HomeMy WebLinkAbout20191631 Ver 2_ePCN Application_20210623DWR
mrlslon of Water Resources
Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
June 1, 2021 Ver4.1
Initial Review
Has this project met the requirements for acceptance in to the review process?*
r Yes
r No
Is this project a public transportation project?*
r Yes r No
Change only if needed.
BIMS # Assigned
20191631
Is a payment required for this project?*
r No payment required
r Fee received
r Fee needed - send electronic notification
Reviewing Office*
Fayetteville Regional Office - (910) 433-3300
Information for Initial Review
la. Name of project:
Providence Creek Modification
la. Who is the Primary Contact?*
Deborah Shirley
1b. Primary Contact Email:*
dshirley@sandec.com
Date Submitted
6/23/2021
Nearest Body of Water
Neills Creek (Neals Creek)
Basin
Cape Fear
Water Classification
WS-IV
Site Coordinates
Latitude: Longitude:
35.472022-78.808741
A. Processing Information
County (or Counties) where the project is located:
Harnett
Is this a NCDMS Project
r Yes r No
Is this project a public transportation project?*
r Yes r No
Pre -Filing Meeting Information
Version#*
2
What amout is owed?*
r $240.00
IT $570.00
Select Project Reviewer*
Chad Turlington:eads\ccturlington
1c. Primary Contact Phone:*
(919)846-5900
Is this a courtesy copy notification?*
r Yes r No
ID#
201901631
Pre -fling Meeting or Request Date
4/2/2021
Attach documentation of Pre -Filing Meeting Request here:
pick the upload button or drag and drop files here to attach document
DWR Pre -Filing Meeting Request Form.pdf
File type rtust be FCF
1a. Type(s) of approval sought from the Corps:
W Section 404 Permit (wetlands, streams and waters, Clean Water Act)
r Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
Has this PCN previously been submitted?*
IT Yes
r No
Please provide the date of the previous submission.*
11 /26/2019
1b. What type(s) of permit(s) do you wish to seek authorization?
W Nationwide Permit (NWP)
r Regional General Permit (RGP)
r Standard (IP)
1c. Has the NWP or GP number been verified by the Corps?
r Yes r No
Nationwide Permit (NWP) Number:
NWP Numbers (for multiple NWPS):
1d. Type(s) of approval sought from the DWR:
r 401 Water Quality Certification - Regular
r Non-404 Jurisdictional General Permit
W Individual 401 Water Quality Certification
Version
Version 2
29 - Residential Developments
le. Is this notification solely for the record because written approval is not required?
For the record only for DWR 401 Certification:
For the record only for Corps Permit:
51.65KB
r 401 Water Quality Certification - Express
r Riparian Buffer Authorization
1f. Is this an after -the -fact permit application?*
r Yes r No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
r Yes IT No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
r Yes r No
1h. Is the project located in any of NC's twenty coastal counties?
r Yes IT No
1j. Is the project located in a designated trout watershed?
r Yes r No
B. Applicant Information
1d. Who is applying for the permit?
r Owner 9 Applicant (other than owner)
le. Is there an Agent/Consultant for this project?*
r Yes r No
2. Owner Information
2a. Name(s) on recorded deed:
Harnett Central Holdings, LLC
2b. Deed book and page no.:
DB: 3734; DP: 952
*
r Yes r No
r Yes r No
2c. Contact Person:
Harvey Montague
2d.Address
Street Address
10305 Penny Road
Address tine 2
city
Raleigh
Postal / Zip Code
27606
2e. Telephone Number:
(919)868-3580
2g. Email Address:*
handtniontague@earthlink.net
2a. Name(s) on recorded deed:
Mattamy Homes, LLC
2b. Deed book and page no.:
DB: 3777 DP: 0120 and DB: 3909 DP: 0134
2c. Contact Person:
Michael Brown
2d.Address
Street Address
1210 Trinity Road, Suite 102
Address tine 2
city
Cary
Postal / Zip Code
27513
2e. Telephone Number:
(919)902-0823
2g. Email Address:*
michael.brown@maftamycorp.com
3. Applicant Information (if different from owner)
3a. Name:
Michael Brown
3b. Business Name:
Mattamy Homes, LLC
3c.Address
Street Address
1210 Trinity Road, Suite 102
Address Line 2
City
Cary
Postal / Zip Code
27513
3d. Telephone Number:
(919)902-0823
3f. Email Address:*
michael.brovwi@niattamycorp.com
4. Agent/Consultant (if applicable)
4a. Name:
Deborah Shirley
4b. Business Name:
Soil & Environmental Consultants, PA
4c.Address
State / Rovince / Region
NC
Country
USA
2f. Fax Number:
Slate / Rovince / Region
NC
Country
USA
2f. Fax Number:
State / Province / Region
NC
Country
USA
3e. Fax Number:
Street Address
8412 Falls of Neuse Road, Suite 104
Address tine 2
City
State / Rovince / Ifgion
Raleigh
NC
Postal / Zip Code
Country
27615
USA
4d. Telephone Number:
4e. Fax Number:
(919)846-5900
(919)846-9467
4f. Email Address:*
dshirley@sandec.com
C. Project Information and Prior Project History U
1. Project Information
1b. Subdivision name:
(d appropriate)
1c. Nearest municipality / town:
Fuquay-Varina
2. Project Identification
2a. Property Identification Number:
0652-65-9522, 0652-65-0753, 0652-64-6574,
0652-63-6280 & 0652-64-0308
2c. Project Address
Street Address
1370 Ballard Road
Address Line 2
City
Fuquay-Varina
Postal / Zip Code
27526
3. Surface Waters
3a. Name of the nearest body of water to proposed project:*
Wills Creek (heals Creek)
3b. Water Resources Classification of nearest receiving water:*
WS-IV
3c. What river basin(s) is your project located in?*
Cape Fear
3d. Please provide the 12-digit HUC in which the project is located.
030300040501
4. Project Description and History
2b. Property size:
+/- 231
State / Province / Region
NC
Country
USA
4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:*
Existing conditions consist of wooded land, agricultural fields, a residential structure and a 40' public Harnett County Sanitary sewer Easement at two locations along the eastern side of
the property. Wills Creek bounds the southeastern property with adjacent wetlands and three perennial tributaries that flow into Wills Creek cross the property. These perennial
tributaries have adjacent wetlands and one of which (stream C) is intermittent above it's confluence with stream D. The general use in the vicinity of the project is rural residential.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?*
r Yes r No r Unknown
If yes, please give the DWR Certification number or the Corps Action ID (exp. SAW-0000-00000).
A Section 404 Nationwide Permit 29 and 12 verification was issued on January 15, 2020 (SAW-2019-00611). A Section 401 Water Quality Certification Approval was issued on January
17, 2020 (DWR #19-1631). Compensatory mitigation was a special condition of the Nationwide Permit verification for permanent loss stream and permanent -no permanent loss wetland
impacts. Compensatory mitigation has been paid, please see attached payment receipt.
4f. List the total estimated acreage of all existing wetlands on the property:
Approximately 34 acres (1,480,972 SF)
4g. List the total estimated linear feet of all existing streams on the property:
Approximately 7,609 linear feet
4h. Explain the purpose of the proposed project:*
The purpose of this project is to extend two (2) culverts for the two (2) previously authorized road crossings to meet NCDOT design standards for a residential development.
41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:*
The overall project consists of the modification of two road crossings to meet NCDOT design standards. Specifically, "Culverts must be long enough to accommodate the proposed
typical roadway section and a 2:1 fill slope, or flatter, from shoulder point to the crown of structure or roof slab (not headwall)." This design modification will result in additional stream
impacts. Equipment typically used for construction and earthwork such as backhoes, bulldozers, excavators, graders, pavers etc. will be utilized for this project.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
r Yes r No C Unknown
Comments:
5b. If the Corps made a jurisdictional determination, what type of determination was made?*
r Preliminary r Approved r Not Verified C Unknown r N/A
Corps AID Number:
SAW-2019-00611
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Alex Adams
Agency/Consultant Company: Adams Soil Consulting, PLLC
Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made bythe Corps or DWR
Per information provided, Alex Adams met with Emily Greer on June 13, 2019.
6. Future Project Plans
6a. Is this a phased project?*
r Yes C No
6b. If yes, explain.
Yes, but phased through construction activities.
Are anyother NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity?
It is my understanding that there are no other MVP's, Regional General Permits, Individual Permits that are intended to be used to authorize any part of the proposed project. The
history on the permitting and construction of the existing sanitary sewer that is located on the eastern side of the property is unknown.
