HomeMy WebLinkAbout20200533v2ChathamPark(Chatham)_401_IC Dts t STATE
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ROY COOPER i(
Governor
DIONNE DELLI-GATTI ` r .�% ,..-
Secretary Qu^"'rto:,,
S.DANIEL SMITH NORTH CAROLINA
Director Environmental Quality
March 31, 2021
DWR#20200533v2
Chatham County
NCDOT Division 8
Attn: Mr.Art King
121 DOT Drive
Carthage, NC 28327
Delivered via email to: acking@ncdot.gov
Chatham Park Investors LLC
Attn: Mr.Timothy Smith
100 Weston Estates Way
Cary, NC 27513
Delivered via email to: tim@prestondev.com
Subject: Approval of Individual 401 Water Quality Certification
Chatham Park North Village & NCDOT Chatham Park Way North (R-5930)
USACE Action ID. No. SAW-2020-00746
Dear Sirs:
Attached hereto is a copy of Certification No. WQC004228 issued to Art King and NCDOT Division 8 and
Timothy Smith and Chatham Park Investors LLC ("CPI") dated March 31, 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
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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.
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. 143-215.5].
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 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.
One (1) copy of the Petition must also be served to the North Carolina Department of Environmental
Quality:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
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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 336-776-9693 or Sue.Homewood@ncdenr.gov if you have
any questions or concerns.
Sincerely,
s afilS7-14'
S. Daniel Smith, Director
Division of Water Resources
cc: Jason Hartshorn, Kimley-Horn (via email)
Bob Zarzecki, Soil & Environmental Consultants, PA (via email)
James Lastinger, USACE Raleigh Regulatory Field Office (via email)
Todd Bowers, EPA, (via email)
Gabriela Garrison, NCWRC(via email)
Emily Wells, USFWS (via email)
DWR 401 & Buffer Permitting Branch Electronic file
Filename: 20200533v2ChathamPark(Chatham)_401_IC.docx
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NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #WQC004228 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 Art King and NCDOT Division 8 and Timothy Smith and Chatham Park
Investors LLC ("CPI"), who have authorization for the impacts listed below, as described within your
application received by the N.C. Division of Water Resources (Division) on September 8, 2020 and
subsequent information on November 13, 2020, and by Public Notice issued by the Division on December
4, 2020 and Public Hearing held on January 7, 2021.
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 (units) Amount Approved (units)
Permanent Temporary
Chatham Park Way North (NCDOT R-5930)—Stream Impacts
Site 3- Perennial 251 (linear feet) 0(linear feet)
Site 8- Perennial 170(linear feet) 0(linear feet)
Site 13 - Perennial 242 (linear feet) 0(linear feet)
Site 18- Intermittent 138(linear feet) 0(linear feet)
Chatham Park North Village—Stream Impacts
Impact 1 0(linear feet) 15 (linear feet)
Impact 2 & 3 0(linear feet)
Culvert 80 (linear feet)
Dissipator 20 (linear feet)
Impact 4 0(linear feet) 5 (linear feet)
Impact 5 0(linear feet) 30(linear feet)
Impact 10 0(linear feet) 35 (linear feet)
Impact 11 0(linear feet) 10(linear feet)
Impact 12 & 13 0(linear feet)
Culvert 100 (linear feet)
Dissipator 20 (linear feet)
Impact 14 0(linear feet) 10(linear feet)
Impact 15 0(linear feet) 35 (linear feet)
Impact 16 0(linear feet) 35 (linear feet)
Impact 26 66 (linear feet) 0(linear feet)
Impact 27 155 (linear feet) 0(linear feet)
Impact 29 0(linear feet) 5 (linear feet)
Impact 30&31 0(linear feet)
Culvert 125 (linear feet)
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Dissipator 20 (linear feet)
Impact 32 0(linear feet) 10(linear feet)
Impact 33 0(linear feet) 35 (linear feet)
Impact 34 0 (linear feet) 5 (linear feet)
Impact 35 & 36 0 (linear feet)
Culvert 165 (linear feet)
Dissipator 50 (linear feet)
Impact 37 0 (linear feet) 10 (linear feet)
