HomeMy WebLinkAbout20160185 Ver 1_Approval Letter_20160331WaterResources
ENVIRONMENTAL QUALITY
March 31, 2016
James and Gail Ledford
93 Fox Trace Drive
Sylva, NC 28779
Mickey and Elaine McMahan
50 Fox Trace Drive
Syiva, NC 28779
PAT M.-CCRORY
Govenror
DONALD R. VAN DER VAART
Secretary
S. JAY ZIMMERMAN
Director
DWR # 16-0185
Jackson County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH
ADDITIONAL CONDITIONS
Savannah Creek Stabilization
Dear Mr. and Mrs. Ledford and Mr. and Mrs. McMahan:
You have our approval for the impacts listed below for the purpose described in your application
dated February 10, 2016, and received by the Division of Water Resources (Division) on March
2, 2016. These impacts are covered by the attached Water Quality General Certification Number
3885 and the additional conditions listed below. This certification is associated with the use of
Nationwide Permit Numbers 13 once it is issued to you by the U.S. Army Corps of Engineers.
Please note that you should get any other federal, state or local permits before proceeding with
your project, including those required by (but not limited to) Sediment and Erosion Control,
Non -Discharge, Water Supply Watershed, and Trout Buffer regulations.
This approval requires you to follow the conditions listed in the enclosed certification(s) or
general permit and the following additional conditions:
1. The following impacts are hereby approved provided that all of the other specific and
general conditions of the Certification are met. No other impacts are approved, including
incidental impacts. [15A NCAC 02H .0506(b) and/or (c)J
State of North Carolina I Environmental Quality I Water Resources
2090 U.S. Hwy, 70 1 Swannanoa, North Carolina 28778
829 296 4500
Savannah Creek Stabilization Project
DWR# 16-0185
401 Approval
Page 2 of 4
Type of Impact Amount Approved
Amount Approved
(units)
(units)
Permanent
Temporary
Stream Impact
Impact S 1 1 500 (linear feet)
2. 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 the
Certification/Authorization. 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 approval letter and
General Certification(s) and is responsible for complying with all conditions. [15A
NCAC 02H .0507(d)(2)]
3. The designer or his designee shall supervise the installation of in -stream structures.
[15A NCAC 02H .0506(b)(2)]
4. Fueling, lubrication and general equipment maintenance should not take place within 50
feet of a waterbody or wetlands to prevent contamination by fael and oils. [ 15A NCAC
02H .0506 (b)(3) and (c)(3) and 15A NCAC 02B .0211(12)]
5. All mechanized equipment operated near surface waters or wetlands will be regularly
inspected and maintained to prevent contamination of waters and wetlands from fuels,
lubricants, hydraulic fluids or other potential toxic chemicals. In the event of a
hydrocarbon or chemical spill, the permittee/contractor shall immediately contact the
Division of Water Resources, between the hours of 8 am to 5 pm at the Asheville
Regional Office at 828.296.4500 and after hours and on weekends call (800) 858-0368.
Management of such spills shall comply with provisions of the North Carolina Oil
Pollution and Hazardous Substances Control Act. [15A NCAC 02H .0506 (b)(3) and
(c)(3), 15A NCAC 02B.0211(12), and GS 143 Article 21A]
6. Natural fiber matting is recommended for streambank stabilization over plastic matting
that can entrap small animals. [15A NCAC 02H .0506(b)(2)]
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 Asheville Regional Office
to ensure the stability and water quality of the stream and downstream waters. [15A
NCAC 02H .0506(b)(2) and (b)(3)]
Savannah Creek Stabilization Project
OWR# 16-0185
401 Approval
Page 3of4
8. All temporary impacted areas shall be restored to pre -construction natural conditions
upon completion of the project. Native vegetation shall be used for stream bank
stabilization. [15A NCAC 02H.0506 (b)(2) and (c)(2)]
9. The stream is a Class C, Trout Water. In order to protect downstream uses for Class C,
Trout Waters a requirement of this Certification is that any additional work conducted
within the stream may not occur between the dates of October 15 through April 15.
