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HomeMy WebLinkAboutCommentsDIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD APPLICANT: Philip and Jamie Lanzi COUNTY: New Hanover PROJECT NAME: 6600 Carmel Trail LOCATION OF PROJECT: 6600 Carmel Trail, adj. to Howe Creek, Wilmington DATE APPLICATION RECEIVED COMPLETE BY FIELD: 1-13-23 FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: N/A FIELD REPRESENTATIVE: MacPherson DISTRICT OFFICE: WILMINGTON DISTRICT MANAGER REVIEW: B) DATE RECEIVED BY MAJOR PERMITS UNIT: APPLICATION ASSIGNED TO: Lack PUBLIC NOTICE REC'D: 1-24-23 ADJ. RIP. PROP NOTICES REC'D: C) 75 DAY DEADLINE: 3-22-23 HOLDS: MAIL OUT DATE: 1-20-23 PERMIT FINAL ACTION: ISSUE DENY FEE REC'D: S400 (60/40)#8996 END OF NOTICE DATE: 2-14-23 DEED REC'D: Yes 150 DAY DEADLINE: STATE DUE DATE: 2-14-23 AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES DCM - Field Rep ��► X �p J414 GVLIt_ -i� DCM — LUP Consistency Determination Local Permit Officer Corps of Engineers - Regulatory Branch DWR-401 Section 2yZ) ' DWR— Public Water Supply Ij24 �( rp Cov1 DEMLR — Stormwaler DEMLR- Sed and Erosion DOA - State Property Office % (10 Cor"\-rrt,%�-- Wildlife Resources Commission DMF - Shellfish Section DMF - Habitat & Enhancement 2 y.o fo w� vv zv\ DNCR -Archives& History DNCR - Natural Heritage Program3§'9(° NCDOT NC Dept of Commerce 2 D X J Ko r e+h�e� DCM Coordinator: Cameron Luck County: N�- Permit #: 1a1 " 9N 1 WIRO E-MAIL DISTRIBUTION SHEET Circle e: Bio Rep / Permit for: �� 1 t p )Lxm 6 �AVI'Lt �I -�n Oversize Plans sent: I � o��1 • 1 04 DCM Offices: Morehead City: PT (if oversize) via Courier 'cc Cam & Amanda on group email w/ bio.narr.app.drawings, deed, comment sheet 'MHC documents (Cam & Amanda) Wilmington: Original hard -copy ONLY USACE & DWR (wiro): Recommendations, PN, Letter w/Site Card, Fee Chart and Agent Authorization USACE Wilmington: t der & Carteret Cc): PN, CL, Reports, Split Sheet _ use bothEqKeg minglonNCREG@usace.army.mil (NH/BR): PN, CL, Reports, Split Sheet _ Currey (NH/BR: PN, CL, Reports, Split Sheet Div of Water Resources: olley Snider -401 (BR/NH): PN, CL, Reports, Split Sheet y nr er - 401 (PN/ON — Surf City): PN, CL, Reports, Split Sheet _ Div of Water Resources: ✓Sheri Montalvo for Karen Higgins: PN, CL, Reports, Split Sheet Marine Fisheries: "Kim Harding DCM PlannerlWiRO: v.,Vike Christenbury Cultural Resources: Natural Heritage Prog. ✓Renee Gledhill -Earley Environmental.Review(a)ncdenr.gov_ ivkodney Butler DCA-Rural Eco. Dev: Lee Pad rick _ (IgadrickiccDcommerce.nc.gov) NC DOT: Wildlife Resources: ,,11avid Harris _ %AMaria Dunn w/Reports /T1m State Property Office: Walton: DEED ✓f�Aike Moser % anda Hilliard, Real Property Agent (Bio Reports only) Shellfish Sanitation: �remy Humphrey (Bio) /.Shanna"ankins-(Rt) A�ndrew Haines _ DEMLR: 5 ristine Hall - Stcrmwater Section Public Water Supply: v an Sams - Land Quality Section 'Heidi Cox City of Wilmington:V/14athryn Enforcement: Thurston �_ VP�c,f�111 eld Rep: v "` a_ & I v l( " �" ' Co. LPO I Agent: J?rD DISTRIBUTED: l U Updated 1212022 CAMA/Shaun majors docs/e'Agency List Recommendations for State Permit— Philip and Jamie Lanz! 1119123 It appears that the project is consistent with the use standards set forth in NCAC 07H .0209(d), including the impervious surface rule and the buffer rule. If the project is determined to be consistent with NCAC 07H .0209(d), it is recommended that any permit issued should include standard conditions for development and wetland impacts in ORW Coastal Shorelines. This office supports the recommendations of the resource agencies, particularly the NC Division of Water Resources and the U.S. Army Corps of Engineers, regarding potential impacts to water quality and §404 wetland impacts. Should concerns be expressed over potential impacts from any of the resource agencies, the project could then be found to be inconsistent with NCAC 07H .0209(d)(9), which says "Within the AECs for shorelines contiguous to waters classified as Outstanding Resource Waters by the EMC, no CAMA permit shall be approved for any project which would be inconsistent with applicable use standards adopted by the CRC, EMC, or MFC for estuarine waters, public trust areas, or coastal wetlands. For development activities not covered by specific use standards, no permit shall be issued if the activity would, based on site -specific information, degrade the water quality or outstanding resource values." JAN 2 3 nz.,3 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director January 20, 2023 MEMORANDUM NORTH CAROLINA Environmental Quality FROM: Cameron Luck, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) cameron.luck(o)NCDENR.pov SUBJECT: CAMA/D&F Applicant: Philip and Jamie Lanz! Project Location: 6600 Carmel Trail, adj. to Howe Creek, Wilmington in New Hanover County Proposed Project: The applicant proposes a Major Modification to State Permit No. 121-21 to extend a stormwater discharge pipe and riprap outfall apron w/ additional 404 wetland fill and to construct a wooden walkway. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Cameron Luck at the address above by February 14, 2023. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7266 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" X This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Kimberlee Harding AGENCY NCDMF SIGNATURE RECEIVED APR 0 3 2021 MP SECTION DCM MHD CITY DATE 04/3/23 North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910.796.7215 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2021-01018 County: New Hanover County U.S.G.S. Quad: Scoffs Hill GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Philip & Jamie Lanzi Address: 3210 Gralyn Terrace Wilmington, NC 28411 Size (acres) Nearest Waterway Howe Creek Nearest Town Wilmington River Basin Onslow Bay USGS HUC 03020302 Coordinates Latitude: 34.257581; Longitude:-77.801639 Location description: The residential home construction site is located in wetlands abutting or adjacent to Howe Creek at 6600 Carmel Trail, Wilmington, New Hanover County, North Carolina. Description of projects area and activity: The proposal is a modification to the previously issued permit to extend an existing stormwater pipe approximately 90 feet south toward Howell Creek into non -tidal wetlands plus adding permanent fill impacts to the wetlands from the deck and the pool construction resulting in the fill of 968 square feet of non -tidal wetlands. This authorization will also cover 2,377 square feet of impacts to non -tidal wetlands previously authorized under Nationwide Permit 29 for this proiect, fill impacts from construction of the single family residence. Therefore total wetland fill impacts will be 3,345 square feet or 0.077 acre. Please note, a Coastal Area Management Act (CAMA) permit authorization must be obtained from the North Carolina Division of Coastal Management (DCM) prior to commencing any work on this project. Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344); ❑ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Nationwide Permit Number: 18 Special Condition: All conditions of Individual 401 Water Quality Certification, DWR # 2021078v2, dated March 16, 2023, are made special conditions of this permit authorization. SEE ATTACHED NWP GENERAL AND REGIONAL CONDITIONS Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted application and attached information and drawings dated December 6, 2022. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class I administrative penalty, and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide and/or regional general permit authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide and/or regional general permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide and/or regional general permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide and/or regional general permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide and/or regional general permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case - by -case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Resources (telephone 919- 807-6300) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management in Wilmington, NC, at (910) 796-7215. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Gregory Currey at (910) 523-1161 or Gregory.E.Currey(cDusace.army.mil. CURREY.GREG Dlgltally signed by CURREY.GREGORY.EUGE ORY.EUGENE. NE.1051011950 Date: 2023.04.06 Corps Regulatory Official: 1051011950 160928-04'00' Date: April 6, 2023 Expiration Date of Verification: March 14, 2026 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete our Customer Satisfaction Survey, located online at https:Hre u¢ latoa.ops.usace.army.mil/customer-service-survey/ Copies furnished by email: Greg Finch (Davey Resource Group) Tara MacPherson (NC DCM) Cameron Luck (NC DCM) Amanda Cannon (NC DCM) Holley Snider (NC DWR) Action ID Number: SAW-2021-01018 County: New Hanover County Permittee: Philip & Jamie Lanzi Project Name: 6600 Carmel Trail / Wilmington / New Hanover Date Verification Issued: April 6, 2023 Project Manager: Gregory Currey Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Attn: Gregory Currey Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. Failure to comply with any terms or conditions of this authorization may result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I administrative penalty, or initiating other appropriate legal action. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and condition of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date Luck, Cameron A From: Dunn, Maria T. Sent: Thursday, March 23, 2023 1:35 PM To: Luck, Cameron A; Harding, Kimberlee k Cc: Snider, Holley Subject: RE: CAMA Major Application: Philip and Jamie Lanzi / Major Modification #121-21 Follow Up Flag: Follow up Flag Status: Flagged Hello Cam, NCWRC has reviewed the modification request and has concerns with wetland and creek impacts from pipe extension. One of the primary functions of wetlands is to filter nutrients and sediments from runoff. The extension of the pipe and riprap apron install to the edge of the 75' AEC not only disturbs and permanently fills wetlands but removes 90' of treatment opportunity for runoff before it goes into the SA-ORW waters of Howe Creek. These riparian wetlands are very important for SA-ORW water quality and habitat functions and should be minimally disturbed. The application for Permit #121-21 originally requested a similar extension proposal. It was removed by the applicant due to concerns from adjacent property owners. The NCWRC provided a "no comment" reply after the removal of the pipe. However, if the pipe would have remained, 2021 concerns would have been similar as to now. Therefore, the NCWRC requests the following: • The applicant did not provide a stated purpose and need for the wetland fill. Avoidance and minimization of impacts to wetlands was demonstrated previously and should be continued. Any purpose and need should demonstrate how the purpose and need are greater than the impacts that will be imposed on the wetlands. This includes direct fill of wetlands as well as reduced filtration of runoff to Howe Creek. If there are concerns of headcutting, a riprap apron may be installed within uplands at the terminus of the existing pipe. • Removal of the pipe installation would remove temporary impacts from construction, including sediment compaction and ground disturbance. • The modification proposal should be circulated to all parties who expressed concerns during the 2021 application review for "George Adams Family Trust". This may include adjacent property owners and the HOA. Thank you for the opportunity to provide comment on this modification. Please do not hesitate to call or email if there is anything additional. Maria Maria T. Dunn Coastal Coordinator NC Wildlife Resources Commission 943 Washington Sq. Mall Washington, NC 27889 252-495-5554 www.ncwildlife.org ROY COOPER Governor ELIZABETH S. BISER Secretory BRAXTON DAVIS Director January 20, 2023 NORTH CAROLINA Environmental Quality MEMORANDUM.' RECEIVED FROM: Cameron Luck, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management JAN 3 400 Commerce Avenue, Morehead City, NC 26557 0 Fax: 252-247-3330 (Courier 11-12-09) cameron.luckG()NCDENR.gov MP SECTION DCM MHD CITY SUBJECT: CAMA/D&F Applicant: Philip and Jamie Lanz! Project Location: 6600 Carmel Trail, adj. to Howe Creek, Wilmington in New Hanover County Proposed Project: The applicant proposes a Major Modification to State Permit No. 121-21 to extend a stormwater discharge pipe and riprap outfall apron w/ additional 404 wetland fill and to construct a wooden walkway. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Cameron Luck at the address above by February 14, 2023. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7266 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached`* X This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Shannon Jenkins AGENCY NC DMF - Shellfish Sanitation/Recreational Water Quality SIGNATUREk f4,a.t wfor Shannon Jenkins DATE 01/30/23 North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910.796.7215 January 20, 2023 MEMORANDUM FROM: Cameron Luck, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11.12-09) cameron luck NCDENR.gov SUBJECT: CAMA/D&F Applicant: Philip and Jamie LVfi Project Location: 6600 Carmel Trail, adj. to Howe Creek, Wilmington in New Hanover County Proposed Project: The applicant proposes a Major Modification to State Permit No. 121-21 to extend a stormwater discharge pipe and riprap outfall apron wl additional 404 wetland fill and to construct a wooden walkway. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Cameron Luck at the address above by February 14, 2023. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7266 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" X This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Lee Padrick AGENCY NC Commerce SIGNATURE B DATE 1-20-23 RECEIVED JAN 2 02023 MP SECTION DCM MHD CITY ROY COOPER Governor ELIZABETH S. BISER Secretory BRAXTON DAVIS Director January 20, 2023 MEMORANDUM NORTH CAROLINA Environmental Quality FROM: Cameron Luck, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) Cameron. luck(o)NCDENR.gov SUBJECT: CAMA/D&F Applicant: Philip and Jamie Lanzi Project Location: 6600 Carmel Trail, adj. to Howe Creek, Wilmington in New Hanover County Proposed Project: The applicant proposes a Major Modification to State Permit No. 121-21 to extend a stormwater discharge pipe and riprap outfall apron w/ additional 404 wetland fill and to construct a wooden walkway. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Cameron Luck at the address above by February 14, 2023. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7266 when appropriate, in-depth comments with supporting data is requested. I:I4rjws PRINT NAM AGENCY SIGNATURE x This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. RECEIVED Mark Brown Public Water Su / q,,.k .JAN 2 4 2023 MP SECTION DCM MHD CITY DATE 1 /24/23 North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 o�owTAn a uT�.,�u� aww� 910.796.7215 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director January 20, 2023 MEMORANDUM NORTH CAROLINA EnvfronmentarQualfty FROM: Cameron Luck, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28667 Fax: 252-247-3330 (Courier 11-12.09) cameron.luck(cDN CDEN R.00v SUBJECT: CAMA/D&F Applicant: Philip and Jamie Lanz! Project Location: 6600 Carmel Trail, ad). to Howe Creek, Wilmington in New Hanover County Proposed Project: The applicant proposes a Major Modification to State Permit No. 121-21 to extend a stormwater discharge pipe and riprap outfall apron wi additional 404 wetland fill and to construct a wooden walkway. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Cameron Luck at the address above by February 14, 2023. if you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7266 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached** X This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Wanda Hi fn[e34,1140 RECEIVED FEB 13 2023 MP SECTION DOM MHD CITY SIGNATURE ✓`)AIt.(Nui UtttcalOU DATE 02-13-2023 DE Q North Carolina Department of Environmental Quality I Division of coastal Management _ Wilmington Office 1127 Cardinal Drive Extension I Wilmington. North Carolina 28405 910.796.7215 DocuSign Envelope ID: C554BB74-B8ED-4BE3-9EA7-F944C2352E3B ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality March 16, 2023 DWR # 2021078v2 New Hanover County Phillip and Jamie Lanzi 3210 Gralyn Terrace Wilmington, NC 28411 Sent via email to: iblanzi@gmail.com planzi87(@RmaiI,com Subject: Approval of Individual 401 Water Quality Certification 6600 Carmel Trail — stormwater pipe installation USACE Action ID. No. SAW-2021-01018 DCM Major Permit #121-21 Dear Mr. and Mrs. Lanzi: Attached hereto is a copy of Certification No. WQ0005765 issued to Phillip and Jamie Lanzi, dated March 16, 2023. This Certification replaces the Certification issued on August 20, 2021. 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 this Water Quality Certification. 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 Certification and is responsible for complying with all conditions. (15A NCAC 02H .0507(d)(2)]. This Water Quality Certification does not relieve the permittee of the responsibility to obtain all other required Federal, State, or Local approvals before proceeding with the project, including those required by, but not limited to, Sediment and Erosion Control, Non -Discharge, Water Supply Watershed, and Trout Buffer regulations. This Water Quality Certification neither grants nor affirms any property right, license, or privilege in any lands or waters, or any right of use in any waters. This Water Quality Certification does not authorize any person to interfere with the riparian rights, littoral rights, or water use rights of any other person and does not create any prescriptive right or any right of priority regarding any usage of water. This Water Quality Certification shall not be interposed as a defense in any action respecting the determination of riparian or littoral rights or other rights to water use. No consumptive user is deemed by virtue of this Water Quality Certification to possess any prescriptive or other right of priority with respect to any other consumptive user. Upon the presentation of proper credentials, the Division may inspect the property. �µNs1dlM,r..,ebiOeM\ North Carolina Depanment of Environmental Quality I Dirislon of Water Resources 127 Cardinal Drice Ext. I Wilmington, North Carolin6 28405 910.796.7215 DocuSign Envelope ID: C554BB74-BRED-4BE3-9EA7-F944C2352E3B Philip and Jamie Lanzi DWRft 20210778v2 Individual Certification #WQC005765 Page 2 of 15 This Water Quality Certification shall expire on the same day as the expiration date of the corresponding Section 404 Permit. The conditions shall remain in effect for the life of the project, regardless of the expiration date of this Water Quality Certification. Non-compliance with or violation of the conditions herein set forth may result in revocation of this Water Quality Certification for the project and may also result in criminal and/or civil penalties. If you are unable to comply with any of the conditions of this Water Quality Certification you must notify the Wilmington Regional Office within 24 hours (or the next business day if a weekend or holiday) from the time the permittee becomes aware of the circumstances. The permittee shall report to the Wilmington Regional Office any noncompliance with, and/or any violation of, stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the permittee became aware of the non-compliance