Impact 38 0 (linear feet) 10 (linear feet)
Impact 39 &40 0 (linear feet)
Culvert 145 (linear feet)
Dissipator 25 (linear feet)
Impact 42 0 (linear feet) 30 (linear feet)
Impact 43 0 (linear feet) 30 (linear feet)
Impact 44 0(linear feet) 30(linear feet)
Impact 45 0(linear feet) 30(linear feet)
Impact 46 0(linear feet) 5 (linear feet)
Impact 47 &48 0(linear feet)
Culvert 170 (linear feet)
Dissipator 50 (linear feet)
Impact 49 0(linear feet) 5 (linear feet)
Impact 51 0(linear feet) 35 (linear feet)
Impact 52 0(linear feet) 10(linear feet)
Impact 53 & 54 0(linear feet)
Culvert 75 (linear feet)
Dissipator 20 (linear feet)
Impact 55 0(linear feet) 5 (linear feet)
Impact 57 0(linear feet) 40(linear feet)
Impact 58 0(linear feet) 35 (linear feet)
Impact 59 0(linear feet) 35 (linear feet)
Impact 60 0(linear feet) 5 (linear feet)
Impact 61 & 62 0 (linear feet)
Culvert 135 (linear feet)
Dissipator 40 (linear feet)
Impact 63 0(linear feet) _ 10(linear feet)
Impact 65 0(linear feet) 35 (linear feet)
Impact 68 0(linear feet) 35 (linear feet)
Impact 69 0(linear feet) 35 (linear feet)
Impact 70 0(linear feet) 35 (linear feet)
Impact 71 0(linear feet) 35 (linear feet)
Impact 72 0(linear feet) 35 (linear feet)
Impact 73 0(linear feet) 35 (linear feet)
Impact 80 0(linear feet) 5 (linear feet)
Impact 81 &82 0(linear feet)
Culvert 120 (linear feet)
Dissipator 40 (linear feet)
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Impact 83 0(linear feet) 5 (linear feet)
Impact 84 0(linear feet) 30(linear feet)
Impact 85 0(linear feet) 35 (linear feet)
Impact 86 0 (linear feet) 30 (linear feet)
Impact 87 0(linear feet) 30(linear feet)
Impact 88 0(linear feet) _ 35 (linear feet)
Impact 89 0(linear feet) 30(linear feet)
Impact 90 0(linear feet) 30(linear feet)
Impact 91 0(linear feet) 10(linear feet)
Impact 92 &93 0(linear feet)
Culvert 155 (linear feet)
Dissipator 60(linear feet)
Impact 94 0(linear feet) _ 30(linear feet)
Impact 95 0(linear feet) 5 (linear feet)
Impact 96 0(linear feet) _ 35 (linear feet)
Impact 97 0(linear feet) 35 (linear feet)
Impact 98 0(linear feet) 5 (linear feet)
Impact 99 &100 0(linear feet)
Culvert 45 (linear feet)
Dissipator 30 (linear feet)
Impact 101 0(linear feet) 5 (linear feet)
Impact 102 0(linear feet) 5 (linear feet)
Impact 103 & 104 0 (linear feet)
Culvert 40 (linear feet)
Dissipator 7 (linear feet)
Impact 105 0(linear feet) 5 (linear feet)
Impact 106 0(linear feet) 5 (linear feet)
Impact 107 & 108 0(linear feet)
Culvert 70 (linear feet)
Dissipator 30 (linear feet)
Impact 109 0(linear feet) 6(linear feet)
Impact 115 & 116 0 (linear feet)
Culvert 110(linear feet)
Dissipator 30(linear feet)
Impact 117 0(linear feet) _ 30(linear feet)
Impact 119 0(linear feet) 35 (linear feet)
Impact 120 0(linear feet) 25 (linear feet)
Impact 121 0(linear feet) 35 (linear feet)
Chatham Park North Village—404/401 Wetland Impacts
Impact Location 28 0.041 (acres) 0(acres)
Impact Location 28A 0.01 (acres) 0(acres)
Impact Location 50 0.111 (acres) 0(acres)
Impact Location 67 0 (acres) 0.008 (acres)
Impact Location 74 0.217 (acres) 0(acres)
Impact Location 118 0.032 (acres) 0(acres)
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This approval requires you to follow the conditions listed in the certification below.
CONDITIONS OF CERTIFICATION [15A NCAC 02H .0507(c)]:
1. Mitigation for Chatham Park North Village must be provided for the proposed impacts as specified in
the mitigation plan included in your permit application titled "Mitigation Plan, Revised August 2020"
and as revised below to reflect the Division's mitigation requirements and project phasing.The
Division acknowledges that the phasing of the impacts and associated mitigation, as well as the
mitigation provider(s) (i.e., DMS, mitigation bank, etc.), as described in the mitigation plan may
change. The Division shall be notified in writing of any changes to the mitigation plan and required
mitigation as outlined below. Changes will require written approval by the Division and may require
modification of this condition.
