20230177 Ver 1_Approval Letter_20230525

North Carolina Department of Environmental Quality | Division of Water Resources
Fayetteville Regional Office | 225 Green St., Suite 714 | Fayetteville, North Carolina 28301-5043
910.433.3300

May 25, 2023

DWR # 20230177
Moore County

UP Property 2, LLC
Attn: Jeffery A. Fisher
P.O. Box 52351
Durham, NC 27717

Delivered via email to Jeffrey A. Fisher ([e-mail])

Subject: Approval of Individual 401 Water Quality Certification
High Falls Dam Removal Project
USACE Action ID. No. SAW-2018-02060

Dear Mr. Fisher:

Attached hereto is a copy of Certification No. WQC005950 issued to Jeffrey A. Fisher and UP
Property 2, LLC, dated May 25, 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 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
North Carolina Department of Environmental Quality | Division of Water Resources
Fayetteville Regional Office | 225 Green Street, Suite 714 | Fayetteville, North Carolina 28301-5043
910-433-3300
High Falls Dam Removal Project
DWR# 20230177
Individual Certification #WQC005950
Page 2 of 13

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.

Non-compliance with or violation of the conditions herein set forth may result in revocation of
this Water Quality Certification for the project and may also result in criminal and/or civil
penalties.

If you are unable to comply with any of the conditions of this Water Quality Certification you
must notify the Fayetteville Regional Office within 24 hours (or the next business day if a
weekend or holiday) from the time the permittee becomes aware of the circumstances.

The permittee shall report to the Fayetteville Regional Office any noncompliance with, and/or
any violation of, stream or wetland standards [15A NCAC 02B .0200] including but not limited to
sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours
(or the next business day if a weekend or holiday) from the time the permittee became aware
of the non-compliance circumstances.

This approval and its conditions are final and binding unless contested [G.S. 143-215.5].

This Certification can be contested as provided in Chapter 150B of the North Carolina General
Statutes by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office
of Administrative Hearings (OAH) within sixty (60) calendar days. Requirements for filing a
Petition are set forth in Chapter 150B of the North Carolina General Statutes and Title 26 of the
North Carolina Administrative Code. Additional information regarding requirements for filing a
Petition and Petition forms may be accessed at http://www.ncoah.com/ or by calling the OAH
Clerk’s Office at [phone].

A party filing a Petition must serve a copy of the Petition on:

William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
North Carolina Department of Environmental Quality | Division of Water Resources
Fayetteville Regional Office | 225 Green Street, Suite 714 | Fayetteville, North Carolina 28301-5043
910-433-3300
High Falls Dam Removal Project
DWR# 20230177
Individual Certification #WQC005950
Page 3 of 13

If the party filing the Petition is not the permittee, then the party must also serve the recipient
of the Certification in accordance with N.C.G.S 150B-23(a).
This letter completes the Division’s review under section 401 of the Clean Water Act and 15A
NCAC 02H .0500. Please contact Chad Turlington at [phone] or
[e-mail] if you have any questions or concerns.

Sincerely,

Richard E. Rogers, Jr.
Director, Division of Water Resources

Electronic cc: Nicole Thomson – Sage Ecological Services, Inc. (email)
Sean Clark – Sage Ecological Services, Inc. (email)
Lyle Phillips - USACE Raleigh Regulatory Field Office (email)
Christine Pickens – Unique Places to Save (email)
Katherine Matthews – USFWS (email)
Jennifer Achambault - USFWS (email)
Brenna Jones – NCWRC (email)
Vann Stancil - NCWRC (email)
DWR 401 & Buffer Permitting Branch Electronic file

North Carolina Department of Environmental Quality | Division of Water Resources
Fayetteville Regional Office | 225 Green Street, Suite 714 | Fayetteville, North Carolina 28301-5043
910-433-3300
High Falls Dam Removal Project
DWR# 20230177
Individual Certification #WQC005950
Page 4 of 13

NORTH CAROLINA 401 WATER QUALITY CERTIFICATION

CERTIFICATION #WQC005950 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 Jeffrey A. Fisher and UP Property 2, LLC, who
have authorization for the impacts listed below, as described within your application received by
the N.C. Division of Water Resources (Division) on February 2, 2023 and subsequent information
on April 10, 2023, and by Public Notice issued by the Division on February 3, 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)]

