HomeMy WebLinkAbout20221229 Ver 1_Approval Letter_20221012
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 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
October 12, 2022
DWR # 22-1229
Haywood County
Maggie Valley Sanitary District
Attn: District Manager, Jason Herbert
122 Rich Cove Road
Maggie Valley, NC 28751
jherbert@mvsdh2o.com
Subject: Approval of Individual 401 Water Quality Certification
Jonathan Creek Water Line Repair
Dear Mr. Herbert,
Attached hereto is a copy of Certification No. 5242 issued to Jason Herbert and Maggie Valley Sanitary
District, dated October 12, 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.
DocuSign Envelope ID: BB31EFDD-81B6-4570-87ED-9B25E535692F
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
Jonathan Creek Water Line Repair
DWR 22-1229
Individual Certification # WQC005242
Page 2 of 12
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].
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 (919) 431-3000.
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 Mitchell Anderson at 828-296-4662 or mitchell.anderson@ncdenr.gov 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
DocuSign Envelope ID: BB31EFDD-81B6-4570-87ED-9B25E535692F
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
Jonathan Creek Water Line Repair
DWR 22-1229
Individual Certification # WQC005242
Page 3 of 12
Electronic cc: Alex Lowdermilk, McGill Associates.
Brandee Boggs, USACE Asheville Regulatory Field Office
Andrea Leslie, North Carolina Wildlife Resources Commission
DWR 401 & Buffer Permitting Branch Electronic file
DocuSign Envelope ID: BB31EFDD-81B6-4570-87ED-9B25E535692F
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
Jonathan Creek Water Line Repair
DWR 22-1229
Individual Certification # WQC005242
Page 4 of 12
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #5242 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 Jason Herbert and Maggie Valley Sanitary District, who have authorization for the
impacts listed below, as described within your application received by the N.C. Division of Water Resources
(Division) on September 07, 2022, with subsequent information received on October 04, 2022, and fee
received on September 30, 2022, and by Public Notice issued by the Division of Water Resources on
September 08, 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
Streams
Site 1 0 (linear feet) 31 (linear feet)
This approval requires you to follow the conditions listed in the certification below.
CONDITIONS OF CERTIFICATION [15A NCAC 02H .0507(c)]:
1. The stream is a Class WS-III; Trout Waters. In order to protect downstream uses for Class WS-III
Trout Waters, a requirement of this Certification is that any work conducted within the stream
may not occur between the dates of October 15 through April 15.
Citation: [15A NCAC 02H .0506 (b)(1) and 15A NCAC 04B .0125]
Justification: In order to protect against impairment of water quality standards and best usage of receiving
and downstream waters, water quality based management practices must be employed to protect against
direct or indirect discharge of waste or other sources of water pollution. Surface water quality standards
require that conditions of waters be suitable for all best uses provided for in state rule (including, at
minimum: aquatic life propagation, survival, and maintenance of biological integrity, wildlife, secondary
contact recreation, agriculture) and that activities must not cause water pollution that precludes any best
use on a short-term or long-term basis.
2. The turbidity standard of 10 NTUs (Nephelometric Turbidity Units) shall not be exceeded as
described in 15 A NCAC 02B .0200. Appropriate sediment and erosion control practices must be
used to meet this standard.
Citation: [15A NCAC 02B .0211 (21)]
DocuSign Envelope ID: BB31EFDD-81B6-4570-87ED-9B25E535692F
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
Jonathan Creek Water Line Repair
DWR 22-1229
Individual Certification # WQC005242
Page 5 of 12
Justification: Surface water quality standards require that conditions of waters be suitable for all best uses
provided for in state rule (including, at minimum: aquatic life propagation, survival, and maintenance of
biological integrity, wildlife, secondary contact recreation, and agriculture); and that activities must not
cause water pollution that precludes any best use on a short-term or long-term basis.
3. Where there are temporary or permanent impacts from stream crossings, utility lines shall cross
the stream channel at a near-perpendicular direction (i.e., between 75 degrees and 105 degrees
to the stream bank).
