HomeMy WebLinkAbout20131200 Ver 6_Approval Letter_20181116ROY COOPER
N4101,4AEL S, REG AN N0141 H CAROLINA
Environmental Quality
UNDA CULPEPPER
fnren'o Dircnor
ZEMMIMMKOW-1-
Tryon Equestrian Partners, LLC
Attn: Mr. Jeff Brown
2569 Sandy Plains Road
Tryon, NC 28782
DWR # 13-1200 v6
Polk County
Subject- Approval of individual 401 Water Quality Certification with Additional Conditions
Tryon International Equestrian Center
USACE Action ID. No. SAW -2013-02262
Dear Mr, Brown:
Attached hereto is a copy of Certification No. 4047 issued to Mr. Jeff Brown and Tryon Equestrian
Partners, LLC, dated November 16, 2018. This Certification replaces the Certification issued on
September 1, 2017. This modification was requested by the applicant for additional stream
impacts associated with bank stabilization along White Oak Creek and water withdrawal
structure on White Oak Creek as well as modifications to the approved Stormwater Management
Plan (SMP), Please note that you should get any other federal, state or local permits before
proceeding with the subject project, including those required by (but not limited to) Sediment
and' Erosion Control, Non -Discharge, and Water Supply Watershed regulations.
This approval and its conditions are final and binding unless contested, This Certification can be
contested as provided in 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.ncoah.com/ or by callingthe OAH
Clerk's Office at (919) 431-3000 for information. A petition is considered filed when the original
and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal
office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state
holidays).
RE
N�Uma F-', ronnici 'I Ca; l Oop. it, U i,®ri�' of
2090 US fthv av, NC" "'E.
Tryon Equestrian Partners, LILC
DWR# 13-1200 v6
Individual Certification #4047
November 16, 2018
Page 2 of 11
The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of
the petition along with any applicable OAH filing fee is received by the OAH within five (5)
business days following the faxed transmission.
Mailing address for the OAH:
If sending via US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
if sending via delivery service (UPS, FedEx, etc):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to Department of Environmental Quality:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
Unless such a petition is filed, this Certification shall be final and binding.
This certification completes the review of the Division under section 401 of the Clean Water Act
and 15A NCAC 02H .0500. Contact Andrew Moore at 828-296-4684 or
andrew.moore@ncdenr.gov if you have any questions or concerns.
Sincerely,
Karen Higgins, Supervisor
401 & Buffer Permitting Branch
cc: Clement Riddle, ClearWater Environmental Consultants, Inc.
USACE Asheville Regulatory Field Office
Todd Bowers, EPA (via bowers.todd@epa.gov)
DWR ARO 401 file
DWR 401 & Buffer Permitting Branch file
Filename: 131200v6Tryonlnternationa]EquestrianCenter(Polk)_401_IC—Mod.docx
Tryon Equestrian Partners, LLC
uVVR#13-12OOv6
Individual Certification #4O47
November D6,20I8
CERTIFICATION #4047 is issued in conformity with the requirements of Section 401, Public Laws
92-50Jand 9S-2170fthe United States and subject toNorth Carolina's Regulations inl54NCA[
02H .0500, to Mr. Jeff Brown and Tryon Equestrian Partners, LL[, who have authorization for the
impacts listed below, as described within your application received by the N.C. Division of Water
Resources ([�ivision) on February 20, 2017, and subsequent information on April 3, 2017, June 13,
Z817,July I8,2Ql7,July 2O,2O17,August 4,2O17,August I8,,20I7,August 28,20I7,and August
31,2O17; by Public Notice issued by the U. S. Army Corps of Engineers on February 21, 2017 and
received by the Division on February 22, 2017'; and a modification request received by the
Division BmMay 18,2Ql@`and subsequent information onJuly 23,20l8,August 3,2818,October,
10,2OI8,and October 18,2OI8.
The State Of North Carolina certifies that this activity will not violate the applicable portions of
Sections 3Ol,3D3,3O3,3O6,3O7Ofthe Public Laws 92-50]and PL95-217ifconducted in
accordance with the application, the supporting documentation, and conditions hereinafter set
forth.
This approval requires you to follow the conditions listed inthe certification below.