D. Proposed Impacts Inventory
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
W Wetlands W Streams -tributaries ❑ Buffers
r Open Waters r Pond Construction
2. Wetland Impacts
a. Site #*(?) 2a1 Reason (?) 2b. Impact type*(?) 2c. Type of W.* 2d. W. name * 2e. Forested* 2f. Type of 2g. Impact
Jurisdicition * M area*
_11
npact 1 (W-10) Road Crossing ��T Bottomland Hardwood Forest Wetland P Yes Both 0.009
(Construction Access) (acres)
2g. Total Temporary Wetland Impact
0.009
2g. Total Wetland Impact
0.009
21. Comments:
3. Stream Impacts
2g. Total Permanent Wetland Impact
0.000
3a. Reason for impact (?) 3b.lmpact type" 3c. Type of impact" 3d. S. name" 3e. Stream Type" 3f. Type of 3g. S. width" 3h. Impact
(?) Jurisdiction* i length*
S1 Impact 1 (S-1 B) -Road Permanent Culvert Stream F Perennial Both 2 138
Crossing Culvert i i i Average(feet) i (lirearfeet)
S2
Impact 1 (S-1C) - Road
Permanent
Other
Stream F
Perennial
Both
2
28
Crossing-Riprap
Average (feet)
(lirrfeet)
(Permanent -no permanent
loss)
S3
Impact 1 (S-1A & S-1 D) -
Temporary
Other
Stream F
Perennial
Both
2
22
Road Crossing - Temporary
Average (feet)
(li �r feet)
Construction Access
S4
Impact 2 S-2B Road
P ( )-
Permanent
Culvert
Stream F
Perennial
Both
2
110
Crossing Culvert
Average (feet)
(lirfeet)
S5
Impact 2 (S-2C) - Road
Permanent
Other
Stream F
Perennial
Both
2
24
Crossing-Riprap
Average (feet)
(linearfeet)
(Permanent -no permanent
loss)
S6
Impact 2 (S-2A & S-2D) -
Temporary
Other
Stream F
Perennial
Both
2
38
Road Crossing - Temporary
Average (feet)
(linearfeet)
Construction Access
31. Total jurisdictional ditch impact in square feet:
31. Total permanent stream impacts:
300
31. Total stream and ditch impacts:
360
31. Total temporary stream impacts:
3j. Comments:
Total permanent loss stream = 248 LF (483 SF); Total permanent -no permanent loss stream = 52 LF (92 SF); Temporary Stream impacts = 60 LF
(125 SF).
E. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
S&EC completed a wetland delineation for the entire property in order to identify natural resources so that impacts could be avoided & minimized to
the maximum extent practicable. Impact #1 is a proposed road crossing necessary to access the southern areas of the property. Proposed impacts
include permanent perennial stream impacts for a proposed culvert and headwalls, permanent -no permanent loss stream impacts for a riprap
dissipator pad (riprap to be keyed into stream bed and not exceed pre -construction stream bed elevations), and temporary stream and wetland
impacts for construction activities (i.e. pump around/coffer dams). Impacts have been minimized by utilizing headwall/retaining wall and crossing at a
near perpendicular angle. Impact #2 is a proposed road crossing necessary to access the property from Harnett Central Road. Proposed impacts
include permanent perennial stream impacts for a proposed culvert and headwalls, permanent -no permanent loss stream impacts for a riprap
dissipator pad (riprap to be keyed into stream bed and not exceed pre -construction stream bed elevations), and temporary stream impacts for
construction activities (i.e. pump around/coffer dams). Impacts have been minimized by utilizing headwall/retaining wall and crossing at a near
perpendicular angle. This impact is necessary because Phases 1 & 2 will be constructed initially, with Phases 3-9 happening at a later dates. For fire
& safety reasons, more than one point of ingress/egress is recommended. Additionally, per Article VII. Development Design Guidelines, Section 2.0
Street & Transportation Standards, 2.6.1: "Al developments of more than 200 residential units or additions to existing developments that increase the
total number of residential units to 200 or more shall provide vehicular access to at least two (2) public streets. In cases where the property being
developed is adjacent to more than one (1) State road, it is encouraged that the required entrances be located on separate State roads." The
modification of these two (2) crossings are necessary because the initial design showed the use of retaining walls to reduce the stream impact but in
order to meet the NCDOT design standards, "Culverts must be long enough to accommodate the proposed typical roadway section and a 2:1 fill
slope, or flatter, from shoulder point to the crown of structure or roof slab (not headwall)". Per the project engineer, the NCDOT are not providing any
flexibility on this design requirement. The project engineers have designed utilizing the maximum side slopes and minimizing the road widths to meet
the NCDOT standards.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Per the project engineer, construction techniques such as pump arounds, coffer dams and silt fencing will be utilized.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State?
r Yes r No
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
There are no permanent wetland impacts associated with this modification request and all permanent loss stream impacts are less than 0.02 acres. The previous 404 NWP verification
required 412 LF of stream mitigation (i.e. 2:1 ratio). If possible, we would like to request that the special condition for the compensatory stream mitigation be reconsidered with the
change in Nationwide Permit 29 and Regional Condition 7 that changes the mitigation threshold to 0.02 acres.
F. Stormwater Management and Diffuse Flow Plan (required by DWR) v
1. Diffuse Flow Plan
1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
r Yes r No
If no, explain why:
The project is not located within in an area that has one of the NC Riparian Buffer Protection Rules.
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?*
r Yes r No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?
r Yes r No
Local Government Stormwater Programs
r Phase II r NSW r USMP P Water Supply
Please identify which local government stormwater program you are using.
Harnett County
Comments:
G. Supplementary Information
1. Environmental Documentation
la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?
r Yes f• No
2. Violations (DWR Requirement)
2a. Is the site in violation of DWR Water Quality Certification Rules (15ANCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or
Riparian Buffer Rules (15A NCAC 2B .0200)?*
r Yes r No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality?*
r Yes r No
3b. If you answered "no," provide a short narrative description.
We have reviewed the "Draft Internal Policy, Cumulative impacts and the 401 Water Quality Certification and Isolated Wetlands Programs' document
prepared by the NC Division of Water Quality on April 10, 2004, version 2.1. The draft states that many private developments are unlikely to cause
cumulative impacts, including projects such as urban in -fill, most residential subdivisions and small commercial developments as well as agricultural
and silvicultural operations. The Providence Creek Subdivision project is a residential development. The property is located within Harnett County, and
therefore the adjacent properties that have potential for development will have the following regulations to protect downstream waters: 1) the Water
Supply, Watershed Protection Program which limits development densities as well as requires protective riparian buffers. We anticipate that the DWR
will advise us if any additional information is needed.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
r Yes r Nor N/A
4b. Describe, in detail, the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated
at a treatment plant, list the capacity available at that plant.
Non -discharge to North Harnett County Regional WWTP, Permit number NC0021636 Approximate Available Capacity is±0.9 MGD.
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or habitat?*
r Yes r No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?*
r Yes r No
5d. Is another Federal agency involved?*
r Yes r No r Unknown
5e. Is this a DOT project located within Division's 1-8?
r Yes r No
5f. Will you cut any trees in order to conduct the work in waters of the U.S.?
r Yes r No
5g. Does this project involve bridge maintenance or removal?
r Yes r No
5h. Does this project involve the construction/installation of a wind turbine(s)?*
r Yes r No
5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.?
r Yes r No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
The NC Natural Heritage Programs Data Explorer Map was used to search for elemental occurrences of federally protected species listed within and
within 1 mile of the project boundaries. It was determined based on the search that there is one (1) elemental occurrence that is listed as federally
Threatened/Endangered within or within 1 mile of the project boundaries. The Cape Fear Shiner is federally listed as Endangered and has historically
been found in Neill's Creek. The southeastern property boundary of the project is Neill's Creek, there are no proposed impacts to Neill's Creek.
References: North Carolina Natural Heritage Program. 2019. Geographic Information System (GIS) data, NCDNCR, Raleigh, NC. Available at
http://wvvw.ncnhp.org/. (Accessed: November 25, 2019).
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
r Yes r No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?*
The NOAA Habitat Conservation/Habitat Protection: National Marine Fish Service; Essential Fish Habitat Mapper website was referenced. No Essential
Fish Habitat was identified near the project.
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?*
r Yes r No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?*
The NC State Historic Preservation Office HPOWEB GIS Service interactive map was referenced on November 22, 2019. One (1) structure identified
as "Surveyed Only" exists on property. Per the HPOWEB GIS Service and a Historical Architectural Resources Survey Report, Improve US 401 from
North of Fayetteville to North of Fuquay-Varina, R-2609, Cumberland, Harnett and Wake Counties, Multi, ER 11-0210, this structure was identified in
Appendix B Surveyed Resources Not Eligible for the NRHP as "Recommended Not Eligible" because of "common type/lost integrity".
https://fiiles.nc.gov/ncdcr/historic-preservation-office/PDFs/ER % 2011-0210. pdf#page=442
8. Flood Zone Designation (Corps Requirement)
Sa. Will this project occur in a FEMA-designated 100-year floodplain?*
r Yes r No
8b. If yes, explain how project meets FEMA requirements:
Previously authorized utility impacts 4, 5 & 6 are located within the FEMA 100-year floodplain, not the proposed road crossings.
8c. What source(s) did you use to make the floodplain determination?*
NC Flood Risk Information System Floodplain Mapping Program and confirmation from the project engineer.
Miscellaneous
Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one
file when possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred.
nick the upkad button or drag and drop files here to attach document
Providence Creek PCN Attachments.pdf
Rle mist be FCF or IM
Comments
15.75MB
Signature
V By checking the box and signing below, I certify that:
• The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief; and
• The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time.
• I have given true, accurate, and complete information on this form;
• I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
• I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
• I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND
I intend to electronically sign and submit the PCN form.
Full Name:
Deborah E. Shirley
Signature
S'!5 11y
Date
6/23/2021
Contact Name* Deborah Shirley
Contact Email Address* dshirley@sandec.com
Project Owner*
Mattamy Homes, LLC (Attn: Michael Brown)
Project Name*
Providence Creek Modification
Project County*
Harnett
Owner Address:*
Street Address
1210 Trinity Road, Suite 102
Address Line 2
aty
State / Province / Pegion
Cary
NC
Postal / Zip axle
Country
27513
United States
Is this a transportation project?*
C Yes c: No
Type(s) of approval sought from the DWR:
W 401 Water Quality Certification - F 401 Water Quality Certification -
Regular Express
F Individual Permit F Modification
F Shoreline Stabilization
Does this project have an existing project ID#?*
c: Yes C No
Please list all existing project ID's associated with this projects.*
SAW-2019-00611
Do you know the name of the staff member you would like to request a meeting with?
