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HomeMy WebLinkAboutNON-JD GP - draft to PN STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER RESOURCES STATE GENERAL PERMIT FOR IMPACTS TO FEDERALLY NON-JURISDICTIONAL WETLANDS AND FEDERALLY NON-JURISDICTIONAL CLASSIFIED SURFACE WATERS PERMIT NUMBER: NJGP100000 FOR PROJECTS IMPACTING LESS THAN OR EQUAL TO ONE (1) ACRE OF FEDERALLY NON-JURISDICTIONAL WETLANDS OR OPEN WATERS AND/OR LESS THAN OR EQUAL TO THREE HUNDRED (300) FEET OF FEDERALLY NON-JURISDICTIONAL STREAMS In accordance with the provision of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other lawful standards and regulations, including 15A NCAC 02H .1400 and 15A NCAC 02B .0200, promulgated and adopted by the North Carolina Environmental Management Commission, permission is hereby granted to all owners or operators of activities which are covered by this permit as evidenced by receipt of a Certificate of Coverage from the Division of Water Resources in accordance with the conditions set forth in this General Permit. The State of North Carolina certifies that the specified category of activity will not violate applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95- 217 if conducted in accordance with the conditions hereinafter set forth. This General Permit shall become effective on EFFECTIVE DATE. This General Permit shall expire on EXPIRATION DATE or unless otherwise rescinded after public notice or until deemed appropriate by the Director of the NC Division of Water Resources. Effective date: EFFECTIVE DATE Signed this day: By _______________________________ S. Daniel Smith Director NJGP100000 Page 2 of 8 Activities that impact less than or equal to one (1) acre of federally non-jurisdictional wetlands or open waters, and/or equal to or less than three hundred (300) feet of federally non- jurisdictional streams qualify for coverage under this General Permit upon issuance of a Certificate of Coverage by the Division of Water Resources. Activities that are deemed to be permitted pursuant to 15A NCAC 02H .1405 do not require coverage under this General Permit. In accordance with 15A NCAC 02H .1403(f), the Director of the North Carolina Division of Water Resources may require submission of a formal application for Individual Permit for any project if it is deemed in the public’s best interest or determined that the project is likely to have a significant adverse effect upon water quality, including state or federally listed endangered or threatened aquatic species, or will degrade the waters so that existing uses of the waters or downstream waters are precluded. GENERAL CONDITIONS: 1. If this General Permit 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 General Permit must be buildable without additional impacts to streams or wetlands. Citation: 15A NCAC 02H .1402(a);15A NCAC 02H .1405(b); 15A NCAC 02H .1404(c) 2. For road construction purposes, this General Permit shall only be utilized from natural high ground to natural high ground. Citation: 15A NCAC 02H .1402(a);15A NCAC 02H .1405(b); 15A NCAC 02H .1404(c) 3. Deed notifications or similar mechanisms shall be placed on all lots/parcels with retained wetlands, waters, and state regulated riparian buffers within the project boundaries in order to assure compliance with NC Water Quality Certification Rules (15A NCAC 02H .0500), NC Isolated Wetland Rules (15A NCAC 02H .1300), Federally Non-Jurisdictional Wetland Rules (15A NCAC 02H .1400) 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 .1402(a);15A NCAC 02H .1405(b); 15A NCAC 02H .1404(c) 4. For all dam removal projects meeting the definition under G.S. 143-215.25 and requirements under G.S. 143-215.27 of a professionally supervised dam removal, the applicant shall provide documentation that any sediment that may be released has similar or lower level of contamination than sediment sampled from downstream of the dam in accordance with Session Law 2017-145. Citation: 15A NCAC 02H .1402; 15A NCAC 02H .1405(b); 15A NCAC 02H .1404(c); 15A NCAC02B .0200; S.L. 2017-145; 5. If this General Permit is used for utility related impacts, then the following Conditions shall apply to those impacts. a. 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 .1405(b); 15A NCAC 02H .1404(c) NJGP100000 Page 3 of 8 b. 