20150703 Ver 2_Certification of Completion_20231130 (5)

DocuSign Envelope ID: 92F1B35F-D99E-49B5-BABO-980AA3E8E7B4
ROY COOPER
Goyernor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
NC Wildlife Resources Commission
Attn: Brad Kleinmaier
10769 Dunn Rd
Dunn NC 28334
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NORTH CAROLINA
Environmental Quality
October 26, 2020
DWR # 20150703 v2
Cumberland County
Subject: Approval of Individual 401 Water Quality Certification with Additional Conditions
Rhodes Pond Dam Repair
USACE Action ID. No. SAW-2015-02060
Dear Mr. Kleinmaier:
Attached hereto is a copy of Certification No. WQC004236 issued to Brad Kleinmaier and NC Wildlife
Resources Commission, dated October 26, 2020. Please note that you should get any other federal,
state or local permits before proceeding with the subject project, including those required by (but not
limited to) Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed regulations.
This approval and its conditions are final and binding unless contested. This Certification can be contested
as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative
hearing to the Office of Administrative Hearings (hereby known as OAH) within sixty (60) calendar days.
A petition form may be obtained from the OAH at http:Hwww.ncoah.com/ or by calling the OAH Clerk's
Office at [phone] for information. A petition is considered filed when the original and one (1) copy
along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday
through Friday between 8:00am and 5:00pm, excluding official state holidays).
The petition may be faxed to the OAH at [phone], provided the original and one copy of the
petition along with any applicable OAH filing fee is received by the OAH within five (5) business days
following the faxed transmission.
Mailing address for the OAH:
If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc):
Office of Administrative Hearings Office of Administrative Hearings
6714 Mail Service Center 1711 New Hope Church Road
Raleigh, NC 27699-6714 Raleigh, NC 27609-6285
Q
�� North Carolina Department of Environmental Quality I Division of Water Resources
et-ro,0'-0-'-E512 North Salisbury Street � 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
NOR7. CAROLINA Q
o®Pa ltmftWW1 M1UUII 919.707.9000

DocuSign Envelope ID: 92F1B35F-D99E-49B5-BABO-980AA3E8E7B4
NC Wildlife Resources Commission
DWR# 20150703 v2
Individual Certification #WQC004236
Page 2 of 6
One (1) copy of the petition must also be served to DEQ:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
Unless such a petition is filed, this Certification shall be final and binding.
This certification completes the review of the Division under section 401 of the Clean Water Act and 15A
NCAC 02H .0500 and 15A NCAC 02B .0200. Please contact Sue Homewood at 336-776-9693 or
[e-mail] if you have any questions or concerns.
Sincerely,
EPDOCUS'gned by:
~IW10
99D91BA53EF4E0...
Paul Wojoski, Supervisor
401 & Buffer Permitting Branch
cc: Jon Swaim, McGill Associates (via email)
Emily Greer, USACE Wilmington Regulatory Field Office (via email)
Todd Bowers, EPA, (via email)
DWR 401 & Buffer Permitting Branch Electronic file
Filename: 20150703v2Rhodes Pond Repair(Cumberland)_401_IC.docx

