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HomeMy WebLinkAbout20160216 Ver 1 _1st Time Out Ind Pmt _20160831Regulatory Division Action ID. SAW -2010-01336 Town of Hope Mills Mr. John Ellis 5770 Rockfish Road Hope Mills, North Carolina 28348 Dear Mr. Ellis: DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 August 26, 2016 Enclosed is a Department of the Army permit to construct a dam on Little Rockfish Creek to impound and re-create a 95 -acre lake, Hope Mills Lake, for the purposes of recreational use. The Corps is issuing this permit in response to your written request of March 4, 2016, and the ensuing administrative record. Any deviation in the authorized work will likely require modification of this permit. If a change in the authorized work is necessary, you should promptly submit revised plans to the Corps showing the proposed changes. You may not undertake the proposed changes until the Corps notifies you that your permit has been modified. Carefully read your permit. The general and special conditions are important. Your failure to comply with these conditions could result in a violation of Federal law. Certain significant conditions require that: a. You must complete construction before August 26, 2021. b. You must notify this office in advance as to when you intend to commence and complete work. c. You must allow representatives from this office to make periodic visits to your worksite as deemed necessary to assure compliance with permit plans and conditions. You should address all questions regarding this authorization to Ms. Emily Greer at the Wilmington Regulatory Field Office, telephone 910-251-4567. Sincerely, Kevin P. Landers Sr. Colonel, U.S. Army District Commander Copy Furnished with enclosures: -2 - Chief, Source Data Unit NOAA/National Ocean Service 1315 East-West Hwy, Room 7316 Silver Spring, Maryland 20910-3282 Copies Furnished with special conditions and plans: Mr. Todd Bowers Permit Review Specialist Wetlands Regulatory Section USEPA — Region 4 Sam Nunn Atlanta Federal Center 61 Forsyth Street, SW Atlanta, GA 30303-8960 Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Dr. Ken Riley Habitat Conservation Division 101 Pivers Island Road Beaufort, North Carolina 28516-9722 Ms. Jennifer Burdette 401/Buffer Coordinator Division of Water Resources Department of Environmental Quality Raleigh, North Carolina 27699-1617 SPECIAL CONDITIONS Hope Mills Dam Action ID SAW -2010-01336 In accordance with 33 U.S.C. 1341 (d), all conditions of the North Carolina Department of Environmental Management Water Quality Certification will be incorporated as part of the Department of the Army permit. Therefore, they are not listed as special conditions. The following special conditions will also be added to the pennit: 1. CONSTRUCTION PLANS: All work authorized by this permit must be performed in strict compliance with the attached plans dated May 2016, Drawing B-03, Sheet 13 of 53 that identify the Labyrinth Cycles at elevation 104.0 feet NAVD-88, which are a part of this permit. Any modification to these plans must be approved by the US Army Corps of Engineers (USACE) prior to implementation. 2. MAINTAIN CIRCULATION AND FLOW OF WATERS: Except as specified in the plans attached to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, in such a manner as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters or wetlands. 3. DEVIATION FROM PERMITTED PLANS: The permittee shall ensure that the construction design plans for this project do not deviate from the permit plans attached to this authorization. Written verification shall be provided that the final construction drawings comply with the attached permit drawings prior to any active construction in waters of the United States, including wetlands. Any deviation in the construction design plans will be brought to the attention of the USACE, Ms. Emily Greer, in the Wilmington Regulatory Field Office prior to any active construction in waters or wetlands. Ms. Greer's phone number is (910)-251-4564 and E-mail address is Emily.C.Greer@usace.army.mil. 4. PRECONSTRUCTION MEETING: The Permittee shall schedule an onsite preconstruction meeting between its representatives, the contractor's representatives and the appropriate USACE Project Manager prior to undertaking any work within jurisdictional waters and wetlands to ensure that there is a mutual understanding of all terms and conditions contained within the Department of the Army permit. 5. UNAUTHORIZED DREDGE OR FILL: Except as authorized by this permit or any USACE approved modification to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. 6. WATER CONTAMINATION: All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste, the permittee shall immediately report it to the N.C. Division of Water Resources at (919) 733-3300 or (800) 858-0368 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. 7. NOTIFICATION OF CONSTRUCTION COMMENCEMENT AND COMPLETION: The permittee shall advise the Corps in writing prior to beginning the work authorized by this permit and again upon completion of the work authorized by this permit. 