streambed except in specific areas required for velocity control and to ensure structural
integrity of bank stabilization measures.
Citation: 15A NCAC 02H .0506{b), 15A NCAC 02H .0507{c); 15A NCAC 028.0201
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.
11. 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; 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
D ��� North Carolina Department of Environmental Quality I Division of Water Resources
Fayetteville Regional Office 1 225 Green Street, Suite 7141 Fayetteville, [North Carolina 28301
NORTH CAROLINA
D nm. eof ���� a�+\ �� 910.433.3300
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.
12. 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.
13. 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.
14. 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 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)
D ��� North Carolina Department of Environmental Quality I Division of Water Resources
Fayetteville Regional Office 1 225 Green Street, Suite 714 1 Fayetteville, North Carolina 28301
NORTH CAROLiNA
D ^m. ^ 0 a^^\ 910.433.3300
Justification: Those actually performing the work should be aware of the requirements of
this 401 Water Quality Certification to minimize water quality impacts.
15. 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, would cause or contribute to a violation of
standards, or would result in secondary or cumulative impacts.
16. Culverts shall be designed and installed in such a manner that the original stream profiles
are not altered and allow for aquatic life movement during low flows. The dimension,
pattern, and profile of the stream above and below a pipe or culvert shall not be modified
by widening the stream channel or by reducing the depth of the stream in connection with
the construction activity. The width, height, and gradient of a proposed culvert shall be such
as to pass the average historical low flow and spring 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 be below the elevation of the
streambed by one foot for all culverts with a diameter greater than 48 inches, and 20% of
the culvert diameter for culverts having a diameter less than or equal to 48 inches, to allow
low flow passage of water and aquatic life. If the 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.
For structures less than 72" in diameter/width, and topographic constraints indicate culvert
slopes of greater than 2.5% culvert burial is not required, provided that all alternative
options for flattening the slope have been investigated and aquatic life
movement/connectivity has been provided when possible (e.g. rock ladders, cross -vanes,
sills, baffles etc.). Notification, including supporting documentation to include a location
map of the culvert, culvert profile drawings, and slope calculations, shall be provided to
DWR 30 calendar days prior to the installation of the culvert.
D ��� North Carolina Department of Environmental Quality I Division of Water Resources
Fayetteville Regional Office 1 225 Green Street, Suite 7141 Fayetteville, [North Carolina 28301
NORTH CAROLINA
D nm. eof ���� a�+\ �� 910.433.3300
When bedrock is present in culvert locations, culvert burial is not required, provided that
there is sufficient documentation of the presence of bedrock. Notification, including
supporting documentation such as a location map of the culvert, geotechnical reports,
photographs, etc. shall be provided to DWR a minimum of 30 calendar days prior to the
installation of the culvert. If bedrock is discovered during construction, then DWR shall be
notified by phone or email within 24 hours of discovery.
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)
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.
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 or CAMA 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 29th day of October, 2021
Do�c�uSigLne/d'�by��
E
M.mil lJ�.-llAA.
'p $t3Ad1erP ..
Regional Supervisor
Division of Water Resources
Water Quality Regional Operations Section
D ��� North Carolina Department of Environmental Quality I Division of Water Resources
Fayetteville Regional Office 1 225 Green Street, Suite 7141 Fayetteville, [North Carolina 28301
NORTH CAROLINA
D nm. eof ���� a�+\ �� 910.433.3300
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
S. DANIEL SMITH
Director
DWR Project No.:
Applicant:
Project Name:
NORTH CAROLINA
Environmental Quality
County:
Date of Issuance of 401 Water Quality Certification:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and
any subsequent modifications, the applicant is required to return this certificate to the DWR Central Office —
Wetlands and Buffers Permitting Unit at 1650 Mail Service Center, Raleigh, NC 27699-1650. This form may be
returned to DWR by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary
to send certificates from all of these.
Applicant's Certification
I, , hereby state that, to the best of my abilities, due care and
diligence was used in the observation of the construction such that the construction was observed to be built
within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved
plans and specifications, and other supporting materials.
Signature: Date:
Agent's Certification
I, , hereby state that, to the best of my abilities, due care and
diligence was used in the observation of the construction such that the construction was observed to be built
within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved
plans and specifications, and other supporting materials.
Signature: Date:
If this project was designed by a Certified Professional
I, , as a duly registered Professional (i.e., Engineer,
Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe
(periodically, weekly, full time) the construction of the project, for the Permitee hereby state that, to the best of
my abilities, due care and diligence was used in the observation of the construction such that the construction
was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and
Buffer Rules, the approved plans and specifications, and other supporting materials.
Signature:
Date
Registration No.
D E Q North Carolina Department of Environmental Quality I Division of Water Resources Fayetteville Regional Office 1 225 Green Street, Suite 714 1 Fayetteville, North Carolina 28301
NORTH CAROLINA -
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