20160920 Ver 1_Approval Letter_20161026

PAT MCCRORY
NC
rereor
DONALD R. VAN DER VAART
re my
Water Resources
ENVIRONMENTAL QUALITY S. JAY ZIMMERMAN
Dlrerear
October 26,2016
DWR# 16-0920 -
Clay County
Mr. Larry Dean.Lee&Brandon Michael Lee
7295 Old Hwy 64
Brasstown,NC 28902 .
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH
ADDITIONAL CONDITIONS
Lee Farm
Dear Mr. Larry Dean Lee &Brandon Michael Lee:
You have our approval for the impacts listed below for the purpose described in your application
dated September 14, 2016,and received by the Division of Water Resources (Division)on
September 23,2016. 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 Number 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)]
Saze 2090U Carding ERWaonemei QualitylkIater Resources
2090 O.S.Huy.90 1 Swama450 North Carolina i8A8
8181964500

Lee Farm
DWR# I6-0920
401 Approval
Page 2 of 4
Type of Impact Amount Approved Amount Approved
(units) (units)
Permanent Temporary
Stream Impact
Impact Sl 1,227 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 applicant and/or authorized agent shall contact the Asheville Regional Office prior
to the commencement of construction to conduct a preconstmction meeting with the
North Carolina Wildlife Resources Commission,the United States Fish& Wildlife
Service,the construction contractor, and associated agencies to discuss ways to
minimize impacts to Eastern Hellbender habitat and Sicklefin Redhorse. [15A NCAC
021-1 .0507 (c), 15A NCAC 02H .0502 (e), 15A NCAC 02H .0506 (b)(2)]
4. The proposed project shall follow the recommendations stated in the North Carolina
Wildlife Resources Commission(NCWRC)comment letter dated October 17,2016
(attached)to the maximum extent practicable. [15A NCAC 02H .0506(b)(2)]
5. The designer or his designee shall supervise the installation of in-stream structures.
[15ANCAC 02H .0506(b)(2)]
6. Fueling, lubrication and general equipment maintenance should not take place within 50
feet of a waterbody or wetlands to prevent contamination by fuel and oils. [15A NCAC
02H .0506 (b)(3) and(c)(3)and 15A NCAC 02B .0211(12)]
7. 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 [phone].
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]

Lee Farm
DWR# 16-0920
401 Approval
Page 3 of 4
8. Natural fiber matting is recommended for streambank stabilization over plastic matting
that can entrap small animals. [15A NCAC 02H .0506(b)(2)]
9. 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)]
10. 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)]
11. The permitee 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 Certification. A copy of this
Certification, including all conditions shall be available at the project site during the
construction and maintenance of this project. [15A NCAC 02H .0507 (c)and 15A
NCAC 0211 .0506(b)(2) and(c)(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 http://www.ncoAcom/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:OOam and 5:OOpm, 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: Ifsending 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

Lee Farm
DWR# 16-0920
401 Approval
Page 4 of 4
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
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.foxgncdem.aov if you have any questions or concerns.
Sincerely,
an Price,P.E.,Assistant Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
Enclosures: GC 3885
Certificate of Completion
NCWRC letter dated October 17, 2016
cc: Kathleen McKeithan—Michael Baker Engineering, Inc. (via email)
David Brown—USACE Asheville Regulatory Field Office(via email)
Andrea Leslie—NCWRC (via email)
Byron Hamstead,USFWS (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\WR\WQ\Clay\40ls\Non-D0T\Lee FarraWRVL401 Lee Faaal024-2016.docx