1. Impacts Approved
The following impacts are hereby approved provided that all ofthe other conditions ofthe
Certification are met. Impacts imthis permit shall becumulative with 405 linear feet of
permanent stream impact completed under General Certification #389Qissued for Tryon
International Equestrian Center 0nFebruary 17,2O14(248linear feet) and General
Certification #3402 for the White Oak Plantation project that B Nationwide Permit 39 was
issued onJune 1Z,2OO6(1I5linear feet) and written approval from the Division was not
required. No other impacts are approved, including incidental impacts. [15A NCAC 02H
Type of Impact
Amount Approved (units)
Permanent
Amount Approved
(units)
Temporary
404/401 Riparian Wetlands
Harmon Dairy' —Phase 1
0.003 (acre)
0 (acre)
Perennial Stream Impacts
El
393 (1 inea r feet)
0 (linear feet)
Tqxzm Equestrian Partners, LL[
DVVR#13-120OvG
|ndiv|dua|Certification #4047
November 1G'2O18
Page 4 of 11
Type of Impact
Amount Approved (units)
Permanent
Amount Approved
(units)
Temporary
E3
1,608 (linear feet)
0 (linear feet)
E4
803 (linear feet)
0 (linear feet)
E5
1,072 (linear feet)
0 (linear feet)
RC3/UC3
0 (linear feet)
30 (linear feet)
RC4/UC4
0 (linear feet)
30 (linear feet)
RC5/UC5
0 (linear feet)
30 (linear feet)
Water Intake
15 (linear feet)
40 (linear feet)
White Oak Creek Bank
Stabilization
80 (linear feet)
0 (linear feet)
UT White Oak Creek Bank
Stabilization at 60"
Bypass Outfall
20 (linear feet)
0 (linear feet)
Mitigatable Perennial
Stream Totals
3,876 (linear feet)
0 (linear feet)
Non-Mitigatable Perennial
Stream Totals
115 (linear feet)
160 (linear feet)
Intermittent Stream - E2
53 (linear feet)
0 (linear feet)
Stream Restoration
Harmon Dairy' — Phase 1
900 (linear feet) 0 (acre)
Harmon Dairy' — Phase 2
1,775 (linear feet) 0 (linear feet)
Stream Enhancement
Harmon Dairy' — Phase 1 152 (linear feet) 0 (linear feet)
Harmon Dairy' — Phase 2 3,325 (linear feet) 0 (linear feet)
1
-site impact
related to the Harmon Dairy Stream Mitigation Project Site
l Compensatory Mitigation
Mitigation must be provided for the proposed perennial stream impacts for the Tryon
International Equestrian Center (3,875 linear feet) as well as unmitigated perennial stream
impacts (115 linear feet) completed under the previous General Certification of White Oak
Plantation for a total of 3,991 linear feet, Mitigation for 290 linear feet of perennial stream
impact was also required for the General Certification issued onFebruary l7,20l4. A
receipt from the Division 8f Mitigation Services (DMS)indicates that 58Olinear feet ufwarm
water stream credits have been purchased for the equestrian center part of the project.
Applying the unused portion of the previously purchased stream mitigation credits (290),
Tryon Equestrian Partners, LLC
DVVK#13-l2U0v6
individual Certification #4047
November l6,2Q18
Page Sm(11
mitigation must be provided as specified in the table below. [15A NCAC 02H .0506 (c)(6)]:
You have our approval for your proposed final stream
enhancement/restoration/preservation plan for Phase I and ZOfthe Harmon Dairy Stream
Mitigation Project Site to provide 3,452 stream mitigation units (SK8U)frOmn enhancement,
Z,0Z3SMUsfrom restoration, and 981 from preservation. The stream restoration and
enhancement must heconstructed, maintained, and monitored according tothe plans
approved bythe Division and this Certification. Any repairs nradjustments tQthe site must
be made according to the approved plans or must receive written approval from the
Division tumake the repairs oradjustments. This mitigation plan iyonly approved for
credits towards the impacts approved in this Certification. |I5A N[AC 02H .0506/hU
Monitoring shall beconducted inaccordance with the approved mitigation plan dated
August 3,2O17received b«the Division omAugust 2I,2O17. |fmonitoring indicates that all
