HomeMy WebLinkAbout20221150 Ver 1_Approval Letter_20221025
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 25, 2022
DWR # 22-1150
Avery County
Mayland Community College
Attn: Margaret Earley-Thiele
PO Box 547
Spruce Pine, NC 28777
mearley-thiele@mayland.Edu
Subject: Approval of Individual 401 Water Quality Certification
Mayland Community College Holley Branch Stream Restoration
Dear Mrs. Earley-Thiele
Attached hereto is a copy of Certification No. 5276 issued to Margaret Earley-Thiele and Mayland
Community College, dated October 25, 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: C856E563-4939-4BB2-B282-FA30714EC85A
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
Mayland Community College Holley Branch Stream Restoration
DWR 22-1150
Individual Certification # WQC005276
Page 2 of 11
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: C856E563-4939-4BB2-B282-FA30714EC85A
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
Mayland Community College Holley Branch Stream Restoration
DWR 22-1150
Individual Certification # WQC005276
Page 3 of 11
Electronic cc: Zan Price, Jennings Environmental
Amanda Jones, USACE Asheville Regulatory Field Office
Andrea Leslie, North Carolina Wildlife Resources Commission
DWR 401 & Buffer Permitting Branch Electronic file
DocuSign Envelope ID: C856E563-4939-4BB2-B282-FA30714EC85A
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
Mayland Community College Holley Branch Stream Restoration
DWR 22-1150
Individual Certification # WQC005276
Page 4 of 11
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #5276 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 Margaret Earley-Thiele and Mayland Community College, who have authorization for
the impacts listed below, as described within your application received by the N.C. Division of Water
Resources (Division) on August 24, 2022, with additional information received on October 13, 2022 and
October 24, 2022, with fee received on September 21, 2022, and by Public Notice issued by the Division of
Water Resources on August 25, 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
S1 875 (linear feet) 0.0 (linear feet)
Wetlands
W1 0.0 (acres) 0.004 (acres)
W2 0.0 (acres) 0.292 (acres)
W3 0.081 (acres) 0.0 (acres)
This approval requires you to follow the conditions listed in the certification below.
CONDITIONS OF CERTIFICATION [15A NCAC 02H .0507(c)]:
1. The designer or their designee shall supervise the installation of in-stream structures.
Citation: 15A NCAC 02H .0506(b)(1) and (2)
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 conditions of waters are suitable for all best uses provided for in state rule.
2. Water shall not be released into any new 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 …more
DocuSign Envelope ID: C856E563-4939-4BB2-B282-FA30714EC85A
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
Mayland Community College Holley Branch Stream Restoration
DWR 22-1150
Individual Certification # WQC005276
Page 5 of 11
depending on classification); and that activities must not cause water pollution that precludes any
best use on a short-term or long-term basis.
3. Appropriate measures should be installed prior to any land clearing activities to protect waters
and wetlands from turbidity and/ or sedimentation. These measures should be routinely
inspected and properly maintained, and excavated materials should be contained outside the
wetland boundary. Excessive silt and sediment loads can have numerous detrimental effects on
aquatic resources including destruction of spawning habitat, suffocation of eggs, and clogging of
gills of aquatic species.
Citation: 15A NCAC 02H .0506(b)(1) and (2)
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.
4. Visual monitoring of the stabilization project shall be conducted at a minimum of quarterly for the
first year or two bankfull events (whichever is longer), and then annually until the site is stable
(particularly after storm events) and vegetation is successful. Any failures of structures, stream
banks, or vegetation may require future 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.
5. 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.
6. 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.
DocuSign Envelope ID: C856E563-4939-4BB2-B282-FA30714EC85A
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
Mayland Community College Holley Branch Stream Restoration
DWR 22-1150
Individual Certification # WQC005276
Page 6 of 11
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.
7. 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.
8. 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.
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
DocuSign Envelope ID: C856E563-4939-4BB2-B282-FA30714EC85A
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
Mayland Community College Holley Branch Stream Restoration
DWR 22-1150
Individual Certification # WQC005276
Page 7 of 11
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.
9. 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 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.
10. 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.
11. If the project is covered by NPDES Construction Stormwater Permit Number NCG010000 or NPDES
Construction Stormwater Permit Number NCG250000, full compliance with permit conditions
DocuSign Envelope ID: C856E563-4939-4BB2-B282-FA30714EC85A
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
Mayland Community College Holley Branch Stream Restoration
DWR 22-1150
Individual Certification # WQC005276
Page 8 of 11
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.
12. 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 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.
13. 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
DocuSign Envelope ID: C856E563-4939-4BB2-B282-FA30714EC85A
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
Mayland Community College Holley Branch Stream Restoration
DWR 22-1150
Individual Certification # WQC005276
Page 9 of 11
will ensure that surface water quality standards are met and conditions of waters are suitable for all
best uses.
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 .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.
15. 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)
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.
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)
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.
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
DocuSign Envelope ID: C856E563-4939-4BB2-B282-FA30714EC85A
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
Mayland Community College Holley Branch Stream Restoration
DWR 22-1150
Individual Certification # WQC005276
Page 10 of 11
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.
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
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.
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
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.
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)
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
DocuSign Envelope ID: C856E563-4939-4BB2-B282-FA30714EC85A
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
Mayland Community College Holley Branch Stream Restoration
DWR 22-1150
Individual Certification # WQC005276
Page 11 of 11
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.
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)
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.
22. 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)]
This, the 25th day of October 2022
G. Landon Davidson, P.G.
Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ-ARO
GLD/ma
5276
DocuSign Envelope ID: C856E563-4939-4BB2-B282-FA30714EC85A