20051806 Ver 2_Approval Letter_20220330

DocuSign Envelope ID: 5FC9F571-3415-4F01-9509-9469451BDCF8
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
March 30, 2022
NORTH CAROLINA
Environmental Quality
DWR #20051806 v2
Edgecombe County
State of North Carolina
NC Wildlife Resources Commission
Attn: Sara Sherman
1720 Mail Service Center
Raleigh, NC 27699
(via email [e-mail])
Subject: Approval of Individua1 401 Water Quality Certification
Old Sparta BAA Restoration
USACE Action ID. No. SAW-2005-1331
Dear Ms. Sherman:
Attached hereto is a copy of Certification No. 4729 issued to Sara Sherman and the NC Wildlife Resources
Commission, dated March 30, 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.
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.
DEQ;
NORTH CAROLINA
Department of Environmental Duality
North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609
919.791.4200

DocuSign Envelope ID: 5FC9F571-3415-4F01-9509-9469451BDCF8
Old Sparta BAA Restoration
DWR# 20051806
Individual Certification #WQC004729
Page 2 of 8
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 Raleigh 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 Raleigh 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 [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
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 Colleen Cohn at 919-791-4258 or [e-mail] if you have any
questions or concerns.
Sincerely,
DocuSigned by:
Sit /1.,
BCDA9D825D4A46D...
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
Electronic cc:
April Norton, USACE Raleigh Regulatory Field Office (via email)
DWR 401 & Buffer Permitting Branch Electronic file
£ D_E
NORTHCAROLINA
Department of Environmental Duel
North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609
919.791.4200

DocuSign Envelope ID: 5FC9F571-3415-4F01-9509-9469451BDCF8
Old Sparta BAA Restoration
DWR# 20051806
Individual Certification #WQC004729
Page 3 of 8
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #4729 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 Sara Sherman and the NC Wildlife Resources Commission, 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 13, 2021, with payment received December 16, 2021,
and additional information received February 15, 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
Open Waters:
01: Boat Ramp
0.01 (acres)
0 (square feet)
This approval requires you to follow the conditions listed in the certification below.
CONDITIONS OF CERTIFICATION [15A NCAC 02H .0507(c)]:
1. Canals or boat basins shall not be dredged beyond their original depth and width. The area shall not be
dredged to a depth deeper than the receiving water.
Citation: 15A NCAC 02H.0506; 15A NCAC 02H .0507(c)
2. All dredge and/or fill materials shall be placed on high ground and excavation shall not occur in
Primary Nursery Areas.
Citation: 15A NCAC 02H .0506(b); 15ANCAC 02H .0507(c)
3. The permittee shall report to the DWR Raleigh 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)
4. 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).
£ D_E
NORTH CAROLINA
Department of Environmental Duel
North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609
919.791.4200

DocuSign Envelope ID: 5FC9F571-3415-4F01-9509-9469451BDCF8
Citation: 15A NCAC 02H . 0506; 15A NCAC 02H . 0507(c)
Old Sparta BAA Restoration
DWR# 20051806
Individual Certification #WQC004729
Page 4 of 8
5. 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)
6. 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
7. 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
8. 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)
9. 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.
£ D_E
NORTHCAROLINA
Department of Environmental Duel
North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609
919.791.4200

DocuSign Envelope ID: 5FC9F571-3415-4F01-9509-9469451BDCF8
Old Sparta BAA Restoration
DWR# 20051806
Individual Certification #WQC004729
Page 5 of 8
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c); 15A NCAC 02B .0200; 15A NCAC
02B .0231
10. 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 02B .0200
11. If activities must occur during periods of high biological activity (e.g. sea turtle nesting, fish
spawning, or bird nesting), then biological monitoring may be required at the request of other state or
federal agencies and coordinated with these activities.
All moratoriums on construction activities established by the NC Wildlife Resources Commission
(WRC), US Fish and Wildlife Service (USFWS), NC Division of Marine Fisheries (DMR), or
National Marine Fisheries Service (NMFS) shall be implemented. Exceptions to this condition require
written approval by the resource agency responsible for the given moratorium.
Work within a designated trout watershed of North Carolina (as identified by the Wilmington District
of the US Army Corps of Engineers), or identified state or federal endangered or threatened species
habitat, shall be coordinated with the appropriate WRC, USFW, NMFS, and/or DMR personnel.
Citation: 15A NCAC 02H . 0506(b); 15A NCAC 02H . 0507(c); 15A NCAC 04B .0125
12. 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)
13. 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
£ D_E
NORTHCAROLINA
Department of Environmental Duel
North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609
919.791.4200

DocuSign Envelope ID: 5FC9F571-3415-4F01-9509-9469451BDCF8
Old Sparta BAA Restoration
DWR# 20051806
Individual Certification #WQC004729
Page 6 of 8
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.
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)
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
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 02B .0200; 15A NCAC 02B .0231
16. All proposed and approved temporary fill and culverts shall be removed and the impacted area shall
be returned to natural conditions within 60 calendar days after the temporary impact is no longer
necessary. The impacted areas shall be restored to original grade, including each stream's original
cross -sectional dimensions, planform pattern, and longitudinal bed profile. All temporarily impacted
sites shall be restored and stabilized with native vegetation.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c)
17. All proposed and approved temporary pipes/culverts/rip-rap pads etc. in streams or wetlands shall be
installed as outlined in the most recent edition of the North Carolina Sediment and Erosion Control
Planning and Design Manual or the North Carolina Surface Mining Manual or the North Carolina
Department of Transportation Best Management Practices for Construction and Maintenance
Activities so as not to restrict stream flow or cause dis-equilibrium during use of this Certification.
£ D_E
NORTHCAROLINA
Department of Environmental Duel
North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609
919.791.4200

DocuSign Envelope ID: 5FC9F571-3415-4F01-9509-9469451BDCF8
Old Sparta BAA Restoration
DWR# 20051806
Individual Certification #WQC004729
Page 7 of 8
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c)
18. 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)
19. 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 02B .0201
20. 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
21. 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
22. 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)
23. 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)
D_E
NORTHCAROLINA
Department of Environmental Duel
North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609
919.791.4200

DocuSign Envelope ID: 5FC9F571-3415-4F01-9509-9469451BDCF8
Old Sparta BAA Restoration
DWR# 20051806
Individual Certification #WQC004729
Page 8 of 8
24. 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)
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 30th day of March 2022
DocuSigned by:
Sit Ui,,,,..,
BCDA9D825D4A46D...
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
CMC
WQC004729
£ D_E
NORTHCAROLINA
Department of Environmental Duel
North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609
919.791.4200