Chad Turlington
Please give a brief project description below and include location information.*
This project is a proposed single family residential development
modification, specifically to the Road Crossing impacts. This mod is
necessary to meet the NCDOT design standards "Culverts must be
long enough to accommodate the proposed typical roadway section
and a 2:1 fill slope, or flatter, from shoulder point to the crown of
structure or roof slab (not headwall)." This project is located at 1370
Ballard Road in Fuquay-Varina, NC and is approximately 231 acres.
Existing conditions consists of wooded land and agricultural fields with
a residential structure. There are two (2) proposed road crossings
with stream and wetland impacts as well as four (4) utility crossings
with stream and wetland impacts that were previously approved.
Please give a couple of dates you are available for a meeting.
4/5/2021
4/6/2021
4/7/2021
4/8/2021
4/9/2021
Please attach the documentation you would like to have the meeting about.
2020.02.19._Revised Overall.pdf 1.31VIB
pdf only
By digitally signing below, I certify that I have read and understood that per the Federal Clean Water Act Section
401 Certification Rule the following statements:
This form completes the requirement of the Pre -Filing Meeting Request in the Clean Water Act Section 401 Certification
Rule.
1 understand by signing this form that I cannot submit my application until 30 calendar days after this pre -filing
meeting request.
1 also understand that DWR is not required to respond or grant the meeting request.
Your project's thirty -day clock started upon receipt of this application. You will receive notification regarding meeting location
and time if a meeting is necessary. You will receive notification when the thirty -day clock has expired, and you can submit an
application.
Signature *
Submittal Date 4/2/2021
Project Name/Description:
Date: 4.1.2021
Environmental Consultants,
8412 Falls of Neuse Road, Suite 104, Raleigh, NC 27615 • Phone: (919) 846-5900
sandm om
AGENT AUTHORIZATION
Providence Creek Modification
The Department of the Army
U.S. Army Corps of Engineers, Wilmington District
69 Darlington Avenue
Wilmington, NC 28403
S&EC Project 4 14001
Attn: Emily Greer Field Office: Raleigh Regulatory Field Office
I, the undersigned, authorizes S&EC, as my agent, to act on my behalf and take all actions necessary for
the processing, issuance and acceptance of a permit or certification and any and all associated standard
and special conditions. This notification supersedes any previous correspondence concerning the agent for
this project.
PARCEL INFORMATION:
Parcel Index Number(s) (PIN): 0652-65-9522, 0652-64-6574, 0652-65-0753, 0652-64-0308 & 0652-63-
6280
Site Address: Harnett Central Road
City, County, State: Fuquay-Varina, Harnett County, NC
APPLICANT INFORMATION:
Name: Mattamv Homes. ILL
Mailing Address: 1210 Trinity Road #102, Cary NC 27513
Telephone Number: (919) 902-0823
Email: michael.brown@mattamycorp.com
Mattamy Homes, LLC Michael Brown 4.1.2021
Applicant (please print) Date
Mike Brown=- w��ma;a,oy
Applicant Signature
We hereby certify the above information submitted in this application is true and accurate to
the best of our knowledge,
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Project Number: Map Title: N
14001.W3 Figure 1 - USGS Map o 2,000 4,000
Project Manager: providence reek I � � � I � � � I
Creek Feet
Scale: Harnett County, NC
1 " = 2000'
Source: Soil & Environmental Consultants, PA
Date: 2019 NC Lillington Quad 8412 Fa11—fN—R-d, Suite 104, Redigh,NC27615•Phone:(919)846-5900•F—(919)846-946
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�'`-•_ - — -�-.NC CenCer forGeographie�lnform tion &An lysis
Project Number: Map Title: N
14001.W3 Figure 2 -Soil Survey o 1,000 2,000
Project Manager: providence Creek I � � � I I I I I
DS Feet
Scale: Harnett County, NC
1 " = 1000' •
Source: Harnett County Soil Soil & Environmental Consultants, PA
Date: 8412 Falls ofN.— Road, 6ui. 104, Raleigh, NC 27615 • Phove: (919) 846-5900 • Pas: (919) 846-9467
10/25/2019 Survey Sheet 5 de eem
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2019-00611 County: Harnett U.S.G.S. Quad: NC-Lillington
GENERAL PERNHT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: Mattamv Homes
Bruce Herbert
Address: 1210 Trinity Road, Suite 102
Cary, NC 27513
Telephone Number: 919.233.3886
E-mail: Bruce.Herbert(a,mattamvcorp.com
Size (acres) 231 Nearest Town Fuuuav-Varina
Nearest Waterway Neills Creek River Basin Cane Fear
USGS HUC 03030004 Coordinates Latitude: 35.472022
Longitude:-78.808741
Location description: The project is located south and west of Harnett Central Road, east of Ballard Road, and north of Arlie
Lane in Fuqua-Varina, Harnett County, NC.
Description of projects area and activity: This verification authorizes the permanent filling of 271 linear feet of stream, the
nermanent conversion of 0.36-acre of wetland, and temnorary imnacts to 0.18-acre of wetland and 149 linear feet of stream for
the purpose of constructing a 374 single-family residential development, Providence Creek Subdivision, and associated
infrastructure. Compensatory mitigation for the permanent loss of aquatic resources is required at a 2:1 ratio (412 linear feet
of stream credits and 0.36-acre of riparian wetland credits) and will occur with NCDMS in the 03030004 HUC.
Applicable Law(s): ® Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: NWP 29. Residential Developments and NWT 12. Utilities
SEE ATTACHED NWP GENERAL, REGIONAL, AND/OR SPECIAL CONDITIONS
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the enclosed
Conditions, your application signed and dated 11/26/2019, and the enclosed plans Figures 1-7 dated 11/1/2019. Any violation of
the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration
order, a Class I administrative penalty, and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended or revoked. If,
prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid until
the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit
authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the
nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide
permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide permit's expiration, modification
or revocation, unless discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the
NC Division of Water Resources (telephone 919-807-6300) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning
work you must contact the N.C. Division of Coastal Management in Wilmington, NC, at (910) 796-7215.
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local
approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program,
please contact Emily Greer at 910.251.4567or emilv.c.greer(&usace.armv.mil.
GREER.EMILY.C.1385325300 Datealll02 signed
f ds is 3E3i-0500'C.1385325300
Corps Regulatory Official: Date: 01/15/2020
Expiration Date of Verification: 03/18/2022
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete the Customer Satisfaction Survey located at
http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0
Copy furnished:
Agent: S&EC
Deborah Shirley
E-mail: dshirley(&sandec.com
Property Owner: Harnett Central Holdings, LLC
Harvey Montague
E-mail: handtmontagueOearthlink.net
SAW-2019-00611
SPECIAL CONDITIONS
1. In order to compensate for impacts associated with this permit, mitigation shall be provided in accordance
with the provisions outlined on the most recent version of the attached Compensatory Mitigation Responsibility
Transfer Form. The requirements of this form, including any special conditions listed on this form, are hereby
incorporated as special conditions of this permit authorization.
Compensatory mitigation shall occur at a 2:1 ratio with NC DMS in the 03030004 HUC for a total of 0.36-acre
of riparian wetland credits and 412 linear feet of stream credits.
ROY COOPER
Governor
MICHAEL S. REGAN
Sead-y
TIM BAUMGARTNER
Mee -tor
Bruce Herbert
Mattamy Homes
1210 Trinity Road, Suite 102
Cary, NC 27513
Project: Providence Creek SD
NORTH CAROLINA
Environmental Quality
November 22, 2019
Expiration of Acceptance: 5/22/2020
County: Harnett
The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to
accept payment for compensatory mitigation for impacts associated with the above referenced project as
indicated in the table below. Please note that this decision does not assure that participation in the DMS in -
lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts.
It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will
be approved. You must also comply with all other state, federal or local government permits, regulations or
authorizations associated with the proposed activity including G.S. § 143-214.11.
This acceptance is valid for six months from the date of this letter and is not transferable. If we have not
received a copy of the issued 404 Permit/401 Certification within this time frame, this acceptance will
expire. It is the applicant's responsibility to send copies of the permits to DMS. Once DMS receives a copy
of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must
be made prior to conducting the authorized work. The amount of the in -lieu fee to be paid by an applicant is
calculated based upon the Fee Schedule and policies listed on the DMS website.
Based on the information supplied by you in your request to use the DMS, the impacts for which you are
requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation
required and assigned to DMS for this impact is determined by permitting agencies and may exceed the
impact amounts shown below.
River Basin
Impact Location
8-di it HUC
Impact Type
Impact Quantity
Cape Fear
03030004
Warm Stream
412
Cape Fear
03030004
Riparian Wetland
0.36
Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The
mitigation will be performed in accordance with the In -Lieu Fee Program instrument dated July 28, 2010 and
15A NCAC 02B .0295 as applicable. Thank you for your interest in the DMS in -lieu fee mitigation program.
