HomeMy WebLinkAbout20160294 Ver 3_Approval Letter_20170215Oft Mwu�
KID
Water Resources
environmcutal Quality
February 15, 2017
Givens Highland Farms, LLC
Attn: Jim Boyer
200 Tabernacle Road
Black Mountain, NC 28711
Subject: APPROVAL OF 401 WATER QUALITY
ADDITIONAL CONDITIONS
Meadowmont Homes Expansion — Phase 3
Dear Mr. Boyer:
ROY COOPER
Gore,.,
MICHAEL S. REGAN
Secretm"
S. JAY ZIMMERMAN
Director
DWR 9 16-0294-V3
Buncombe County
WITH
You have our approval for the impacts listed below for the purpose described in your application
dated December 6, 2016, and received by the Division of Water Resources (Division) on January
19, 2017, with additional information received on February 3, 2017. 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 27 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)]
Type of Impact
Amount Approved
Amount Approved
(units)
(units)
Permanent
Temporary
Stream Impact
Impact Sl
300 (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 -
Surto of North Carolina I Environmental Quality I Wafer Resources
2090 U.S. Highway 70, Swnnnnnoa, Nonh Carolina 28778
828-296-4500
Meadowmont Homes Expansion —Phase 3
DWR# 16-0294-V3
401 Approval
Page 2 of 4
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 proposed project shall follow the recommendations stated in the North Carolina
Wildlife Resources Commission (NCWRC) comment letter dated February 13, 2017
(attached) to the maximum extent practicable. [15A NCAC 02H .0506(b)(2)]
4. The designer or his designee shall supervise the installation of in -stream structures.
[15A NCAC 02H .0506(b)(2)]
5. 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)]
6. 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]
7. Natural fiber matting is recommended for streambank stabilization over plastic matting
that can entrap small animals. [15A NCAC 02H .0506(b)(2)]
8. 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)]
9. 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)]
10. 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
Meadowmont Homes Expansion — Phase 3
DWR# 16-0294-V3
401 Approval
Page 3 of 4
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 02H.0506 (b)(2) and (c)(2)]
This approval and its conditions are final and binding unless contested. [G. S. 143-215.51
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 httn://www.ncoah.com/ or by calling the
OAR 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:OOam and S: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:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Ifsending 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 DENR:
William F. Lane, 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 Kevin Mitchell at 828-296-4650 or
kevin.mitchell&edem.gov if you have any questions or concerns.
Meadowmont Homes Expansion—Phase 3
DWRN 16-0294-V3
401 Approval
Page 4 of 4
Sincerely,
Zanan P" dce, P.E., Assistant Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
Enclosures: GC 3885
Certificate of Completion
NCWRC letter dated February 13, 2017
cc: Mike Dale — Anchor QEA of North Carolina, PLLC (via email)
William Elliott — USACE Asheville Regulatory Field Office (via email)
Andrea Leslie —NCWRC (via email)
Stan Aiken — Division of Energy, Mineral, and Land Resources (via email)
D WR ARO 401 files
DWR 401 and Buffer Permitting Unit (via email)
0'.\WR\WQ\Huncombe\401s\Non-OOT\Meadowmont Homes Expansion Phase II\Phwe 3WPRVL.401 Meadowmont Homes
Expansion Phase 3 02.15 201T.docx
® North Carolina Wildlife Resources Commission
Gordon Myers, Executive Director
February 13, 2017
Mr. William Elliott
U.S. Army Corps of Engineers, Regulatory Branch
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
SUBJECT: Meadowmont Homes Expansion —Phase 3
UT to Swannanoa River, Buncombe County
Dear Mr. Elliott:
Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed an
application to remove an impoundment and restore 300 feet of stream on an unnamed tributary
(UT) to the Swannanoa River in Buncombe 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).
Project activities should not impact wild trout, and activities do not need to be avoided during the
trout moratorium. The Eastern Hellbender (Cryptobranchus alleganiensis, US Federal Species
of Concern, NC Special Concern) is found in the Swannanoa River downstream of the project.
This species is extremely sensitive to excessive sediment, and it is important to maintain
excellent sediment and erosion control on this project.
Incoming flows to the pond will be routed around the pond and the pond dewatered with a pump.
Sediments will be allowed to dry out for at least 10 days before the upstream and downstream
earthen dams removed. A channel will be constructed in the pond bed featuring 3:1 slopes,
geolifts on the right bank, and livestakes. A vegetated buffer of unknown width will be
established with native woody and herbaceous vegetation.
