HomeMy WebLinkAbout20161095 Ver 1_Approval Letter_20170227}i ROY COOPER
Gnverrror
MICHAEL S. REGAN
Semetmy
Water Resources S. JAY ZIMMERMAN
Euvironmenul Quality INrector
February 28, 2017
James & Betty Bristol
1748 Fairview Road
Andrews, NC 28901
Matthew Wood
5836 Airport Road
Andrews, NC 28901
DWR# 16-1095
Cherokee County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH
ADDITIONAL CONDITIONS
Matthew Wood Stream Repair & Stabilization Project
Dear Mr. Bristol and Mr. Wood:
You have our approval for the impacts listed below for the purpose described in your application
dated November 14, 2016, and received by the Division of Water Resources (Division) on
February 1, 2017, with additional information received on February 23, 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.
Ibis 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 me 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)]
&W of Noah CaoRua I Envlmnmental QMa, I Watev Resources
2090 U9. fth wy 70, Rwannanoq North Carolina 28778
828-2964500
Mattbew Wood Stream Repair & Stabilization Project
DWR# 16-1095
401 Approval
Page 2 of 4
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Stream Impact
Impact S 1
149 linear feet)
Impact S2
240 (linear feet)
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
Cer ification/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. [I 5A
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 22, 2017
(attached) to the maximum extent practicable. [I 5A 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
(0)(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
Matthew Wood Stream Repair & Stabilization Project
DWR# 16-1095
401Approval
-
Page 3 of 4
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
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. f 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 httn://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: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 GAIL
Ijsending via US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Ijsending 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
Matthew Wood Stream Repair & Stabilization Project
DWR# 16-1095
401 Approval
Page 4 of 4
This letter completes the review by the Division under section 401 of the Clean Water Act as
described in 15A NCAC 02H.0500. Please contact Kevin Mitchell at 828-296-4650 or
kevin.mitchell icnedem.gov if you have any questions or concerns.
Sincerely,
Zan ce, P.E., Assistant Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
Enclosures: GC 3885
Certificate of Completion
NCWRC letter dated February 22, 2017
cc: Lane Sauls — Ecological Engineering, LLP (via email)
David Brown— USACE Asheville Regulatory Field Office (via email)
Andrea Leslie — NCWRC (via email)
Stan Aiken — Division of Energy, Mineral, and Land Resources (via email)
DWR ARO 401 files
D WR 401 and Buffer Permitting Unit (via email)
G:\WR\WQ\Cherokee\401aWoa-DOTN4atthew WOodWPRVL.401 Matthew Wood Sm. Repair & Stabilization Project_
02,27,2017.doex
® North Carolina Wildlife Resources Commission
Gordon Myers, Executive Director
February 22, 2017
Mr. David Brown
U.S. Army Corps of Engineers, Regulatory Branch
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
SUBJECT: Matthew Wood Stream Repair and Stabilization Project
Brown Creek and Whittaker Branch, Cherokee County
Dear Mr. Brown:
Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed an
application to stabilize 149 ft of Brown Creek and 240 ft of Whittaker Branch 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 stabilize unstable reaches of Brown Creek and Whittaker Branch with
bank sloping, matting, riparian planting, and rock cross vanes. The project will be constructed in
the dry, with water pumped around the work area. A berm along 793 ft of the Valley River will
be reduced in height. We are supportive of this project, as it should stabilize eroding reaches of
stream.
This project should not affect trout and the activities do not need to be avoided during the trout
spawning moratorium. However, the project is just upstream of the Valley River, which is part of
the Valley River Aquatic Habitat, a natural area rated by the NC Natural Heritage Program as
High due to the richness of rare species it harbors. Near the site, these species include the
Sicklefin Redhorse (Moxostoma sp., NC Threatened), Smoky Dace [Clinostomus sp., US Federal
Species of Concern (FSC), NC Special Concern (SC)j, and Valley River Crayfish (Cambarus
brimleyorum, NC SR).
We are particularly concerned about potential sediment impacts to the Sicklefin Redhorse which
spawns in the Valley River 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 early
juvenile development.
Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: (919)707-0220 • Fax: (919)707-0028
Matthew Wood Stabilization Project Page 2 February 22, 2017
Whittaker Br & Brown Cr, Cherokee County
We offer the following recommendations to minimize impacts to the aquatic community:
I. 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 stream flows are low in
order to minimize sediment loss.
3. Any erosion control matting used be free of nylon or plastic mesh, as this netting frequently
entangles wildlife and is slow to degrade resulting in a hazard that may last for years.
4. According to the project designer, the planted buffer width will be at least 10 ft. 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. The planting specifications list Orchard Grass as a temporary seed. We recommend against
this non-native and invasive grass within the riparian area, and suggest an alternative such as
an annual grain.
6. We request that in -channel work be avoided from April I to June 30 in order to avoid
impacts to Sicklefin Redhorse spawning.
Thank you for the opportunity to review and comment on this project. Please contact me at
(828) 558-6011 if you have any questions about these comments or need further assistance.
Sincerely,
Andrea Leslie --
Mountain Region Coordinator, Habitat Conservation Program
ec: Lane Sands, Ecological Engineering
Kevin Mitchell, NC Division of Water Resources
Steve Fraley, NCWRC
Byron Hamstead, US Fish and Wildlife Service
Water Quality Certification No. 3885
GENERAL CERTIFICATION FOR STREAMRESTORATION, ENHANCEMENT AND
STABILIZATION PROJECTS AND WETLANDAND RIPARIAN RESTORATION AND
CREATION ACTIYI1IE9 INCLUDING.T OS EL tl18L •R U—`S MY CDR OF
ENGINEERSNATIONWIDE'PERMITN M ERS 13 (BANK STABILIZAYIONI AND
2T. WETLAND.AND RIPARIAN'. REST ATION AND CREATION
ANDREGIONALPERM)T 107800080 181,14KHEADS AND$IPRAPI
AND RIPARIAN AREA PROTECTION RULES (BUFFER RULES)
Water Quality Certification. Number 8885 is issued in conformity with the requirements of Section
401, Public Laws :92-500and 95-21.7 of the United States and subject to the North Carolina
Division of Water Quality Regulations in 15A NCAA 02H .0600 and 16A NCAC 02B 0200 for the
discharge of fill material to waters as described In 33 CFR 330 Appendix A (B) (13 and 27) and
Regional Permit 197800080 and for the Riparian Area Protection Rules (Buffer Rules) in 16A
NCAC 026.0200
The State of North Carolina certifies that the specified category of activity will not Violate
applicable portions of Sections 301, 302, 303,306 and 307 of the public Laws 92-500 and
95-217 It conducted in accordance with the conditions hereinafter set forth.
Activities meeting any one (1) of the following:. thresholds or circumstances require written
approval for a 401 Water Quality Certification from the Division of Water Quality (the
"DivlstoW)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 In -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 projects qualifying for Nationwide Permit 13 for erosion protection
which utilize non natural. armoring such as r prap,. gabion baskets, deflection walls etc of
greater than 150 feet In streambank length; or
d)ank Stabilize i66 projects q`u5hf9ing for'l,i tionwide Permit 13 for erosion protection
which utilize natural streambank sloping, vegetation and other natural channel protection
techniques of greater than 500 feet of streambank length; or
e) Any impact associated with Notice of Violation or an enforcement action for violation(s)
ofDWQWeiland Rules (15A NCAC 021-1,0500) Isolated Wetland Rules (15A NCAC 02H
.1300), DWQ Surface Water or Wetland Standards, or Riparian Buffer Rules If 6A NCAC
02B .0200);.. or
I) Any Impacts t6 streams and/or buffers in. the Neuse, Tar -Pamlico,. or Catawba River
Basins or In the Randleman, Jordan or Goose Creek Watersheds (or any other basin or
watershed with Riparian Area Protection Rules [Buffer Rules] In effect at the time of
application) unless the activities are listed as "EXEMPT° from these rules or a Buffer
Authorization Certificate is issued through N.C, Division of Coastal. Management (DCM)
delegation for ALLOWABLE" activities,
Inaccordance with North Carolina General Statute 143-215.3D(e), written approval for a401
Water Quality General Certification must Include the appropriate fee If a project also requires
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 these Conditions cannot be met, then..
written approval from the Division is required, -
Conditions of Certification!.