If you have any questions or need additional information, please contact Kelly Williams at (919) 707-8915.
cc: Debbie E. Shirley, agent
ro a.,f ,IE®r.e�.rerar�
Sincerely, 564w,
�--r V
Ja e B Stanfill
Asse Management Supervisor
North Carolina Department of Enwromnental Quality I Division of Mitigation Services
217 W. Jones Street 11652 Mail Service Center I Raleigh, North Carolina 27699-16S2
919.707.8976
Compensatory Mitigation Responsibility Transfer Form
Permittee: Mattamy Homes, Bruce Herbert Action ID: SAW-2019-00611
Project Name: Providence Creek Subdivision_1370 Ballard Road —Harnett County: Harnett
Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved
Mitigation Bank or the North Carolina Division of Mitigation Services (NCDMS), who will then sign the form to verify the
transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee's responsibility to ensure
that to the U.S. Army Corps of Engineers (USACE) Project Manager identified on page two is in receipt of a signed copy of this
form before conducting authorized impacts, unless otherwise specified below. If more than one mitigation Sponsor will be
used to provide the mitigation associated with the permit, or if the impacts and/or the mitigation will occur in more than one
8-digit Hydrologic Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms for each Sponsor
and/or HUC must be provided to the appropriate mitigation Sponsors.
Instructions to Sponsor: The Sponsor must verify that the mitigation requirements (credits) shown below are available at the
identified site. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of
whether or not they have received payment from the Permittee. Once the form is signed, the Sponsor must update the bank
ledger and provide a copy of the signed form and the updated bank ledger to the Permittee, the USACE Project Manager, and
the Wilmington District Mitigation Office (see contact information on page 2). The Sponsor must also comply with all
reporting requirements established in their authorizing instrument.
Permitted Impacts and Compensatory Mitigation Requirements:
Permitted Impacts Requiring Mitigation* 8-digit HUC and Basin: 03030004, Cape Fear River Basin
Stream Impacts (linear feet)
Wetland Impacts (acres)
Warm
Cool
Cold
Riparian Riverine
FRiparian Non-Riverine
Non -Riparian
Coastal
206
0.18
*If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor.
Compensatory Mitigation Requirements: 8-digit HUC and Basin: 03030004, Cape Fear River Basin
Stream Mitigation (credits)
Wetland Mitigation (credits)
Warm
Cool
Cold
Riparian Riverine
Riparian Non-Riverine
Non -Riparian
Coastal
412
0.36
Mitigation Site Debited: NC DMS HUC 03030004
(List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCDMS, list NCDMS. If the NCDMS
acceptance letter identifies a specific site, also list the specific site to be debited).
Section to be completed by the Mitigation Sponsor
Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation
transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for
providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action
ID number shown. I also verify that released credits (and/or advance credits for NCDMS), as approved by the USACE, are
currently available at the mitigation site identified above. Further, I understand that if the Sponsor fails to provide the
required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to
ensure compliance associated with the mitigation requirements.
Mitigation Sponsor Name:
Name of Sponsor's Authorized Representative:
Signature of Sponsor's Authorized Representative Date of Signature
Conditions for Transfer of Compensatory Mitigation Credit:
• Once this document has been signed by the Mitigation Sponsor and the USACE is in receipt of the signed form, the
Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains
responsible for any other mitigation requirements stated in the permit conditions.
• Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only after
the USACE is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has accepted
responsibility for providing the mitigation requirements listed herein. For authorized impacts conducted by the North
Carolina Department of Transportation (NCDOT), construction within jurisdictional areas may proceed upon permit
issuance; however, a copy of this form signed by the Sponsor must be provided to the USACE within 30 days of permit
issuance. NCDOT remains fully responsible for the mitigation until the USACE has received this form, confirming that the
Sponsor has accepted responsibility for providing the mitigation requirements listed herein.
• Signed copies of this document must be retained by the Permittee, Mitigation Sponsor, and in the USACE administrative
records for both the permit and the Bank/ILF Instrument. It is the Permittee's responsibility to ensure that the USACE
Project Manager (address below) is provided with a signed copy of this form.
• If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to
the USACE, the Sponsor must obtain case -by -case approval from the USACE Project Manager and/or North Carolina
Interagency Review Team (NCIRT). If approved, higher mitigation ratios maybe applied, as per current District guidance
and a new version of this form must be completed and included in the USACE administrative records for both the permit
and the Bank/ILF Instrument.
Comments/Additional Conditions: A letter from NC DMS confirming they are willing and able to accept the applicant's
compensatory mitigation responsibility, dated 11/22/2019 was included with the preconstruction notification.
This form is not valid unless signed below by the USACE Project Manager and by the Mitigation Sponsor on Page 1. Once
signed, the Sponsor should provide copies of this form along with an updated bank ledger to:1) the Permittee, 2) the USACE
Project Manager at the address below, and 3) the Wilmington District Mitigation Office, Attn: Todd Tugwell, 11405 Falls
of Neuse Road, Wake Forest, NC27587 (email: todd.tugwell@usace.army. mil). Questions regarding this form or any of the
permit conditions may be directed to the USACE Project Manager below.
USACE Project Manager: Emily Greer
USACE Field Office: Wilmington Regulatory Office
US Army Corps of Engineers
69 Darlington Avenue
Wilmington, North Carolina 28403
Email: emily.c.greer@usace.army.mil
GREER.EMILY.C.13853253 Digitally signed by
G RE ER.EM I LY.C.1385325300
00 Date: 2020.01.15 15:44:03-05'00'
USACE Project Manager Signature
01/15/2020
Date of Signature
Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and
mitigation bank location and availability, and credit classifications (including stream temperature and wetland groupings) is
available at http://ribits.usace.army.mil
Action ID Number: SAW-2019-00611 County: Harnett
Permittee: Mattamy Homes, Bruce Herbert
Project Name: Providence Creek Subdivision 1370 Ballard Road Harnett
Date Verification Issued: 01/15/2020
Project Manager: Emily Greer
Upon completion of the activity authorized by this permit and any mitigation required by the permit,
sign this certification and return it to the following address:
US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Attn: Emily Greer
Wilmington Regulatory Office
U.S Army Corps of Engineers
69 Darlington Avenue
Wilmington, North Carolina 28403
or
emily.c.greer@usace.army.mil
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. Failure to comply with any terms or conditions of this authorization may
result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I
administrative penalty, or initiating other appropriate legal action.
I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and condition of the said permit, and required mitigation was completed in
accordance with the permit conditions.
Signature of Permittee Date
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ROPOSED TEMPORARY WETLAND IMPAC — — EMPORARY STREAM IMPACT— — — /
ROAD CONSTRUCTIO OAD CONSTRUCTION
109 S.F. _ — — \ AREA: 65 S.F., LENGTH 33 LF
\ 1
— ` — RETAINING
WETLAND "P" — WALL (TYP) /
NORTH AREA
ERMANENT-NO PERMANENT LOSS
STREAM IMPACT /
OAD CONSTRUCTION /
AREA: 58 S.F., LENGTH 31 LF
EMPORARY STREAM IMPACT
WETLAND „P„ \ \ — OAD CONSTRUCTION /
SOUTH AREA / AREA: 32 S.F., LENGTH 25 LF '
PERMANENT STREAM IMPAC
ROAD CONSTRUCTION
— — — _ AREA: 170 S.F., LENGTH 93 LF 28' x 11' x 2'
/ DISSIPATER PAD \ \
\ \ \ \\ \ \ \ 1
_ (1) 42" RCP CULVERT EMBEDDE CLASS B RIPRAP / � KEYED -IN AT EX.
1' BELOW STREAMBED STREAMBED \ \ \ \ \ 11 \ 1 ` STREAM "F"
ELEVATION
II _
— — \ LIMITS OF I I ,
— — — — — DISTURBANCE
---- ? \ (TYP)
I�J
\ \ I I 30' HARNETT COUNTY `I / / X
RIPARIAN BUFFER (TYP) I /
ZI/
Scale: 1 "=50'
v�MCIQM&CREED IMPACT 1
1730 Varsity Drive, Suite 500 FIGURE 3
Raleigh, North Carolina 27606 Date:
O: 919.233.8091 F: 919.233.8031 Providence Creek Subdivision Nov., 2019
\I 0' HARNETT COUNTY
I — RIPARIAN BUFFER (TYP)
�C
\ STREAM "\
I I EMPORARY STREAM IMPACT
I CAD CONSTRUCTION I
AREA: 58 S.F., LENGTH 23 LF I I I 1
1) 48" RCP CULVERT EMBEDDED 1BELOW STREAMBED 1 \ \ \
(1) 36" RCP CULVERT o
RETAINING \ \
WALL (TYP) \ \ ERMANENT-NO PERMANENT LOS \
\ TREAM IMPACT \ \
\ CAD CONSTRUCTION 1 \ \ \
\ \ \ AREA: 68 S.F., LENGTH 34 LF \ \
IMPA
PERMANENT STREAM IMPAC / EMPORARY STREAM IMPAC
ROAD CONSTRUCTIO / CAD CONSTRUCTION � �2 /
AREA: 229 S.F., LENGTH 113 LF AREA: 33 S.F., LENGTH 38 LF
/ A \
32' x 24' x 2' STREAM "H" \`
DISSIPATER PAD / \ \ G61 ✓ / %
I CLASS B RIPRAP LIMITS OF < \ V�-
/ KEYED -IN AT EX. DISTURBANCE \ \
I STREAMBED /
(TYP)
`P)
I / STREAM "F" 1 \ \
\ TEMPORARY STREAM IMPAC \
\ \ ANITARY SEWER INSTALLATIO I I I \ \ "XI
\ AREA: 109 S.F., LENGTH 30 LF
\ \\ID\
SS
_j
120' PUBLIC
I UTILITY EASPeNT
LIMITS OF
DISTURBANCE STREAM "F"
(TYP)
0' HARNETT COUNTY \ `
RIPARIAN BUFFER (TYP) \
Scale: 1"=C(1�
v�MCIQM&CREED IMPACT 2 & 3
1730 Varsity Drive, Suite 500 FIGURE 4 0 60
Raleigh, North Carolina 27606 Date:
O: 919.233.8091 F: 919.233.8031 Providence Creek Subdivision Nov., 2019
i
WETLAND "G" /
AREA 2
i
/ ?O' PUBLIC
i
W UTILITY EASEMENT
i
/ ROPOSED TEMPORARY WETLAND IMPAC Oe
ANITARY SEWER INSTALLATION
IMPAC 2,762 S.F.