circumstances. This approval and its conditions are final and binding unless contested [G.S. 143-215.5]. This Certification can be contested as provided in Chapter 150B of the North Carolina General Statutes by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative Hearings (OAH) within sixty (60) calendar days. Requirements forfiling a Petition are set forth in Chapter 150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code. Additional information regarding requirements for filing a Petition and Petition forms may be accessed at http://www.ncoali.com/ or by calling the OAH Clerk's Office at (919) 431-3000. A party filing a Petition must serve a copy of the Petition on: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 If the party filing the Petition is not the permittee, then the party must also serve the recipient of the Certification in accordance with N.C.G.S 15013-23(a). This letter completes the Division's review under section 401 of the Clean Water Act and 15A NCAC 02H .0500. Please contact Holley Snider at 910-796-7303 or hollev.snider@ncdenr.aov if you have any questions or concerns. Sincerely, Dee.Signed by: EVA EUBA14AC70C4U... Morella Sanchez -King Regional Operations Supervisor Electronic cc: Greg Finch, Davey Group Greg Currey, USACE Wilmington Regulatory Field Office North Carolina Depbury Street 1 1617 Mail entalService Quality Division . NortWath amlinaResoures 512 Noah Salisbury Street I Ibl7 Mail Service Center I Raleigh, North Carolina 27699-Ib17 TM warm...enimp� 919.707.9000 DocuSign Envelope ID: C554BB74-B8ED-4BE3-9EA7-F944C2352E3B Philip and Jamie Lanzi DWR# 20210778v2 Individual Certification #WQC005765 Page 3 of 15 Todd Bowers, EPA Filename: 20210778v2_La nzi_6600 Carmel Tra i I_I W QC_N H Co_M a r.23 north Carolina Department of Environmental Quality I Division of Weler Resources 512 North Salisbury Street 1 1617 Mail Senice Center I Raleigh, North Carolina 27699-1617 919.707.9000 DocuSign Envelope ID: C554BB74-B8ED-4BE3-9EA7-F944C2352E3B Philip and Jamie Lanzi DW Rtt 20210778v2 Individual Certification NWQC005765 Page 4 of 15 NORTH CAROLINA 401 WATER QUALITY CERTIFICATION CERTIFICATION #WQC005765 is issued in conformity with the requirements of Section 401, Public Laws 92-500 and 95-217 of the United States and subject to North Carolina's Regulations in 15 NCAC 02H .0500 and 15A NCAC 02B .0200, to Phillip and Jamie Lanzi, who have authorization for the impacts listed below, as described within your application received by the N.C. Division of Water Resources (Division) on January 20, 2023 and by Public Notice issued by the Division of Coastal Management on January 24, 3023. The State of North Carolina certifies that this activity will comply with water quality requirements and the applicable portions of Sections 301, 302, 303, 306, 307 of the Public Laws 92-500 and PL 95-217 if conducted in accordance with the application, the supporting documentation, and conditions hereinafter set forth. The following impacts are hereby approved. No other impacts are approved, including incidental impacts. [15A NCAC 02H .0506(b)] Type of Impact Amount Approved Amount Approved Plan Location or (units) Permanent (units) Temporary Reference 404/401 Wetlands Wetland fill for 0.055 acres N/A CAMA major permit home construction (2,377 sq. ft) application, narrative, Stormwater pipe w/ 0.022 acres N/A sheets 1 thru 3 dated rip rap outfall (968 sq. ft.) 12/6/22 and stormwater Construction N/A 0.055 acres exhibit revised date corridor (2,409 sq. ft.) 11/30/22 This approval requires you to follow the conditions listed in the certification below. CONDITIONS OF CERTIFICATION [15A NCAC 02H .0507(c)]: 1. The Permittee shall stake the limits of disturbance at 6600 Carmel Trail and conduct a preconstruction meeting with the construction contractor prior to disturbance of the impact area. The Division shall be notified of the meeting two weeks prior to its scheduled date. Citation: 15A NCAC 02H .0507 (c) and 15A NCAC 02H .0502 (e) and 15A NCAC 02H .0506 (b)(3)] Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. In determining that the proposed activity will comply with state water quality standards (including designated uses, numeric criteria, narrative criteria and the state's antidegradation policy), the Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards or would result in secondary or cumulative impacts. 2. Appropriate measures should be installed prior to any land clearing activities to protect wetlands, streams, and/or buffers from turbidity and/ or sedimentation. These measures should be routinely inspected and properly maintained, and excavated materials should be contained outside wetland, stream, and/or buffer boundaries. Excessive silt and sediment loads North Carolina Department of 617 Mail Quality Division ,of Noah Resources 512 Nosh SalisburyStreet I I6I7 Mail Service Center Raleigh, Nosh Carolina 27699-1617 "r 919.707.9000 DocuSign Envelope ID: C554BB74-BBED-4BE3-9EA7-F944C2352E3B Philip and Jamie Lanzi D W R# 20210778v2 Individual Certification #WQC005765 Page 5 of 15 can have numerous detrimental effects on aquatic resources including destruction of spawning habitat, suffocation of eggs, and clogging of gills of aquatic species. Citation: 15A NCAC 02H .0506 (b)(1) and (2)] Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and maintenance of biological integrity, wildlife, secondary contact recreation, agriculture ...more depending on classification); and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. 3. Any final construction plans for this project must include or reference the application and plans approved by the Division under this authorization letter and certification. The applicant will also be required to evaluate all acquired permits to assure that they are consistent and all relative impacts are accounted for and shown on the construction plans. This includes the required Division of Energy, Mineral and Land Resources, approved post -construction stormwater management plan for the lot in accordance with 15A NCAC 02H .1019 (2)(b). Citation: 15A NCAC 02H.0502 (a) and 15A NCAC 02H.0506 (b)(1)] Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. In determining that the proposed activity will comply with state water quality standards (including designated uses, numeric criteria, narrative criteria and the state's antidegradation policy), the Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards or would result in secondary or cumulative impacts. 