Type of Impact

Amount Approved
Permanent
Amount Approved
Temporary
Mitigation Amount
Required
Perennial Streams
S1 – Dam Removal linear feet 43 linear feet credits
S2 – Temporary
Construction
Access
linear feet 20 linear feet credits
Open Waters
C1 (Mill Race
Canal) –
Temporary
Construction
Crossing
acres 0.01 acres credits

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

CONDITIONS OF CERTIFICATION [15A NCAC 02H .0507(c)]:

1. Prior to, and during the dam removal, the permittee shall coordinate with the North
Carolina Wildlife Resources Commission and U.S. Fish and Wildlife Service to ensure that
the dam removal will not result in negative impacts to threatened and endangered
species located downstream. Should the Wildlife Resources Commission or USFWS
North Carolina Department of Environmental Quality | Division of Water Resources
Fayetteville Regional Office | 225 Green Street, Suite 714 | Fayetteville, North Carolina 28301-5043
910-433-3300
High Falls Dam Removal Project
DWR# 20230177
Individual Certification #WQC005950
Page 5 of 13

require changes to the proposed design or construction activities, a modification to this
401 Water Quality Certification may be required. Any changes to the design authorized
by this certification will require approval from the NC Division of Water Resources.
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.
2. The designer or his/her designee shall supervise the installation of in-stream demolition
work.
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 demolition is conducted properly will ensure that conditions of waters are
suitable for all best uses provided for in state rule.
3. The permittee shall report to the DWR Fayetteville Regional Office any noncompliance
with, and/or any violation of, stream or wetland standards [15A NCAC 02B .0200],
including but not limited to sediment impacts to streams or wetlands. Information shall
be provided orally within 24 hours (or the next business day if a weekend or holiday) from
the time the permittee became aware of the non-compliance circumstances.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
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.
4. For all dam removal projects meeting the definition under G.S. 143-215.25 and
requirements under G.S. 143-215.27 of a professionally supervised dam removal, the
applicant shall provided documentation that any sediment that may be released has
similar or lower lever of contamination than sediment sampled form downstream of the
dam in accordance with Session Law 2017-145.

North Carolina Department of Environmental Quality | Division of Water Resources
Fayetteville Regional Office | 225 Green Street, Suite 714 | Fayetteville, North Carolina 28301-5043
910-433-3300
High Falls Dam Removal Project
DWR# 20230177
Individual Certification #WQC005950
Page 6 of 13

Citation: 15A NCAC 02H .0502; 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC
02B .0200; S.L. 2017-145

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 minimized impacts to waters, would cause or
contribute to a violation of standards or would result in secondary or cumulative impacts.
5. 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, 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.
6. When applicable, all construction activities shall be performed and maintained in full
compliance with G.S. Chapter 113A Article 4 (Sediment and Pollution Control Act of
1973). Regardless of applicability of the Sediment and Pollution Control Act, all projects
shall incorporate appropriate Best Management Practices for the control of sediment
and erosion so that no violations of state water quality standards, statutes, or rules
occur.
Design, installation, operation, and maintenance of all sediment and erosion control
measures shall be equal to or exceed the requirements specified in the most recent
version of the North Carolina Sediment and Erosion Control Manual, or for linear
transportation projects, the North Caroline Department of Transportation Sediment and
Erosion Control Manual.
All devices shall be maintained on all construction sites, borrow sites, and waste pile
(spoil) sites, including contractor-owned or leased borrow pits associated with the
project. Sufficient materials required for stabilization and/or repair of erosion control
measures and stormwater routing and treatment shall be on site at all times.
For borrow pit sites, the erosion and sediment control measures shall be designed,
installed, operated, and maintained in accordance with the most recent version of the
North Carolina Surface Mining Manual. Reclamation measures and implementation
shall comply with the reclamation in accordance with the requirements of the
Sedimentation Pollution Control Act and the Mining Act of 1971.
North Carolina Department of Environmental Quality | Division of Water Resources
Fayetteville Regional Office | 225 Green Street, Suite 714 | Fayetteville, North Carolina 28301-5043
910-433-3300
High Falls Dam Removal Project
DWR# 20230177
Individual Certification #WQC005950
Page 7 of 13

