HomeMy WebLinkAbout20240194 Ver 1_Approval Letter_20240606 (2)DocuSign Envelope ID: D038D3AA-434E-46D2-8645-F18B35D4116C
ROY COOPER
Governor
ELIZABETH S. B1SER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
June 6, 2024
DWR # 20240194
Johnston County
Johnston County
Attn: Rick Hester
PO Box 1049
Smithfield, NC 27577
Delivered via email to: rick.hester@lohnstonnc.com
Subject: Approval of Individual 401 Water Quality Certification
Whitley Heights Diversion
USACE Action ID. No. SAW-2024-00209
Dear Rick Hester:
Attached hereto is a copy of Certification No. WQC006730 issued to Rick Hester and Johnston County,
dated June 6, 2024. 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.
DocuSign Envelope ID: D038D3AA-434E-46D2-8645-F18B35D4116C
Whitley Heights Diversion
DWR# 20240194
Individual Certification #WQC006730
Page 2 of 10
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 Raleigh 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 Raleigh 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 15013-23(a).
This letter completes the Division's review under section 401 of the Clean Water Act and 15A NCAC 02H
.0500. Please contact Joe Myers at 919-791-4256 or ioseph.myers@deg.nc.gov if you have any
questions or concerns.
Sincerely,
IA
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Michael Hall
Regional Supervisor, Raleigh Regional Office
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ
North Carolina Department of Environmental Quality I Division of Water Resources
DEQRaleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609
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DocuSign Envelope ID: D038D3AA-434E-46D2-8645-F18B35D4116C
Whitley Heights Diversion
DWR# 20240194
Individual Certification #WQC006730
Page 3 of 10
Electronic cc: Chandra Farmer, Johnston County
Christopher Hopper, USACE South Atlantic Division - TREC
Gabriella Garrison, NCWRC
DWR 401 & Buffer Permitting Branch Electronic file
Filename: 20240194_Whitley Heights Diversion_IP58_Johnston.docx
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DocuSign Envelope ID: D038D3AA-434E-46D2-8645-F18B35D4116C
Whitley Heights Diversion
DWR# 20240194
Individual Certification #WQC006730
Page 4 of 10
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #WQC006730 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 Rick Hester and Johnston County, who have authorization for the impacts
listed below, as described within your application received by the N.C. Division of Water Resources
(Division) on January 26, 2024, and subsequent information on April 24, 2024, and again on June 4, 2024,
and by Public Notice issued by the Division on February 1, 2024, and within the Reasonable Period of Time
pursuant to 40 CFR Part 121.6.
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
Intermittent Streams
S1: Riprap Fill - SA
20 linear feet
0 linear feet
0 credits
S2: Excavation — Open Cut
0 linear feet
10 linear feet
0 credits
Totals:
20 linear feet
101inear feet
0 credits
This approval requires you to follow the conditions listed in the certification below.
CONDITIONS OF CERTIFICATION [15A NCAC 02H .0507(c)]:
ACTIVITY SPECIFIC CONDITIONS:
All sewer lines shall be designed, constructed and maintained in accordance with Title 15A NCAC
Chapter 02T, applicable Minimum Design Criteria (MDC), and/or Alternative Design Criteria.
Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c)
2. Any utility construction corridor that is parallel to a stream or open water shall not be closer than
10 feet to the top of bank or ordinary high-water mark.
Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c)
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. In determining that the proposed activity will
comply with state water quality standards (including designated uses, numeric criteria, narrative
criteria and the state's antidegradation policy), the Division must evaluate if the activity has
avoided and minimized impacts to waters, would cause or contribute to a violation of standards or
would result in secondary or cumulative impacts.
3. Where there are temporary or permanent impacts from stream crossings, utility lines shall cross
North Carolina Department of Environmental Quality I Division of Water Resources
DEQRaleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609
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DocuSign Envelope ID: D038D3AA-434E-46D2-8645-F18B35D4116C
Whitley Heights Diversion
DWR# 20240194
Individual Certification #WQC006730
Page 5 of 10
the stream channel at a near -perpendicular direction (i.e., between 75 degrees and 105 degrees to
the stream bank).
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
4. Construction corridors in wetlands and/or across stream channels shall be minimized to the
maximum extent practicable and shall not exceed 40 feet wide.