We support the removal of the impoundment and the establishment of a channel within the old
pond bed. However, we are concerned about the stability of the channel within the pond bed
sediments, and we encourage the applicant to use grade control measures such as vanes and sills
to maintain grade if needed. In addition, the old pond bed sediments outside the channel must be
quickly stabilized with temporary seed and straw.
Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: (919)707-0220 • Fax: (919)707-0028
Meadowmont Homes —Phase 3
UT Swannanoa R, Buncombe County
February 13, 2017
We offer the following recommendations to minimize impacts to the aquatic and terrestrial
resources:
1. Special care should taken to ensure that the new constructed channel is stable over the short
and long-term; instream grade control structures may be needed.
2. Work be accomplished as quickly as possible and vigilance used in sediment and erosion
control during site preparation, construction, and clean up. Disturbed areas and pond
sediments should be seeded, mulched and/or matted as soon as possible.
3. Any erosion control matting used 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.
4.. 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.
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: Mike Dale, Altamont Environmental
Zan Price and Kevin Mitchell, NC Division of Water Resources
Water Quality Certification No. 3885
GENERAL CERTIFICATION' -ORT E M 8 STORATION ENHANCENTAND
STABILIZATION PROJECTS AND WETLAND AND RIPARIAN RESTORATION AND
CREATION ACTIVITIES INCLUDING THOSE ELIGIBLE FOR (18. ARMY CORPS OF
ENGINEERS NATIONWIDEpERMIf NIiMBERS13 (@ANK STABILIZATION( AND
27 (WETLAND AND.RIPARIAN RESTORATION AND CREATION(
AND REGIONAL PERMIT 187800000 (BULKHEADS AND RIPRAPI
AND. RIPARIAN AREA PROTECTION RULES (BUFFER RULES)
Water Quality Certification Number 3886 is issued in conformity With the requirements of Section
401, Public Laws 92-500 and 95-21.7 of the United States and subject to the North Carolina
Division of Water quality Regulations: in 15A NCAC. 02H 0500 and 15A NCAC 028 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
NOAC 02B.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 82-500 and
95.217 If conducted In accordance with the conditions hereinafter set forth.
.Activities meeting anyone (1) of the following: thresholdsor circumstances require written
approval for a 401 Water Quality Certification from the Division of Water Quality (the
"Division°)c
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 rn stream structures
for the sole purpose of streambank stabilization, which are designed, based on current
natural channel techniques, and do not exceed a total of three structures within 100 feet
or less of streambank; or
b) Any stream relocation; or
c) Bank Stabilization protectsqualifying for Nationwide Permit 13 for erosion protection
which utilize non natural armoring such as nprap, gabion'.baskets, deflection walls etc of
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 enforcement action for violation(s)
of DWQ Wetland Rules .(15A NCAC 02H.0500), Isolated Wetland Rules (15A NCAC 02H.
.1300),. DWQ Surface Water or Weiland Standards. or Riparian Buffer Rules It SA NCAC
02B ,0200);: or
f) Any Impacts to streams andlor 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 (DGM)
delegation for"ALLOWABLE" activities.
Inaccordance with North Carolina General Statute 143-215.31)(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 moot 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 those Conditions cannot be met, then..
written approval from the Division Is required.
Conditions of Cedifidatiow
f. Activities shalt 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 Approval or Beyond the Threshold of Use
of this Certification
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 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
3. Standard Erosion and Sediment Control Practices
Erosion and sediment control practices must bein 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
onstruction sites, borrow sites, and waste
or leased borrow pits associated. with the
b. For borrow pit sites, theerosion and sediment control measures must be designed,
installed operated, and maintained In accordance with the most recent version of the
North Carolina Surface Mining Manuel.
Q. .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..
d, Sufficient materials required for stabilization and/or repair of erosion controlmeasures
and stormwater routing and treatment shall be on at all times.
e. If the project occurs In waters or watersheds classified as Primary Nursery Areas (PNAs),
SA WS I, WS -II, High Quality (HQW),. or outstanding Resource (QRW) waters, then the
sedimentation and erosion control. designs must comply with the requirements set forth
in 15A NCAC 046 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
and
conducted in a manner that may result In
adjacent to or upstream and downstream
control devices shall be removed and the
date that the Division of Land Resources
the specific area within the project.
