20240729_401_Approval

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ROY COOPER
Govemor
ELIZABETH S.BISER
Secretary
RICHARD E.ROGERS,jR. NORTH CAROLINA
Dimaor Environmental Quality
March 7, 2024
DWR N 20230198 v2
Lee County
RECEIVED
Mr. Mark Lyczkowski
114 Hawkins Ave JUL 2 8 2024
Sanford, NC 27330
BAND QUALITY
Delivered via email to: mark@fig.11c MINING PROGRAM
Subject: Approval of Individual 401 Water Quality Certification
South Carter Industrial Site
USACE Action ID. No. SAW-2023-00336
Dear Mr. Lyczkowski:
Attached hereto is a copy of Certification No. WQC006099 issued to Mr. Mark Lyczkowski,dated March 7,
2024. 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.
ee-K—FE Nonh Carolina DepanmentofEnvironmentalQuality I Divisionof Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh,Nnnh Carolina 27699-1617
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D W R#20230198 v2
Individual Certification#WQC006099
Page 2 of 14
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 Raleigh 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 Raleigh 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. 143-215.51.
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 for filing 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.ncoah.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 Sue Homewood at 336-813-1863 or [e-mail] if you have any
questions or concerns.
Sincerely,
SoocuSigned by:
it, Goss
980CS097080E4E9.
Stephanie Goss,Supervisor
401 & Buffer Permitting Branch
D_EQZ� NonhCamlimDepanmentofEmimnlmntalQuality I Division of Water Resources
512 North Salisbury Street 11617 Nail Sm ice Center I Raleigh.Nonh Carolina 27699-1617
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Page 3 of 14
Electronic cc: Hunter Wines,Timmons Group
Lyle Phillips, USACE Raleigh Regulatory Field Office
Gabriella Garrison, NCWRC
Kelly Williams, DMS
Todd Bowers, EPA
DWR 401 & Buffer Permitting Branch Electronic file
Filename: 20230198v2 South Carter Industrial - Lee-NW39-IC.docx
D E Q�� North Carolina Deparnnem of Environmental Quulav I Di%ision of Water Resources
>12 Noah Salisbury Street 1 1617 Mail Senice Center I Raleigh.Nonh Carolina 27fi99-1617
919.707 9000
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DWR#20230198 v2
Individual Certification#WQC006099
Page 4 of 14
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #WQC006099 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 Mr. Mark Lyczkowski,who has authorization for the impacts listed below, as
described within your application received by the N.C. Division of Water Resources(Division) on
November 17, 2023 and subsequent information on January 2, 2024 and February 23, 2024 and by Public
Notice issued by the Division on November 13, 2023.
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 Mitigation Amount
Permanent Temporary Required
Perennial Streams
Site 3—Road crossing 118 linear feet 0 linear feet 0 credits
Site 4—Road crossing 150 linear feet 0 linear feet 0 credits
Intermittent Streams
Site 2—Road crossing 136 linear feet 0 linear feet 0 credits
Site 5—Road crossing 101 linear feet 0 linear feet 0 credits
Riparian Wetlands
Site 1—Road crossing 0.26 acres 0 acres 0.20 credits
This approval requires you to follow the conditions listed in the certification below.
CONDITIONS OF CERTIFICATION [15A NCAC 02H .0507(c)]:
1. Mitigation must be provided for the proposed impacts as specified in the table below. The
attached Compensatory Mitigation Responsibility Transfer Form (Form)shall be completed and
provided to the Division prior to any impacts occurring. If the Mitigation Provider specified on
the attached Form(s)for the proposed impacts changes after issuance of this Certificate,then
the Permittee shall request a revised Compensatory Mitigation Responsibility Transfer Form
from the Division prior to conducting any impacts.
Compensatory Mitigation Required River and Sub-basin Number
Wetland 1 0.26 acres (credits) Cape Fear/03030004
Citation: 15A NCAC 02H.0506(c);15A NCAC 02H.0507(c)
EQ�� NorthCamlinaDepartmenlofEnvinrnmenlalQwlity I DivisionafWaterResources
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512 North Salisbury Street 11017 Mail Sen�me Center I Raleigh,North Curulina 27699-Ib17
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Page 5 of 14
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 antidegrodation policy), the project must provide for replacement of
existing uses through compensatory mitigation.
2. The Division approves the preliminary(conceptual)stormwater management plan as provided in
the Stormwater Report Addendum 1 dated November 7, 2023. Final and complete SMP(s)for
each development phase must receive written authorization from the Division before any land
disturbance or construction may occur.
Citation: 15A NCAC 02H.0506(b);15A NCAC 02H.0507(c);15A NCAC 02B.0200
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.
3. Stream and wetland impacts authorized by this Certification are considered cumulative with any
impacts within the boundaries of the South Carter Industrial Center. Future impacts and/or
phases of the South Carter Industrial Center project components, and related activities may be
considered cumulative with impacts approved by this Certification.
Citation: 15A NCAC 02H .0506(b); 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, 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.
4. Any final construction plans for the 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. Any additional impacts to
streams and/or wetlands as a result of future roads, buildings,driveways, utility lines or other
development related activities within the development may be considered cumulative to
impacts approved in this Certification and may require a modification of this 401 Water Quality
Certification approval.
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.
North Carolina Department of Environmental Quality I Division of Water Resourns
512 North Salisbury street 1 1617 Nail Service Center I Raleigh.North Carolina 27699-1617
919.707.90(111
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5. All wetlands,streams, and surface waters located within 50 feet of the construction area on the
project site shall be clearly marked (example-orange fabric fencing) prior to any land disturbing
activities and must be maintained on the property until the project phase is completed.
Citation: 15A NCAC 02H.0506(b)(2);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.
6. The permittee shall report to the DWR Raleigh 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.
Citation: 15A NCAC 02H.0506(b);15A NCAC 02H.0507(c)
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.
7. 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.
8. 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.
Citation: 15A NCAC 02H.0506(b);15A NCAC 02H.0507(c), 15A NCACO2B.0200;15A NCAC 026
.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
D_EQ�� NonhC'arolinaDepanmentof Environmental Quality l Division ulWmerResources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh,North Carolina 27699-1617
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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;far 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.
9. 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 02H.0506(b);15A NCAC 02H.0507(c),15A NCAC 028.0200;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 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.
10. 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.
DE Q�� North Carolina Department of Environmental Quality I Division ofNater Resources
512 North Salisbury Street 1 1617 Maid service Center I Raleigh,Nonh Caolina 27699-1617
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11. 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
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 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.
12. All work in or adjacent to streams shall be conducted so that the flowing stream does not come
in contact with the disturbed area. Approved best management practices from the most current
version of the NC Sediment and Erosion Control Manual,or the NC Department of
Transportation Construction and Maintenance Activities Manual, such as sandbags, rock berms,
cofferdams,and other diversion structures shall be used to minimize excavation in flowing
water.
Citation: 15A NCAC 02H.0506(b);15A NCAC 02H.0507(c),15A NCAC 02B.0200
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. 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 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.
13. 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
D EQ�� North Carolina Department of Environmental Quality Division of Water Resources
i 12 North Salisbury Street 1 1617 Mail Service Center I Raleigh,North Carolina 27699-1617
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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.
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 02H.0506(b);15A NCAC 02H.0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable far 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.
DQ�� nm North Candina Department of Enviraental Quality I Division of Water Resources
_E 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh.North Carolina 27699-1617