For construction corridors in wetlands and across stream channels, stumps shall be grubbed
only as needed to install the utility, and remaining stumps shall be cut off at grade level. The
general stripping of topsoil within wetlands along the construction corridor is prohibited.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
5. Permanent maintained access corridors in wetlands and across stream channels shall be restricted
to the minimum width practicable and shall not exceed 30 feet wide.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
6. For all utility lines constructed within wetlands, an anti -seep collar shall be placed at the
downstream (utility line gradient) wetland boundary and every 150 feet up the gradient until
the utility exits the wetland. Anti -seep collars may be constructed with class B concrete,
compacted clay, PVC pipe, or metal collars. Wetland crossings that are directionally drilled, and
perpendicular wetland crossings that are open cut and less than 150 feet long do not require
anti -seep collars. The compacted clay shall have a specific infiltration of 1 X 10-5 cm/sec or less.
A section and plan view diagram is attached for the anti -seep collars.
The following specifications shall apply to class B concrete:
i. Minimum cement content, sacks per cubic yard with rounded coarse aggregate 5.0
ii. Minimum cement content, sacks per cubic yard with angular coarse aggregate 5.5
iii. Maximum water -cement ratio gallons per sack 6.8
iv. Slump range 2" to 4"
V. Minimum strength - 28-day psi 2,500
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
GENERAL CONDITIONS:
7. The permittee shall report to the DWR Raleigh Regional Office any noncompliance with, and/or any
violation of, stream or wetland standards [15A NCAC 0213.0200], 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)
8. 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)
North Carolina Department of Environmental Quality I Division of Water Resources
DEQRaleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609
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Noaliicaao�i�n 919.791.4200
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DocuSign Envelope ID: D038D3AA-434E-46D2-8645-F18B35D4116C
Whitley Heights Diversion
DWR# 20240194
Individual Certification #WQC006730
Page 6 of 10
9. All activities shall be in compliance with any applicable State Regulated Riparian Buffer Rules in
Chapter 2B of Title 15A in the North Carolina Administrative Code.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
10. When applicable, all construction activities shall be performed and maintained in full compliance
with G.S. Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973). Regardless of
applicability of the Sediment and Pollution Control Act, all projects shall incorporate appropriate
Best Management Practices for the control of sediment and erosion so that no violations of state
water quality standards, statutes, or rules occur.
Design, installation, operation, and maintenance of all sediment and erosion control measures
shall be equal to or exceed the requirements specified in the most recent version of the North
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.
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 0413.0124, Design Standards in Sensitive Watersheds.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCACO28 .0200; 15A NCAC 02B
.0231
11. Sediment and erosion control measures shall not be installed in wetland or waters except within
the footprint of temporary or permanent impacts otherwise authorized by this Certification. If
placed within authorized impact areas, then placement of such measures shall not be conducted in
a manner that results in dis-equilibrium of any wetlands, streambeds, or streambanks. Any silt
fence installed within wetlands shall be removed from wetlands and the natural grade restored
within two (2) months of the date that DEMLR or locally delegated program has released the
specific area within the project to ensure wetland standards are maintained upon completion of
the project.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 028 .0200; 15A NCAC 02B
.0231
12. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used along
streambanks or within wetlands.
North Carolina Department of Environmental Quality I Division of Water Resources
DEQRaleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609
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Noaliicaao�i�n 919.791.4200
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DocuSign Envelope ID: D038D3AA-434E-46D2-8645-F18B35D4116C
Whitley Heights Diversion
DWR# 20240194
Individual Certification #WQC006730
Page 7 of 10
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
13. If the project is covered by NPDES Construction Stormwater Permit Number NCGO10000 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 028 .0200; 15A NCAC 02B
.0231
14. All work in or adjacent to streams shall be conducted so that the flowing stream does not come in
contact with the disturbed area. Approved best management practices from the most current
version of the NC Sediment and Erosion Control Manual, or the NC Department of Transportation
Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams, and
other diversion structures shall be used to minimize excavation in flowing water.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 028 .0200
15. Culverts shall be designed and installed in such a manner that the original stream profiles are not
altered and allow for aquatic life movement during low flows. The dimension, pattern, and profile
of the stream above and below a pipe or culvert shall not be modified by widening the stream
channel or by reducing the depth of the stream in connection with the construction activity. The
width, height, and gradient of a proposed culvert shall be such as to pass the average historical low
flow and spring flow without adversely altering flow velocity. If the width of the culvert is wider
than the stream channel, the culvert shall include multiple boxes/pipes, baffles, benches and/or
sills to maintain the natural width of the stream channel. If multiple culverts/pipes/barrels are
used, low flows shall be accommodated in one culvert/pipe and additional culverts/pipes shall be
installed such that they receive only flows above bankfull.