Citation: [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.
4. Construction corridors in wetlands and/or across stream channels shall be minimized to the
maximum extent practicable and shall not exceed 40 feet wide. For construction corridors in
wetlands and across stream channels, stumps shall be grubbed only as needed to install the utility,
and remaining stumps shall be cut off at grade level. The general stripping of topsoil within
wetlands along the construction corridor is prohibited.
Citation: [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. Visual monitoring of the project shall be conducted at a minimum of quarterly for the first year,
and then annually until the site is stable (particularly after storm events). Any failures of
structures, stream banks, or vegetation may require repairs or replacement, which requires
coordination with the Asheville Regional Office to ensure the stability and water quality of the
stream and downstream waters.
Citation: [15A NCAC 02H .0506(b)(1), (2), and(3)]
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.
DocuSign Envelope ID: BB31EFDD-81B6-4570-87ED-9B25E535692F
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
Jonathan Creek Water Line Repair
DWR 22-1229
Individual Certification # WQC005242
Page 6 of 12
6. Water shall not be released into any dewatered channels until the stream and banks are
stabilized.
Citation: 15A NCAC 02H .0506(b)(3)
Justification: Surface water quality standards require that conditions of waters be suitable for all best uses
provided for in state rule (including, at minimum: aquatic life propagation, survival, and maintenance of
biological integrity, wildlife, secondary contact recreation, agriculture); and that activities must not cause
water pollution that precludes any best use on a short-term or long-term basis.
7. The permittee shall report to the DWR 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)
Justification: Timely reporting of non-compliance is important in identifying and minimizing detrimental
impacts to water quality and avoiding impacts due to water pollution that precludes any best use on a
short-term or long-term basis.
8. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the footprint of
the impacts (including temporary impacts); or beyond the thresholds established for use of this
General Certification and Nationwide Permit.
Citation: 15A NCAC 02H .0506; 15A NCAC 02H .0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all best uses
provided for in state rule (including, at minimum: aquatic life propagation, survival, and maintenance of
biological integrity; wildlife; secondary contact recreation; agriculture); and that activities must not cause
water pollution that precludes any best use on a short-term or long-term basis.
9. 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)
Justification: The referenced Riparian Buffer rules were adopted to address water quality impairments and
further protect existing uses.
10. When applicable, all construction activities shall be performed and maintained in full compliance
with G.S. Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973). Regardless of
applicability of the Sediment and Pollution Control Act, all projects shall incorporate appropriate
Best Management Practices for the control of sediment and erosion so that no violations of state
water quality standards, statutes, or rules occur.
Design, installation, operation, and maintenance of all sediment and erosion control measures
shall be equal to or exceed the requirements specified in the most recent version of the North
DocuSign Envelope ID: BB31EFDD-81B6-4570-87ED-9B25E535692F
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
Jonathan Creek Water Line Repair
DWR 22-1229
Individual Certification # WQC005242
Page 7 of 12
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.
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)(2); 15A NCAC 02H .0507(c); 15A NCAC02B .0200; 15A NCAC 02B .0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the water
quality to protect such uses, are protected. Activities must not cause water pollution that precludes any
best use on a short-term or long-term basis. As cited in Stream Standards: (2) Oils, deleterious substances,
or colored or other wastes: only such amounts as shall not render the waters injurious to public health,
secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability of fish, aesthetic
quality, or impair the waters for any designated uses; and (12) turbidity in the receiving water shall not
exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated as trout waters and 10 NTU in
streams, lakes, or reservoirs designated as trout waters; for lakes and reservoirs not designated as trout
waters, the turbidity shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background
conditions, the existing turbidity level shall not be increased. As cited in Wetland Standards: (1) Liquids, fill
or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on
existing wetland uses; and (3) Materials producing color or odor shall not be present in amounts that may
cause adverse impacts on existing wetland uses.