4. Upon completion of construction and prior to operation of the drainage pipe and rip rap outlet, construction photos (if available) and a certification from an appropriate designer for the device certifying that it has been installed in accordance with the approved plans, specifications, and other supporting documentation, shall be submitted to the Division (C/0 Chonticha McDaniel; 1617 Mail Service Center, Raleigh, NC 27699-1617 or via email). Citation: 15A NCAC 02H .0506(b)(1) Justification : In order to protect against impairment of water quality standards and best usage of receiving and downstream waters, water quality based management practices must be employed to protect against direct or indirect discharge of waste or other sources of water pollution. Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and maintenance of biological integrity, wildlife, secondary contact recreation, agriculture) and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. In determining that the proposed activity will comply with state water quality standards (including designated uses, numeric criteria, narrative criteria and the state's antidegradation policy), the Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards, or would result in secondary or cumulative impacts. 512 Carolina D ry Stye n 11617ofEroroad Sen Quality Division , NorthWalResources 512 North Salisbury i IGI7 Mail Sen¢e ('emer I Raleigh, Nosh Carolina 27699-16I7 �^ 919.707,9000 DocuSign Envelope ID: C554BB74-B8ED-4BE3-9EA7-Fg44C2352E3B Philip and Jamie Lanzi D W R# 20210778v2 Individual Certification #WQ0005765 Page 6 of 15 5. If any erosion problems are observed in the wetlands or surface waters downslope of the drainage pipe extension discharge point, then you shall immediately repair and correct the problem and prevent further damage and sediment discharge to the receiving surface waters. Please be aware that these repairs may require you to obtain a 404 Permit from the Corps and a 401 Certification from the Division. Citation: 15A NCAC 02H .0506(b)(1) Justification: In order to protect against impairment of water quality standards and best usage of receiving and downstream waters, water quality based management practices must be employed to protect against direct or indirect discharge of waste or other sources of water pollution. Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and maintenance of biological integrity, wildlife, secondary contact recreation, agriculture) and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis, In determining that the proposed activity will comply with state water quality standards (including designated uses, numeric criteria, narrative criteria and the state's antidegradation policy), the Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards, or would result in secondary or cumulative impacts. 6. Visual monitoring of the wetlands downslope of the drainage pipe extension discharge point shall be conducted immediately following installation and quarterly thereafter for a period of two (2) years. Monitoring shall occur at least once a year during a rain event that results in precipitation amounts of 1 inch or greater. Pictures shall be taken of the stream and streambank conditions immediately upstream of the impact area and 100 feet downstream of the impact area during each monitoring event. If visual monitoring indicates the wetlands are exhibiting erosion or that the channel is significantly flooded during precipitation events, the DWR Wilmington Regional Office shall be notified in writing. Citation: 15A NCAC 02H .0506(b)(1) Justification: In order to protect against impairment of water quality standards and best usage of receiving and downstream waters, water quality based management practices must be employed to protect against direct or indirect discharge of waste or other sources of water pollution. Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and maintenance of biological integrity, wildlife, secondary contact recreation, agriculture) and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. In determining that the proposed activity will comply with state water quality standards (including designated uses, numeric criteria, narrative criteria and the state's antidegradation policy), the Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards, or would result in secondary or cumulative impacts. North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1617 Mail Sen ice Center I Raleigh, North Carolina 27699-1617 919.70Z9000 DocuSign Envelope ID: C554BB74-B8ED-4BE3-9EA7-F944C2352E3B Philip and Jamie Lanzi DWR# 20210778v2 Individual Certification #WQC005765 Page 7 of 15 If concrete is used during 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. No uncured or curing concrete shall be installed or come into contact with wetlands onsite. Citation: 15A 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCAC 02B .0231 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated uses. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 8. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the footprint of the approved impacts (including temporary impacts). Citation: 15A NCAC 02H .0506,,15A NCAC 02H .0507(c) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and maintenance of biological integrity; wildlife; secondary contact recreation; agriculture); and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. 9. The permittee shall have a specific plan for restoring wetland contours to pre -construction conditions. Any excess material will be removed to a high ground disposal area. The mixing of topsoil and subsoils within the wetlands along utility corridors shall be minimized to the greatest extent practical. During excavation, the soils shall be placed on fabric to minimize impacts whenever possible. Topsoil excavated from utility trenches will be piled separately from subsoils and will be backfilled into the trench only after the subsoils have been placed and compacted. Citation: 15A NCAC 02H .0506(b),, 15A NCAC 02H .0507(c) Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. In determining that the proposed activity will comply with state water quality standards (including designated uses, numeric criteria, narrative criteria and the state's ontidegradation policy), the Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards or would result in secondary or cumulative impacts. 