® North Carolina Wildlife Resources Commission
Gordon Myers, Executive Director
October 17,2016
Mr. David Brown
U.S.Army Corps of Engineers,Regulatory Branch
151 Patton Avenue,Room 208
Asheville,North Carolina 28801-5006
SUBJECT: Lee Farm
Brasstown Creek, Clay County
Dear Mr, Brown:
Biologists with the North Carolina Wildlife Resources Commission(NCWRC)reviewed an
application to stabilize 1,227 feet of Brasstown Creek in Clay 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).
The project proposes to restore an eroding reach of Brasstown Creek with bank grading, matting,
riparian planting, and two vanes. The vanes will be constructed in the wet. We are supportive of
this project,as it should stabilize an eroding reach of stream.
This project should not affect trout and the activities do not need to be avoided during the trout
spawning moratorium. However, Brasstown Creek is part of the Upper Hiwassee River Aquatic
Habitat, a NC Natural Heritage Program natural area rated Very High for the richness of rare
aquatic species it contains. Species in the immediate vicinity of the project include Sicklefin
Redhorse (Moxostoma sp.,US Candidate,NC Threatened)and Eastern Hellbender
[Cryptobranchus alleganiensis, US Federal Species of Concern(FSC).
We me particularly concerned about potential sediment impacts to rare and listed species in
Brasstown Creek. Sicklefin Redhorse spawn in Brasstown Creek in the late spring; we
recommend that project activities be avoided between April 1 and June 30 in order to avoid
sediment impacts to spawning and egg and earlyjuvenile development. There is a breeding
population of Eastern Hellbenders in Brasstown Creek,and direct disturbance to shelter rocks
should be avoided.
Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh,NC 27699-1721
Telephone: [phone] • Fax: [phone]

Lee Fawn Page 2 October 17,2016
Brasstown Creek,Clay County
We offer the following recommendations to minimize impacts to the aquatic community:
1. In-channel work should be accomplished as quickly as possible and vigilance used in
sediment and erosion control during site preparation, construction, and clean up. Disturbed
areas should be seeded, mulched and/or matted as soon as possible,preferably at the end of
each work day.
2. In-stream activities and bank grading should be constructed when streamflows are low in
order to minimize sediment loss.
3. Any erosion control matting used be free of nylon mesh;nylon mesh netting frequently
entangles wildlife and is slow to degrade resulting in a hazard that may last for years.
4. Planted woody buffer width ranges in width in project plans. We recommend that a woody
buffer of at least 30 feet be planted on both sides of the stream 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.
5. We request that shelter rocks potentially used by Hellbenders be left in place during
construction activities. Shelter rocks are typically large flat rocks at least a foot in diameter.
6. We request that in-channel work be avoided from April 1 to June 30 in order to avoid
impacts to Sicklefin Redhorse spawning.
7. We request that a pre-construction meeting be held on-site with the contractor, designer,and
agency partners.
Thank you for the opportunity to review and comment on this project. Please contact me at
[phone] if you have any questions about these comments or need further assistance.
Sincerely,
Andrea Leslie
Mountain Region Coordinator,Habitat Conservation Program
cc: Katie McKeithan, Michael Baker
Tim Fox,NC Division of Water Resources
Steve Fraley and Lori Williams,NCWRC
Byron Hamstead,US Fish and Wildlife Service

Water Quality Certification No. 3885 j
GENERAL CERTIFICATION FOR STREAM RESTORATION.ENHANCEMENT AND
STABILIZATION PROJECTS AND WETLAND AND RIPARIAN RESTORATION AND
CREATION ACTIVITIES INCLUDING JH,0SE ELIGIBLE FOR U.S ARMY CORPS OF
ENGINEERS NATIONWIDEPERMIT NUMBE,42$131BANK S ASILIZATION)AND
271WETLAND AND RIPARIAN RESTORATION ANo CREATION)..
AND REGIONAL PERMIT 197800060 MLI KNEAD8 AND RIPRAP)
AND.RIPARIAN AREA PROTECTION RULESiBUFFER RULES)
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Water Quality Certification Number 3886 is issued in conformity with the requirements of Section
401,Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina j
Division of Water Quality Regulations in 15A NCAC.02H .0500 and 15A NCAC 02B .0200 for the I
discharge of fill material to watersas 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 02B4O200.
The State of North Carolina certifies that the specified category of activity will not v10late i
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 sot forth. -
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Activities meeting any one(1)of the following thresholdsor circumstances require written
approval 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
streambanks, 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 channel techniques, and do notexceed a total of threestructures within 100 feet
or less of streambank;or
b) Any stream relocation; or i
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 ,
dj'eahk"3tab1izetton projects qualifying'for Nationwide Permit 13 for erosion prdteotlon ;
which utilize natural streambank sloping, vegetation, and other natural channel protection i
techniques of greater than 500 feet of streembank length;or i
a) Any impact associated with a Notice of Violation or an enforcement action for violatiene)
of DWQ Wetland Rules(f 5A NCAC 02H .0500), Isolated Wetland Rules(15A NCAC 02H.
.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 j
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 Qf Coastal Management(DCM)
delegation for"ALLOWABLE"aetivities.
In accordance with North Carolina General Statute 143-2153D(e),written approval for a:401
Water Quality General.Certification must include the appropriate fee. If aproject 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 1 -