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.
7. Sediment and erosion control measures shall not be installed in wetland or waters
except within the footprint of temporary or permanent impacts otherwise authorized by
this Certification. If placed within authorized impact areas, then placement of such
measures shall not be conducted in a manner that results in dis-equilibrium of any
wetlands, streambeds, or streambanks. Any silt fence installed within wetlands shall be
removed from wetlands and the natural grade restored within two (2) months of the
date that DEMLR or locally delegated program has released the specific area within the
project to ensure wetland standards are maintained upon completion of the project.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 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; 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
North Carolina Department of Environmental Quality | Division of Water Resources
Fayetteville Regional Office | 225 Green Street, Suite 714 | Fayetteville, North Carolina 28301-5043
910-433-3300
High Falls Dam Removal Project
DWR# 20230177
Individual Certification #WQC005950
Page 8 of 13

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.
8. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be
used along streambanks or within wetlands.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
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.
9. If the project is covered by NPDES Construction Stormwater Permit Number NCG010000
or NPDES Construction Stormwater Permit Number NCG250000, full compliance with
permit conditions including the erosion & sedimentation control plan, inspections and
maintenance, self-monitoring, record keeping and reporting requirements is required.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A
NCAC 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.
North Carolina Department of Environmental Quality | Division of Water Resources
Fayetteville Regional Office | 225 Green Street, Suite 714 | Fayetteville, North Carolina 28301-5043
910-433-3300
High Falls Dam Removal Project
DWR# 20230177
Individual Certification #WQC005950
Page 9 of 13

10. The designer or his designee shall supervise the dam removal project. [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
the proper implementation of dam removal plan will ensure that conditions of waters
are suitable for all best uses provided for in state rule.
11. The permittee shall provide on-site supervision of dam removal work including, but not
limited to bank re-sloping, culvert installation, in-stream structure placement, and
riparian zone re-establishment, by an appropriately trained individual. [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 dam removal process is conducted properly will ensure that conditions of waters are
suitable for all best uses provided for in state rule.
12. 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 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.
13. 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.
North Carolina Department of Environmental Quality | Division of Water Resources
Fayetteville Regional Office | 225 Green Street, Suite 714 | Fayetteville, North Carolina 28301-5043
910-433-3300
High Falls Dam Removal Project
DWR# 20230177
Individual Certification #WQC005950
Page 10 of 13

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 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.
14. All proposed and approved temporary pipes/culverts/rip-rap pads etc. in streams or
wetlands shall be installed as outlined in the most recent edition of the North Carolina
Sediment and Erosion Control Planning and Design Manual or the North Carolina Surface
Mining Manual or the North Carolina Department of Transportation Best Management
Practices for Construction and Maintenance Activities so as not to restrict stream flow or
cause dis-equilibrium during use of this Certification.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
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 structures are installed properly in waters will ensure that surface water quality
standards are met and conditions of waters are suitable for all best uses.
15. 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
North Carolina Department of Environmental Quality | Division of Water Resources
Fayetteville Regional Office | 225 Green Street, Suite 714 | Fayetteville, North Carolina 28301-5043
910-433-3300
High Falls Dam Removal Project
DWR# 20230177
Individual Certification #WQC005950
Page 11 of 13

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.
16. 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.
17. 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.
18. 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)
North Carolina Department of Environmental Quality | Division of Water Resources
Fayetteville Regional Office | 225 Green Street, Suite 714 | Fayetteville, North Carolina 28301-5043
910-433-3300
High Falls Dam Removal Project
DWR# 20230177
Individual Certification #WQC005950
Page 12 of 13

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.
19. 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.
20. The permittee shall require its contractors and/or agents to comply with the terms and
conditions of this certification in the construction and maintenance of this project, and
shall provide each of its contractors and/or agents associated with the construction or
maintenance of this project with a copy of this Water Quality Certification. A copy of
this Water Quality Certification shall be available at the project site during the
construction and maintenance of this project.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
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)]

North Carolina Department of Environmental Quality | Division of Water Resources
Fayetteville Regional Office | 225 Green Street, Suite 714 | Fayetteville, North Carolina 28301-5043
910-433-3300
High Falls Dam Removal Project
DWR# 20230177
Individual Certification #WQC005950
Page 13 of 13

This, the 25th day of May 2023

Sincerely,

Richard E. Rogers, Jr.
Director, Division of Water Resources