The applicant is required to provide a mixing tower release structure to achieve in- 

 stream compliance with Class III trout temperature (20 [degrees] C) and dissolved 

 oxygen (5.0 mg/liter) standards prior to the Piney Run/Church Creek confluence. 

 The design of this structure shall be appvved by the Maryland Department of the 

 Environment (MDE). 



The applicant is required to provide a watershed management plan to minimize 

 pollutant loadings into the reservoir. This plan shall be reviewed and approved by 

 MDE prior to operation of the new dam facility. In conjunction with tiUs plan's 

 development any sources of pollutant loading identified during field surveys shall be 

 eliminated or minimized to the extent possible given available techru>logy. 



The applicant is required to provide to MDE an operating and mainteruuKe plan for 

 the dam assuring mininutm downstream flows in accordance with the requirements 

 oftheDNR and assuring removal of acaamdated sediments with subsequertt 

 approved disposal of the materials removed. 



' . . * 



The applicant is to provide mitigation for the wetlands lost as a remit cfthe 

 construction of this project and its subsequent operation. Wetland recreation should 

 be located in the newfy created headwaters areas to: a) assure adequate filtration of 

 nmoff prior to its entry into the reservoir and b) replace the abiotic resource being 

 lost on an acre for acre basis. '■ '" 



See Appendix D for the full list of conditions placed on this certificatioh. While 

 fiew of these conditions are based directly on traditional water quality standards, all are 

 valid and relate to the maintenance of water quality or the designated use of the waters 

 in some way. Some of the conditions are clearly requirements of State or local law 

 related to water quality other than those promulgated pursiiant to the CWA sections 

 enumerated in Section 401(a)(1). Other conditions were designed to minimiTe the 

 project's adverse effects on water quality over the life of the project 



In addition, i^pendix D contains a list of conditions which West Virginia and 

 Alaska placed on the certification of some Section 404 nationwide permits. Maity of 

 the West Virginia conditions are typical of ones it uses on individual proposals as welL 

 For any particular project. West Virginia will include more specific conditions designed 

 to address the potential adverse effects of the project in addition to those enumerated 

 in Appendix D. The conditions from Alaska arc used on a nationwide permit (#26) 

 r^arding isolated waters and waters above headwaters. These conditions are discussed 

 in Section V. C(l). 



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