orportions Ofthe project arefailingtonoeetnmenrnmnreofther$qW|red success criteria,
the monitoring report must provide aremedial action plan to address the deficiency. Ata
minimum, the remedial action plan must describe the failure, the source or reason for the
faUure,a concise description of the corrective measures that are proposed, and a timeframe
for the implementation 0fthe corrective nmeasmre5. [l5/\NCACO2H.Q506(h)and 15ANCA[
At the end of the required monitoring period, the permittee shall notify the Division in
writing. If it is determined that the project is failing by the Division or the U.S. Army Corps
0fEngineers, theperrnitteeSha1|be given the opportunity t0express their intenSionsin
writing regarding the future mfthe project. [15ANCACQ2H.850d(h)and 15/\NCACO2H
Amonitoring report must beprovided tothe Division bvMarch 315tVfeach monitoring
year for the previous monitoring and will berequired for the entire monitoring period. The
reports shall be sent to the 401 & Buffer Permitting Branch, I617 Mail Service Center
Raleigh, N[27G99-1G17and the Asheville Regional Office, 2O9O[].S.Highway 7[i
Compensatory
River & Sub -basin
Mitigation Required
Number
Tryon Perennial Stream
3,701 (linear feet)
Broad
03050105
You have our approval for your proposed final stream
enhancement/restoration/preservation plan for Phase I and ZOfthe Harmon Dairy Stream
Mitigation Project Site to provide 3,452 stream mitigation units (SK8U)frOmn enhancement,
Z,0Z3SMUsfrom restoration, and 981 from preservation. The stream restoration and
enhancement must heconstructed, maintained, and monitored according tothe plans
approved bythe Division and this Certification. Any repairs nradjustments tQthe site must
be made according to the approved plans or must receive written approval from the
Division tumake the repairs oradjustments. This mitigation plan iyonly approved for
credits towards the impacts approved in this Certification. |I5A N[AC 02H .0506/hU
Monitoring shall beconducted inaccordance with the approved mitigation plan dated
August 3,2O17received b«the Division omAugust 2I,2O17. |fmonitoring indicates that all
orportions Ofthe project arefailingtonoeetnmenrnmnreofther$qW|red success criteria,
the monitoring report must provide aremedial action plan to address the deficiency. Ata
minimum, the remedial action plan must describe the failure, the source or reason for the
faUure,a concise description of the corrective measures that are proposed, and a timeframe
for the implementation 0fthe corrective nmeasmre5. [l5/\NCACO2H.Q506(h)and 15ANCA[
At the end of the required monitoring period, the permittee shall notify the Division in
writing. If it is determined that the project is failing by the Division or the U.S. Army Corps
0fEngineers, theperrnitteeSha1|be given the opportunity t0express their intenSionsin
writing regarding the future mfthe project. [15ANCACQ2H.850d(h)and 15/\NCACO2H
Amonitoring report must beprovided tothe Division bvMarch 315tVfeach monitoring
year for the previous monitoring and will berequired for the entire monitoring period. The
reports shall be sent to the 401 & Buffer Permitting Branch, I617 Mail Service Center
Raleigh, N[27G99-1G17and the Asheville Regional Office, 2O9O[].S.Highway 7[i
Tryon Equestrian Partners, LLC
Qm/R#13-12OOv6
individual Certification #4847
November 16,ZQ18
Page 6 of 11
3. Stormwater Management Plan
The Division approves the modifications to the SMP in the Covered Arenia area consisting of
three underground detention systems (Covered Arena Areas E,{,and E) and one dry
detention pond (Covered Arena Area A), and all associated stormwater conveyances, inlet
and outlet structures, and grading and drainage patters depicted onplan sheets dated June
l,ZO18,revised July 2,2O10,with subsequent information received July 23,2D18.