DocuSign Envelope ID: 92F1B35F-D99E-49B5-BABO-980AA3E8E7B4
NC Wildlife Resources Commission
DWR# 20150703 v2
Individual Certification #WQC004236
Page 3 of 6
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #WQC004236 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 Brad Kleinmaier and NC Wildlife Resources Commission, who have authorization for
the impacts listed below, as described within your application received by the N.C. Division of Water
Resources (Division) on April 15, 2020 and subsequent information on July 15, 2020 and October 14, 2020,
and by Public Notice issued by the U. S. Army Corps of Engineers and received by the Division on June 18,
2020.
The State of North Carolina certifies that this activity will not violate 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.
This approval requires you to follow the conditions listed in the certification below.
Conditions of Certification [15A NCAC 02H .0507(c)]:
The following impacts are hereby approved provided that all of the other conditions of this
Certification are met. No other impacts are approved, including incidental impacts. [15A NCAC 02H
.0506(b)]
Type of Impact
Amount Approved (units)
Permanent
Amount Approved (units)
Temporary
Stream
S1
75 (linear feet)
0 (linear feet)
S2
0 (linear feet)
348 (linear feet)
Conversion
8,800 (linear feet)
0 (linear feet)
Conversion
1,971 (linear feet)
0 (linear feet)
404/401 Wetlands
W1
0.09 (acres)
0 (acres)
W2
0 (acres)
0.38 (acres)
W3
0 (acres)
0.02 (acres)
Conversion
262.6 (acres)
0 (acres)
Open Waters
OW1
0.23 (acres)
0 (acres)
OW2
0 (acres)
0.69 (acres)
OW3
0.50 (acres)
0 (acres)
OW4
0.06 (acres)
0 (acres)
OW5
0 (acres)
0.18 (acres)
Conversion
8.9 (acres)
0.18 (acres)

DocuSign Envelope ID: 92F1B35F-D99E-49B5-BABO-980AA3E8E7B4
NC Wildlife Resources Commission
DWR# 20150703 v2
Individual Certification #WQC004236
Page 4 of 6
2. This approval is for the purpose and design described in your application and as described in the Public
Notice. The plans and specifications for this project are incorporated by reference and are an
enforceable part of the Certification. Any modifications to the project require notification to DWR and
may require an application submittal to DWR with the appropriate fee. [15A NCAC 02H .0501, .0502 and
.0507(d)]
3. No waste, spoil, solids, or fill, of any kind shall occur in wetlands or waters beyond the footprint of the
impacts (including temporary impacts) as authorized under this Certification. [15A NCAC 02H .0501
and .0506]
4. 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).
5. The turbidity standard of 50 NTUs (Nephelometric Turbidity Units) shall not be exceeded in the Black
River below Rhodes Pond as described in 15 A NCAC 02B .0200. Appropriate sediment and erosion
control practices must be used to meet this standard. [15A NCAC 02B .0200]
6. Erosion and sediment control measures shall not be placed in wetlands or waters except within the
footprint of temporary or permanent impacts authorized under this Certification. [15A NCAC 02H
.0501 and .0506]
6. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used along
streambanks or within wetlands. [15A NCAC 02H .0506(b)(1)]
7. An NPDES Construction Stormwater Permit (NCG010000) is required for construction projects that
disturb one (1) or more acres of land. The NCG010000 Permit allows stormwater to be discharged
during land disturbing construction activities as stipulated in the conditions of the permit. If the
project is covered by this permit, full compliance with permit conditions including the erosion &
sedimentation control plan, inspections and maintenance, self -monitoring, record -keeping and
reporting requirements is required. [15A NCAC 02H .0506(b)]
8. 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 North Carolina Erosion and Sediment Control Manual, or the NCDOT Erosion and Sediment Control
Design and Construction Manual, such as sandbags, rock berms, cofferdams, and other diversion
structures shall be used to minimize excavation in flowing water. [15A NCAC 02H .0506(b)]
9. 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. [15A NCAC 02B .0200]
10. No temporary impacts are allowed beyond those included in this Certification. All 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. [15A NCAC 02H .0501 and .0506(b)]