1 Activities shall meet the definitions design, and monitoring protocols specified within the US
Army Corps of Engineers Wilmington District Regulatory Guidance Letter (RGL02 02) and.
the Stream Mitigation Guidelines (April 2003) or any subsequent updates to these
documents..
2. No Impacts Beyond those Authorized In the. Written Approval or Beyond the Threshold of Use:
of this Certification
tll; solids or fill of any kind shall occur in wetlands, waters, or riparian areas
5tpfint of the Impacts depicted in the Pre-Constructian Notification, as
he written. approval from the Division or beyond: the thresholds established' far
dlfication without written authorization including incidental impacts. AII.
ctivities, Including the design installation, operation and maintenance of
erosion control Beat Management Practices shall be performed so that no
ate water quality standards statutes, or rules occur, Approved plans and
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 be in full compliance with all specifications
.governing the proper design, installation and operation and maintenance of such Beat
Management Practices and if applicable comply with the specific conditions and
requirements of the NPDES Construction Stormwater Permitissued to the site:
a, Design installation, operation, and maintenance of the: sediment and erosion control
shall be maintained on ali construction sites, borrow sites;and waste pile(spoil)projects,
including oontraetor-owned or leased borrow pits associated. with the project.
b. For borrow pit sites, the erosion and sediment control measures must he designed,
installed, operated. and maintained in accordance with the most recent version of the
Norm Carolina: Surface Mining Manual.
o. 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..
d. Sufficient materials required for stabilization and/or repair of erosion control measures
and stormwater routing and treatment shall be on site at all times.
e. 1f the project occurs In waters or watersheds classified as. Primary Nursery Areas.(PNAs),
SA WS -I, WS -11 High Quality (HOW) or Outstanding Resource (ORW) waters, then the
sedimentation and erosion control designs must comply with the requirements set forth
In 18A NCAC'04B .0124,. Design Standards in Sensitive Watersheds..
Water Quality Certification No, 3886
Water Quality Certification No, 3885
No Sediment and Erosion Control Measures In Wetlands or Waters.
Sediment and erosion control measures shall not be placed in wetlands or waters,
stream
control devices shall be removed and the
date that the Division of Land Resources
the specific area within the project,
5, Construction Stormwater Permit NCG010000
r is
not be
An NPDES Construction Stormwater Permit is required forcotlstruation 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
hftp�f/portalncdenroro/web/wa/ws/su/no4assv*tab-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 (NC8000250) stormwater permit.
6.. Construction Moratoriums and Coordination
If activities must occur duringperiods of high biological activity :(i a 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.
(DMF), or National Marine Fisheries Service (NMPS) to lessen Impacts on trout, anaaromc
her, larvallposplarval fishes: and crustaceans; or other aquatic species of concern shall be
Implemented. Exceptions to this condition require written approval by the resource agency
responsible for the given moratorium.
Work within the twenty-five (25) designated trout counties or identified state. or federal
endangered or threatened species habitat shall be coordinated with the appropriate WRC,
USFWS, NMFS,,andlor DMF personnel.
7.. Work in the Dry
All work in or adjacent to stream waters shall be conductedso 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: Manua( 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 0luelity Certification No. 3886
Water Quality Certification No, 3885
9. 'Riparian Area Protection (Buffer) Rules
Activities located in the protected riparian areas (whether jurisdictional wetlands or not),
?67 and.0605, and shall be located designed,: constructed, and maintained
disturbance to protect water quality to the maximum extent practicable
of best management practices. All buffer rule requiramenW Including diffuse
is, must be met.
9. If concrete is: used during. the construction; then all necessary measures shall be taken to
prevent direct contact between uncured or curing concrete and waters of the state. Water
that inadvertently contacts uncured concrete shall not be discharged to waters of the state
due to the potential for elevated pH and possible. aquatic Iife7.fish kills.