11. Sediment and erosion control measures shall not be installed in wetland or waters except within
the footprint of temporary or permanent impacts otherwise authorized by this Certification. If
placed within authorized impact areas, then placement of such measures shall not be conducted
in a manner that results in dis-equilibrium of any wetlands, streambeds, or streambanks. Any silt
fence installed within wetlands shall be removed from wetlands and the natural grade restored
within two (2) months of the date that DEMLR or locally delegated program has released the
specific area within the project to ensure wetland standards are maintained upon completion of
the project.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC02B .0200; 15A NCAC 02B .0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the water
quality to protect such uses, are protected. Activities must not cause water pollution that precludes any
best use on a short-term or long-term basis. As cited in Stream Standards: (2) Oils, deleterious substances,
or colored or other wastes: only such amounts as shall not render the waters injurious to public health,
secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability of fish, aesthetic
quality, or impair the waters for any designated uses; and (12) turbidity in the receiving water shall not
exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated as trout waters and 10 NTU in
streams, lakes, or reservoirs designated as trout waters; for lakes and reservoirs not designated as trout
DocuSign Envelope ID: BB31EFDD-81B6-4570-87ED-9B25E535692F
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
Jonathan Creek Water Line Repair
DWR 22-1229
Individual Certification # WQC005242
Page 8 of 12
waters, the turbidity shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background
conditions, the existing turbidity level shall not be increased. As cited in Wetland Standards: (1) Liquids, fill
or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on
existing wetland uses; and (3) Materials producing color or odor shall not be present in amounts that may
cause adverse impacts on existing wetland uses.
12. 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)
Justification: A project that affects waters shall not be permitted unless the existing uses (including aquatic
life propagation and biological integrity), and the water quality to protect such uses, are protected.
Protections are necessary to ensure any remaining surface waters or wetlands, and any surface waters or
wetlands downstream, continue to support existing uses during and after project completion. 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.
13. 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
Justification: A project that affects waters shall not be permitted unless the existing uses, and the water
quality to protect such uses, are protected. Activities must not cause water pollution that precludes any
best use on a short-term or long-term basis. As cited in Stream Standards: (2) Oils, deleterious substances,
or colored or other wastes: only such amounts as shall not render the waters injurious to public health,
secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability of fish, aesthetic
quality, or impair the waters for any designated uses; and (12) turbidity in the receiving water shall not
exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated as trout waters and 10 NTU in
streams, lakes, or reservoirs designated as trout waters; for lakes and reservoirs not designated as trout
waters, the turbidity shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background
conditions, the existing turbidity level shall not be increased. As cited in Wetland Standards: (1) Liquids, fill
or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on
existing wetland uses; and (3) Materials producing color or odor shall not be present in amounts that may
cause adverse impacts on existing wetland uses.
14. 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
Justification: Surface water quality standards require that conditions of waters be suitable for all best uses
provided for in state rule, and that activities must not cause water pollution that precludes any best use on
DocuSign Envelope ID: BB31EFDD-81B6-4570-87ED-9B25E535692F
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
Jonathan Creek Water Line Repair
DWR 22-1229
Individual Certification # WQC005242
Page 9 of 12
a short-term or long-term basis. As cited in Stream Standards: (2) Oils, deleterious substances, or colored
or other wastes: only such amounts as shall not render the waters injurious to public health, secondary
recreation, or to aquatic life and wildlife, or adversely affect the palatability of fish, aesthetic quality, or
impair the waters for any designated uses; and (12) turbidity in the receiving water shall not exceed 50
Nephelometric Turbidity Units (NTU) in streams not designated as trout waters and 10 NTU in streams,
lakes, or reservoirs designated as trout waters; for lakes and reservoirs not designated as trout waters, the
turbidity shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions,
the existing turbidity level shall not be increased.