f .
Water (duality Certification No, 3885
Activities included.in this General Certification that do not most oneofthe 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 meta then
written approval from the Division fit required
Conditions of Certification: j
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, l -
2 No Impacts Beyond those Authorized in the Written Approval or Beyond the Threshold of Use. i
of this Certification
No waste,spoil,solids, of fill of any kind shalloccur in wetlands,waters, or riparian areas t
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 i
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 i
violations of state water quality standards,statutes or rules pccur, Approved plans and
specifications for this project are incorporated by reference and are enforceable parts of this
permit.
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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 I
requirements of the NPDES Construction Stormwater Permit Issued to the site:
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a. Design,installation, operation,and maintenance of the sediment and erosion control _
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tmeasures must be such that theequal or exceed the requirements specified In the most
recent version 4of ins lUcrEh Carolina Sediment and trosloh Co m5l Mana'aL-The devicesr
shall bemaintained on all construction sites,.borrow sites;and waste pile(spoil) projects,
including contractor-owned or leased borrow pita 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 implementationmust comply with the reclamation In
accordance with the requirements of the Sedimentation Pollution Control Act and the
Mining Act of 1971. 3
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d. Sufficient materials:required for stabilization and/or repair of erosion control measures '
and stormwater routing and treatment shall be onsite at all times.
e. If the protect occurs in watersor watersheds classified as:Primary Nursery:Areas(PNAs), �-
SA,WS 1,WS-II High Quality(HOW).or Outstanding Resource(QRW)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 2
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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
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 4r
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 removedand 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 NCa010000 '
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, recordkeeping
and reporting requirements is required A copy of the general permit(NCG010000),
inspection log sheets, and other information may be found at
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hftp://portal.ncdenr.om/webtwa/ws/svinpdessw#tab .
The North Carolina Department of Transportation (NCDOT)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.
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8.. Construction Moratoriums and Coordination
If activities must occur during periods of high biological activity(i.e. 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. ?
AIL morotoriume or!cons$petlon sellvihes established by the NO Wildlife Resources _
Commission (WRC), US Fish and Wildlife Service(USFWS) NC Division of Marine Fisheries
(DMF) or National Marine Fisheries Service(NMFS)to lessen Impacts on trout,anadromous
fish, larval/post-larval 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, E
USFWS,NMFS,.and/or DMF personnel. 'I
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 NO Sediment and Erosion Control Manual, or the NO DOT
Construction and Maintenance Activities Manual,such as sandbags rock berms cofferdams, .and other'diversion structures shall be used to minimae excavation In flowing water. 4`
Exceptions to this condition require application submittal to and written approval by the
Division.
Water Quality Certification No. 3885 3

Water Quality Certification No. 3885
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8, Riparian Area Protection (Buffer)Rules
Activities located in the protected riparian areas(whether jurisdictional wetlands or not); i
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. All buffer rule requirements,.including diffuse
flow requirements, must be met.
9. If concrete is usedduring.the construction, then:all necessary measures shall be taken to
_ prevent direct contact between uncured or curing concrete and waters of the state. Water t
that inadvertently contacts uncured concrete shall not be discharged to waters of the state
due to the potentia(for elevated pH and possible aquatic life[fish kills,
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10. Alltemporary fill and culverts shall be removed and theimpacted 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 for the t
approved maintenance areas)and restored to prevent erosion.
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91. All temporary pipes/culverts/riprap pads etc,shall be installed in all streams as:outlined in I
the most recent edition of the North Carolina Sediment and Erosion Control Planning and
Design Manual or the North Carolina surface Mining Manual s0 as not to restrict stream flow
or cause dis-equilibrium during use of this General Certification. % --
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12. 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 and/or'keyed in"such that the original stream
elevation and streambank contours are restored and maintained. Placementof rip-rap or
other approvedmaterials shall not result in de-stabilization of the stream bed or banks P
upstream 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 1
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 requiredfor velocity control and to ensure structural integrity of bank j
stabilization measures.
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14. A one-time.application of fertilizer to re-establish vegetation Is allowed in disturbed areas
including riparian buffers, but isrestrictedto no closer than 10feet 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. INC
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 construction specified In 15A.NCAC 07H .1405. ,--
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Water quality Certification No. 3885 4 j