10 All temporary fill and culverts shall be removed and the impacted area returned to. natural
:conditions within 60 days of the determination that the temporary impact is no longer
.necessary, The impacted areas shall be restored to original grade including. each stream's
original cross sectional dimensions, plan form pattern and longitudinal bed and bedprofile,
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/riprap pads etc, shall be installed in all streams as outlinedin
the most recent edition of the North Carolina Sortiment 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 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 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 net to be able to
be carried off by wave, currentaction, or stream flows and consist of clean rock or masonry
material free of debris or toxic pollutants. Rip -rap shall not be installed in the streambed
except in specific areas required for velocity control and to ensure structural Integrity of bank
stabilization measures,
14. A one-time application of fertilizer to re-establish vegetation is allowed in disturbed: areas
including riparian buffers, but is restricted tono closer than 10feet from top of bankof
streams Any fertilizer application must comply with all other Federal,. State and Local
regulations.
16. Applications for riprep groins proposed in accordance with 15A NCAC 07H .1401 (NC
Division of Coastal Management General Permit for construction of Wooden and Riprap
Groins In Estuarine and Public Trust Waters) must meet all the specific conditions for design
and construction specified in 15A NCAC 07H .1.405.
Water quality Certification No. $665
Water Quality Certification No. 3885
16. Compensatory Mitigation
In accordance with 15A NCAC 02H .0506 (h), compensatory mitigation maybe 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 equalto or exceeding 150 linear feet per stream shall require mitigation.
Buffer mitigation maybe required for any project with Buffer Rules in effect atthe 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 on site. Alternatively, the Division willaccept payment into an in -lieu fee program or
mitigation bank. Inthese cases,: proof of payment shall be provided to the Division before
any impacts occur on site,
17. If an environmental document is required under the National or State Environmental Policy
Act (NEPA or SEPA) then this General Certification Is not valid until 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 DWQ 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 ina manner
consistent with State water guali(ystanpards(InCluding any Teri In resulting
State and Federal Law. If the Division determines that such standards or laws are not beq
met,. including failure to sustain: a designated or achieved use. or that State or Federal law i:.
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 useof 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=1850.
22. Additional site-specific conditions, including monitoring and/or modelingrequirements, may
be added to the written approval letter for projectsproposed under this Water Quality
Certification In order to ensure compliance with all applicable water quality and effluent
standards,
23. This certification grants permission to the director, an authorized representative of the
Director, or DENR staff upon the presentation of proper credentials to enter the property
during normal business hours..
Water Quality Certification No. 3885
Water Quality Certification No. 3885
This General Certification shall expire on the same day as the expiration date of the
corresponding. Nationwide and/or Regional General Permit The conditions in effect on the date
of Issuance of Certification fora 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 formal
application for Individual Certification for any project In this category of activity if it Is determined
that the project Is likely to have a significant adverse effect upon water quality, including state or
federally listed endangered or threatened aquatic species, or degradethe waters sothat existing
uses of the wetland or downstream waters are precluded.
Public hearings may be held for specific applications or group of applications prior to a
Certification decision if deemed in the publics best interest by the Director of the North Carolina
Division of Water Quality.
Effective date: March 19, 2012
DIVISION OF WATER. QUALITY
By
M, -M _ 461
Charles WakOd, P_E.
Director
History.Note: Water Qualify Certification (WQC) Number 3885 issued March 19, 2012 replaces
WQC Number 3689 Issued November 1, 2007, WQC Number 3626 issued March, 2007, WQC
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
the Director of the Division of Water Quality.
Water Quality Certification No. 3885
KC.
Water Resources
lat,,x aaaal Quality
WR Project No.:
Applicant:
Project Name: _
ROY COOPER
G"""'
MICHAEL S. REGAN
Srmere,
S. JAY ZIMMERMAN
Di"a"
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 retain this certificate to the 401 and
Buffer Permitting Unit, North Carolina Division of Water Resources, 1650 Mail Service Center, Raleigh,
NC, 27699-1650. This form may be returned to DWR by the applicant, the applicant's authorized agent, or
the project engineer. It is not necessary to send certificates from all of these.
Applicant's Certification
I, , hereby state that, to the best of my abilities, due care and
diligence was used in the observation of the construction such that the construction was observed to be built
within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the
approved 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 Pemdtee 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:
Date
Registration
State or North Calebra I nnvaratl eolal Quatlty I Water Rixoutees
2090 U.S. mgh,ray 70, Sww rtn r, NOM Camllna 29778
828496-0500