ROPOSED PERMANENT -NO PERMANEN
W W LOSS WETLAND IMPAC
SANITARY SEWER INSTALLATION
11,081 S.F.
/
PROPOSED
ROPOSED TEMPORARY WETLAND IMPAC
SANITARY SEWER INSTALLATIO W 12" GRA t/lTY SANITARY /
2,779 S.F. wwwwwom SEWER OUTFALL
APPROXIMATE 100
EAfi' FLDOD LIMIT
WETLAND "G" W W
AREA 2
W W W (W W W LIMITS OF W W W
DISTURBANCE
a \ (TYP)
\ C
EXISTING 42" GRA lil TY
SANITARY SEWER `��:a\ \
OUTFALL
JO' RIPARIAN y W W W _ �►\
BUFFER_(TYP�" _
€) 40' PUBLIC \
,URLITY ,EASEMENT (TyP.)
/ a
Scale: 1"=60'
49$�MCIQM&CREED IMPACT 4
1730 Varsity Drive, Suite 500 FIGURE 5
Raleigh, North Carolina 27606 Date:
O: 919.233.8091 F: 919.233.8031 Providence Creek Subdivision Nov., 2019
EX. 40' PUBLIC
UTILI T,Y EASEMENT
(\ l/ / // / WETLAND"G" --/--
AREA 1
EXISTING 42" GRA V1 TY — SSE%
SANITARY SEWER
\ \ \ I ss
OUTFALL,
PROPOSED
\ 8" GRAVITY SANITARY, / / � / / 3I1" PUBLIC
l SEWER/ OUTFALL / // I/ �NLITY EA STREAM STREAM "E"
ti / LIMITS OF
DISTURBANCE -
(Typ' ROPOSED TEMPORARY WETLAND IMPAC
SANITARY SEWER INSTALLATION
/ \ 263 S.F.
ROPOSED PERMANENT -NO PERMANEN
LOSS WETLAND IMPAC /
SANITARY SEWER INSTALLATIO
1,367 S.F. / / / /
EXISTING 42" GRAVITY ' \
ROPOSED TEMPORARY WETLAND IMPAC / SANITARY SEWER 1 I
SANITARY SEWER INSTALLATIO / OUTFALL 1 I
200 S.F. / I
WETLAND "G" EX. 40' PUBLIC
— \�'� \ UTILITY EASEMENT
AREA 1 � \
� Scale: 1"=50'
v,MCIQM&CREED IMPACT 5
7Fj1
1730 Varsity Drive, Suite 500 FIGURE 6
Raleigh, North Carolina 27606 Date:
O: 919.233.8091 F: 919.233.8031 Providence Creek Subdivision Nov., 2019
20' PUBLIC
UTILITY EASEMENT ®� PROPOSED
�I 8" GRAVITY SANITARY
SEWER OUTFALL
I
LIMITS OF I
DISTURBANCE
(TYP)
ROPOSED TEMPORARY WETLAND IMPACT\
SANITARY SEWER INSTALLATION
IMPA 926 S.F.
ROPOSED PERMANENT -NO PERMANEN \
LOSS WETLAND IMPAC
SANITARY SEWER INSTALLATIO - \
3,358 S.F.
WETLAND "D" \
ROPOSED TEMPORARY WETLAND III MPACT
/
SANITARY SEWER INSTALLATIO I AREA 2
766 S.F.]/
/ ✓ EXISTING 42" GRAVITY
SANITARY SEWER
WETLAND "D" , _ \ y\ OUTFALL
AREA 2
�ek
EX. 40' PUBLIC
FUTILITY EASEMENT ss \
ss �
&TREAM "B"
(NEILL'S CREEK)
Scale: 1"=50'
v�MCIQM&CREED IMPACT 6
1730 Varsity Drive, Suite 500 FIGURE 7
Raleigh, North Carolina 27606 Date:
O: 919.233.8091 F: 919.233.8031 Providence Creek Subdivision Nov., 2019
Creek)
- PJD or No JD
UPPER
11000092,
Required
PERENNIAL
11000092
WD
Delineation Only
PFO-
35.460749,-78.806404
11000092,
- PJD or No JD
PALUSTRINE,
11000092
Required
FORESTED
WG
Delineation Only
PFO-
35.467464,-78.80637
11000092,
- PJD or No JD
PALUSTRINE,
11000092,
Required
FORESTED
11000092,
11000092
WP
Delineation Only
PFO-
35.470264,-78.811786
11000092
- PJD or No JD
PALUSTRINE,
Required
FORESTED
Internal Coordination
No Data Found
Compensatory Mitigation Required (CMR)? Permittee Responsible Mitigation
(PRM)?
IYes INo 111000092 1
Mitiaation includina Tvoe. Units of Measure (UOM) and Amounts
Permit ID
Type
Perm Resp
Dimension
Proposed
Required
Purchased
11000092
In -Lieu Fee
Acre Based
.36
.36
11000092
In -Lieu Fee
Linear Feet
Based
412
412
Aquatic Resource(s) associated with Mitigation
No Data Found
Evaluation Checklist Responses for:
Endangered Species Act (ESA)
Type Decision I Permit IDs
ESA Coordination No Resources Present 111000092
Essential Fish Habitat (EFH)
Type I Decision I Permit IDs
EFH Coordination I No Resources Present 111000092
Section 106 of the NHPA
Type
Decision
I Permit IDs
Section 106 of the NHPA
[Coordination/Consultation
ot Required
11000092
Tribal Consultation(s)
Type
Decision
I Permit IDs
Tribal
Coordination/Consultation
Not Required
11000092
Wild & Scenic River
Type Decision Permit IDs
Wild & Scenic River No Resources Present 111000092
Water Quality Certification (WQC)
Type I Decision I Permit IDs
WQC I Required 111000092
Coastal Zone Management Consistency Concurrence (CZM)
Type Decision F Permit IDs
CZM I Not Reauired 111000092
Recapture Provision
Type I Decision Permit IDs
Recapture Provision I Does Not Apply 111000092
Subactions Added:
ESA Consultation(s)
No Data Found
EFH Consultation(s)
No Data Found
Section 106 of the NHPA Consultation(s)
No Data Found
Tribal Consultation(s)
No Data Found
408 Review Required?
NATIONWIDE PERMIT 12
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS
FINAL NOTICE OF ISSUANCE AND MODIFICATION OF NATIONWIDE PERMITS
FEDERAL REGISTER
AUTHORIZED MARCH 19, 2017
Utility Line Activities. Activities required for the construction, maintenance, repair, and
removal of utility lines and associated facilities in waters of the United States, provided the
activity does not result in the loss of greater than 1/2-acre of waters of the United States for
each single and complete project.
Utility lines: This NWP authorizes discharges of dredged or fill material into waters of the
United States and structures or work in navigable waters for crossings of those waters
associated with the construction, maintenance, or repair of utility lines, including outfall and
intake structures. There must be no change in pre -construction contours of waters of the
United States. A "utility line" is defined as any pipe or pipeline for the transportation of any
gaseous, liquid, liquescent, or slurry substance, for any purpose, and any cable, line, or wire
for the transmission for any purpose of electrical energy, telephone, and telegraph messages,
and internet, radio, and television communication. The term "utility line" does not include
activities that drain a water of the United States, such as drainage tile or french drains, but it
does apply to pipes conveying drainage from another area.
Material resulting from trench excavation may be temporarily sidecast into waters of the
United States for no more than three months, provided the material is not placed in such a
manner that it is dispersed by currents or other forces. The district engineer may extend the
period of temporary side casting for no more than a total of 180 days, where appropriate. In
wetlands, the top 6 to 12 inches of the trench should normally be backfilled with topsoil from
the trench. The trench cannot be constructed or backfilled in such a manner as to drain waters
of the United States (e.g., backfilling with extensive gravel layers, creating a french drain
effect). Any exposed slopes and stream banks must be stabilized immediately upon
completion of the utility line crossing of each waterbody.
Utility line substations: This NWP authorizes the construction, maintenance, or expansion of
substation facilities associated with a power line or utility line in non -tidal waters of the
United States, provided the activity, in combination with all other activities included in one
single and complete project, does not result in the loss of greater than 1/2-acre of waters of
the United States. This NWP does not authorize discharges into non -tidal wetlands adjacent
to tidal waters of the United States to construct, maintain, or expand substation facilities.
Foundations for overhead utility line towers, poles, and anchors: This NWP authorizes the
construction or maintenance of foundations for overhead utility line towers, poles, and
anchors in all waters of the United States, provided the foundations are the minimum size
necessary and separate footings for each tower leg (rather than a larger single pad) are used
where feasible.
1
located in a red HUC, but the activity will NOT include: tree clearing/removal;
construction/installation of wind turbines; bridge removal or maintenance, unless
the bridge has been inspected and there is no evidence of bat use, and/or; aM
percussive activities.