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14. 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 02H.0506(b); 15A NCAC 02H.0507(c);15A NCAC 02B.0100; 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.
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.
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.
16. 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 NG4C 02H.0506(b);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, 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
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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. Any rip-rap used for stream or shoreline stabilization shall be of a size and density to prevent
movement by wave, current action, or stream flows, and shall consist of clean rock or masonry
material free of debris or toxic pollutants. Rip-rap shall not be installed in the streambed except
in specific areas required for velocity control and to ensure structural integrity of bank
stabilization measures.
Citation: 15A NCAC 02H.0506(b);15A NCAC'02H.0507(c),15A NCAC'02B.0201
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.
18. 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 NCAC 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.
19. 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 02B.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.
D_E Q��
a North Carolina Department of Envirnntnental Quality I Division of Water Resuurc s
?I2 North Salisbury Street 11617 Mail Service Center I Raleigh.North Carolina 27699-1617
a� ev¢. .., .n 919.707.9000
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D W R#20230198 v2
Individual Certification#WQC006099
Page 12 of 14
20. 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.
21. 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: 15A NCAC 02H.0506(b);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, 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.
22. 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.
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.
North Carolina Department of Environmental Quality I Division of Water Resources
D E Q North Salisbury Street 1 1617 Mail Service Center I Raleigh,North Carolina 27699-1617
919.707.91rou

uvwcayn euveivpe au. ,
South Carter Industrial Site
• DWR#20230198 v2
Individual Certification#WQC006099
Page 13 of 14
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. [1SA NCAC 02H .0507(c)]
This,the 7`b day of March, 2024
CDocuSipnetl by:
ft abut igms
98o080W080E6E9.-
Stephanie Goss,Supervisor
401& Buffer Permitting Branch
lf� -�,r Nonh Carolina Depanmentof Envirome nntal Quality I Division ofNalcr Resources
D E QJ� >12 North Salisbury Street 11617 Mail Service Centcr I Raleigh.North Carolina 27699-1617
r�y�y *,,Zl 919.707,9000
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ROY COOPER
Governor
ELIZABETH S.BISER
secretary
RICHARD E.ROGERS,JR. NORTH CAROLINA
Dimcror Environmental Quality
COMPENSATORY MITIGATION RESPONSIBILITY TRANSFER FORM
March 7, 2024
Permittee: Mr. Mark Lyczkowski DWR Project#20230198 v2
Project Name:South Carter Industrial Site County: Lee
The Division has received an acceptance letter from the NC Division of Mitigation Services (DMS)to
satisfy the mitigation requirements set forth in 401 Individual Certification No.WQC006099 issued to
Mr. Mark Lyczkowski, dated March 7, 2024 as provided in the table below.
Compensatory Mitigation River and 8-digit HUC Number
Riparian Wetland 1 0.26 acres(credits) Cape Fear/03030004
The Permittee must provide a copy of this form to DMS who will then sign the form to verify receipt of
payment and the transfer of the mitigation responsibility. Once DMS has signed this form, it is the
Permittee's responsibility to ensure that a signed copy of this form is submitted to the Division before
conducting any of the authorized impacts.
The Division of Mitigation Services verifies that the mitigation requirements (credits) shown above will
be debited using approved released or advance credits,and for all stream or wetland credits is in
accordance with the signed/approved In-Lieu Fee Instrument dated July 28, 2010. By signing below,
DMS is accepting full responsibility for the identified mitigation. As a reminder to the Mitigation
Provider, no more than 25 percent of the total mitigation required by Division can be met through
preservation, unless requested and approved by the Division Director(15A NCAC 02H.0506(c)(7)).
Signature Authority Name (print):
Signature: Date:
reEK E O%M Nanh Cemlina Depanment of Fnvimnmanntl Ouality I Division of Water Resources
512 North Salisbury Street 1 1611 Mail Service Center I Raleigh,North Carolina 27699-1611
_ 919.707.9000
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