[15A NCAC 02H.0506 (b)(2) and 15A NCAC 04B.0125]
10. The proposed project shall follow the recommendations stated in the North Carolina
Wildlife Resources Commission (NCWRC) continent letter dated March 14, 2016
(attached) to the maximum extent practicable. [ 15A NCAC 02H .0506(b)(2)]
This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]
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.h=://www.ncoah.com/ or by calling the
OAH Clerk's Office at (919) 431-3000 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 (919) 431-3100, 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:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
If sending via delivery service (UPS,
FedEx, etc):
Office of Administrative Hearings
1.711 New Hope Church Road
Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to DENR:
Sam M. Hayes, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
Savannah Creek Stabilization Project
DWR# 16-01$5
401 Approval
Page 4 of 4
This letter completes the review by the Division under section 401 of the Clean Water Act as
described in 15A NCAC 02H ,0500, Please contact Tim Fox at 828-296-4664 or
tim.foxgiacdelingov if you have any questions or concerns.
Sincerely,
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
Enclosures: GC 3885
Certificate of Completion
NCWRC letter dated March 14, 2016
cc: Andrew Bick - Wildlands Engineering, Inc. (via email)
David Brown — USACE Asheville Regulatory Field Office (via email)
Andrea Leslie — NCWRC (via email)
Bryan Tompkins — USFWS (via email)
Sharon Taylor — Mainspring Conservation Trust (via email)
Stan Aiken — Division of Energy, Mineral, and Land Resources (via email)
DWR ARO 401 files
DWR 401 and Buffer Permitting Unit (via email)
G:1WRlWQIJackson1401s1Non-DOT1Savannah Creek Stabilization Project 3/31/16.doc
® North Carolina Wildlife Resources Commission
Gordon Myers, Executive Director
March 14, 2016
Mr. David Brown
U.S. Army Corps of Engineers, Regulatory Branch
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
SUBJECT: Savannah Creek Stabilization Project - Ledford
Savannah Creek, Jackson County
Dear Mr. Brown:
Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed an
application to stabilize 500 feet of Savannah Creek in Jackson County. Our comments on this
application' are offered for your consideration under provisions of the Clean Water Act of 1977
(33 U.S.C. 466 et. seq.) and Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16
U.S.C. 661-667d).
There are Brown and Rainbow Trout in Savannah Creek, and project activities should be avoided
during the period of October 15 to April 15.
The application proposes to stabilize an eroding section of stream with in -stream structures, soil
lifts, and floodplain benches. Due to the size of the stream, in -stream. structures will be installed
in the wet. Although the stated cause of instability is lack of woody vegetation, planting is
limited to livestakes on the stream banks. We are concerned about the long-term stability of the
project without the planting any woody vegetation on top of the banks.
We offer the following recommendations to minimize impacts to fish and wildlife:
1. 1n -channel work should be accomplished as quickly as possible. Where feasible, divert the
thalweg away from work areas. Coffer dams should be used to isolate the work area where
soil lifts are constructed.
2. Vigilance should be used in sediment and erosion control during site preparation,
construction, and clean up. Disturbed areas should be seeded, mulched, and matted as soon
as possible, preferably at the end of each work day. Any erosion control matting used should
be free of plastic or nylon mesh, as this type of mesh netting frequently entangles wildlife
and is slow to degrade, resulting in a hazard that may last for years.
Mailing. Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC, 27699-1721
Telephone: (919) 707-0220 • Fax: (919) 707-0023
Savannah Creek Stabilization Project
Savannah Creek, Jackson County
March 14, 2016
3. We strongly recommend that a woody buffer as wide as possible be planted on both sides of
the stream. We recommend a minimum of 30 feet as infrastructure allows in order to ensure
project success. A wide forested buffer can ensure greater bank stability, filter overland
pollutants, and provide habitat for birds and other wildlife.
4. Project activities should be avoided between October 15 and April 15 in order to avoid
impacts. to Brown and Rainbow Trout spawning.
Thank you for the opportunity to review and comment on this project. Please contact me at
(828) 558-6011 if you have any questions about these comments.