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 .1405(b); 15A NCAC 02H .1404(c) c. Where there are temporary or permanent impacts from stream crossings, utility lines shall cross the stream channel at a near-perpendicular direction (i.e., between 75 degrees and 105 degrees to the stream bank). Citation: 15A NCAC 02H .1405(b); 15A NCAC 02H .1404(c) d. Construction corridors in wetlands and/or across stream channels shall be minimized to the maximum extent practicable and shall not exceed 50 feet wide for oil and gas utility lines and 40 feet wide for all other 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 .1405(b); 15A NCAC 02H .1404(c) e. 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 .1405(b); 15A NCAC 02H .1404(c) f. 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 10-5 cm/sec or less. Citation: 15A NCAC 02H .1405(b); 15A NCAC 02H .1404(c) 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 g. 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 .1405(b); 15A NCAC 02H .1404(c) NJGP100000 Page 4 of 8 6. The permittee shall report to the DWR 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 .1405(b); 15A NCAC 02H .1404(c) 7. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the footprint of the impacts (including temporary impacts) established in a Certificate of Coverage for use of this General Permit. Citation: 15A NCAC 02H .1405; 15A NCAC 02H .1404(c) 8. 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 .1405(b); 15A NCAC 02H .1404(c) 9. 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 sedimentation and erosion control designs shall comply with the requirements set forth in 15A NCAC 04B .0124, Design Standards in Sensitive Watersheds. Citation: 15A NCAC 02H .1405(b)(2); 15A NCAC 02H .1404(c); 15A NCAC02B .0200; 15A NCAC 02B .0231 10. 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 NJGP100000 Page 5 of 8 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 .1405(b); 15A NCAC 02H .1404(c); 15A NCAC02B .0200; 15A NCAC 02B .0231 11. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used along streambanks or within wetlands. Citation: 15A NCAC 02H .1405(b); 15A NCAC 02H .1404(c) 12. 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. The North Carolina Department of Transportation (NCDOT) shall be required to be in full compliance with the conditions related to construction activities within the most recent version of their Individual NPDES Stormwater Permit Number NCS000250. Citation: 15A NCAC 02H .1405(b); 15A NCAC 02H .1404(c); 15A NCAC 02B .0200; 15A NCAC 02B .0231 13. 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 .1405(b); 15A NCAC 02H .1404(c); 15A NCAC 02B .0200 14. If activities must occur during periods of high biological activity (e.g. sea turtle nesting, fish spawning, or bird nesting), then biological monitoring may be required at the request of other state or federal agencies and coordinated with these activities. All moratoriums on construction activities established by the NC Wildlife Resources Commission (WRC), US Fish and Wildlife Service (USFWS), NC Division of Marine Fisheries (DMF), or National Marine Fisheries Service (NMFS) shall be implemented. Exceptions to this condition require written approval by the resource agency responsible for the given moratorium. Work within a designated trout watershed of North Carolina (as identified by the Wilmington District of the US Army Corps of Engineers,) or identified state or federal endangered or threatened species habitat, shall be coordinated with the appropriate WRC, USFWS, NMFS, and/or DMF personnel. Citation: 15A NCAC 02H .1405(b); 15A NCAC 02H .1404(c); 15A NCAC 04B .0125 15. 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 NJGP100000 Page 6 of 8 continued aquatic life movement. Citation: 15A NCAC 02H .1405(b); 15A NCAC 02H .1404(c) 16. Culverts shall be designed and installed in such a manner that the original stream profiles are not altered and allow for aquatic life movement during low flows. The dimension, pattern, and profile of the stream above and below a pipe or culvert shall not be modified by widening the stream channel or by reducing the depth of the stream in connection with the construction activity. The width, height, and gradient of a proposed culvert shall be such as to pass the average historical low flow and spring flow without adversely altering flow velocity. If the width of the culvert is wider than the stream channel, the culvert shall include multiple boxes/pipes, baffles, benches and/or sills to maintain the natural width of the stream channel. If multiple culverts/pipes/barrels are used, low flows shall be accommodated in one culvert/pipe and additional culverts/pipes shall be installed such that they receive only flows above bankfull. Placement of culverts