20191748 Ver 3_Approval Letter_20230512

May 12, 2023
DWR #20191748v3
WataugaCounty
Foggy Mountain Nursery
Attn: Glen Sullivan
2251 Ed Little Road
Creston, NC 28615
Delivered via email to: [e-mail]
Subject: Approval of Individual 401 Water Quality Certification
Twin Rivers Project
USACE Action ID. No. SAW-2023-00406
Dear Mr. Sullivan:
Attached hereto is a copy of Certification No. WQC005918issued to Glen Sullivanand Foggy Mountain
Nursery, dated May 12, 2023. 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 mustnotify the N.C. Division of Water Resources (DWR or
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 Certificationand 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 withthe 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.
North Carolina Department of Environmental Quality |Division of Water Resources
Winston-Salem Regional Office|450 W. Hanes Mill Rd, Suite 300|Winston-Salem, North Carolina 27105
336.776.9800

Twin Rivers Project
DWR#20191748v3
Individual Certification #WQC005918
Page 2of 12
Upon the presentation of proper credentials, the Division may inspect the property.
ThisWater 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 Winston-Salem RegionalOffice 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 Winston-Salem RegionalOffice any noncompliance with, and/or any
violation of, stream or wetland standards \[15A NCAC 02B .0200\] including but not limited to sediment
impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next
business day if a weekend or holiday) from the time the permittee became aware of the non-compliance
circumstances.
This approval and its conditions are final and binding unless contested \[G.S. 143-215.5\]. Please be aware
that impacting waters without first applying for and securing the issuance of a 401 Water Quality
Certification violates Title 15A of the North Carolina Administrative Code (NCAC) 2H .0500. Title 15A
NCAC 2H .0500 requires certifications pursuant to Section 401 of the Clean Water Act whenever
construction or operation of facilities will result in a discharge into navigable waters, including wetlands,
as described in 33 Code of Federal Regulations (CFR) Part 323. It also states any person desiring
issuance of the State certification or coverage under a general certification required by Section 401 of
the Federal Water Pollution Control Act shall file with the Director of the North Carolina Division of
Water Quality. Pursuant to G.S. 143-215.6A, these violations and any future violations are subject to a
civil penalty assessment of up to a maximum of $25,000.00 per day for each violation.
This Certification can be contested as provided in Chapter 150B of the North Carolina General Statutes by
filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative
Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter
150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code.
Additional information regarding requirements for filing a Petition and Petition forms may be accessed at
http://www.ncoah.com/-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).
North Carolina Department of Environmental Quality |Division of Water Resources
Winston-Salem Regional Office|450 W. Hanes Mill Rd, Suite 300|Winston-Salem, North Carolina 27105
336.776.9800

Twin Rivers Project
DWR#20191748v3
Individual Certification #WQC005918
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This lett
.0500. Please contact Seren Homerat336-776-9698 or [e-mail] if you have any
questions or concerns.
Sincerely,
Jennifer F. Graznak
Assistant Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ WSRO
Electronic cc:Russell Hanson, Twin Rivers Property Owners Association (Owner)
Amanda Jones, USACE AshevilleRegulatory Field Office
Andrea Leslie, NCWRC
Todd Bowers, EPA
DWR 401 & Buffer Permitting Branch ElectronicFile
North Carolina Department of Environmental Quality |Division of Water Resources
Winston-Salem Regional Office|450 W. Hanes Mill Rd, Suite 300|Winston-Salem, North Carolina 27105
336.776.9800