Placement of culverts and other structures in streams shall be below the elevation of the
streambed by one foot for all culverts with a diameter greater than 48 inches, and 20% of the
culvert diameter for culverts having a diameter less than or equal to 48 inches, to allow low flow
passage of water and aquatic life. If the culvert outlet is submerged within a pool or scour hole
and designed to provide for aquatic passage, then culvert burial into the streambed is not
required.
For structures less than 72" in diameter/width, and topographic constraints indicate culvert
slopes of greater than 2.5% culvert burial is not required, provided that all alternative options
for flattening the slope have been investigated and aquatic life movement/connectivity has
been provided when possible (e.g. rock ladders, cross -vanes, sills, baffles etc.). Notification,
including supporting documentation to include a location map of the culvert, culvert profile
drawings, and slope calculations, shall be provided to DWR 30 calendar days prior to the
installation of the culvert.
When bedrock is present in culvert locations, culvert burial is not required, provided that there
is sufficient documentation of the presence of bedrock. Notification, including supporting
documentation such as a location map of the culvert, geotechnical reports, photographs, etc.
shall be provided to DWR a minimum of 30 calendar days prior to the installation of the culvert.
If bedrock is discovered during construction, then DWR shall be notified by phone or email
within 24 hours of discovery.
North Carolina Department of Environmental Quality I Division of Water Resources
DEQRaleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609
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Noaliicaao�i�n 919.791.4200
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DocuSign Envelope ID: D038D3AA-434E-46D2-8645-F18B35D4116C
Whitley Heights Diversion
DWR# 20240194
Individual Certification #WQC006730
Page 8 of 10
Installation of culverts in wetlands shall ensure continuity of water movement and be designed
to adequately accommodate high water or flood conditions. When roadways, causeways, or
other fill projects are constructed across FEMA-designated floodways or wetlands, openings
such as culverts or bridges shall be provided to maintain the natural hydrology of the system as
well as prevent constriction of the floodway that may result in destabilization of streams or
wetlands.
The establishment of native woody vegetation and other soft stream bank stabilization
techniques shall be used where practicable instead of rip -rap or other bank hardening methods.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
16. Application of fertilizer to establish planted/seeded vegetation within disturbed riparian areas
and/or wetlands shall be conducted at agronomic rates and shall comply with all other Federal,
State and Local regulations. Fertilizer application shall be accomplished in a manner that minimizes
the risk of contact between the fertilizer and surface waters.
Citation: 15A 02H .0506(b), 15A NCAC 02H .0507(c), 15A NCAC 02B .0200, 15A NCAC 02B .0231
17. 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
18. 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)
19. 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)
20. 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)
North Carolina Department of Environmental Quality I Division of Water Resources
DEQRaleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609
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Noaliicaao�i�n 919.791.4200
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DocuSign Envelope ID: D038D3AA-434E-46D2-8645-F18B35D4116C
Whitley Heights Diversion
DWR# 20240194
Individual Certification #WQC006730
Page 9 of 10
21. 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 028 .0201
22. 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 028 .0200; 15A NCAC 028
.0231
23. 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 028 .0231
24. 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)
25. 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)
26. 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)
North Carolina Department of Environmental Quality I Division of Water Resources
DEQRaleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609
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Noaliicaao�i�n 919.791.4200
oewro�e�t of e�n��me�mi o�ei�
DocuSign Envelope ID: D038D3AA-434E-46D2-8645-F18B35D4116C
Whitley Heights Diversion
DWR# 20240194
Individual Certification #WQC006730
Page 10 of 10
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 6th day of June 2024
�gDocuSigned by:
372DCBCB61EE4A8...
Michael Hall
Regional Supervisor, Raleigh Regional Office
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ
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Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609
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