The remaining portions ofthe previously approved SMP consist offour underground
detention systems (Village West, North Pond, Middle Pond, South Pand),one set of
underground detention pipes (Stablehouse South), one wet detention pond (Salamander
5nuth\,and two dry detention ponds (5tab|ehVuseNorth and Salamander North),and all
associated Storrnvvaterconveyances, inlet and outlet structures, and grading and drainage
patterns depicted on plan sheets dated August 18, 2017 with subsequent information
received bythe Division onAugust 28,Z017,and August 31,2Ul7,which are incorporated
by reference and are enforceable by the Division. The following conditions also, apply [25A
m
The maximum allowable drainage area for the each ufthe approved sturmvvater
detention measures and the maximum allowable built -upon area within that
drainage area are provided inthe table below. Any changes t0these maximum
areas shall require the applicant to submit and receive approval fora revised
Stormwater
Management Device
Name
Stormwater Management Device
Type
Maximum
Allowable
Drainage
Areas (acres)
Maximum
Allowable
Built -Upon
Area (acres)
Covered Arena A
Dry detention pond
13.60
12.79
Covered Arena B
ADS Stormtech Pipe System
12.86
10.23
Covered Arena C
ADS Stormtech Pipe System
7.74
6.96
Covered Arena D1
1 1.58
1.58
Covered Arena D2
1.82
1.82
Covered Arena E
ADS Stormtech Pipe System
8.14
4.01
Village West
ADS Stormtech Pipe System
16.27
4.77
North Pon d
(village East)
ADS Stormtech Pipe System
5.34
4.09
Middle Pond
(Village East)
ADS Stormtech Pipe System
4.18
2.08
South Pond
(Village East)
ADS Stormtech P,ipe System
5.31
6.81
Stablehouse South
Detention Pipes
2.07
0.94
Salamander South
Wet detention pond
7.17
2.98
Tryon Equestrian Partners, LLC
Dm/R#1]-12O0v6
Individual Certification #4047
November 16'Z818
Page 7of11
Stablehouse North Dry detention pond 5.36 3.88
�
The approved SMP shall beconstructed and operational before any permanent
building or other structure is occupied at the site. [15A NCAC 02H .0506(b)(5)]
The SMP may not be modified without prior written authorization from the Division.
The Division understands from correspondence received July 23, 2018, that changes
to the SMP inthe StablehousmInn and The Village areas are forthcoming. Plans and
calculations related tothese changes shall beprovided to the Division and approved
prior tothe occupancy ofany buildings within these areas. [15AN[A[02H
4. Report Noncompliance
The perm ittee shall report tothe AShevil le RegionalOff ice any nonoonmpl|amcewith this
certification, any violation ofstream orwetland standards [I5AN[A[028.OZO0lincluding
but not limited to sediment impacts, and any violation of state regulated riparian buffer
rules Jl5/\NCA[O28.02OUl. Information shall beprovided orally within 24hours (or the
next business day if a weekend or holiday) from the time the applicant became aware of the
circumstances. Awritten submission shall also beprovided within 5business days ofthe
time the applicant becomes aware ofthe circumstances. The written submission shall
contain description of the noncompliance, and its causes; the period of noncompliance,
including exact dates and times, ifthe noncompliance has not been corrected, the
anticipated time compliance iSexpected tocontinue; and steps taken Orplanned toreduce,
eliminate, and prevent reoccurrence 0fthe noncompliance. The Division may waive the
written submission requirement on aCase-by-Case basis.
S. No waste, spoil, solids, or fill ofainy kind shall occur in wetlands, waters, or riparian areas
beyond the footprint ofthe impacts depicted inthe application for this project. All
construction activities, including the design, installation, operation, and maintenance of
sediment and erosion control Best Management Practices shall beperformed sothat no
violations of state water quality standards, statutes, or rules occur. Approved plans and
specifications for this project are incorporated byreference and are enforceable parts of
this certification. [15ANCACO2H.05OIand .U5O2]
6. Sediment and Erosion Control
Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance ofsuch Best
Management Practices. |fapplicable, the project nmwstCOnmp|yvviththespechficcunditiony
and requirements of the NPDES Construction Stormwater Permit issued to the site and the
Tryon Equestrian Partners, LLC
DVVR#13-12O0v6
individual Certification #4Q47
November 26,2Ol8
Page 8 of 11
a. Design, installation, operation, and maintenance ofthe sediment and erosion
control measures must be such that they equal or exceed the requirements specified
in the most recent version of the North Carolina Sediment and Erosion Control
&9onuo/. The devices shall be maintained on all construction sites, borrow sites, and
waste pile (spoil) projects, including contractor -owned or leased borrow pits
associated with the project.
For borrow pit sites, the erosion and sediment control measures must bedesigned,
installed, operated, and maintained in accordance with the most recent version of
the North 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.