Twin Rivers Project
DWR#20191748v3
Individual Certification #WQC005918
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NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION#WQC005918is issued in conformity with the requirements of Section 401, Public Laws
92-500 and 95-
and 15A NCAC 02B .0200, to Glen Sullivanand Foggy Mountain Nursery, who haveauthorization for the
impacts listed below, as described within your application received by the N.C. Division of Water
Resources (DWR or Division) on February 13, 2023and by Public Notice issued by the Divisionon February
27, 2023.
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 \[15A NCAC 02H .0506(b)\].
Amount Approved Amount Approved
Type of Impact
PermanentTemporary
Perennial Streams
S1 / Watauga River
1,940 linear feet0linear feet
Bank Stabilization
S2 / Watauga River
10 linear feet0 linear feet
Bank Stabilization (Rock Vane)
S3 / Watauga River
10 linear feet0 linear feet
Bank Stabilization (Rock Vane)
S4 / Watauga River
10 linear feet0 linear feet
Bank Stabilization (Rock Vane)
S5 / Watauga River
10 linear feet0 linear feet
Bank Stabilization (Rock Vane)
S6 / Watauga River
10 linear feet0 linear feet
Bank Stabilization (Rock Vane)
S7 / Watauga River
10 linear feet0 linear feet
Bank Stabilization (Rock Cross Vane)
This approval requires you to follow the conditions listed in the certification below.
CONDITIONS OF CERTIFICATION \[15A NCAC 02H .0507(c)\]:
1.The project designer or their designee shall be on site during in-stream activities to monitor for
hellbenders. If Eastern Hellbenders are discovered during construction activities, they are to be
captured in a bucket and moved away from the area of disturbance into Boone Fork, just above the
confluence with the Watauga River. Lori Williams with NCWRC is to be notified if hellbenders are
found.
Citation: 15A NCAC 02H .0506(b)(1)
North Carolina Department of Environmental Quality |Division of Water Resources
Winston-Salem Regional Office|450 W. Hanes Mill Rd, Suite 300|Winston-Salem, North Carolina 27105
336.776.9800

Twin Rivers Project
DWR#20191748v3
Individual Certification #WQC005918
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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 notcause water
pollution that precludes any best use on a short-term or long-term basis.
2.The Permittee shall avoid disturbance of Eastern Hellbenders and large flat rocks at least one (1)
foot in diameter, which serve as their shelter, during construction activities. If Eastern Hellbenders
are discovered during construction activities, they are to be captured in a bucket and moved away
from the area of disturbance into Boone Fork, just above the confluence with the Watauga River.
Lori Williams with NCWRC is to be notified if hellbenders are found.
Citation: 15A NCAC 02H .0506(b)(1)
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.
3.In-channel work should be accomplished as quickly as possible to minimize disturbance. Work
should be conducted during low flows, and flows should be diverted around in-stream work areas to
minimize sediment loss into the streamto the extent possible. Disturbed areas shall be stabilized
(i.e., seeded, mulched, and/or matted) at the end of each working day to ensure downstream water
quality standards are maintained throughout construction. Replanting should be conducted using
temporary seed mix followed by native perennial plants.
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, agriculture) and that
activities must not cause water pollution that precludes any best use on a short-term or long-term
basis.
4.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.
North Carolina Department of Environmental Quality |Division of Water Resources
Winston-Salem Regional Office|450 W. Hanes Mill Rd, Suite 300|Winston-Salem, North Carolina 27105
336.776.9800

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DWR#20191748v3
Individual Certification #WQC005918
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5.The Permittee shall take all reasonable measures to construct in-stream structures while keeping
heavy equipment out of the stream channel. Only equipment that is being used to install structures
may enter the stream channel. This exemption does not authorize the use of equipment within the
stream channel for any other purpose such as a haul road, access, streambank reshaping, etc.
Equipment shall access the stream at the closest point possible to reduce impacts to the stream bed.
The majority of stream flow shall be diverted around work areas along the stream banks such as toe
protection and bank sloping. All reasonable steps must be taken to limit the amount of disturbance
in the channel and to therefore reduce downstream turbidity during construction. This exemption
does not relieve the Permittee of meeting stream standards as indicated in 15A NCAC 02B.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200
Justification: Surface water quality standards require that conditionsof 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: (12) 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 (21) 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.
6.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. DWR 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.
7.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 Winston-
Salem Regional Office to ensure the stability and water quality of the stream and downstream waters.
Citation: 15A NCAC 02H .0506(b)(1), (2) and/or (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
impacts to waters, would cause or contribute to a violation of standards or would result in secondary
or cumulative impacts.
North Carolina Department of Environmental Quality |Division of Water Resources
Winston-Salem Regional Office|450 W. Hanes Mill Rd, Suite 300|Winston-Salem, North Carolina 27105
336.776.9800

