20220061 Ver 1_Approval Letter_20220406

North Carolina Department of Environmental Quality | Division of Water Resources
Fayetteville Regional Office | 225 Green Street, Suite 714 | Fayetteville, North Carolina 28301
910.433.3300

April 6, 2022

DWR # 20220061
Harnett County

Highland Paving Company, LLC
Attn: Brian Raynor
2031 Middle Road
Fayetteville, NC 28321

Subject: Approval of Individual 401 Water Quality Certification
US 401 Asphalt Plant
USACE Action ID. No. SAW-2022-0129

Dear Mr. Raynor:

Attached hereto is a copy of Certification No. WQC004758 issued to Brian Raynor and Highland Paving
Company, LLC, dated April 6, 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.

North Carolina Department of Environmental Quality | Division of Water Resources
Fayetteville Regional Office 225 Green Streety, Suite 714 Fayetteville, North Carolina 28301
910.433.3300

Highland Paving Company, LLC
DWR# 20220061
Individual Certification #WQC004758
Page 2 of 10

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 .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

North Carolina Department of Environmental Quality | Division of Water Resources
Fayetteville Regional Office 225 Green Streety, Suite 714 Fayetteville, North Carolina 28301
910.433.3300

Highland Paving Company, LLC
DWR# 20220061
Individual Certification #WQC004758
Page 3 of 10

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 Chad Turlington at [phone] or [e-mail] if you have any
questions or concerns.

Sincerely,

Trent Allen
Regional Supervisor
Division of Water Resources
Water Quality Regional Operations Section

Electronic cc: Krissina Newcomb – Hal Owen & Associates, Inc. (via email)
Liz Hair - USACE Wilmington Regulatory Field Office (via email)
DWR 401 & Buffer Permitting Branch Electronic file

North Carolina Department of Environmental Quality | Division of Water Resources
Fayetteville Regional Office 225 Green Streety, Suite 714 Fayetteville, North Carolina 28301
910.433.3300

Highland Paving Company, LLC
DWR# 20220061
Individual Certification #WQC004758
Page 4 of 10

NORTH CAROLINA 401 WATER QUALITY CERTIFICATION

CERTIFICATION #WQC004758 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 Brian Raynor and Highland Paving Company, LLC, who have authorization for
the impacts listed below, as described within your application received by the N.C. Division of Water
Resources (Division) on January 10, 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
Stream Impact 1 62 (linear feet) (linear feet)
Stream Impact 2 17 (linear feet) (linear feet)
404/401 Wetlands
W1 0.050 (acres) (acres)

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

CONDITIONS OF CERTIFICATION [15A NCAC 02H .0507(c)]:
1. Because the stormwater management plan approved by Harnett County is being used to meet
stormwater requirements on this project, you are required to submit a digital copy of the approved
stormwater management plan (SMP) including plan details on scaled plan sheets with proof of the
Harnett County’s approval or their approval of the project as low density. The approved SMP and/or
County low density approval shall be submitted to Chonticha McDaniel of the DWR 401 and Buffer
Permitting Branch ([e-mail]) before any impacts authorized in this
certification occur. After it is approved, the SMP may not be modified without prior written
authorization from Harnett County. If modified, a digital copy of the approval letter and the
modified SMP shall also be submitted to the DWR 401 & Buffer Permitting Branch (at the email
address above) prior to the commencement of the modifications. [15A NCAC 02H .0506(b) and
0507(c)]
2. 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

North Carolina Department of Environmental Quality | Division of Water Resources
Fayetteville Regional Office 225 Green Streety, Suite 714 Fayetteville, North Carolina 28301
910.433.3300

Highland Paving Company, LLC
DWR# 20220061
Individual Certification #WQC004758
Page 5 of 10

authorized by this Certification must be buildable without additional impacts to streams or
wetlands.

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.
3. 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 .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. 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.

5. Deed notifications or similar mechanisms shall be placed on all lots/parcels with retained
jurisdictional wetlands, waters, and state regulated riparian buffers within the project boundaries in
order to assure compliance with NC Water Quality Certification Rules (15A NCAC 02H .0500), NC
Isolated Wetland Rules (15A NCAC 02H .1300), and/or State Regulated Riparian Buffer Rules (15A
NCAC 02B .0200). These mechanisms shall be put in place at the time of recording of the property or
individual parcels, whichever is appropriate.

Citation: 15A NCAC 02H .0502(a);15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)

North Carolina Department of Environmental Quality | Division of Water Resources
Fayetteville Regional Office 225 Green Streety, Suite 714 Fayetteville, North Carolina 28301
910.433.3300

Highland Paving Company, LLC
DWR# 20220061
Individual Certification #WQC004758
Page 6 of 10

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.
6. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the footprint of
the approved impacts (including temporary impacts).
Citation: 15A NCAC 02H .0506; 15A NCAC 02H .0507(c)
7. 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 NCAC02B .0200; 15A NCAC 02B
.0231
8. 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

North Carolina Department of Environmental Quality | Division of Water Resources
Fayetteville Regional Office 225 Green Streety, Suite 714 Fayetteville, North Carolina 28301
910.433.3300

Highland Paving Company, LLC
DWR# 20220061
Individual Certification #WQC004758
Page 7 of 10

9. 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)
10. 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
11. 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
12. 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.
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

North Carolina Department of Environmental Quality | Division of Water Resources
Fayetteville Regional Office 225 Green Streety, Suite 714 Fayetteville, North Carolina 28301
910.433.3300

Highland Paving Company, LLC
DWR# 20220061
Individual Certification #WQC004758
Page 8 of 10

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)
13. 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
14. 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
15. 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.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
16. 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)

North Carolina Department of Environmental Quality | Division of Water Resources
Fayetteville Regional Office 225 Green Streety, Suite 714 Fayetteville, North Carolina 28301
910.433.3300

Highland Paving Company, LLC
DWR# 20220061
Individual Certification #WQC004758
Page 9 of 10

17. 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
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. 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
20. 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)
21. 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)
22. 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)]

North Carolina Department of Environmental Quality | Division of Water Resources
Fayetteville Regional Office 225 Green Streety, Suite 714 Fayetteville, North Carolina 28301
910.433.3300

Highland Paving Company, LLC
DWR# 20220061
Individual Certification #WQC004758
Page 10 of 10

This, the 6th day of April, 2022

Trent Allen
Regional Supervisor
Division of Water Resources
Water Quality Regional Operations Section

North Carolina Department of Environmental Quality | Division of Water Resources
Fayetteville Regional Office | 225 Green Street, Suite 714 | Fayetteville, North Carolina 28301
910.433.3320

DWR Project No.: __________________ County: ____________________________________
Applicant: __________________________________________________________________________
Project Name: ______________________________________________________________________
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: ______________________________________ Registration No. ________________
Date ___________________