B. Procedures when the USACE is not the lead federal agency:
For projects where another federal agency is the lead federal agency - if that other federal agency
has completed project -specific ESA Section 7(a)(2) consultation for the NLEB, and has (1)
determined that the project would not cause prohibited incidental take of the NLEB, and (2)
completed coordination/consultation that is required by the USFWS (per the directions on the
respective USFWS office's website), that project may proceed without notification to either the
USACE or the USFWS, provided all General and Regional Permit Conditions are met.
The NLEB SLOPES can be viewed on the USACE website at the following World Wide Web
Page: http://www.saw.usace.anny.mil/Missions/Regulatory-Permit-Pro rg am/Agency-
Coordination/ESA/. Permittees who do not have internet access may contact the USACE at (910)
251- 4633.
3.14 Work on Eastern Band of Cherokee Indians Land
All PCNs submitted for activities in waters of the United States on Eastern Band of Cherokee
Indians (EBCI) trust land (i.e., Qualla Boundary and non-contiguous tracts of trust land), must
comply with the requirements of the latest MOU between the Wilmington District and the
Eastern Band of Cherokee Indians.
4.0 Additional Regional Conditions for Specific Nationwide Permits
4.1 NWP #12 - Utility Line Activities
4.1.1 Pipeline/utility line construction through jurisdictional waters and wetlands will be
accomplished utilizing directional drilling/boring methods to the maximum extent practicable.
4.1.2 Temporary discharge of excavated or fill material into wetlands and waters of the United
States will be for the absolute minimum period of time necessary to accomplish the work.
Temporary discharges will be fully contained with appropriate erosion control or containment
methods or otherwise such fills will consist of non -erodible materials.
4.1.3 The work area authorized by this permit, including temporary and/or permanent fills, will
be minimized to the greatest extent practicable. Justification for work corridors exceeding forty
(40) feet in width is required and will be based on pipeline diameter and length, size of
equipment required to construct the utility line, and other construction information deemed
necessary to support the request. The permittee is required to provide this information to the
Corps with the initial notification package.
9M
4.1.4 Excavated materials shall be returned to the excavated areas and any remaining materials
shall be disposed of in uplands, unless the Corps authorizes disposal in waters of the United
States.
4.1.5 In areas where a sub -aqueous utility line is to cross a federally -maintained channel, (i.e.,
the Atlantic Intracoastal Waterway [AIWW]), the line will be buried at least six (6) feet below
the allowable overdepth of the authorized channel, including all side slopes. For areas outside
federally -maintained channels, sub -aqueous lines must be installed at a minimum depth of two
(2) feet below the substrate when such lines might interfere with navigation.
4.1.6 The minimum clearance*(see NOTE in 4.1.7) for aerial communication lines, or any lines
not transmitting electrical power, will be ten (10) feet above the clearance required for nearby
stationary bridges as established by the U.S. Coast Guard. In the event the U.S. Coast Guard has
not established a bridge clearance, minimum vertical clearances for power and aerial lines will
not be less than required by Section 23, Rule 232, of the latest revision of the National Electrical
Safety Code (ANSI C2). Clearances will not be less than shown in Table 232-1, Item 7, ANSI
C2.
4.1.7 The minimum clearance* for an aerial line, transmitting electrical power, is based on the
low point of the line under conditions that produce the greatest sag, taking into consideration
temperature, load, wind, length or span and the type of supports. The minimum clearance for an
aerial electrical power transmission line crossing navigable waters of the United States, where
there is an established bridge clearance established by the U.S. Coast Guard, shall be governed
by the system voltage, as indicated below:
Nominal System
Minimum Clearance
Voltage, kilovolt
Above Bridge Clearance (As
Established by the U.S. Coast
Guard)
115 and below
20 feet
138
22
161
24
230
26
350
30
500
35
700
42
750 to 765
45
*NOTE: Minimum clearance is the distance measured between the lowest point of a stationary
bridge, including gny infrastructure attached to underside of the bridge, and the Mean High
Water (MHW) of the navigable waters of the United States beneath the bridge.
4.1.8 On navigable waters of the United States, including all federal navigation projects, where
there is no bridge for reference for minimum clearance, the proposed project will need to be
reviewed by the Corps in order to determine the minimum clearance between the line and MHW
necessary to protect navigational interests.
37
4.1.9 A plan to restore and re -vegetate wetland areas cleared for construction must be submitted
with the required PCN. Cleared wetland areas shall be re -vegetated to the maximum extent
practicable with native species of canopy, shrub, and herbaceous species. Fescue grass shall not
be used.
4.1.10 Any permanently maintained corridor along the utility right of way within forested
wetlands shall be considered a permanent impact. A compensatory mitigation plan will be
required for all such impacts associated with the requested activity if the activity requires PCN
and the cumulative total of permanent forested wetland impacts exceeds 1/10-acre, unless the
District Engineer determines in writing that either some other form of mitigation would be more
environmentally appropriate or the adverse effects of the proposed activity are minimal.
For permanent forested wetland impacts of 1/10-acre or less, the District Engineer may
determine, on a case -by -case basis, that compensatory mitigation is required to ensure that the
activity results in minimal adverse effects on the aquatic environment.
4.1.11 Use of rip -rap or any other engineered structures to stabilize a stream bed should be
avoided to the maximum extent practicable. If riprap stabilization is needed, it should be placed
only on the stream banks, or, if it is necessary to be placed in the stream bed, the finished top
elevation of the riprap should not exceed that of the original stream bed.
4.1.12 When directional boring or horizontal directional drilling (HDD) under waters of the
United States, including wetlands, permittees shall closely monitor the project for hydraulic
fracturing or "fracking." Any discharge from hydraulic fracturing or "fracking" into waters of
the United States, including wetlands, shall be reported to the appropriate Corps Regulatory
Field Office within 48 hours. Restoration and/or compensatory mitigation may be required as a
result of any unintended discharges.
4.1.13 For purposes of this NWP, the term utility line does not include pipes or culverts
associated with driveways, roadways, lots, etc.
4.1.14 The permittee shall submit a PCN to the District Engineer prior to commencing the
activity if the activity will involve the discharge of dredged or fill material into more than 1/10-
acre of wetlands or 150 linear feet of stream channel for the construction of temporary access
fills and/or temporary road crossings. The PCN must include a restoration plan that thoroughly
describes how all temporary fills will be removed, describes how pre -project conditions will be
restored, and includes a timetable for all restoration activities.
c:
NATIONWIDE PERMIT 29
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS
FINAL NOTICE OF ISSUANCE AND MODIFICATION OF NATIONWIDE PERMITS
FEDERAL REGISTER
AUTHORIZED MARCH 19, 2017
Residential Developments. Discharges of dredged or fill material into non- tidal waters of
the United States for the construction or expansion of a single residence, a multiple unit
residential development, or a residential subdivision. This NWP authorizes the construction
of building foundations and building pads and attendant features that are necessary for the use
of the residence or residential development. Attendant features may include but are not
limited to roads, parking lots, garages, yards, utility lines, storm water management facilities,
septic fields, and recreation facilities such as playgrounds, playing fields, and golf courses
(provided the golf course is an integral part of the residential development).
The discharge must not cause the loss of greater than 1/2-acre of non -tidal waters of the
United States. The discharge must not cause the loss of more than 300 linear feet of stream
bed, unless for intermittent and ephemeral stream beds the district engineer waives the 300
linear foot limit by making a written determination concluding that the discharge will result in
no more than minimal adverse environmental effects. This NWP does not authorize
discharges into non -tidal wetlands adjacent to tidal waters. The loss of stream bed plus any
other losses of jurisdictional wetlands and waters caused by the NWP activity cannot exceed
1/2-acre.
Subdivisions: For residential subdivisions, the aggregate total loss of waters of United States
authorized by this NWP cannot exceed 1/2-acre. This includes any loss of waters of the
United States associated with development of individual subdivision lots.
Notification: The permittee must submit a pre -construction notification to the district
engineer prior to commencing the activity. (See general condition 32.) (Authorities: Sections
10 and 404)
located in a red HUC, but the activity will NOT include: tree clearing/removal;
construction/installation of wind turbines; bridge removal or maintenance, unless
the bridge has been inspected and there is no evidence of bat use, and/or; aM
percussive activities.
B. Procedures when the USACE is not the lead federal agency:
For projects where another federal agency is the lead federal agency - if that other federal agency
has completed project -specific ESA Section 7(a)(2) consultation for the NLEB, and has (1)
determined that the project would not cause prohibited incidental take of the NLEB, and (2)
completed coordination/consultation that is required by the USFWS (per the directions on the
respective USFWS office's website), that project may proceed without notification to either the
USACE or the USFWS, provided all General and Regional Permit Conditions are met.
The NLEB SLOPES can be viewed on the USACE website at the following World Wide Web
Page: http://www.saw.usace.anny.mil/Missions/Regulatory-Permit-Pro rg am/Agency-
Coordination/ESA/. Permittees who do not have internet access may contact the USACE at (910)
251- 4633.
3.14 Work on Eastern Band of Cherokee Indians Land
All PCNs submitted for activities in waters of the United States on Eastern Band of Cherokee
Indians (EBCI) trust land (i.e., Qualla Boundary and non-contiguous tracts of trust land), must
comply with the requirements of the latest MOU between the Wilmington District and the
Eastern Band of Cherokee Indians.
4.0 Additional Regional Conditions for Specific Nationwide Permits
4.1 NWP #29 - Residential Developments.
4.1.1 Discharges in perennial streams, intermittent streams and wetlands for stormwater
management facilities are prohibited under this NWP.