The Division has received an acceptance letter from the NC Division of Mitigation Services (DMS) to
meet this mitigation requirement. Until the DMS receives and clears your payment, and proof of
payment has been provided to this Office, no impacts specified in this Authorization Certificate for
each phase outlined in the mitigation plan submitted with the application and updated (Mitigation
Plan, Revised August 2020)shall occur. For accounting purposes,this Authorization Certificate
authorizes payment to the DMS to meet the following compensatory mitigation requirement:
Phase 1 Mitigation*:
Compensatory Mitigation River&Sub-basin Number
Required
Streams 611 linear feet Cape Fear(03030002)
Wetlands 0.051 (acres) Cape Fear(03030002)
*Phase 1 Impacts include 2, 3, 26, 27, 28, 28A, 35, 36, 39,40.
Phase 2 Mitigation**:
Compensatory Mitigation River&Sub-basin Number
Required
Streams 570 linear feet Cape Fear(03030002)
Wetlands 0.36 (acres) Cape Fear(03030002)
**Phase 2 Impacts include 30, 31,47,48, 50, 74, 76, 77, 79, 81, 82, 92, 93, 114, 118.
Phase 3 Mitigation***:
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Compensatory Mitigation River&Sub-basin Number
Required
Streams 575 linear feet Cape Fear(03030002)
***Phase 3 Impacts currently include 12, 13, 53, 54, 61, 62, 99, 100, 103, 104, 107, 108, 115,
116.
Citation: 15A NCAC 02H.0506(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 an tide gradation policy), the project must provide for replacement of existing
uses through compensatory mitigation.
2. Mitigation for NCDOT Chatham Park Way(R-5930)for must be provided for the proposed impacts as
specified in the tables below.The Division has received an acceptance letter from the NC Division of
Mitigation Services (DMS)to meet this mitigation requirement. Until the DMS receives and clears
your payment, and proof of payment has been provided to this Office, no impacts specified in this
Authorization Certificate shall occur. For accounting purposes,this Authorization Certificate
authorizes payment to the DMS to meet the following compensatory mitigation requirement:
Compensatory Mitigation River&Sub-basin Number
Required
Perennial Streams 663 linear feet Cape Fear(03030002)
Citation: 15A NCAC 02H.0506(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 an tide gradation policy), the project must provide for replacement of existing
uses through compensatory mitigation.
3. Any final construction plans for development within the Chatham Park North Village portion of this
project must include or reference the application and plans approved by the Division under this
authorization letter and certification. CPI shall evaluate all final construction plans for all phases of
the project, including any areas that are sold, leased, or otherwise constructed by others,to assure
that they are consistent, and all relative impacts are accounted for and shown on the application
documents.
Citation: 15A NCAC 02H.0502 (a)and 15A NCAC 02H.0506(b)(1)
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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. NCDOT shall submit final construction plans for the Chatham Park Way(R-5930) portion of this
project for review and approval by DWR. The final design of Chatham Park Way shall follow the
NCDOT Post-Construction Stormwater Plan and Stormwater Best Management Practices Toolbox
and that all stormwater measures shall be properly inspected and maintained in accordance with
NCDOT's National Pollutant Discharge Elimination System (NPDES) stormwater permit NCS000250.
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.
5. CPI shall ensure that all final construction plans for the development within Chatham Park North
Village portion of this project comply with the approved Master Stormwater Manual Additional
Element as approved by the Town. CPI shall evaluate all proposed SCM locations in detail to ensure
that downstream hydrology is provided to all jurisdictional features within the project limits. CPI
shall notify DWR if any future modifications occur to approved Master Stormwater Manual
Additional Element which would result in less stringent stormwater requirements for the overall
project.
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.
6. CPI shall notify all future buyers,tenants, and/or leases of the conditions of this certification,
particularly with attention to the requirements that may be above and beyond typical erosion
control and/or stormwater measures. CPI shall retain documentation of these communications and
provide them to DWR upon request.
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.
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7. NCDOT shall schedule and conduct a pre-construction meeting with the construction contractors,
NCDOT staff, and Division staff to review the conditions and requirements of the respective
certifications and permits for clarity and understanding before any impacts authorized in this
Certification occur.
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.
8. All sewer lines shall be designed, constructed and maintained in accordance with Title 15A NCAC
Chapter 02T, applicable Minimum Design Criteria (MDC), and/or Alternative Design Criteria.