8. CLEAN FILL: Unless otherwise authorized by this permit, all fill material placed in waters or wetlands shall be generated from an upland source and will be clean and free of any pollutants except in trace quantities. Metal products, organic materials (including debris from land clearing activities), or unsightly debris will not be used. Soils used for fill shall not be contaminated with any toxic substance in concentrations governed by Section 307 of the Clean Water Act. 9. PERMIT DISTRIBUTION: The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit 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 permit. A copy of this permit, including all conditions, shall be available at the project site during construction and maintenance of this project. 10. SILT -FENCING: The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter 113A Article 4). 11. PERMIT TRANSFER: The permittee will maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The Permittee is not relieved of this requirement permitted activity is abandoned without having the permit transferred to a third party. 12. EROSION CONTROL MEASURES IN WETLANDS: The permittee shall remove all sediment and erosion control measures placed in wetlands or waters, and shall restore natural grades in those areas, prior to project completion. 13. REPORTING ADDRESS: All reports, documentation and correspondence required by the conditions of this permit shall be submitted to the following address: U.S. Army Corps of Engineers, Regulatory Division, Wilmington Regulatory Field Office, c/o Ms. Emily Greer, 69 Darlington Avenue, Wilmington, NC 28403, and by telephone at: 910-251-4567. The Permittee shall reference the following permit number, SAW -2010-01336, on all submittals. 14. REPORTING VIOLATIONS OF THE CLEAN WATER ACT: Violation of these conditions or violation of Section 404 of the Clean Water Act of Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the violation. 15. COMPLIANCE INSPECTION: A representative of the Corps of Engineers will periodically and randomly inspect the work for compliance with these conditions. Deviations from these procedures may result in a directive to cease work until the problem is resolved to the satisfaction of the Corps. 16. PROHIBITIONS ON CONCRETE: The permittee shall take measures to prevent live or fresh concrete, including bags of uncured concrete, from coming into contact with any water in or entering into waters of the United States. Water inside coffer dams or casings that has been in contact with concrete shall only be returned to waters of the United States when it no longer poses a threat to aquatic organisms. 17. MITIGATION: In lieu of compensatory mitigation in the form of payment to an established mitigation bank or an in -lieu fee program, the permittee shall submit a formal report detailing improvements to the dam and lake area for recreational use. The plan should detail improvements to the public use swimming area, piers/docks, and fishing and boat ramp areas, as well as plans for the museum project discussed in the permit application. The report shall be submitted to the Corps for review and comment within thirty (30) days of completing dam construction. 18. THREATENED AND ENDANGERED SPECIES: All necessary precautions and measures will be implemented so that any activity will not kill, injure, capture, harass, or otherwise harm any protected federally listed species. While accomplishing the authorized work, if the permittee discovers or observes a damaged or hurt listed endangered or threatened species, the District Engineer will be immediately notified to initiate the required Federal coordination. 19. PERMIT REVOCATION: The permittee, upon receipt of a notice of revocation of this permit or upon its expiration before completion of the work will, without expense to the United States and in such time and manner as the Secretary of the Army or his authorized representative may direct, restore the water or wetland to its pre -project condition. 20. EEL PASSAGE AND MONITORING: The permittee will include one of the following options to address passage of the American eel from Little Rockfish Creek into Hope Mills Lake as a result of the construction of Hope Mills Dam. Option 1) The permittee will include a permanent, continuous eel ladder with a photoelectric eel counter into the design of the Hope Mills Dam. This option does not require any monitoring by Town staff. Option 2) The permittee will attach a temporary eel ladder and trap system on the downstream side and at the base of the dam that will be monitored for three (3) years. Following dam construction and re -filling of the lake and prior to the start of the migratory season (15 March and I September), the permittee will set up a Milieu (or similar) eel ladder and trap system in a location on the dam that is deemed appropriate by NMFS. Town staff will empty the traps a minimum of two to three times a week from 15 March to 15 June and again beginning I September to 15 October. The number of individual eels will be recorded, transported, and released above the dam into Hope Mills Lake. The number of eels released will be reported to NMFS, USFWS, and the Corps at one-month intervals (mid-April, mid- May, mid-June, and mid-October). Adaptive management for more restrictive monitoring seasons may be implementd if NMFS and/or USFWS determines that it is appropriate to do so. After the migratory seasons, the eel adder and trap may be removed from the dam and stored. After three years of monitoring, if the presence of eels has been noted, the