4.1.2 Single-family recreational facilities are not authorized by this NWP. Recreational facilities
that are incorporated into the residential development plan and will serve the residents of the
entire development can be authorized by this NWP.
4.1.3 Discharges of dredged or fill material into waters of the United States, including wetlands,
within the floodway* resulting in permanent above -grade fills are not authorized by this NWP.
*NOTE: Floodway means the area designated and/or regulated by Federal, state, or local
requirements to provide for the discharge of the base flood so the cumulative increase in water
surface elevation is no more than a designated height identified by the regulating entity within
the 100-year floodplain.
9M
4.1.4 Discharges of dredged or fill material into waters of the United States, including wetlands,
within the mapped FEMA 100-year floodplain resulting in permanent above -grade fills are not
authorized by this NWP.
4.1.5 This NWP may not be used to authorize discharges of dredged or fill material into waters
of the United States that have been identified or designated by the State of North Carolina as:
High Quality Waters (HQW), including only SA, PNA, WS-I and WS-II waters.
Coastal Wetlands as defined by North Carolina's Coastal Area Management Act.
Wetlands adjacent to SA, PNA, WS-1 and/or WS-II waters.
*NOTE: Definitions of HQW, SA, PNA, WS-I, WS-II waters and Coastal Wetlands can be
found in the North Carolina State Administrative Code, Title 15A, Subchapters 2B and IOC
(15A NCAC 02B, 15A NCAC IOC) and at the following World Wide Web page:
http://reports. oah.state.nc.us/ncac.asp?folderName=\Title%2015A%20-
%20Environmental%20Qualily&lookUpError=l5A%20NCAC%20000%20. Surface water
classifications for waters in North Carolina can be viewed at the North Carolina Division of
Water Resources website or at the following link: https://deg.nc.gov/about/divisions/water-
resources/planning/classification-standards/classifications.
Permittees who do not have internet access may contact the Corps at (910) 251- 4633.
4.1.6 If riprap stabilization is needed, it should be placed only on the stream banks, or, if it is
necessary to be placed in the stream bed, the finished top elevation of the riprap should not
exceed that of the original stream bed.
4.1.7 Utility lines authorized by this NWP shall comply with the terms and conditions, including
regional conditions, of NWP 12.
35
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
Mattamy Homes
Attn: Bruce Herbert
1210 Trinity Road, Suite 102
Cary, NC 27513
NORTH CAROLINA
Environmental Quality
January 17, 2020
DWR # 19-1631
Harnett County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL
CONDITIONS
Providence Creek Subdivision
Dear Mr. Herbert:
You have our approval for the impacts listed below for the purpose described in your
application dated November 26, 2019, received by the Division of Water Resources (Division)
November 26, 2019 and payment received on December 2, 2019. These impacts are covered
by the attached Water Quality General Certification Number(s) 4133 and 4139 and the
conditions listed below. This certification is associated with the use of Nationwide Permit
Number(s) 12 and 29 once they are issued to you by the U.S. Army Corps of Engineers. Please
note that you should get any other federal, state or local permits before proceeding with your
project, including those required by (but not limited to) Sediment and Erosion Control, Non -
Discharge, and Water Supply Watershed regulations.
This approval requires you to follow the conditions listed in the enclosed certification(s) or
general permit and the following additional conditions:
The following impacts are hereby approved provided that all of the other specific and
general conditions of the Certification are met. No other impacts are approved,
including incidental impacts. [15A NCAC 02H .0506(b)].
--�--
North Carolina Department of Environmental Qualify Division of Water Resources
Fayetteville Regional Office 1 225 Green Street, Suite 714 Fayetteville, North Carolina 28301
910.4333300
Type of Impact
Amount Approved
Amount Approved
(units)
(units)
Permanent
Temporary
Wetland Impact W-10
(acres)
0.003 (acres)
Road Crossing -
Construction
Wetland Impact W-1
0.254 (acres)
(acres)
Sanitary Sewer
(Conversion only — no
permanent fill)
Wetland Impact W-2 and
(acres)
0.127 (acres)
W-3
Sanitary Sewer —
Temporary Construction
Corridor
Wetland Impact W-4
0.031 (acres)
(acres)
Sanitary Sewer
(Conversion only — no
permanent fill)
Wetland Impact W-5 and
(acres)
0.010 (acres)
W-6
Sanitary Sewer —
Temporary Construction
Corridor
Wetland Impact W-7
0.077 (acres)
(acres)
Sanitary Sewer
(Conversion only — no
permanent fill)
Wetland Impact W-8 and
(acres)
0.038 (acres)
W-9
Sanitary Sewer —
Temporary Construction
Corridor
Perennial Stream S-1A &
(linear feet)
_
58 (linear feet)
S1D
Dewatering
Perennial Stream S-113
93 (linear feet)
(linear feet)
Road Crossing
Perennial Stream S-1C
31 (linear feet)
(linear feet)
(Dissipator Pad — no
permanent loss)
Perennial Stream S-2A &
(linear feet)
61 (linear feet)
S2D
Dewatering
Perennial Stream S-213
113 (linear feet)
(linear feet)
Road Crossing
Perennial Stream S-2C
34 (linear feet)
(linear feet)
(Dissipator Pad — no
permanent loss)
Perennial Stream S-3
(linear feet)
30 (linear feet)
Sanitary Sewer Crossing
2. 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 the 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 approval letter and General
Certification(s)/Permit/Authorization and is responsible for complying with all
conditions. [15A NCAC 02H .0507(d)(2)].
Any additional impacts to streams and/or wetlands as a result of future roads, buildings,
driveways, utility lines or other development related activities within the Providence
Creek Subdivision may be considered cumulative to impacts approved in this
Certification and may require a modification of this 401 Water Quality Certification
approval. [15A NCAC 02H .0506(4) and 15A NCAC 02H .0501 and .0502]
4. The permittee shall report to the Fayetteville Regional Office any noncompliance with
this certification, any violation of stream or wetland standards [15A NCAC 02B .0200]
including but not limited to sediment impacts, and any violation of state regulated
riparian buffer rules [15A NCAC 02B .0200]. Information shall be provided orally within
24 hours (or the next business day if a weekend or holiday) from the time the applicant
became aware of the circumstances. A written submission shall also be provided within
5 business days of the time the applicant becomes aware of the circumstances. The
written submission shall contain a description of the noncompliance, and its causes; the
period of noncompliance, including exact dates and times, if the noncompliance has not
been corrected, the anticipated time compliance is expected to continue; and steps
taken or planned to reduce, eliminate, and prevent reoccurrence of the
noncompliance. The Division may waive the written submission requirement on a case -
by -case basis.
5. Because stormwater management is being reviewed by Harnett County under the
Water Supply Watershed Program and this review is being used to meet stormwater
requirements on this project, you are required to submit a proof of the County's
approval. This approval shall be submitted to Chonticha McDaniel of the DWR 401 and
Buffer Permitting Branch at chonticha.mcdaniel@ncdenr.gov before any impacts
authorized in this certification occur.
6. All wetlands, streams, surface waters, and riparian buffers located within 50 feet of the
construction area on the project site shall be clearly marked (example- orange fabric
fencing) prior to any land disturbing activities and must be maintained on the property
until the project phase is completed. [15A NCAC 02H .0506 (b)(2) and (c)(2) and 15A
NCAC 02H .0507 (c)].
This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]
This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by
filing a written petition for an administrative hearing to the Office of Administrative Hearings
(hereby known as OAH) within sixty (60) calendar days.
A petition form may be obtained from the OAH at htt : �www.ncoah.comI or by calling the OAH
Clerk's Office at (919) 431-3000 for information. A petition is considered filed when the original
and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal
office hours (Monday through Friday between B:OOam and 5:00pm, excluding official state
holidays).
The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of
the petition along with any applicable OAH filing fee is received by the OAH within five (5)
business days following the faxed transmission.
Mailing address for the OAH:
If sending via US Postal Service
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
If sending via delivery service (UPS,
FedEx, etc):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to Department of Environmental Quality:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review of the Division under section 401 of the Clean Water Act.
Please contact Chad Turlington at 910-433-3320 or chad.turlington@ncdenr.gov if you have any
questions or concerns.
Sincerely,
Docu Signedby��
)'R A� a -y zr'
5189C2D3DD5C42B...
Trent Allen
Regional Supervisor
Division of Water Resources
Water Quality Regional Operations Section
Enclosures: GC4133
GC4139
Cc: Deborah Shirley — Soil & Environmental Consultants, PA - via email
Emily Greer - USACE Wilmington Regulatory Field Office - via email
FRO File
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
DWR Project No.:
Applicant:
Project Name:
'yam,_��
� `f5� �ZUAM Nib
NORTH CAROLINA
Environmental Quality
County:
Date of Issuance of 401 Water Quality Certification:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and
any subsequent modifications, the applicant is required to return this certificate to the DWR Central Office —
Wetlands and Buffers Permitting Unit at 1650 Mail Service Center, Raleigh, NC 27699-1650. This form may be
returned to DWR by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary
to send certificates from all of these.
Applicant's Certification
I, , hereby state that, to the best of my abilities, due care and
diligence was used in the observation of the construction such that the construction was observed to be built
within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved
plans and specifications, and other supporting materials.
Signature:
Agent's Certification
Date:
I, , hereby state that, to the best of my abilities, due care and
diligence was used in the observation of the construction such that the construction was observed to be built
within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved
plans and specifications, and other supporting materials.