Sincerely,
Andrea Leslie
Mountain Region Coordinator, Habitat Conservation Program
ec: Andrew Bick, Wildlands Engineering
Tina Fox, NC Division of Water Resources
N
Water Qua[ity Certification No,. 3885
Water Quality Certification Number 3886 is issued in conformity with the requirements of Section
401, Publio Laws 92-500: and 95-217 of the United States and subject to the North Carolina
Division of Water Quality Regulations in 15A NCAC 02H .0500 and.15A NCAC 02B .0200 for the
discharge of fill material to waters as: described in 33 CFR 330 Appendix A (B) (13 and 27) and
Regional. Permit 197800080 and for the Riparian Area Protection Rules (Buffer Rules) in 15A
NCAC 026.0200.
The State of North Carolina certifies that the specified category of activity will not violate
applicable portions of Sections 301, 302, 303; 306 and 307 of the Public laws 92-600 and
95.217 if conducted in accordance with the conditions hereinafter set forth.
Activities meeting any one (1) of the following thresholds or dircumstances, require wrftfen
approva/ for a 401 Water Quality Certification from the Division of Water Quality (the
"Division"):
a) All proposed fill or modification of wetlands and/or waters, including streams and
streambonks, regardless of the purpose of the restoration; enhancement, stabilization, or
creation activity, except for single and independent projects involving in -stream structures
for the sole purpose of streambank stabilization; which are designed based on current
natural channett'echn.iques, and do not exceed a total of three structures within 10.0 feet
or less of streambank; or
b) Any stream relocation; or
c) Bank Stabilization projects qualifying for Nationwide Permit 13 for erosion protection
Which utilize non -natural. armoring such as riprap, gabion baskets, deflection walls etc of
greater than 150 feet in streambank length; .or
. d} ` Bank.Stabiiization projects`"qualifyih4 for Nationwide Permit 13 foreroslon protection' .............. ..............
Which utilize natural streambank sloping; vegetation, and other natural channel protection
techniques of greater than 500 feet of streambank length; or
e) Any impact associated with a Notice of Violation or an enforcement action for violation(s)
Of 0WQ Wetfand Rules (15A NCAC 02H..050.0), isolated. Wetland Rules (15A NCAC 62H
.1300), DWQ Surface Water or Wetland Standards, or Riparian Buffer Rules '(15A NCAC.
02B .0200);; or
f) Any impacts to streams and/or buffers in the Neuse, Tar -Pamlico,. or Catawba River
Basins or in the Randleman, Jordan or Goose Creek Watersheds (or any other basin or
watershed with Riparian Area Protection Rules [Buffer Rules] in effect at the time. of
application) unless the activities are listed as "EXEMPT" from these rules or a Buffer
Authorization Certificate is issued.through N.C. Division of Coastal Management (DCM)
delegation for "ALLOWABLE" activities.
In accordance With North Carolina General Statute 1.43-215.31)(e), written approval for a 401
Water Quality General Certification must.include the appropriate fee. If a project also requires a
CAMA Permit, then one payment to both agencies shall be submitted and will be the higher of the
two fees.
Water Quality Certification No. 3885
Water Quality Certification No. 3885
Activities included in this General Certification that do not meet one of the thresholds
listed above do not require written approval from the Division as long.as they comply with
the Conditions of Certification listed below. if any of these Conditions cannot be met, then
written approval from the Division is required.
Conditions of Certification:
1. Activities shall: meet the definitions, design, and monitoring protocols specified within the US
Army Corps of Engineers Wilmington District Regulatory Guidance Letter(RGL02-02) and.
the Stream Mitigation Guidelines.(April 2003) or any subsequent updates to these
documents.
2. No Impacts Beyond those Authorized in the Written Approvai or Beyond the Threshold of Use
of this Certification
No waste, spoil, solids, or fill o€ any kind shall, occur in wetlands, waters, or riparian areas
beyond the footprint of the impacts depicted in the Pre -Construction Notification, as
authorized in the written approval from the Division or beyond. the thresholds established for
use of this Certification without written authorization, including incidental impacts. All
construction activities, including the design, installation; operation; and maintenance of
sediment and erosion control Best Management Practices shall be performed so that no
violations of state water quality. standards, statutes, or rules occur. Approved plans and
specifications for this project are incorporated by reference and are enforceable parts of this
permit.