7. 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. |fplacement 0fsediment and erosion control devices inwetlands and waters i5
unavoidable, then design and placement of temporary erosion control measures shall not
be conducted in a manner that may result in dis-equilibrium of wetlands, stream beds, or
banks, adjacent tomrupstream and downstream ofthe above structures. All sediment and
erosion control devices shall beremoved and the natural grade restored within two (Z)
months ofthe date that the Division ofEnergy, Mineral and Land Resources (DEMLR)Dr
locally delegated program has released the specific area within the project. [15ANCA[02H
.O50land .O502]
8. Construction Stormwater Permit NCGO10000
An NPDES Construction Stormwater Permit (NCGQ10000�) is required for construction
projects that disturb one /1\ or more acres of land. The NCG0I0000i Permit allows
storrnvvatertg be discharged during land disturbing construction activities as stipulated in
the conditions ofthe permit. |fthe project iscovered bythis permit, full compliance with
permit conditions including the erosion & sedimentation control plan' inspections and
maintenance, sg|f-nnnnitoring,record keeping and reporting requirements is required. [15A
9. Work in the Dry
All work in or adjacent to stream waters shall be conducted so that the flowing stream does
not come incontact with the disturbed area. Approved best management practices from the
most current version ofthe NC Sediment and Erosion Control Manual, orthe NCDOT
Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams,
Tryon Equestrian Partners, LLC
DWR# 13-1200 v6
Individual Certification #4047
November 16, 2018
Page 9 of 11
and other diversion structures shall be used to minimize excavation in flowing water. [15A
NCAC 02H .0506(b)(3) and (c)(3))
10. If concrete is used during the construction, then all necessary measures shall be taken to
prevent direct contact between uncured or curing concrete and waters of the state. Water
that inadvertently contacts uncured concrete shall not be discharged to waters of the state
due to the potential for elevated pH and possible aquatic life/fish kills. [15A NCAC 02B .0200]
11. Placement of Culverts and Other Structures in Waters and Wetlands 115,A NCAC 02H
.0506(bh2)-and (c)(2)1
Culverts required for this project shall be installed in such a manner that the original stream
profiles are not altered and to allow for aquatic life movement during low flows. Existing
stream dimensions (including the cross section dimensions, pattern and longitudinal profile)
must be maintained above and below locations of each culvert.
Placement of culverts and other structures in waters, streams must be below the elevation of
the streambed by one (1) foot for all culverts with a diameter greater than 48 inches, and 20
percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow
low flow passage of water and aquatic life.
Installation of culverts in wetlands must ensure continuity of water movement and be
designed to adequately accommodate high water or flood conditions. Additionally, when
roadways, causeways, or other fill projects are constructed across FEMA -designated
floodways or wetlands, openings such as culverts or bridges, must be provided to maintain the
natural hydrology of the system as well as prevent constriction of the floodway that may
result in destabilization of streams or wetlands.
The establishment of native, woody vegetation and other soft stream bank stabilization
techniques must be used where practicable instead of rip rap or other bank hardening
methods.
12. All temporary fill and culverts shall be removed and the impacted area returned to natural
conditions, within 60 days of the determination that the temporary impact is no longer
necessary. The impacted areas shall be restored to original grade, including each stream's
original cross sectional dimensions, plan form pattern, and longitudinal bed and bed profile,
and the various sites shall be stabilized with natural woody vegetation (except approved
maintenance areas) and restored to prevent erosion. [15A NCAC 02H .0506(b)(2) and (c)(2)]
13. All temporary pipes/culverts/riprap pads etc, shall be installed in all streams as outlined in the
most recent edition of the North Carolina Sediment and Erosion Control Planning and Design
Manual so as not to restrict stream flow or cause dis-equilibrium. [15A NCAC 02H .0506(b)(2)
and (c)(2)]
Tryon Equestrian Partners, LLC
DVVR413-1200v6
Individual Certification #4047
November 16,2018
Page 10 of 11
14. Amvhpnap required for proper culvert placement, stream stabilization, orrestoration of
temporarily disturbed areas shall be restricted to the area directly impacted by the approved