and other structures in streams shall be below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20% of the culvert diameter for culverts having a diameter less than or equal to 48 inches, to allow low flow passage of water and aquatic life. If the culvert outlet is submerged within a pool or scour hole and designed to provide for aquatic passage, then culvert burial into the streambed is not required. For structures less than 72” in diameter/width, and topographic constraints indicate culvert slopes of greater than 2.5% culvert burial is not required, provided that all alternative options for flattening the slope have been investigated and aquatic life movement/connectivity has been provided when possible (e.g. rock ladders, cross-vanes, sills, baffles etc.). Notification, including supporting documentation to include a location map of the culvert, culvert profile drawings, and slope calculations, shall be provided to DWR 30 calendar days prior to the installation of the culvert. When bedrock is present in culvert locations, culvert burial is not required, provided that there is sufficient documentation of the presence of bedrock. Notification, including supporting documentation such as a location map of the culvert, geotechnical reports, photographs, etc. shall be provided to DWR a minimum of 30 calendar days prior to the installation of the culvert. If bedrock is discovered during construction, then DWR shall be notified by phone or email within 24 hours of discovery. 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 .1405(b); 15A NCAC 02H .1404(c) NJGP100000 Page 7 of 8 17. Bridge deck drains shall not discharge directly into the stream. 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 the stream. Citation: 15A NCAC 02H .1405(b); 15A NCAC 02H .1404(c) 18. 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 .1405(b); 15A NCAC 02H .1404(c); 15A NCAC 02B .0231 19. 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 .1405(b); 15A NCAC 02H .1404(c); 15A NCAC 02B .0200 20. All proposed and approved temporary fill and culverts shall be removed and the impacted area shall be returned to natural conditions within 60 calendar days after the temporary impact is no longer necessary. The impacted areas shall be restored to original grade, including each stream’s original cross-sectional dimensions, planform pattern, and longitudinal bed profile. All temporarily impacted sites shall be restored and stabilized with native vegetation. Citation: 15A NCAC 02H.1405(b); 15A NCAC 02H .1404(c) 21. All proposed and approved temporary pipes/culverts/rip-rap pads etc. in streams 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. Citation: 15A NCAC 02H .1405(b); 15A NCAC 02H .1404(c) 22. Any rip-rap required for proper culvert placement, stream stabilization, or restoration of temporarily disturbed areas shall be restricted to the area directly impacted by the approved construction activity. All rip-rap shall be placed such that the original streambed elevation and streambank contours are restored and maintained and shall consist of clean rock or masonry material free of debris or toxic pollutants. Placement of rip-rap or other approved materials shall not result in de-stabilization of the stream bed or banks upstream or downstream of the area or be installed in a manner that precludes aquatic life passage. Citation: 15A NCAC 02H .1405(b); 15A NCAC 02H .1404(c) 23. 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 .1405(b); 15A NCAC 02H .1404(c); 15A NCAC 02B .0201 NJGP100000 Page 8 of 8 24. Rip-rap groins proposed in accordance with 15A NCAC 07H .1401 (NC Division of Coastal Management General Permit for construction of Wooden and Rip-rap Groins in Estuarine and Public Trust Waters) shall meet all the specific conditions for design and construction specified in 15A NCAC 07H .1405. Citation: 15A NCAC 02H .1404(c); 15A NCAC 07H .1400 et seq. 25. 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 .1405(b); 15A NCAC 02H .1404(c); 15A NCAC 02B .0200 26. 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 .1405(b); 15A NCAC 02H .1404(c); 15A NCAC 02B .0231 27. 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 .1404(c); N.C.G.S 143-215.85(b) 28. 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 .1405(b); 15A NCAC 02H .1404(c) 29. 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 Permit. A copy of this General Permit shall be available at the project site during the construction and maintenance of this project. Citation: 15A NCAC 02H .1405(b); 15A NCAC 02H .1404(c)