3. Standard Erosion and Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices and if applicable, comply with the specific conditions and
requirements of the NPDES Construction Stormwater Permit issued to the site:
a. Design, installation, operation, and maintenance of the sediment and erosion control
..................measures must be such that they equal or exceed the requirements spe'ci"f'ie"d'
in the most
recent version of the North. darbilna Sediment and Erasion Control Manual. The'devibes
shall be maintained on all. construction sites, borrow sites, and waste pile (spoil} projects,
including.contractor-owned or leased borrow pits associated with the project.
b. For borrow pit sites,, the erosion and sediment control measures must be designed,
installed, operated, and maintained in accordance: with the most recent version of the
North Carolina Surface Mining Manual.
c. Reclamation measures and implementation. must comply with the reclamation In
accordance with the requirements of. the Sedimentation Pollution Control Act and the
Mining Act of 1.971.
d. Sufficient materials required for stabilization and/or repair of. erosion control measures
and stormwater routing and treatment shall be on-site at all times.
e. If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs),
SA, WS -I, WS -11, High Quality (HQW), or .Outstanding Resource (ORW) waters, then the
sedimentation and erosion control designs must comply with the requirements set forth
in 15A NCAC 04B . 0124,. Design Standards in Sensitive Watersheds.
Water Quality Certification No, 3885
Water Quality Certification No. 3885
4. No Sediment and Erosion Control Measures in Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters.
Exceptions to this: condition require application submittal to and written approval by the
D..M.S1 n. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, then design and placement.of temporary erosion control measures shall not be
conducted in a manner that:may result In.dis-.equ.ilibriurnofwetiands, stream beds, or banks,
adjacent to or upstream and downstream of the above structures. All sediment and erosion
control devices shall be removed and the natural grade restored within two (2) months of the
date that the Division of Land Resources (DLR) or locally delegated program has released
the specific area within the project.
5. Construction Stormwater Permit NCG010000
An NPDES Construction Stormwater Permit is required for construction projects that disturb
one (1) or more acres of land. This Permit allows stormwater to.be discharged during land
disturbing construction activities as stipulated in the conditions of the permit: If your 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. A copy of the general permit. (NCG0.10000),
inspection log sheets, and otherinformation 'may be found at
httr):Iportal.ncdenr.oEg/w,ob/wq+/ws/su/nodessmgiab.vV.
The North Carolina Department of Transportation (NCOOT) .shall be: required to be in full
compliance with the conditions related to construction activities within the most.recent version
of their individual NPDES (NCS000250) stormwater permit.
6. Construction Moratoriums and Coordination
If activities must occur during periods of high biological activity *(Le. sea turtle nesting, fish
spawning, or bird nesting), then biological monitoring may be required at the request of other
state or federal agencies and coordinated with these activities.
:.........................Ah_.tno.ratoriums on.cons.fraction.actio„ities.established.by the IVC„Wildlife Resources
.:. .............. .
Commission (WRC.), .US Fish and Wildlife Service. (USFWS), NC Division of Marble Fisheries
(DMF), or National Marine Fisheries: Service (NMI=S) to lessen. impacts on trout, anadromous
fish, larva Upost4arval fishes and crustaceans, or other aquatic species of concern shall be
implemented. Exceptions to this condition require written approval by the resource agency
responsible for the given moratorium.
Work within the twenty-five (25) designated trout counties or identified state or federal
endangered or threatened species habitat shall be coordinated with the appropriate WRC,
USFWS, NMFS, and/or DMF personnel.
7, Work in the Dry
All work in or adjacent to stream waters 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 DOT
Construction and Maintenance Activities Manual,_ such as.sandbags, rock berms, cofferdams,
and other diversion structures. shall be used to minimize excavation in flowing water.
Exceptions to this condition require application submittal to and written approval by the
Division.
