20200018 Ver 1_Approval Letter_20220411

DocuSign Envelope ID: C1CAF910-AA7F-4553-B7ED-C387873D709B
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
April 11, 2022
DWR # 20200018
Burke County
NC Division of Mitigation Services
Attn: Lin Xu
217 West Jones Street
Raleigh, North Carolina 27603
Wildlands Engineering, Inc.
Attn: Jordan Hessler
167-B Haywood Road
Asheville, North Carolina 28806
Subject: Approval of Individual 401 Water Quality Certification
Laurel Valley Mitigation Site
USACE Action ID. No. SAW-2020-00053
Dear Mr. Xu and Mr. Hessler:
Attached hereto is a copy of Certification No. WQC004764 issued to Lin Xu of NC Division of Mitigation
Services and Jordan Hessler of Wildlands Engineering, Inc., dated April 11, 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)]. The issuance of this Water Quality Certification
does not represent an approval of mitigation credit yield for this restoration/enhancement project.
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
NORTH CAROLINA Department of EnvironmentalDaali\ de006.4
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11611 Mail Service Center I Raleigh, North Carolina 27699-1611
919.707.9000

DocuSign Envelope ID: C1CAF910-AA7F-4553-B7ED-C387873D709B
Laurel Valley Mitigation Site
DWR# 20200018
Individual Certification #WQC004764
Page 2 of 9
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 Central 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 Central 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).
£ D_E
NORTH CAROLINA
Department of Environmental Duel
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11611 Mail Service Center I Raleigh, North Carolina 27699-1611
919.707.9000

DocuSign Envelope ID: C1CAF910-AA7F-4553-B7ED-C387873D709B
Laurel Valley Mitigation Site
DWR# 20200018
Individual Certification #WQC004764
Page 3 of 9
This letter completes the Division's review under section 401 of the Clean Water Act and 15A NCAC
02H .0500. Please contact Erin Davis at 919-817-0360 or [e-mail] if you have any questions
or concerns.
Electronic cc:
Sincerely,
DocuSigned by:
Patti 1,0e110
`-949D91 BA53EF4E0...
Paul Wojoski, Supervisor
401 & Buffer Permitting Branch
Todd Tugwell, Kim Isenhour, Casey Haywood, USACE Raleigh Regulatory Field Office
Todd Bowers, EPA
Mitchell Anderson, DWR Asheville Regional Office
DWR 401 & Buffer Permitting Branch Electronic file
£ D_E
NORTH CAROLINA
Department of Environmental Duel
Filename: 20200018_La u e I Va l l ey(B u rke )_401_a p p rova l_I t r.A p r.11.202 2. d ocx
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11611 Mail Service Center I Raleigh, North Carolina 27699-1611
919.707.9000

DocuSign Envelope ID: C1CAF910-AA7F-4553-B7ED-C387873D709B
Laurel Valley Mitigation Site
DWR# 20200018
Individual Certification #WQC004764
Page 4 of 9
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #WQC004764 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 Lin Xu of NC Division of Mitigation Services and Jordan Hessler of Wildlands
Engineering, 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 4, 2022, and by Public Notice issued by
the Division on March 8, 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
1,344 (linear feet)
0 (linear feet)
S2
1,678 (linear feet)
0 (linear feet)
S3
36 (linear feet)
0 (linear feet)
S4
1,498 (linear feet)
0 (linear feet)
S5
32 (linear feet)
0 (linear feet)
Total
4,588 (linear feet)
0 (linear feet)
404/401 Wetlands
W. A
0.002 (acres)
0.018 (acres)
W. B
0.127 (acres)
2.657 (acres)
W. C
0.001 (acres)
0.003 (acres)
W. D
0.003 (acres)
0.066 (acres)
W. E
0.065 (acres)
0.882 (acres)
W. F
0.040 (acres)
0.661 (acres)
W. G
0 (acres)
0.014 (acres)
Total
0.238 (acres)
4.301 (acres)
This approval requires you to follow the conditions listed in the certification below.
CONDITIONS OF CERTIFICATION [15A NCAC 02H .0507(c)]:
1. To reduce the risk of loss of state water resources an Adaptive Management Plan shall be developed
and implemented following NCIRT review if the proposed offsite flow gauge does not demonstrate
sustained hydrologic connection through the mitigation project monitoring period.
£ D_E
NORTH CAROLINA
Department of Environmental Duel
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11611 Mail Service Center I Raleigh, North Carolina 27699-1611
919.707.9000