Water Quality Certification No. 3885
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16. Compensatory Mitigation i
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In accordance.with 15A NCAC 02H.0506(h), compensatory mitigation may be required for L.
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 l
projects, Impacts equal to or exceeding.150 linear feetperstream shall require mitigation.
Buffer mitigation may be required forany project with Buffer Rules in effect atthe time of !
application for activities classified as Allowable with.Mitigation'or"Prohibited"within the
Table of Uses. -
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A.determination of buffer,wetland,and stream mitigation requirements shall be made for any r..
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 besubmitted to the Division for written approval as required in those
protocols. The mitigation plan must be Implemented and/or constructed before any impacts.
occur on site. Alternatively, the Division will.accept payment Into an in-lieu fee program or a
mitigation bank. Inthese cases, proof of payment shall.be provided to the Division before
any impacts occur on site.
17. If an environmental document isrequired under the National or State Environmental Policy I
Act(NEPA or SEPA) then this General Certification Is not valid unlit a Finding of No
Significant Impact(FONSI)or Record of Decision (ROD) is issued by the State r
Clearinghouse.
18. In the twenty(20)coastal counties the appropriate DWQ Regional Office must be contacted
to determine if Coastal Stormwater Regulations.will be required. i
19, This General Certification does not relieve the applicant of the responsibility to obtain all other
required Federal, State, or Local approvals.
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20. The applicant/permittee and their authorized agents shall conduct all activities In a manner t
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. If the Division determines that such standards or laws are not being 4
met,.including 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, than the i
Division may reevaluate and modify this General Water Quality Certification,
21. When written authorization Is required for use of this certification,uponcompletion of all
permitted impacts Included within the approval and any subsequent modifications,the j
applicant shallbe:required to return the certificate of completion attached to the approval.
One copy of the certificate shall be sent to the DWQ Central Office in Raleigh at 1650 Mail
Service Center„Raleigh, NC,27699-1660.
22. Additional site-specific conditions, including.monitoring and/or modeling requirements, may
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 5

Water Quality Certification No; 3885
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This General Certification shall expire on the same day as the expiration date of the
corresponding.Nationwide and/or Regional Generale 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 forthbya specific project may result j
in revocation of this General 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 i.
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.
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Public hearings may beheld for,specific applications or group of applications prior to a -
Certification decision if deemed in.the publics best interest by the Director of the North Carolina 1
Division of Water Quality.
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Effective date: March 19,2012
DIVISION OF WATER.QUALITY
By
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Charles Wakild, P.E.
Director
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History Note: Water Quality Certification(WQC)Number 3885 issued March 19, 2012 replaces i
WQC Number 3689 issued November 1, 2007; WQC Number 3626 issued March, 2007;WQC t
Number.3495 issued December 31,..2004, and WQC Number 3399 issued March 2003. This.
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 j
the Director of the Division of Water Quality.
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Water Quality Certification No. 3885 6.

PAT MCCRORY
!H Gov—
DONALD R. VAN DER VAART
seaua,
Water Resources S. JAY ZIMMERMAN
ENVIRONMENTAL QUALITY
D—M,
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 CerNfcatlon
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 plans and specifications,and other supporting materials.
Signature: Date:
Agent'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 plans and specifications,and other supporting materials.
Signature: Date:
If this project was designed by a Certified Professional
I, as a duly registered Professional (i.e.,
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: Registration No.
Date
Sett ofNoA Carolma I IVAi molal Quality I Warne ReA—s
1611 Mail service Center I Raleigh,Nosh Carolina 27699 1611
9197079000