Water Quality Certification No. 3886
Water Quality Certification No. 3$85
8, Riparian Area Protection (Buffer) Rules
Activities located in the protected riparian areas (whether jurisdictional wetlands or not),
within the Neuse,. Tar:Pamlico, or Catawba River Basins or in the Randleman, Jordan, or
Goose Creek Watersheds (or any other basin or watershed with buffer rules) shall be limited
to `'uses" identified.within.and constructed in accordance with 15A NCAC 02B.0233, .0259,
.0243, .0250, .0267 and .0605, and shall be located, designed, constructed, and maintained
to have minimal disturbance to protect water quality to the maximum extent practicable
through the use of best management practices. Ail. buffer rule requirements, including diffuse
flow requirements, must be met.
9. If concrete is used during the 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
due to the potential for elevated pH and possible aquatic. life/ fish -kills.
10. All. temporary fill and culverts shall be removed and, the impacted area returned to natural
conditions within 60. days of the determination that the temporary impact is no longer
necessary. The impacted areas shall be restored to original grade, including each stream's
original cross sectional dimensions, plan form pattern, and longitudinal bed and bed profile,
and the various sites shall be stabilized with neural.woody vegetation (except for the
approved maintenance areas) and restored to prevent erosion.
11. Ali temporary pipes/ culverts/ riprap pads etc, shall. be installed. in all streams as outlined in
the most recent edition of the !North Carolina Sediment and Erosion Control Planning and
Design Manuel or the North Carolina Surface Mining Manual so as not to restrict stream flow
or cause dis-equilibrium during use of this General Certification.
1.2. Any riprap 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 buried andior "keyed W' such that the original stream
elevation and streambank contours are restored and maintained.. Placement of rip -rap or
other approved materials shall not result in de -stabilization of the stream bed or banks
or downstream of the area.......... ,
13. Any rip -rap used for stream stabilization shall be of a size and density so as not to be .able to
be carried off by wave, current action, or stream flows and 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
stabiilzation measures.
14; A one-time application of fertilizer to re-establish vegetation is allowed in disturbed areas
including riparian buffers, but is restricted to no closer than 10. feet from top of bank of
streams. Any fertilizer application must comply -with all other Federal, State and Local
regulations,
15. Applications for riprap groins proposed in accordance with 15A NCAC 07H,.1401 (NC
Division, of Coastal Management General Permit for construction of Wooden and Riprap
Groins in Estuarine and Public Trust Waters) must meet all the specific conditions for design-
and
esign
and construction specified in 15A NCAC 07H .1405.
Water Quality Certification No. 3885 4
Water Quality Certification No, 3885
16. Compensatory Mitigation
In accordance with 15A NCAC 02H .0506 (h), compensatory mitigation may be required for
losses of equal to or greater than 150 linear feet of streams (intermittent and perennial)
and/or equal to or greater than one (1) acre of wetlands. For linear public transportation
projects, impacts equal to or exceeding 150 linear feet per stream shall require mitigation;
Huffer mitigation may be required for any project with Buffer Rules in effect at the time of
application for activities classified as "Allowable with Mitigation" or "Prohibited" within the
Table of Uses.
A determination of buffer, wetland, and stream mitigation requirements shall be made for any
General Water Quality Certification for this Nationwide and/or Regional General Permit.
Design and monitoring protocols shall follow the US Army Corps of Engineers Wilmington
District Stream Mitigation Guidelines (April 2003) or its subsequent updates. Compensatory
mitigation plans shall be submitted to the Division for written approval as required in those
protocols. The mitigation .plan must be Implemented andlor constructed before any impacts
occur on site. Alternatively, the Division will accept payment into an in -lieu fee program or a
mitigation bank. In these cases, proof of payment shall be provided to the Division before
any impacts occur on site.
17. If an environmental document. is required under the National or State Environmental Policy
Act (NEPA or SEPA), then this General Certification is not valid until a Finding -of No
Significant Impact (FONSI) or Record of Decision (ROD) is issued by the State
Clearinghouse.
18. In the twenty (20) coastal counties, the appropriate DW Q. Regional Office must be contacted
to determine if Coastal Stormwater Regulations will be required.
191. This General Certification does not relieve the applicant of the responsibility to obtain all other
required Federal, State, or Local approvals.