Citation: 15A NCAC 02H.0506(b);15A NCAC 02H.0507(c)
Justification: The referenced Minimum Design criteria and 02T rules were adopted to ensure 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. Any utility construction corridor that is parallel to a stream or open water shall not be closer than 10
feet to the top of bank or ordinary high-water mark.
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 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.
10. Construction corridors in wetlands and/or across stream channels shall be minimized to the maximum
extent practicable and shall not exceed 40 feet wide for utility lines.
For construction corridors in wetlands and across stream channels, stumps shall be grubbed only as
needed to install the utility and remaining stumps shall be cut off at grade level. The general stripping
of topsoil within wetlands along the construction corridor is prohibited.
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 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.
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11. Permanent maintained access corridors in wetlands and across stream channels shall be restricted to
the minimum width practicable and shall not exceed 30 feet wide except at manhole locations.
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 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. For all utility lines constructed within wetlands, an anti-seep collar shall be placed at the downstream
(utility line gradient) wetland boundary and every 150 feet up the gradient until the utility exits the
wetland. Anti-seep collars may be constructed with class B concrete, compacted clay, PVC pipe, or
metal collars. Wetland crossings that are directionally drilled, and perpendicular wetland crossings
that are open cut and less than 150 feet long do not require anti-seep collars. The compacted clay
shall have a specific infiltration of 1 X 10'cm/sec or less. A section and plan view diagram is attached
for the anti-seep collars.
The following specifications shall apply to class B concrete:
i. Minimum cement content, sacks per cubic yard with rounded coarse aggregate 5.0
ii. Minimum cement content, sacks per cubic yard with angular coarse aggregate 5.5
iii. Maximum water-cement ratio gallons per sack 6.8
iv. Slump range 2" to 4"
v. Minimum strength—28-day psi 2,500
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 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 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 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.
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14. 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.
15. 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.
16. All activities shall be in compliance with any applicable State Regulated Riparian Buffer Rules in
Chapter 2B of Title 15A in the North Carolina Administrative Code.
Citation: 15A NCAC 02H.0506(b);15A NCAC 02H.0507(c)
Justification: The referenced Riparian Buffer rules were adopted to address water quality
impairments and further protect existing uses.
17. 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), the Chatham County Soil Erosion and
Sedimentation Control Ordinance, as well as 15A NCAC 04B .0124: Design Standards for Sensitive
Watersheds items (b), (c) and (e).
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 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)
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Materials producing color or odor shall not be present in amounts that may cause adverse impacts
on existing wetland uses.
18. 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 026.0200; 15A NCAC 028
.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;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.
19. 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.
20. If the project is covered by NPDES Construction Stormwater Permit Number NCG010000 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 026.0200; 15A NCAC
026.0231
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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.
21. 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);1SA NCAC 02H.0507(c);15A NCAC 02E3.0200
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
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.
22. In-stream structures installed to mimic natural channel geomorphology such as cross-vanes, sills,
step-pool structures, etc. shall be designed and installed in such a manner that allow for continued
aquatic life movement.
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 in-stream structures are installed
properly will ensure that surface water quality standards are met and conditions of waters are
suitable for all best uses.
23. 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
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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.
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 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.
24. Bridge deck drains shall not discharge directly into streams or wetlands. Stormwater shall be
directed across the bridge and pre-treated through site-appropriate means to the maximum extent
practicable (e.g. grassed swales, pre-formed scour holes,vegetated buffers, etc.) before entering
streams or wetlands.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c)
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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 in-stream structures are installed
properly will ensure that surface water quality standards are met and conditions of waters are
suitable for all best uses.
25. 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 028.0200;15A NCAC 028.0231
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)Materials producing
color or odor shall not be present in amounts that may cause adverse impacts on existing wetland
uses.
26. 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 028.0231
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)Materials producing
color or odor shall not be present in amounts that may cause adverse impacts on existing wetland
uses.
27. 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 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. Protections are necessary to ensure any remaining
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surface waters or wetlands, and any surface waters or wetlands downstream, continue to support
existing uses after project completion.
28. 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 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.
29. 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.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.
30. Any rip-rap used for stream 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.
31. 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
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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 028.0200;15A NCAC 028
.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.
32. 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.
33. 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.
34. 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)
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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.
35. The permittee shall require its contractors and/or agents to comply with the terms and conditions of
this permit in the construction and maintenance of this project and shall provide each of its
contractors and/or agents associated with the construction or maintenance of this project with a
copy of this General Certification. A copy of this General 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 General 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 or CAMA 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 315t day of March 2021
S. Daniel Smith, Director
Division of Water Resources
PAW/SLH
WQC004228