HomeMy WebLinkAbout20240815 Ver 1_Approval Letter_20240806 F,M.STATE Q
ROY COOPER u = o
Governor
ELIZABETH S.BISER _ a2
Secretary `$QUMr'�"'
RICHARD E.ROGERS,JR. NORTH CAROLINA
Director Environmental Quality
August 6, 2024
DWR#20240815
Guilford County
Harrell Land Holdings, LLC
Attn: Chad Harrell
7492 Bethel View Court
Oak Ridge, NC 27310
Delivered via email to: charrell@precast-solutions.com
Subject: Approval of Individual 401 Water Quality Certification
Harrell Property Driveway Replacement
2013 Beeson Road
Latitude/Longitude: 36.143883, -80.017472
USACE Action ID. No. SAW-2024-01186
Dear Mr. Harrell:
Attached hereto is a copy of Certification No. WQC007076 issued to Chad Harrell and Harrell Land
Holdings, LLC, dated August 6, 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
DUF Q�� North Carolina Department of Environmental Quality I Division of Water Resources
Winston-Salem Regional Office 1 450 W.Hanes Mill Rd,Suite 300 1 Winston-Salem,North Carolina 27105
of r�,��.�maWo�„i\ r 336.776.9800
Harrell Property Driveway Replacement
DWR#20240815
Individual Certification#WQC007076
Page 2 of 9
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 Winston-Salem 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 Winston-Salem 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]. Please be
aware that impacting waters without first applying for and securing the issuance of a 401 Water
Quality Certification violates Title 15A of the North Carolina Administrative Code (NCAC) 2H .0500.
Title 15A NCAC 2H .0500 requires certifications pursuant to Section 401 of the Clean Water Act
whenever construction or operation of facilities will result in a discharge into navigable waters,
including wetlands, as described in 33 Code of Federal Regulations(CFR) Part 323. It also states any
person desiring issuance of the State certification or coverage under a general certification required
by Section 401 of the Federal Water Pollution Control Act shall file with the Director of the North
Carolina Division of Water Quality. Pursuant to G.S. 143-215.6A,these violations and any future
violations are subject to a civil penalty assessment of up to a maximum of$25,000.00 per day for each
violation.
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
North Carolina Department of Environmental Quality I Division of Water Resources
D E Q�� Winston-Salem Regional Office 1450 W.Hanes Mill Rd,Suite 300 1 Winston-Salem,North Carolina 27105
NORTH CAROUNA _
Depwbnwd ofEW—m-10-I o 336.776.9800
Harrell Property Driveway Replacement
DWR#20240815
Individual Certification#WQC007076
Page 3 of 9
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 Seren Homer at 336-776-9698 or seren.homer@deg.nc.Rov if you have any
questions or concerns.
Sincerely,
DocuSigned by:
� , 4. -! Vke ►-
OD2D3CE3F1B7456_.
Jennifer F. Graznak
Assistant Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ—WSRO
Electronic cc: Cynthia Lancaster, LJB Engineering PC
Laura Meyer, USACE Raleigh Regulatory Field Office
Olivia Munzer, NC Wildlife Resources Commission
Sean Taylor,Town of Oak Ridge
DWR 401 & Buffer Permitting Branch Electronic File
North Carolina Department of Environmental Quality I Division of Water Resources
D E Q�� Winston-Salem Regional Office 1450 W.Hanes Mill Rd,Suite 300 1 Winston-Salem,North Carolina 27105
NORTH CAROLINA _
Depwbnwd ofEW—m-10-I o 336.776.9800
Harrell Property Driveway Replacement
DWR#20240815
Individual Certification#WQC007076
Page 4 of 9
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #WQC007076 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 0213 .0200,within the Reasonable Period of Time pursuant to 40 CFR Part 121.6,to Chad
Harrell and Harrell Land Holdings, LLC,who have authorization for the impacts listed below, as described
within the application received by the N.C. Division of Water Resources (DWR or Division) on July 3, 2024
and subsequent information received on July 17, 2024, and by Public Notice issued by the Division on June
17, 2024.
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)].
Site/ Amount Approved Amount Approved Mitigation
Feature ID Type of Impact Permanent Temporary Amount
Required
Perennial Streams
S1/ Culvert 24 linear feet 0 linear feet 0 credits
Beaver Creek
S2/ Channel Realignment 22 linear feet 0 linear feet 0 credits
Beaver Creek
S3/ Channel Realignment/ 0 linear feet 73 linear feet 0 credits
Beaver Creek Construction Access
Totals: 46 linear feet 73 linear feet 0 credits
This approval requires you to follow the conditions listed in the certification below.
CONDITIONS OF CERTIFICATION [15A NCAC 02H .0507(c)]:
1. If this Water Quality Certification is used to access residential, commercial, or industrial building
sites,then all parcels owned by the Permittee that are part of the single and complete project
authorized by this Certification must be buildable without additional impacts to streams or
wetlands.
Citation:15A NCAC 02H.0502(a);15A NCAC 02H.0506(b);15A NCAC 02H.0507(c)
2. For road construction purposes,this Certification shall only be utilized from natural high ground to
natural high ground.
