20211864 Ver 1_Approval Letter_20220209

ROY COOPER.
Governor
ELIZABETH S. BISER
Secretary
S. DANIEL SMITH NORTH CAROLINA
Director Environmental Quality
February 9, 2022
DWR # 21-1864
Stanly County
Christine Farrell
Morrow Mtn. State Park
1615 Mail Service Center
Raleigh, NC 27699
sent via email to: [e-mail]
Subject: Approval of Individual 401 Water Quality Certification
Morrow Mtn. State Park Trail Project
Dear Ms. Farrell:
Attached hereto is a copy of Certification No. WQC004630 issued to Morrow Mtn. State Park/Christine
Farrell, dated February 9, 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 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 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.
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.
NCR I, CAIICUNA
D
fl,Pprhrmnl or Envlrpnmonul OnaIlly
North Carolina Department of Environmental Quality 1 Division of Water Resources
Mooresville Regional Office 1610 East Center Avenue, Suite 301 I Mooresville, North Carolina 28115
704.663.1699

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 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]. Please be aware
that impacting waters without first applying for and securing the issuance of a 401 Water Quality
Certification violates Title 15A of the North Carolina Administrative Code (NCAC) 2H .0500. Title 15A
NCAC 2H .0500 requires certifications pursuant to Section 401 of the Clean Water Act whenever
construction or operation of facilities will result in a discharge into navigable waters, including wetlands,
as described in 33 Code of Federal Regulations (CFR) Part 323. It also states any person desiring
issuance of the State certification or coverage under a general certification required by Section 401 of
the Federal Water Pollution Control Act shall file with the Director of the North Carolina Division of
Water Quality. Pursuant to G.S. 143-215.6A, these violations and any future violations are subject to a
civil penalty assessment of up to a maximum of $25,000.00 per day for each violation.
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 [phone].
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
NORTH CAROLINAD
nep,lnent of EmllenTenial Quell\
North Carolina Department of Environmental Quality j Division of Water Resources
Mooresville Regional Office 1610 East Center Avenue, Suite 301 I Mooresville, North Carolina 28115
704.663.1699

This letter completes the Division's review under section 401 of the Clean Water Act and 15A NCAC
02H .0500. Please contact Alan Johnson at 704-235-2200 or [e-mail] if you have any
questions or concerns.
Sincerely,
DocuSigned by:
for
F161FB69A2D84A3...
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office, DEQ
cc: Krysta Stygar, USACE Regulatory Field Office, email
DWR 401 & Buffer Permitting Branch Electronic file
NORTH CAROLINAD
oenmm,am of 000lnnmendi a�r�
North Carolina Department of Environmental Quality j Division of Water Resources
Mooresville Regional Office 1610 East Center Avenue, Suite 301 I Mooresville, North Carolina 28115
704.663.1699

NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #WQC004630 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 N.C. State Parks (Morrow Mtn) and Christine Farrell, who have authorization
for the impacts listed below, as described within your application received by the N.C. Division of Water
Resources (Division) on December 20, 2021, and subsequent information on February 3, 2022, and by
Public Notice issued by the U. S. Army Corps of Engineers and received by the Division on December 22,
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)
Permanent
Amount Approved (units)
Temporary
Stream (fords)
76 (linear feet)
4 (If. — bank only)
X (linear feet)
404/401 Wetlands
X (acres)
X (acres)
This approval requires you to follow the conditions listed in the certification below.
CONDITIONS OF CERTIFICATION [15A NCAC 02H .0507(c)]:
1. Diversion Ditches and other storm water conveyances as related to the sediment and erosion control
measures shall be matted and/or stabilized to reduce sediment loss and turbidity. This includes
interior/exterior slopes of sediment basins. 15A NCAC 02H .0506 (b)(3) and (c)(3)
2. 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)
3. In -stream structures installed to mimic natural channel geomorphology such as cross -vanes, sills,
step -pool structures, etc. shall be designed and installed in such a manner that allow for continued
aquatic life movement. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
4. All proposed and approved temporary (including fill/culverts/riprap) impacts shall be removed and
the impacted area(s) 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 and
allow to naturalize. Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H .0507(c)
5. Any rip -rap used for shoreline or streambank 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
North Carolina Department of Environmental Quality j Division of Water Resources
Mooresville Regional Office 1610 East Center Avenue, Suite 301 I Mooresville, North Carolina 28115
704.663.1699

6. 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
7. 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
028 .0200; 15A NCAC 028 .0231
8. 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 028 .0231
9. 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)
10. 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.
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); 15A NCAC
02H .0507(c); 15A NCACO28 .0200; 15A NCAC 028 .0231
NcaT;caaouNn
Department of Environmental 4uMIty
North Carolina Department of Environmental Quality Division of Water Resources
Mooresville Regional Office 1610 East Center Avenue, Suite 301 I Mooresville, North Carolina 28115
704.663.1699

11. 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 028.0200; 15A NCAC 028 .0231
12. 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 & 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
13. 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)
14. 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)
15. 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)
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)]
NORTH CAROLINAD
nep.lnent of Emlmnmenial Quell\
This, the 9th day of February 2022
L14.01414V
DocuSigned by:
H P.444.4
F161FB69A2D84A3...
for
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office, DEQ
North Carolina Department of Environmental Quality j Division of Water Resources
Mooresville Regional Office 1610 East Center Avenue, Suite 301 I Mooresville, North Carolina 28115
704.663.1699