0—/ North Carolina DepanmmeofEm-ironmental Quality 1 Division of Water Resources CCrrJ/1�—D ` r=1 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699.1617 �u.i....0 mu,\ � 919.7079000 DocuSign Envelope ID: C554BB74-B8ED-4BE3-9EA7-F944C2352E3B Philip and Jamie Lanzi DWRtt 20210778v2 Individual Certification #WQC005765 Page 8 of 15 10. Upon restoration of temporary impacts to wetlands, streams, and/or buffers, all restored areas shall be monitored quarterly for at least two years with photo documentation. The monitoring may be extended up to another 3 years if the restoration sites have not adequately recovered. Citation: 15A NCAC 02H .0506 (b)(1) and 15A NCAC 02H .0507 (c) Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. In determining that the proposed activity will comply with state water quality standards (including designated uses, numeric criteria, narrative criteria and the state's antidegradation policy), the Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards or would result in secondary or cumulative impacts. 11. If this Water Quality Certification is used to access residential, commercial or industrial building sites, then all parcels owned by the permittee that are part of the single and complete project authorized by this Certification must be buildable without additional impacts to streams or wetlands. Citation: 15A NCAC 02H .0502(a);15A NCAC 02H .O506(b); 15A NCAC 02H .O507(c) Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. In determining that the proposed activity will comply with state water quality standards (including designated uses, numeric criteria, narrative criteria and the state's antidegradation policy), the Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards or would result in secondary or cumulative impacts. 12. Deed notifications or similar mechanisms shall be placed on all lots/parcels with retained jurisdictional wetlands, waters, and state regulated riparian buffers within the project boundaries in order to assure compliance with NC Water Quality Certification Rules (15A NCAC 02H .0500), NC Isolated Wetland Rules (15A NCAC 02H .1300), and/or State Regulated Riparian Buffer Rules (15A NCAC 02B .0200). These mechanisms shall be put in place at the time of recording of the property or individual parcels, whichever is appropriate. Citation: 15A NCAC 02H .O502(a);15A NCAC 02H .O506(b); 15A NCAC 02H .05O7(c) Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. In determining that the proposed activity will comply with state water quality standards (including designated uses, numeric criteria, narrative criteria and the state's antidegradation policy), the Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards or would result in secondary or cumulative impacts. 13. The permittee shall report to the DWR Wilmington Regional Office any noncompliance with, and/or any violation of, stream or wetland standards [15A NCAC 02B .02001, including but not limited to sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the permittee became aware of the non-compliance circumstances. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) D_E Q�� north Carolina Sal bn,DepS a 1 1617 M.il emal Qe Cent I I Division of Wat C.1iurces 512 NonM1 Salisbury Svee[ 11617 Mail Senrme Center I Raleigh, North Carolina 27699-1617 �� 919.707.9000 DocuSign Envelope ID: C554BB74-B8ED-4BE3-9EA7-F944C2352E3B Philip and Jamie Lanzi DWRk 20210778v2 Individual Certification kWQC005765 Page 9 of 15 Justification: Timely reporting of non-compliance is important in identifying and minimizing detrimental impacts to water quality and avoiding impacts due to water pollution that precludes any best use on a short-term or long-term basis. 14. When applicable, all construction activities shall be performed and maintained in full compliance with G.S. Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973). Regardless of applicability of the Sediment and Pollution Control Act, all projects shall incorporate appropriate Best Management Practices for the control of sediment and erosion so that no violations of state water quality standards, statutes, or rules occur. Design, installation, operation, and maintenance of all sediment and erosion control measures shall be equal to or exceed the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual, or for linear transportation projects, the North Caroline Department of Transportation Sediment and Erosion Control Manual. All devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) sites, including contractor -owned or leased borrow pits associated with the project. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. For borrow pit sites, the erosion and sediment control measures shall be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. Reclamation measures and implementation shall comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act and the Mining Act of 1971. If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs), SA, WS- I, WS-II, High Quality Waters (HOW), or Outstanding Resource Waters (ORW), then the sedimentation and erosion control designs shall comply with the requirements set forth in 15A NCAC 048 .0124, Design Standards in Sensitive Watersheds. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCACO2B .0200; 15A NCAC 02B .0231 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards (12) Oils, deleterious substances, or colored or other wastes: only such amounts os shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated uses; and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall not be increased. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. D E Q�� North Carolina Department I M7 Mail Quality I Division , Water Resources 512 Nonh SalisburyStreet I IGI7 Mail Service Center I Raleigh, Noah Carolina 27699-I6I7 919.707.9000 DocuSign Envelope ID: C554BB74-B8ED-4BE3-9EA7-F944C2352E3B Philip and Jamie Lanz! DW R# 20210778v2 Individual Certification #WQC005765 Page 10 of 15 15. Sediment and erosion control measures shall not be installed in wetland or waters except within the footprint of temporary or permanent impacts otherwise authorized by this Certification. If placed within authorized impact areas, then placement of such measures shall not be conducted in a manner that results in dis-equilibrium of any wetlands, streambeds, or streambanks. Any silt fence installed within wetlands shall be removed from wetlands and the natural grade restored within two (2) months of the date that DEMLR or locally delegated program has released the specific area within the project to ensure wetland standards are maintained upon completion of the project. Citation: 15A NCAC 021-1.0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCAC 02B .0231 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated uses; and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated as trout waters and SO NTU in streams, lakes, or reservoirs designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall not be increased. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 16. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used along streambanks or within wetlands. Citation: 15A NCAC 02H .0506(b),,15A NCAC 02H .0507(c) Justification: A project that affects waters shall not be permitted unless the existing uses (including aquatic life propagation and biological integrity), and the water quality to protect such uses, are protected. Protections are necessary to ensure any remaining surface waters or wetlands, and any surface waters or wetlands downstream, continue to support existing uses during and after project completion. The Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards, or would result in secondary or cumulative impacts. 17. If the project is covered by NPDES Construction Stormwater Permit Number NCGO10000 or NPDES Construction Stormwater Permit Number NCG250000, full compliance with permit conditions including the erosion & sedimentation control plan, inspections and maintenance, self -monitoring, record keeping and reporting requirements is required. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c),,15A NCAC 02B .0200; 15A NCAC 02B .0231 North Caroline Depamnen[ 1 617 Mail San Quality I Division , Water Resources 512 North SalisburyStreet 11617 Mail Senace Center 1 Raleigh, North Carolina 27699-161] 919.707,9000 DocuSign Envelope ID: C554BB74-B8ED-4BE3-9EA7-F944C2352E3B Philip and Jamie Lanzi DW RN 20210778v2 Individual Certification SWQC005765 Page 11 of 15 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability of fish, aesthetic quality, or impair the waters for any designated uses; and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall not be increased. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 18. Culverts shall be designed and installed in such a manner that the original stream profiles are not altered and allow for aquatic life movement during low flows. The dimension, pattern, and profile of the stream above and below a pipe or culvert shall not be modified by widening the stream channel or by reducing the depth of the stream in connection with the construction activity. The width, height, and gradient of a proposed culvert shall be such as to pass the average historical low flow and spring flow without adversely altering flow velocity. If the width of the culvert is wider than the stream channel, the culvert shall include multiple boxes/pipes, baffles, benches and/or sills to maintain the natural width of the stream channel. If multiple culverts/pipes/barrels are used, low flows shall be accommodated in one culvert/pipe and additional culverts/pipes shall be installed such that they receive only flows above bankfull. Placement of culverts and other structures in streams shall be below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20% of the culvert diameter for culverts having a diameter less than or equal to 48 inches, to allow low flow passage of water and aquatic life. If the culvert outlet is submerged within a pool or scour hole and designed to provide for aquatic passage, then culvert burial into the streambed is not required. For structures less than 72" in diameter/width, and topographic constraints indicate culvert slopes of greater than 2.5% culvert burial is not required, provided that all alternative options for flattening the slope have been investigated and aquatic life movement/connectivity has been provided when possible (e.g. rock ladders, cross -vanes, sills, baffles etc.). Notification, including supporting documentation to include a location map of the culvert, culvert profile drawings, and slope calculations, shall be provided to DWR 30 calendar days prior to the installation of the culvert. When bedrock is present in culvert locations, culvert burial is not required, provided that there is sufficient documentation of the presence of bedrock. Notification, including supporting documentation such as a location map of the culvert, geotechnical reports, photographs, etc. shall be provided to DWR a minimum of 30 calendar days prior to the installation of the culvert. If bedrock is discovered during construction, then DWR shall be notified by phone or email within 24 hours of discovery. Noah Carolina Depenment ofEmironmemal Quality I Division of N'aler Resources 512 Noah Salisbury Street 11617 Mail Senme Center I Raleigh, Noah Carolina 27699-1617 919.707 9000 MM '\ Ovb DocuSign Envelope ID: C554BB74-B8ED-4BE3-9EA7-F944C2352E3B Philip and Jamie Lanzi DWR# 20210778v2 Individual Certification #WQC005765 Page 12 of 15 Installation of culverts in wetlands shall ensure continuity of water movement and be designed to adequately accommodate high water or flood conditions. When roadways, causeways, or other fill projects are constructed across FEMA-designated floodways or wetlands, openings such as culverts or bridges shall 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 shall be used where practicable instead of rip -rap or other bank hardening methods. Citation: 15A NCAC O2H .O5O6(b); 15A NCAC O2H .O5O7(c) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. Ensuring that structures are installed properly in waters will ensure that surface water quality standards are met and conditions of waters are suitable for all best uses. 19. Application of fertilizer to establish planted/seeded vegetation within disturbed riparian areas and/or wetlands shall be conducted at agronomic rates and shall comply with all other Federal, State and Local regulations. Fertilizer application shall be accomplished in a manner that minimizes the risk of contact between the fertilizer and surface waters. Citation: 15A O2H .O5O6(b); 15A NCAC O2H .05O7(c); 15A NCAC O2B .0200,'15A NCAC 02B .0231 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated uses. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 20. All proposed and approved temporary fill and culverts shall be removed and the impacted area shall be returned to natural conditions within 60 calendar days after the temporary impact is no longer necessary. The impacted areas shall be restored to original grade, including each stream's original cross -sectional dimensions, planform pattern, and longitudinal bed profile. All temporarily impacted sites shall be restored and stabilized with native vegetation. Citation: 15A NCAC O2H.O5O5(b); 15A NCAC 02H .O507(c) Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Protections are necessary to ensure any remaining surface waters or wetlands, and any surface waters or wetlands downstream, continue to support existing uses after project completion. D_E Q�� 512 N Caroli hsb.ry Stnent 1 1617 Mainanall service ce Cent l I Rol on oNor tth Re ourcea 512 Noah Salisbury Street I IGI7 Mail Seru'me Center Raleigh, North Caroline 27699-1617 '^.