construction activity. All riprapshall be buried and/or "keyed in" such that the original
stream elevation and streambank contours are restored and maintained. Placement ufriprap
or other approved materials shall not result in de -stabilization of the stream bed or banks
upstream ordownstream gfthe area. |I5ANCA[03H.0506(b)(2\l
15. Any hpnapused for stream stabilization shall beofasize and density toprevent movement 6«
wave action, current action, or stream flows and consist of clean rock or masonry material
free of debris or toxic pollutants. Riprap shall not be installed in the strearmbed except in
specific areas required for velocity control and to ensure integrity ofbank stabilization
measures. [15A NCAC 02H .0506(b)(2)]
16. Aone-timeapp|hcahonnffertiNzertore-establishvegetotion isallowed indisturbed areas
including riparian buffers, but |srestricted tonocloser than 1Ofeet from top ofbank nf
streams. Any fertilizer application must comply with all other Federal, State and Local
regulations. [15ANC4CO2B.0231]
17. Deed notifications or similar mechanisms shall be placed on aill lots with retained
jurisdictional wetlands, waters, and state regulated riparian buffers within the project
boundaries inorder to assure compliance with NCWetland Rules (I5ANCACO2H.O5O0),NC
Isolated Wetland Rules (15A NCAC 02H .1300), and/or State Regulated Riparian Buffer Rules
/15ANCA[82B.0200\. These mechanisms shall beput inplace atthe time ofrecording Ofthe
property orindividual parcels, whichever isappropriate. [I5ANCA[02H.015,81 and 0502]
18.This Certification does not relieve the applicant ofthe responsibility tOobtain all other
required Federal, State, or Local approvals.
19. Continuing Compliance
Mr. Jeff Brown and Tryon Equestrian Partners, LLC shall conduct construction activities in a
manner consistent with State water quality standards (including any requirements resulting
from compliance with section 303(d) of the Clean Water Act) and any other appropriate
requirements ofState and Federal law. /15ANCACO20.QZD8l|fthe Division determines that
such standards or laws are not being met (including the failure to sustain a designated or
achieved use) orthat State orfederal law isbeing violated, orthat further conditions are
necessary to assure compliance, the Division may reevaluate and modify this Certification.
Before modifying the Certification, the Division shall notify Mr. Jeff Brown and Tryon
Equestrian Partners, LLC and the U.S. Army Corps of Engineers, provide public notice in
accordance with 15AN[A[OZH.O5O3 and provide opportunity for public hearing in
accordance with 15AINICACOZH.Q5O4. Any new nrrevised conditions shall beprovided to
Tryon Equestrian Partners, LLC
0WR#13-12QOvG
Individual Certification #4847
November 162U28
Page 11 of 11
Mr. jeff Brown and Tryon Equestrian Partners, LLC in writing, shall be provided to the U.S.
Army Corps ofEngineers for reference inany Permit issued pursuant to Section 4O40fthe
Clean Water Act, and shall also become conditions ofthe 4O4Permit for the project.
20. This approval bfor the purpose and design described imyour application and aodescribed in
the Public Notice. The plans and specifications for this project are incorporated by reference
and are anenforceable part Qfthe Certification. |fyou change your project, yournustnotifv
the Division and you may be required to submit a new application package with the
appropriate fee. |fthe property issold, the new owner must begiven acopy ofthis
Certification and is responsible for complying with all conditions. Any new owner must notify
the Division and request the Certification be issued in their name. [15/\ NCA[O2H .0501 and
.05021
21. Upon completion of all permitted impacts included within the approval and any subsequent
modifications, the applicant shall be required to return a certificate of completion (available
0nthe DVVRwebsite ). [I5/\NCAC
Z2.This certification grants permission tothe director, anauthorized representative ofthe
Director, or DEQ staff, upon the presentation of proper credentials, to enter the property
during normal business hours. [15A NCAC 02H .0502(e)]
This approval to proceed with your proposed impacts or to conduct impacts to waters as
depicted in your application shall expire upon expiration of the 404 or CAMA Permit. The
conditions in effect 0nthe date 0fissuance shall remain in effect for the life ofthe project,
regardless Dfthe expiration date ofthis Certification. [I5AN[AC 02H.O5O7/d\(2)and 15ANCAC
Non-compliance with or violation of the conditions herein set forth may result in revocation of
this Certification and may also result in criminal and/or civil penalties.
This the 16 mday 0fNovember 2018
&WJ
Karen Higgins!, Supervisor
KAHlowm
EME