DocuSign Envelope ID: C1CAF910-AA7F-4553-B7ED-C387873D709B
Laurel Valley Mitigation Site
DWR# 20200018
Individual Certification #WQC004764
Page 5 of 9
2. For all dam removal projects meeting the definition under G.S. 143-215.25 and requirements under
G.S. 143-215.27 of a professionally supervised dam removal, the applicant shall provide
documentation that any sediment that may be released has similar or lower level of contamination
than sediment sampled from downstream of the dam in accordance with Session Law 2017-145.
Citation: 15A NCAC 02H .0502; 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCACO2B .0200;
S.L. 2017-145
3. The permittee shall report to the DWR Central 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).
Citation: 15A NCAC 02H .0506; 15A NCAC 02H .0507(c)
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.
GG 1:1E
NORTH CAROLINA
Department of Environmental Quality
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11611 Mail Service Center I Raleigh, North Carolina 27699-1611
919.707.9000

DocuSign Envelope ID: C1CAF910-AA7F-4553-B7ED-C387873D709B
Laurel Valley Mitigation Site
DWR# 20200018
Individual Certification #WQC004764
Page 6 of 9
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 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 028.0200; 15A NCAC 028 .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.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCAC 028 .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. 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)
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
1:1E
NORTH CAROLINA
Department of Environmental Quality
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11611 Mail Service Center I Raleigh, North Carolina 27699-1611
919.707.9000

DocuSign Envelope ID: C1CAF910-AA7F-4553-B7ED-C387873D709B
Laurel Valley Mitigation Site
DWR# 20200018
Individual Certification #WQC004764
Page 7 of 9
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 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. Bridge deck drains shall not discharge directly into streams or wetlands. Stormwater shall be directed
across the bridge and pre-treated through site -appropriate means to the maximum extent practicable
(e.g. grassed swales, pre -formed scour holes, vegetated buffers, etc.) before entering streams or
wetlands.
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.
GG 1:1E
NORTH CAROLINA
Department of Environmental Quality
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11611 Mail Service Center I Raleigh, North Carolina 27699-1611
919.707.9000

DocuSign Envelope ID: C1CAF910-AA7F-4553-B7ED-C387873D709B
Laurel Valley Mitigation Site
DWR# 20200018
Individual Certification #WQC004764
Page 8 of 9
Citation: 15A 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 028 .0200; 15A NCAC 028 .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 028.0200; 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.
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. Rip -rap groins proposed in accordance with 15A NCAC 07H .1401 (NC Division of Coastal Management
General Permit for construction of Wooden and Rip -rap Groins in Estuarine and Public Trust Waters)
shall meet all the specific conditions for design and construction specified in 15A NCAC 07H .1405.
Citation: 15A NCAC 02H .0507(c); 15A NCAC 07H .1400 et seq.
GG 1:1E
NORTH CAROLINA
Department of Environmental Quality
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11611 Mail Service Center I Raleigh, North Carolina 27699-1611
919.707.9000

DocuSign Envelope ID: C1CAF910-AA7F-4553-B7ED-C387873D709B
Laurel Valley Mitigation Site
DWR# 20200018
Individual Certification #WQC004764
Page 9 of 9
21. 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
22. 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
23. 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)
24. 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)
25. 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)]
EBD/PAW
#WQC004764
�D_E
NORTH CAROLINA
Department of Environmental Duality
This, the 11th day of April 2022
,—DocuSigned by:
Pa.1 020
`-949D91 BA53EF4E0...
Paul Wojoski, Supervisor
401 & Buffer Permitting Branch
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11611 Mail Service Center I Raleigh, North Carolina 27699-1611
919.707.9000