20220310 Ver 1_Approval Letter_20220401

North Carolina Department of Environmental Quality | Division of Water Resources
Asheville Regional Office | 2090 U.S. Highway 70 | Swannanoa, North Carolina 28778
828.296.4500
SENT VIA ELECTRONIC MAIL ONLY: NO HARD COPY WILL BE MAILED

April 01, 2022

DWR # 22-0310
Burke County

Carolina Sand Inc.
Attn: Wayne Cassavaugh
2086 Craig Mountain Road
Lenoir, NC 28645
Email: [e-mail]

Subject: Approval of Individual 401 Water Quality Certification
Carolina Sand Inc. Hydraulic Sand Mining Operation
USACE Action ID. No. SAW-2022-00507

Dear Mr. Cassavaugh:

Attached hereto is a copy of Certification No. 4736 issued to Wayne Cassavaugh and Carolina Sand
Inc., dated April 01, 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.
DocuSign Envelope ID: 4E7B8E1B-9330-4769-998F-BBDF5E635D9F
Carolina Sand Inc.
DWR# 22-0310
Individual Certification #WQC004736
Page 2 of 8

North Carolina Department of Environmental Quality | Division of Water Resources
Asheville Regional Office | 2090 U.S. Highway 70 | Swannanoa, North Carolina 28778
828.296.4500
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 Asheville 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 Asheville 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].
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

DocuSign Envelope ID: 4E7B8E1B-9330-4769-998F-BBDF5E635D9F
Carolina Sand Inc.
DWR# 22-0310
Individual Certification #WQC004736
Page 3 of 8

North Carolina Department of Environmental Quality | Division of Water Resources
Asheville Regional Office | 2090 U.S. Highway 70 | Swannanoa, North Carolina 28778
828.296.4500
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 150B-23(a).

This letter completes the Division’s review under section 401 of the Clean Water Act and 15A NCAC 02H
.0500. Please contact Mitchell Anderson at 828-296-4662 or [e-mail] if you have
any questions or concerns.
Sincerely,

G. Landon Davidson, P.G.
Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ-ARO

Electronic cc: Derek Goddard, BREC, PA
Brandee Boggs, USACE Asheville Regulatory Field Office
Andrea Leslie, North Carolina Wildlife Resources Commission
Peter Minter, Burke County
Todd Bowers, EPA
DWR 401 & Buffer Permitting Branch Electronic file

DocuSign Envelope ID: 4E7B8E1B-9330-4769-998F-BBDF5E635D9F
Carolina Sand Inc.
DWR# 22-0310
Individual Certification #WQC004736
Page 4 of 8

North Carolina Department of Environmental Quality | Division of Water Resources
Asheville Regional Office | 2090 U.S. Highway 70 | Swannanoa, North Carolina 28778
828.296.4500
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION

CERTIFICATION #4736 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 Wayne Cassavaugh and Carolina Sand 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
March 01, 2022 and subsequent information on March 29, 2022, and by Public Notice issued by the Division
on February 28, 2022.

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
S1 0 (linear feet) 10 (linear feet) for return water
discharge associated with 5,000 linear
feet of hydraulic dredging

This approval requires you to follow the conditions listed in the certification below.

CONDITIONS OF CERTIFICATION [15A NCAC 02H .0507(c)]:

1. The discharge of waste [as defined in G.S. 143-213(9)] is not authorized under this Certification.
Citation: 15A NCAC 02B .0211(2) and (12)
2. The discharge shall not contain levels of pollutant(s) that cause or contribute to a violation of state
surface water quality standards, wetland standards, or groundwater standards.
Citation: 15A NCAC 02B .0200 and 15A NCAC 02L .0200
3. The terminal end of the pipeline from the dredge into the retention area shall be positioned at a
DocuSign Envelope ID: 4E7B8E1B-9330-4769-998F-BBDF5E635D9F
Carolina Sand Inc.
DWR# 22-0310
Individual Certification #WQC004736
Page 5 of 8

North Carolina Department of Environmental Quality | Division of Water Resources
Asheville Regional Office | 2090 U.S. Highway 70 | Swannanoa, North Carolina 28778
828.296.4500
maximum distance from spillways to allow adequate settling of suspended solids and a sufficient
distance from any part of the dike so as to preclude dike erosion by the pipeline discharge. Effluent shall
be released waterward of emergent marsh or tidal flats when located within these systems.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
4. A water control structure shall be installed at the intake end of the effluent leading from the retention
area in order to insure maximum settling of suspended solids and control of discharge volumes.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
5. The flow from any diked retention area shall be contained by pipe, metal or wooden trough, or similar
device to a point waterward of any emergent vegetation along the shoreline unless it can be clearly
shown by the permittee that a different design will result in less environmental impact.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
6. Sufficient freeboard shall be maintained within the diked disposal area during the dredging operation to
assure the integrity of the dike structure and the containment of the dredged material.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
7. Hydraulic dredging in piedmont and mountain lakes (as well as some locations in the coastal plain when
specified by DWR) which utilize an upland diked disposal basin with a return pipe for the return water
shall utilize the "two basin" design.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
8. The appropriate turbidity water quality standard shall not be exceeded or be above natural background
conditions as stipulated in 15A NCAC 02B .0211(21) or 02B .0220(19).
Citation: 15A NCAC 02H .0507(c); 15A NCAC 02B .0200
9. Disposal area dikes shall be stabilized with vegetative cover within one (1) day after construction to
minimize erosion.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
10. The permittee shall report to the DWR Asheville 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)
11. 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).
DocuSign Envelope ID: 4E7B8E1B-9330-4769-998F-BBDF5E635D9F
Carolina Sand Inc.
DWR# 22-0310
Individual Certification #WQC004736
Page 6 of 8

North Carolina Department of Environmental Quality | Division of Water Resources
Asheville Regional Office | 2090 U.S. Highway 70 | Swannanoa, North Carolina 28778
828.296.4500
Citation: 15A NCAC 02H .0506; 15A NCAC 02H .0507(c)
12. 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)
13. 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 NCAC02B .0200; 15A NCAC 02B .0231
14. 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
15. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used along
streambanks or within wetlands.
DocuSign Envelope ID: 4E7B8E1B-9330-4769-998F-BBDF5E635D9F
Carolina Sand Inc.
DWR# 22-0310
Individual Certification #WQC004736
Page 7 of 8

North Carolina Department of Environmental Quality | Division of Water Resources
Asheville Regional Office | 2090 U.S. Highway 70 | Swannanoa, North Carolina 28778
828.296.4500
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
16. 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 02B .0200; 15A NCAC 02B .0231
17. 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
18. 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
19. 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)
20. 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)
21. 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)
DocuSign Envelope ID: 4E7B8E1B-9330-4769-998F-BBDF5E635D9F
Carolina Sand Inc.
DWR# 22-0310
Individual Certification #WQC004736
Page 8 of 8

North Carolina Department of Environmental Quality | Division of Water Resources
Asheville Regional Office | 2090 U.S. Highway 70 | Swannanoa, North Carolina 28778
828.296.4500
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 01 day of April 2022

G. Landon Davidson, P.G.
Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ-ARO

GLD/ma
4736

DocuSign Envelope ID: 4E7B8E1B-9330-4769-998F-BBDF5E635D9F