Town will provide a long-term operational plan for eel passage to NMFS, USFWS, and the Corps for review, approval, and implementation. The Town will consult with NMFS on the specific details of this plan. The permittee will keep any eel passage structure in properly maintained condition and kept clear of any trash, debris, or other material that may hinder eel passage. The permittee shall provide personnel from the NMFS, USFWS, and Corps access to the project site and any pertinent project records for the purpose of inspecting the eel passage system to determine compliance with the prescriptions and for general evaluation and overview observations. Within 30 days of permit issuance (NLT 26 September 2016), the permittee will inform the Corps, NMFS, and USFWS of which option, Option 1 or Option 2, they intend to implement. Water Resources ENVIRONMENTAL QUALITY August 22, 2016 Town of Hope Mills Attn: Mr. John W. Ellis 5770 Rockfish Road Hope Mills, NC 28348 FAT MCCRORY Gm error DONALD R. VAN DER VAART Secretary S. JAY ZIMMERMAN Director DWR # 16-0216 Cumberland County Subject Approval of Individual 401 Water Quality Certification with Additional Conditions Hope Mills Dam & Lake Restoration USACE Action ID. No. SAW -2010-01336 Dear Mr. Ellis: Attached hereto is a copy of Certification No. 4066 issued to Mr. John W. Ellis and Town of Hope Mills, dated August 22, 2016. This Certification replaces the Certification issued on August 3, 2016. This reissuance is necessary to correct a typographical error of the minimum flow from 35 cfs to 38 cfs in condition number 4. 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 1508 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://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. State of North Carolina I Environmental Quality j Water Resources 1617 Mail Service Center j Raleigh. North Carolina 27699-1617 919 807 6300 Mailing address for the OAH: If sending via US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Town of Hope Mills DWR# 16-0216 Individual Certification #4066 Page 2 of 8 If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to Department of Environmental Quality: Sam M. Hayes, 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. Contact Chad Turlington at 910-433-3320 or chad.turlington@ricdenr.gov or Jennifer Burdette at 919-807-6364 or jennifer.burdette -ncdenr.gov if you have any questions or concerns. Sincerely, 'a' / Karen Higgins, Supervisor 401 & Buffer Permitting Branch cc: Gerald Pottern, MMI-RJGA Raleigh, 104 East Chestnut Avenue, Wake Forest, NC 27587 USACE Wilmington Regulatory Field Office Todd Bowers, EPA, Sam Nunn Federal Center, 61 Forsyth Street SW, Atlanta, GA 30303 DWR FRO 401 file DWR 401 & Buffer Permitting Branch file Filename: 160216HopeMillsDam&LakeRestoration(Cumberland)_401_IC_Corrected.docx Town of Hope Mills DWR# 16-0216 individual Certification #4066 Page 3 of 8 CERTIFICATION #4066 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 15A NCAC 02H .0500, to Mr. John W. Ellis and Town of Hope Mills, who have authorization for the impacts listed below, as described within your application received by the N.C. Division of Water Resources (Division) on March 2, 2016 and subsequent information on July 20, 2016, July 29, 2016 and August 1, 2016 and by Public Notice issued by the U. S. Army Corps of Engineers and received by the Division on April 7, 2016. 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: Impacts Approved The following impacts for the 104 -foot spillway elevation are hereby approved provided that all of the conditions of the Certification are met. No other impacts are approved, including incidental impacts. [15A NCAC 02B .0506(b) & (c)] Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Open Water 0.66 (acre) 0.23 (acre) 404/401 Wetlands Forested Wetlands (flooded) 10.39 (acre) 0 (acre) Marsh/Scrub (flooded) 0.09 (acre) 0 (acre) Marsh/Scrub (converted to open water) 9.02 (acre) 0 (acre) 404/401 Wetlands Totals 19.50 (acre) 0 (acre) Streams Little Rockfish Creek (flooded) 8,500 (linear feet) 0 (linear feet) Buckhead Creek (flooded) 1,100 (linear feet) 0 (linear feet) Minor tributaries (flooded) 1,800 (linear feet) 0 (linear feet) Stream Totals 11,400 (linear feet) 0 (linear feet) Town of Hope Mills DWR# 16-0216 Individual Certification #4066 Page 4 of 8 2. Compensatory Mitigation Mitigation must be provided for 9.02 acres of marsh/scrub wetland loss. You have our approval of your alternative mitigation plan indicating that the proposed project will restore hydrology to 28.8 acres of drained forested wetlands and 7.5 acres of drained marsh/scrub wetland and enhance 6.3 acres of forest wetland and 0.5 acre of marsh/scrub wetland documented in the letter from Mogensen Mitigation, Inc. dated June 27, 2016. [15A NCAC 02B .0506(h)] 3. Prior to refilling the lake, a monitoring plan for the restored forested wetlands must be submitted to the 401 & Buffer Permitting Branch for written approval to determine that wetland hydrology is restored, biological integrity of the herbaceous layer and understory is restored, and health and vigor of the cypress and gum trees are maintained. This plan should include 3 to 4 transects through the largest contiguous areas of these restored areas. 