15. 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)
Justification: Surface water quality standards require that conditions of waters be suitable for all best uses
provided for in state rule, and that activities must not cause water pollution that precludes any best use on
a short-term or long-term basis. Ensuring that in-stream structures are installed properly will ensure that
surface water quality standards are met and conditions of waters are suitable for all best uses.
16. 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 .0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the water
quality to protect such uses, are protected. Activities must not cause water pollution that precludes any
best use on a short-term or long-term basis. As cited in Stream Standards: (2) Oils, deleterious substances,
or colored or other wastes: only such amounts as shall not render the waters injurious to public health,
secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability of fish, aesthetic
quality, or impair the waters for any designated uses.
17. All proposed and approved temporary fill 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)
Justification: A project that affects waters shall not be permitted unless the existing uses, and the water
quality to protect such uses, are protected. Protections are necessary to ensure any remaining surface
waters or wetlands, and any surface waters or wetlands downstream, continue to support existing uses
after project completion.
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
DocuSign Envelope ID: BB31EFDD-81B6-4570-87ED-9B25E535692F
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
Jonathan Creek Water Line Repair
DWR 22-1229
Individual Certification # WQC005242
Page 10 of 12
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)
Justification: Surface water quality standards require that conditions of waters be suitable for all best uses
provided for in state rule, and that activities must not cause water pollution that precludes any best use on
a short-term or long-term basis. 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.
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
Justification: Surface water quality standards require that conditions of waters be suitable for all best uses
provided for in state rule, and that activities must not cause water pollution that precludes any best use on
a short-term or long-term basis. 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.
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
Justification: A project that affects waters shall not be permitted unless the existing uses, and the water
quality to protect such uses, are protected. Activities must not cause water pollution that precludes any
best use on a short-term or long-term basis. As cited in Stream Standards: (2) Oils, deleterious substances,
or colored or other wastes: only such amounts as shall not render the waters injurious to public health,
secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability of fish, aesthetic
quality, or impair the waters for any designated uses.
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
DocuSign Envelope ID: BB31EFDD-81B6-4570-87ED-9B25E535692F
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
Jonathan Creek Water Line Repair
DWR 22-1229
Individual Certification # WQC005242
Page 11 of 12
Justification: Wetland standards require maintenance or enhancement of existing uses of wetlands such
that hydrologic conditions necessary to support natural biological and physical characteristics are
protected; populations of wetland flora and fauna are maintained to protect biological integrity of the
wetland; and materials or substances are not present in amounts that may cause adverse impact on
existing wetland uses.
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)
Justification: Person(s) owning or having control over oil or other substances upon notice of discharge must
immediately notify the Department, or any of its agents or employees, of the nature, location, and time of
the discharge and of the measures which are being taken or are proposed to be taken to contain and
remove the discharge. This action is required in order to contain or divert the substances to prevent entry
into the surface waters. Surface water quality standards require that conditions of waters be suitable for
all best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and
maintenance of biological integrity; wildlife; secondary contact recreation; agriculture); and that activities
must not cause water pollution that precludes any best use on a short-term or long-term basis.
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)
Justification: Surface water quality standards require that conditions of waters be suitable for all best uses
provided for in state rule, and that activities must not cause water pollution that precludes any best use on
a short-term or long-term basis. 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.
24. The permittee shall require its contractors and/or agents to comply with the terms and conditions
of this permit in the construction and maintenance of this project, and shall provide each of its
contractors and/or agents associated with the construction or maintenance of this project with a
copy of this General Certification. A copy of this General 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)
Justification: Those actually performing the work should be aware of the requirements of this 401 Water
Quality General Certification to minimize water quality impacts.
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)]
DocuSign Envelope ID: BB31EFDD-81B6-4570-87ED-9B25E535692F
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
Jonathan Creek Water Line Repair
DWR 22-1229
Individual Certification # WQC005242
Page 12 of 12
This, the 12th day of October 2022
G. Landon Davidson, P.G.
Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ-ARO
GLD/ma
5242
DocuSign Envelope ID: BB31EFDD-81B6-4570-87ED-9B25E535692F