20. The applicant/permittee and their authorized agents shell conduct all activities in a manner
consistent with State water quality,sfandards (including a.ny.requirernents resulting„from
.....
compliance with §30(d), of the Clean Water Act), and any other appropriate requirements of
State and Federaf Law, if the Division determines that such standards or laws are not being
Met. including failure to sustain a designated or achieved use, orthat State or Federal law is
being violated, or that further conditions are necessary to assure compliance, then the
Division may reevaluate and modify this General Water Quality Certification,
21. When written .authorization is required for use of this certification, upon completion of all
permitted impacts included within the approval and any subsequent modifications, the
applicant shall be required to return the certificate of completion attached to the approval,
Ohe copy of the certificate shall be sent to the DWQ Central Office in Raleigh at 1650 Mail
.Service Center, Raleigh, NC, 2.7699-1650.
22. Additional site-specific conditions, including monitoring and/or modeling requirements, may r
be added to the written approval letter for projects proposed under this Water Quality
Certification in order to ensure compliance With all applicable water quality and effluent
standards. _-..
23. This certification grants permission to the director, an authorized. representative of the }
Director, or DENR staff, upon the presentation of proper credentials, to enter the property
during normal business hours..
Water Quality Certification No. 3885
Water Quality Certification No. 3885
This General Certification shall expire on the same day as the expiration date of the
corresponding Nationwide and/or Regional General Permit. The conditions in effect on the date
of issuance of Certification for a specific project shall remain in effect for the life of the project,
regardless of the expiration date of this Certification.
Non-compliance with or violation of the conditions herein set forth by a specific project may result
in revocation of this Generai Certification for the project and.may also result in criminal and/or civil
penalties.
The Director of the North Carolina Division of Water Quality may require submission of a formal
application for Individual Certification for any project in this category of activity if it is determined
that the project is likely to have a significant adverse effect upon water quality, including state or
federally listed endangered or threatened aquatic species, or degrade the waters so that existing
uses of the wetland or downstream waters are precluded.
Public hearings may be held for specific applications or group of applications prior to a
Certification decision if deemed in the public's best interest by the Director of the North Carolina
Division of Water Quality,
Effective date: March 19, 2012
DIVISION OF WATER QUALITY
By
Charles Wakild, P.E.
Director
History Note; Water Quality Certification (WQC) Number 3885 issued March 19, 2012 replaces
WQC Number 3689 issued November 1, 2007, WQC Number 3626 issued March, 2007; WQC I
Number 3495 issued December 31, 2004; and WQC Number 3399 Issued March 2003. This i
General Certification .is rescinded when the Corps of Engineers reauthorizes any of the
corresponding Nationwide.and/or Regional General Permits and/or when deemed appropriate by
the Director of the Division of Water Quality.
l
I
}
j
F•
7
Water Quality Certification No. 3885 6
WaterResources
ENVIRONMENTAL QUALITY
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
secretory
S. JAY ZIMMERMAN
Director
WR Project No.: County:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer
Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401 and
Buffer Permitting Unit, North Carolina Division of Water Resources, 1650 Mail Service Center, Raleigh,
NC, 27699-1650. This form may be returned to DWR by the applicant, the applicant's authorized agent, or
the project engineer. It is not necessary to send certificates from all of these.
Applicant's Certification
I, , hereby state that, to the best of my abilities, due care and
diligence was used in the observation of the construction such that the construction was observed to be built
within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the
approved pians and specifications, and other supporting materials.
Signature: Date:
Agent's Certification
1, , hereby state that, to the best of my abilities, due care and
diligence was used in the observation of the construction such that the construction was observed to be built
within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the
approved plans and specifications, and other supporting materials.
Signature:
If this project was designed by a Certified Professional
I, , as a duly registered Professional (Le.
Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to
observe (periodically, weekly, full time) the construction of the project, for the Permitee hereby state that, to
the best of my abilities, due care and diligence was used in the observation of the construction such that the
construction was observed to be built within substantial compliance and intent of the 401 Water Quality
Certification and Buffer Rules, the approved plans and specifications, and other supporting materials.
Signature:
Date
Registration No.
State of North Carolina I Environmental Quality I Water Resources
I611 Mail servioe Center I Raleigh, North Carolina 27699-1611
9197079000