5. Construction Stormwater Permit NQG010000
not be placed in wetlands or waters,.
i submittal to and written approval by the
in control devices in wetlands and waters Is
mporary erosion control measures shall not be
:qullibrlum of wetlands stream beds or banks,
is above structures,. All sediment and erosion
irai grade restored within two (2) months of the
2) or locally delegated program has released
An NPDES Construction Stormwater Permit is required for construction projects that disturb
one (1) or more acres of land. This Permit allows stormwatero 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 withpermit conditions including the erosion &
sedimentation control plan., Inspections and maintenance self-monitoring, record.. keeping
andreporting requirements is required. A copy of the general: permit (NCG0�10000),
inspection log. sheets and other information may be found at
httoi 6Wortal.ncdenr.org/web/walws/su/npdessw#jab•w.
The North Carolina Department of Transportation (NCDOT) shall berequired to be in full
compliance with the conditions related to construction activities within the most recent version
of their individual NPDES (NCS000250) stormwater permit.
5.. Construction Moratoriums and Coordination
If activities must occur during periods of highbiological 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.
or National Marine Fisheries Service
val/post-larval fishes: and Crustacean'.
ented. Exceptions to this condition 7e
>ible for the given moratorium.
on trout, anadfomous
of concern shall be
is resource agency
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 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 approvalby the
Division.
Water Quality Certification No. 3886
Water Quality Certification No. 3885
B, 'Riparian Area'. Protection lBuffer) 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,.
9243, 0250, 0297 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 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 concreteshall not be discharged to waters of the state
dueto the potential for elevated pH and possible aquatic Ilfel fish kills.
10. Alltemporary fill and culverts shall be removed and the impacted area returned to natural
conditions within 90 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 pian form pattern, and longitudinal bed and bed profile,
and the various sites shall be stabilized with natural woody vegetation (except for the
approved maintenance areas) and restored to prevent erosion.
11..All temporary pipes/ culverts/.riptap pads etc, shell be installed in all streams as outlined: in
the most recent edition of the North Carolina Sediment and Erosion Control Planning and
Design Manual or the North Carolina Surface Mining Manual so as not to restrict stream flow
or cause dis-equilibrium during use of this General Certification:
12. Any riprap required for proper culvert placement, stream stabilization, or restorationof
temporarilydisturbed areasshall 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 maintalned. Placement of rip -rap'' -or
other approved materials shall not result in de -stabilization of the stream bed or banks
upstream or downstream of the area
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 requiredfor velocity control and to ensure structural integrity of bank
stabilization measures.
14. A one-time application of fertilizer to re-establish vegetation Isallowed 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.
16. 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.
Water Quality Certification No. 3885
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.
Buffer mitigation may berequired 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 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 onsite. Alternatively, the Division willaccept 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 anenvironmental 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 DWO. Regional Office must be contacted
to determine if Coastal Stormwater Regulations will be required.
19, 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 shall conduct all activities in a manner
consistent with S3(d) tate water quality staIrrndards (including any requirements resulting from
compliance with §30of the Clean Water Aetj and any other appropriate. requirements of
State and Federal Law If the Division determines that such standards or laws are not being
met, Includingfailure to sustain designated or achieved use, or thatState 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.
One copy of the certificate shall be sent to the DWQ Central Office. in Raleigh at 1650 Mail
Service Center, Raleigh, NC, 27699-1650.
22, Additional site-specific conditions, including. monitoring endlor 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
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 General Certification for the project and may 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 asignificant adverse effect upon water quality, including state or
federally listed endangered or threatened aquatic species, or degrade the waters sothat existing
usesof 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 bestinterest 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 3669 issued November 1, 2007, WQC Number 3626 issued March, 2007, WQC
Number 3495 Issued December 31, 2004; and WQC Number 3399 issued March 2001 This
General Certification is rescinded when the Corps of Engineers reauthorizes any of the
corresponding Nationwide and/or Reg Iona I General Permits and/or when deemed appropriate by
the Director of the Division of Water Quality.
Water Quality Certification No. 3885 6.
K"Up
Water Resources
Euviromnenlal QuAN
WR Project No.:
Applicant:
Project Name:
ROY COOPER
Gnvonm.
MICHAEL S. REGAN
.5'eorermm
S. SAY ZIMMERMAN
Dlrenor
County:
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 retained to DWR by the applicant, the applicant's authorized agent, or
the project engineer. Itis not necessary to send certificates from all of these.
Applicant's Certification
L , hereby state that, to the best of my abilities, due care and
diligence was used in the observation of the construction such that [he 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 cue 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.
''Nothing Compares".,—
Sia¢ ufNON, Cal Olin I nnvlmmvenlal Qualiry I W.Ir Rasvurces
,2090 U.S.1h b,vey 70 Swuamaoo. Norlh Carolina 29779
828-2964500