Twin Rivers Project
DWR#20191748v3
Individual Certification #WQC005918
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8.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.
9.Application of fertilizer to establish planted/seeded vegetation within disturbed riparian areas
and/or wetlands shall be conducted at agronomic rates and shall comply with all other Federal,
State and Local regulations. Fertilizer application shall be accomplished in a manner that minimizes
the risk of contact between the fertilizer and surface waters.
Citation: 15A 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCAC 02B .0231
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: (12) 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 forany designated uses. As cited in
Wetland Standards: (c)(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.The permittee shall report to the DWR Winston-SalemRegional 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.
11.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)
Justification: Surface water quality standards require that conditions of waters be suitable for all best
uses provided for in state rule (including, atminimum: aquatic life propagation, survival, and
maintenance of biological integrity; wildlife; secondary contact recreation; agriculture); and that
North Carolina Department of Environmental Quality |Division of Water Resources
Winston-Salem Regional Office|450 W. Hanes Mill Rd, Suite 300|Winston-Salem, North Carolina 27105
336.776.9800

Twin Rivers Project
DWR#20191748v3
Individual Certification #WQC005918
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activities must not cause water pollution that precludes any best use on a short-term or long-term
basis.
12.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 pitsassociated 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); 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: (12) 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 (21) 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: (c)(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.
13.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
North Carolina Department of Environmental Quality |Division of Water Resources
Winston-Salem Regional Office|450 W. Hanes Mill Rd, Suite 300|Winston-Salem, North Carolina 27105
336.776.9800

Twin Rivers Project
DWR#20191748v3
Individual Certification #WQC005918
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(2) months of the date that DEMLR or locally delegated program has released the specific area
within the project to ensure wetland standards are maintained upon completion of the project.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCAC 02B
.0231
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: (12) Oils,
deleterious substances, or coloredor 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 (21) 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 designatedas 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: (c)(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.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: (12) Oils,
deleterious substances, or coloredor 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 (21) 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 designatedas 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: (c)(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)
North Carolina Department of Environmental Quality |Division of Water Resources
Winston-Salem Regional Office|450 W. Hanes Mill Rd, Suite 300|Winston-Salem, North Carolina 27105
336.776.9800

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Materials producing color or odor shall not be present in amounts that may cause adverse impacts
on existing wetland uses.
15.If concrete is used during construction, then all necessary measures shall be taken to prevent direct
contact between uncured or curing concrete and waters of the state. Water that inadvertently
contacts uncured concrete shall not be discharged to waters of the state.
Citation: 15A 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCAC 02B .0231
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: (12) Oils,
deleterious substances, or colored or other wastes: only such amounts as shall not render the waters
injurious to publichealth, 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.As cited in
Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolvedgases 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.
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
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
North Carolina Department of Environmental Quality |Division of Water Resources
Winston-Salem Regional Office|450 W. Hanes Mill Rd, Suite 300|Winston-Salem, North Carolina 27105
336.776.9800

Twin Rivers Project
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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; 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: (12) 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. As cited in
Wetland Standards: (c)(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.
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 orenhancement 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 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
North Carolina Department of Environmental Quality |Division of Water Resources
Winston-Salem Regional Office|450 W. Hanes Mill Rd, Suite 300|Winston-Salem, North Carolina 27105
336.776.9800

Twin Rivers Project
DWR#20191748v3
Individual Certification #WQC005918
Page 12of 12
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 forall 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 certification in the construction and maintenance of this project andshall 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)
Justification: Those actually performing the work should be aware of the requirements of this 401
Water Quality 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 \[15A NCAC 02H .0507(c)\].
th
This, the 12day of May 2023
Jennifer F. Graznak
Assistant Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ WSRO
North Carolina Department of Environmental Quality |Division of Water Resources
Winston-Salem Regional Office|450 W. Hanes Mill Rd, Suite 300|Winston-Salem, North Carolina 27105
336.776.9800