��� 919 7079000 DocuSign Envelope ID: C554BB74-68ED-4BE3-9EA7-F944C2352E3B Philip and Jamie Lanz! D W Rti 20210778v2 Individual Certification #WQC005765 Page 13 of 15 21. All proposed and approved temporary pipes/culverts/rip-rap pads etc. in streams or wetlands shall be installed 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 or the North Carolina Department of Transportation Best Management Practices for Construction and Maintenance Activities so as not to restrict stream flow or cause dis-equilibrium during use of this Certification. Citation: 15A NCAC O2H .O5O6(b),-15A NCAC O2H .O5O7(c) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. Ensuring that structures are installed properly in waters will ensure that surface water quality standards are met and conditions of waters are suitable for all best uses. 22. Any rip -rap 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 be placed such that the original streambed elevation and streambank contours are restored and maintained and shall consist of clean rock or masonry material free of debris or toxic pollutants. 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 or be installed in a manner that precludes aquatic life passage. Citation: 15A NCAC 02H .O5O6(b),- 15A NCAC O2H .O5O7(c) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. The Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards, or would result in secondary or cumulative impacts. 23. All mechanized equipment operated near surface waters shall be inspected and maintained regularly to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids, or other toxic materials. Construction shall be staged in order to minimize the exposure of equipment to surface waters to the maximum extent practicable. Fueling, lubrication, and general equipment maintenance shall be performed in a manner to prevent, to the maximum extent practicable, contamination of surface waters by fuels and oils. Citation: 15A NCACO2H.O5O6(b); 15A NCACO2H.O5O7(c); 15A NCACO2B.0200; SSA NCACO2B .0231 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability of fish, aesthetic quality, or impair the waters for any designated uses. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses; and (3) Noah Carolina Depanment of Enviromnenta[Quality I Division of Water Resources 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Cam]ins 27699-1617 �� 919.707.9000 DocuSign Envelope ID: C554BB74-B8ED-4BE3-9EA7-F944C2352E3B Philip and Jamie Lanzi D W RN 20210778v2 Individual Certification #WQC005765 Page 14 of 15 Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 24. Heavy equipment working in wetlands shall be placed on mats or other measures shall be taken to minimize soil disturbance and compaction. Citation: 15A NCAC 02H .0506(b),- 15A NCAC 02H .0507(c); 15A NCAC 028.0231 Justification: Wetland standards require maintenance or enhancement of existing uses of wetlands such that hydrologic conditions necessary to support natural biological and physical characteristics are protected; populations of wetland flora and fauna are maintained to protect biological integrity of the wetland; and materials or substances are not present in amounts that may cause adverse impact on existing wetland uses. 25. In accordance with 143-215.85(b), the permittee shall report any petroleum spill of 25 gallons or more; any spill regardless of amount that causes a sheen on surface waters; any petroleum spill regardless of amount occurring within 100 feet of surface waters; and any petroleum spill less than 25 gallons that cannot be cleaned up within 24 hours. Citation: 15A NCAC 02H .0507(c); N. C. G. S 143-215.85(b) Justification: Person(s) owning or having control over oil or other substances upon notice of discharge must immediately notify the Department, or any of its agents or employees, of the nature, location, and time of the discharge and of the measures which are being taken or are proposed to be taken to contain and remove the discharge. This action is required in order to contain or divert the substances to prevent entry into the surface waters. Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and maintenance of biological integrity; wildlife; secondary contact recreation; agriculture); and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. 26. The permittee and their authorized agents shall conduct all activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal Law. Citation: 15ANCACO2H.0506(b); 15ANCACO2H.0507(c) Justification: Surface water quality standards require that conditions of waters be suitable for oil best uses provided for in state rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. The Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards, or would result in secondary or cumulative impacts. 27. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this certification 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 Water Quality Certification. A copy of this Water Quality Certification shall be available at the project site during the construction and maintenance of this project. D E Q��s Nor h Carolina Department 11617 MA Satal ce Ce t I Division of Water Resources 512 Noeh Salisbury Street I Ib I7 Mail Sernce Cemer 1 Raleigh. North Carolina 27699-161] nmicm.ry 919,70]9000 ..w--l-Oi.a...,..mm DocuSign Envelope ID: C554BB74-B8ED-4BE3-9EA7-F944C2352E3B Philip and Jamie Lanzi DWRN 20210778v2 Individual Certification tlWQC005765 Page 15 of 15 Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) Justification: Those actually performing the work should be aware of the requirements of this 401 Water Quality Certification to minimize water quality impacts. 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 Permit. The conditions in effect on the date of issuance shall remain in effect for the life of the project, regardless of the expiration date of this Certification. [15A NCAC 02H .0507(c)] MSK/hs This, the 16th day of March 2023 E'A OocuBlgnetl by: 6V JA SOan�—UVJ E3ABA14AC7DC434... Morelia Sanchez -King Regional Operations Supervisor North Carolina Department of Environmental Quality I Division of Water Resources 512 North Saltsbnry Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 919.707 9000