4. The Division approves your plan to provide a minimum flow of 38 cfs. Prior to refilling the lake, a minimum water release plan must be approved by the Division. The plan must include design specifications, details (i.e. low-level outlet gate's size and location relative to the bottom of the lake), calculations to show that the release shall be achieved in the given conditions and the method and frequency of monitoring the upstream staff gage and discharge. [15A NCAC 02B .0506(b)(3)] Prior to refilling the lake, a water quality monitoring plan for the impoundment discharge must be approved in writing by the Division. The plan shall include location(s), frequency of sampling, water quality parameters to be measured (e.g. temperature, DO), and method of measurement to ensure that the impoundment discharge meets the state's water quality standards. While the location and water quality parameters provided in the letter from Mogensen Mitigation, Inc. dated June 27, 2016 are acceptable, the sampling frequency and method of measurement may not be sufficient to detect water quality problems. [15A NCAC 02B .0506(b)(3)] 6. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the application for this project. 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 certification. [15A NCAC 02H .0501 and .0502] 7. Sediment and Erosion Control 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. If applicable, the project must comply with the specific conditions Town of Hope Mills DwR# 16-0216 Individual Certification #4066 Page 5 of 8 and requirements of the NPDES Construction Stormwater Permit issued to the site and the following requirements [15A NCAC 02H .0506(b)(3) and (c)(3)]: Design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal or exceed the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices 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. 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 1971. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. 8. 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 Division. 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-equilibrium of wetlands, 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 Energy, Mineral and Land Resources (DEMLR) or locally delegated program has released the specific area within the project. [15A NCAC 02H .0501 and .0502] 9. Construction Stormwater Permit NCG01 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 (NCG010000), inspection log sheets, and other information may be found at: http:/Zportal.ncdenr.org/web/wq/ws/su/npdessw#tab-w. [15A NCAC 02H .0506(b)(5) and (c)(5)] Town of Hope Mills DWR# 16-0216 Individual Certification #4066 Page 6 of S 10. 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. [15A NCAC 02H .0506(b)(3) and (c)(3)] 11. 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. [15A NCAC 02B .02001 12. 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 natural woody vegetation (except approved maintenance areas) and restored to prevent erosion. [15A NCAC 02H .0506(b)(2) and (c)(2)] 13. All 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 Manual so as not to restrict stream flow or cause dis-equilibrium. [15A NCAC 02H .0506(b)(2) and (c)(2)] 14. 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 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)(2)] 15. Any riprap used for stream stabilization shall be of a size and density to prevent movement by wave action, current action, or stream flows and 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 integrity of bank stabilization measures. [15A NCAC 02H .0506(b)(2)] 16. 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. [15A NCAC 02B .0231] Town of Hope Mills DWR# 16-0216 Individual Certification #4066 Page 7 of 8 17. This Certification does not relieve the applicant of the responsibility to obtain all other required Federal, State, or Local approvals. 18. Continuing Compliance Mr. John W. Ellis and Town of Hope Mills 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 Mr. John W. Ellis and Town of Hope Mills and the U.S. Army Corps of Engineers, provide public notice in accordance with 15A NCAC 02H .0503 and provide opportunity for public hearing in accordance with 15A NCAC 02H .0504. Any new or revised conditions shall be provided to Mr. John W. Ellis and Town of Hope Mills 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. 19. 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. 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. Any new owner must notify the Division and request the Certification be issued in their name. [15A NCAC 02H .0501 and .0502] 20. The applicant and/or authorized agent shall provide a completed Certificate of Completion Form to the DWR 401 & Buffer Permitting Branch within ten days of project completion (available at: http:Hportal.ncdenr.org/web/wq/swp/ws/401/certsandpermits/apply/forms). [15A NCAC 02H .0502(f)] 21. 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)] 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, Town of Hope Mills DWR# 16-0216 Individual Certification #4066 Page 8 of 8 regardless of the expiration date of this Certification. [15A NCAC 02H .0507(d)(2) and 15A NCAC 02H.0506] Non-compliance with or violation of the conditions herein set forth may result in revocation of this Certification and may also result in criminal and/or civil penalties. 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