DocuSign Envelope ID: 92F1B35F-D99E-49B5-BABO-980AA3E8E7B4
NC Wildlife Resources Commission
DWR# 20150703 v2
Individual Certification #WQC004236
Page 5 of 6
11. All proposed and approved temporary pipes/culverts/rip-rap pads etc. in streams 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. [15A NCAC 02H .0506(b)]
12. Any riprap required for proper culvert placement, stream stabilization, or restoration of temporarily
disturbed areas shall consist of clean rock or masonry material free of debris or toxic pollutants and shall
be restricted to the area directly impacted by the approved construction activity. All riprap shall be
buried and/or "keyed in" such that the original stream elevation and streambank contours are restored
and maintained. Placement of riprap or other approved materials shall not result in de -stabilization of
the stream bed or banks upstream or downstream of the area. [15A NCAC 02H .0506(b)(1) and 15A
NCAC 02B .0201]
13. Any riprap 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. Riprap shall not be installed in the streambed except in specific areas
required for velocity control and to ensure structural integrity of bank stabilization measures. [15A
NCAC 02H .0506(b)]
14. 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 not take place within 50 feet of a waterbody or wetlands to prevent contamination by fuels and
oils. [15A NCAC 02H .0506(b)(2)]
15. Heavy equipment working in wetlands shall be placed on mats or other measures shall be taken to
minimize soil disturbance. [15A NCAC 02H .0506(b)]
16. In accordance with 143-215.85(b), the applicant 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.
17. Brad Kleinmaier and NC Wildlife Resources Commission shall conduct construction activities in a manner
consistent with State water quality standards (including any requirements resulting from compliance
with section 303(d) of the Clean Water Act) and any other appropriate requirements of State and
Federal law. [15A NCAC 02B .0200] If the Division determines that such standards or laws are not being
met (including the failure to sustain a designated or achieved use) or that State or federal law is being
violated, or that further conditions are necessary to assure compliance, the Division may reevaluate and
modify this Certification. Before modifying the Certification, the Division shall notify Brad Kleinmaier
and NC Wildlife Resources Commission and the U.S. Army Corps of Engineers and may provide public
notice and opportunity for public hearing in accordance with 15A NCAC 02H .0503. Any new or revised
conditions shall be provided to Brad Kleinmaier and NC Wildlife Resources Commission in writing, shall
be provided to the U.S. Army Corps of Engineers for reference in any Permit issued pursuant to Section
404 of the Clean Water Act, and shall also become conditions of the 404 Permit for the project. [15A
NCAC 02H .0507(d)]

DocuSign Envelope ID: 92F1B35F-D99E-49B5-BABO-980AA3E8E7B4
NC Wildlife Resources Commission
DWR# 20150703 v2
Individual Certification #WQC004236
Page 6 of 6
18. Upon completion of all permitted impacts included within the approval and any subsequent
modifications, the applicant shall be required to return a certificate of completion (available on the DWR
website https://edocs.deg.nc.gov/Forms/Certificate-of-Completion).
19. If the property or project is sold or transferred, the new owner/Permittee shall be given a copy of this
Certification and is responsible for complying with all conditions. [15A NCAC 02H .0501 and .0502]
20. This Certification does not relieve the applicant 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 Erosion and Sediment Control, Non -Discharge, Water Supply Watershed, and Trout Buffer
regulations.
21. This Certification neither grants nor affirms any property right, license, or privilege in any waters, or
any right of use in any waters. This Certification does not authorize any person to interfere with the
riparian rights, littoral rights, or water use rights of any other person and this Certification does not
create any prescriptive right or any right of priority regarding any usage of water. This 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 Certification to
possess any prescriptive or other right of priority with respect to any other consumptive user
regardless of the quantity of the withdrawal or the date on which the withdrawal was initiated or
expanded.
22. This certification grants permission to the Director, an authorized representative of the Director, or DEQ
staff, upon the presentation of proper credentials, to enter the property during normal business hours.
[15A NCAC 02H .0502(e)]
23. Non-compliance with or violation of the conditions herein set forth by a specific project may result in
revocation of this General Certification for the project and may also result in criminal and/or civil
penalties. [15A NCAC 02H .0507(c) and (d)]
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 or CAMA 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 26t" day of October 2020
DOCUSignn�O�
e/d by:
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949D91BA53EF4E0...
Paul Wojoski, Supervisor
401 & Buffer Permitting Branch
PAW/slh
W QC004236