Citation:15A NCAC 02H.0502(a);15A NCAC 02H.0506(b);15A NCAC 02H.0507(c)
3. Deed notifications or similar mechanisms shall be placed on all lots/parcels with retained
jurisdictional wetlands, waters, and state regulated riparian buffers within the project boundaries
D E Q�J/ North Carolina Department of Environmental Quality I Division of Water Resources
!� Winston-Salem Regional Office 1 450 W.Hanes Mill Rd,Suite 300 1 Winston-Salem,North Carolina 27105
NORTH CAROLINA _
336.776.9800
Harrell Property Driveway Replacement
DWR#20240815
Individual Certification#WQC007076
Page 5 of 9
in order to assure compliance with NC Water Quality Certification Rules (15A NCAC 02H .0500)
and/or State Regulated Riparian Buffer Rules (15A NCAC 02B .0200). These mechanisms shall be
put in place at the time of recording of the property or individual parcels,whichever is
appropriate.
Citation: 15A NCAC 02H.0502(a),15A NCAC 02H.0506(b),15A NCAC 02H.0507(c)
4. 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)
5. The permittee shall report to the DWR Winston-Salem 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)
6. 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)
7. When applicable, all construction activities shall be performed and maintained in full
compliance with G.S. Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973).
Regardless of applicability of the Sediment and Pollution Control Act, all projects shall
incorporate appropriate Best Management Practices for the control of sediment and erosion so
that no violations of state water quality standards, statutes, or rules occur.
Design, installation, operation, and maintenance of all sediment and erosion control measures
shall be equal to or exceed the requirements specified in the most recent version of the North
Carolina Sediment and Erosion Control Manual, or for linear transportation projects,the North
Caroline Department of Transportation Sediment and Erosion Control Manual.
All devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil)sites,
including contractor-owned or leased borrow pits associated with the project. Sufficient
materials required for stabilization and/or repair of erosion control measures and stormwater
routing and treatment shall be on site at all times.
For borrow pit sites,the erosion and sediment control measures shall be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Surface Mining Manual. Reclamation measures and implementation shall comply with the
reclamation in accordance with the requirements of the Sedimentation Pollution Control Act
and the Mining Act of 1971.
If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs), SA, WS-
I, WS-II, High Quality Waters (HQW), or Outstanding Resource Waters (ORW),then the
D E Q�J/ North Carolina Department of Environmental Quality I Division of Water Resources
!� Winston-Salem Regional Office 1 450 W.Hanes Mill Rd,Suite 300 1 Winston-Salem,North Carolina 27105
NORTH CAROLINA _
336.776.9800
Harrell Property Driveway Replacement
DWR#20240815
Individual Certification#WQC007076
Page 6 of 9
sedimentation and erosion control designs shall comply with the requirements set forth in 15A
NCAC 0413 .0124, Design Standards in Sensitive Watersheds.
Citation: 15A NCAC 02H.0506(b);15A NCAC 02H.0507(c),15A NCACO28.0200,15A NCAC 02B
.0231
8. 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
9. 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)
10. 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 028.0200;15A NCAC 02B
.0231
11. 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 028.0200
12. Culverts shall be designed and installed in such a manner that the original stream profiles are
not altered and allow for aquatic life movement during low flows. The dimension, pattern, and
profile of the stream above and below a pipe or culvert shall not be modified by widening the
stream channel or by reducing the depth of the stream in connection with the construction
activity. The width, height, and gradient of a proposed culvert shall be such as to pass the
average historical low flow and spring flow without adversely altering flow velocity. If the width
of the culvert is wider than the stream channel,the culvert shall include multiple boxes/pipes,
baffles, benches and/or sills to maintain the natural width of the stream channel. If multiple
culverts/pipes/barrels are used, low flows shall be accommodated in one culvert/pipe and
additional culverts/pipes shall be installed such that they receive only flows above bankfull.
D E Q�J/ North Carolina Department of Environmental Quality I Division of Water Resources
!� Winston-Salem Regional Office 1 450 W.Hanes Mill Rd,Suite 300 1 Winston-Salem,North Carolina 27105
NORTH CAROLINA _
336.776.9800
Harrell Property Driveway Replacement
DWR#20240815
Individual Certification#WQC007076
Page 7 of 9
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)
13. 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.0200; 15A NCAC 02B.0231
14. 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 028.0200;15A NCAC 028.0231
15. 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
D E Q�J/ North Carolina Department of Environmental Quality I Division of Water Resources
!� Winston-Salem Regional Office 1 450 W.Hanes Mill Rd,Suite 300 1 Winston-Salem,North Carolina 27105
NORTH CAROLINA _
336.776.9800
Harrell Property Driveway Replacement
DWR#20240815
Individual Certification#WQC007076
Page 8 of 9
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)
16. 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)
17. 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)
18. 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
19. 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
20. 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
21. 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
D E Q�J/ North Carolina Department of Environmental Quality I Division of Water Resources
!� Winston-Salem Regional Office 1 450 W.Hanes Mill Rd,Suite 300 1 Winston-Salem,North Carolina 27105
NORTH CAROLINA _
336.776.9800
Harrell Property Driveway Replacement
DWR#20240815
Individual Certification#WQC007076
Page 9 of 9
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)
22. 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)
23. 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)
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 Section 404 Permit. The conditions in effect on the
date of issuance shall remain in effect for the life of the project, regardless of the expiration date of this
Certification [15A NCAC 02H .0507(c)].
This, the 6"day of August 2024
DocuSigned by:
4. _'!�vkeAK
2D3CE3F187 OD456...
Jennifer F. Graznak
Assistant Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ—WSRO
North Carolina Department of Environmental Quality I Division of Water Resources
D E Q�� Winston-Salem Regional Office 1450 W.Hanes Mill Rd,Suite 300 1 Winston-Salem,North Carolina 27105
NORTH CAROLINA _
Depwbnwd ofEW—m-10ua1\ �/ 336.776.9800