Signature: Date:
If this project was designed by a Certified Professional
I as a duly registered Professional (i.e., Engineer,
Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe
(periodically, weekly, full time) the construction of the project, for the Permitee hereby state that, to the best of
my abilities, due care and diligence was used in the observation of the construction such that the construction
was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and
Buffer Rules, the approved plans and specifications, and other supporting materials.
Signature: Registration No.
Date
ms" North Carolina Departmentm of Environmental Quality Division of water Resources
E Fayetteville Regional Office 225 Green Street, Suite 714 1 Fayetteville, North Carolina 28301
KA11 a „n-^,:ll.INA _ e
oeaanmenc o�en�o�„remar o�ar� /�� 910.433.3300
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF WATER RESOURCES
WATER QUALITY GENERAL CERTIFICATION NO. 4133
GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR US ARMY CORPS OF ENGINEERS
• NATIONWIDE PERMIT 12 (UTILITY LINE ACTIVITIES)
Water Quality Certification Number 4133 is issued in conformity with the requirements of
Section 401, Public Laws 92-500 and 95-217 of the United States and subject to the North
Carolina Regulations in 15A NCAC 02H .0500 and 15A NCAC 02B .0200 for the discharge of fill
material to surface waters and wetland areas as described in 33 CFR 330 Appendix A (B) (12) of
the US Army Corps of Engineers regulations.
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.
Effective date: December 1, 2017
Signed this day: December 1, 2017
a
for Linda Culpepper
Interim Director
GC4133
Activities meeting any one (1) of the following thresholds or circumstances require written
approval for a 401 Water Quality Certification from the Division of Water Resources (DWR):
a) If any of the Conditions of this Certification (listed below) cannot be met; or
b) Total permanent impacts to wetlands or open waters equal to or greater than one -tenth
(1/10) acre within the entire utility project; or
c) Any permanent impacts to streams; or
d) Total temporary impacts to streams greater than 500 feet within the entire utility
project; or
e) Any stream relocation or stream restoration; or
f) Any high -density utility line and associated facilities project, as defined in 15A NCAC 02H
.1003(2)(a) and by the density thresholds specified in 15A NCAC 02H .1017, which:
i. Disturbs one acre or more of land (including a project that disturbs less than one
acre of land that is part of a larger common plan of development or sale); and
ii. Has permanent wetland, stream or open water impacts; and
iii. Is proposing new built -upon area; and
iv. Does not have a stormwater management plan reviewed and approved under a
state stormwater program' or a state -approved local government stormwater
program'.
Projects that have vested rights, exemptions, or grandfathering from state or locally -
implemented stormwater programs and projects that satisfy state or locally -
implemented stormwater programs through use of community in -lieu programs require
written approval; or
g) Any permanent impacts to waters, or to wetlands adjacent to waters, designated as:
ORW (including SAV), HQW (including PNA), SA, WS-I, WS-II, Trout, or North Carolina or
National Wild and Scenic River; or
h) Any permanent impacts to coastal wetlands [15A NCAC 07H .0205], or Unique Wetlands
(UWL); or
i) Any impact associated with a Notice of Violation or an enforcement action for
violation(s) of NC Wetland Rules (15A NCAC 02H .0500), NC Isolated Wetland Rules (15A
NCAC 02H .1300), NC Surface Water or Wetland Standards (15A NCAC 02B .0200), or
State Regulated Riparian Buffer Rules (15A NCAC 02B .0200); or
j) Any impacts to subject water bodies and/or state regulated riparian buffers along
subject water bodies in the Neuse, Tar -Pamlico, or Catawba River Basins or in the
Randleman Lake, Jordan Lake or Goose Creek Watersheds (or any other basin or
watershed with State Regulated Riparian Area Protection Rules [Buffer Rules] in effect
at the time of application) unless:
i. The activities are listed as "EXEMPT" from these rules; or
ii. A Buffer Authorization Certificate is issued by the NC Division of Coastal
Management (DCM); or
1 e.g. Coastal Counties, HQW, ORW, or state -implemented Phase II NPDES
2 e.g. Delegated Phase 11 NPDES, Water Supply Watershed, Nutrient -Sensitive Waters, or Universal Stormwater
Management Program
Page 2of12
GC4133
iii. A Buffer Authorization Certificate or a Minor Variance is issued by a delegated or
designated local government implementing a state riparian buffer program
pursuant to 143-215.23.
Activities included in this General Certification that do not meet one of the thresholds listed
above do not require written approval.
I. ACTIVITY SPECIFIC CONDITIONS:
1. All sewer lines shall be designed, constructed and maintained in accordance with Title 15A
NCAC Chapter 02T.
2. 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. Exceptions to this condition
require application to and written approval from DWR. [15A NCAC 02H .0506 (b)(4) and
(c)(4)]
3. 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). Exceptions to this condition require application to and
written approval from DWR. [15A NCAC 02H .0506 (b)(2) and (c)(2)]
4. Construction corridors in wetlands and across stream channels shall be minimized to the
maximum extent practicable and shall not exceed 50 feet wide for gas utility lines and 40
feet wide for all other utility lines. Exceptions to this condition require application to and
written approval from DWR. [15A NCAC 02H .0506 (b)(2) and (c)(2)]
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 not
permitted.
5. 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 for gas utility
lines and 20 feet wide for all other utility lines except at manhole locations. 15-foot by 15-
foot perpendicular vehicle turnarounds shall be allowed in access corridors but must be
spaced at least 500 feet apart. Exceptions to this condition require application to and
written approval from DWR. [15A NCAC 02H .0506 (b)(2) and (c)(2)]
6. 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
Page 3 of 12
GG4133
infiltration of 1 X 10-5 cm/sec or less. A section and plan view diagram is attached for the
anti -seep collars. [15A NCAC 02H .0506 (b)(4) and (c)(4)]
The following specifications shall apply to class B concrete:
a. Minimum cement content, sacks per cubic yard with rounded coarse aggregate 5.0
b. Minimum cement content, sacks per cubic yard with angular coarse aggregate 5.5
c. Maximum water -cement ratio gallons per sack 6.8
d. Slump range 2" to 4"
e. Minimum strength - 28-day psi 2,500
7. The applicant shall have a specific plan for restoring wetland contours. Any excess material
will be removed to a high ground disposal area. [15A NCAC 02H .0506 (b)(2) and (c)(2)]
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.
8. For the North Carolina Department of Transportation, compliance with the NCDOT's
individual NPDES permit NCS000250 shall serve to satisfy this condition. All other high -
density utility line and associated facilities projects that trigger threshold Item (f) above
shall comply with one of the following requirements: [15A NCAC 02H .0506(b)(5) and (c)(5)]
a. Provide a completed Stormwater Management Plan (SMP) for review and approval,
including all appropriate stormwater control measure (SCM) supplemental forms and
associated items, that complies with the high -density development requirements of 15A
NCAC 02H .1003. Stormwater management shall be provided throughout the entire
project area in accordance with 15A NCAC 02H .1003. For the purposes of 15A NCAC
02H .1003(2)(a), density thresholds shall be determined in accordance with 15A NCAC
02H .1017.
b. Provide documentation (including calculations, photos, etc.) that the project will not
cause degradation of downstream surface waters. Documentation shall include a
detailed analysis of the hydrological impacts from stormwater runoff when considering
the volume and velocity of stormwater runoff from the project built upon area and the
size and existing condition of the receiving stream(s).
Exceptions to this condition require application to and written approval from DWR.
II. GENERAL CONDITIONS:
1. When written authorization is required, the plans and specifications for the project are
incorporated into the authorization by reference and are an enforceable part of the
Certification. Any modifications to the project require notification to DWR and may require
an application submittal to DWR with the appropriate fee. [15A NCAC 02H .0501 and .05021
Page 4 of 12
GC4133
2. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the
footprint of the impacts (including temporary impacts) as authorized in the written approval
from DWR; or beyond the thresholds established for use of this Certification without
written authorization. [15A NCAC 02H .0501 and .05021
No removal of vegetation or other impacts of any kind shall occur to state regulated riparian
buffers beyond the footprint of impacts approved in a Buffer Authorization or Variance or
as listed as an exempt activity in the applicable riparian buffer rules. [15A NCAC 02B .0200]
3. In accordance with 15A NCAC 02H .0506(h) and Session Law 2017-10, compensatory
mitigation may be required for losses of greater than 300 linear feet of perennial streams
and/or greater than one (1) acre of wetlands. Impacts associated with the removal of a
dam shall not require mitigation when the removal complies with the requirements of Part
3 of Article 21 in Chapter 143 of the North Carolina General Statutes. Impacts to isolated
and other non-404 jurisdictional wetlands shall not be combined with 404 jurisdictional
wetlands for the purpose of determining when impact thresholds trigger a mitigation
requirement. For linear publicly owned and maintained transportation projects that are not
determined to be part of a larger common plan of development by the US Army Corps of
Engineers, compensatory mitigation may be required for losses of greater than 300 linear
feet per perennial stream.
Compensatory stream and/or wetland mitigation shall be proposed and completed in
compliance with G.S. 143-214.11. For applicants proposing to conduct mitigation within a
project site, a complete mitigation proposal developed in accordance with the most recent
guidance issued by the US Army Corps of Engineers Wilmington District shall be submitted
for review and approval with the application for impacts.
4. All activities shall be in compliance with any applicable State Regulated Riparian Buffer
Rules in Chapter 2 of Title 15A.
5. 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. [15A
NCAC 02H .0506 (b)(3) and (c)(3) and 15A NCAC 02B .0200]
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 NCDOT 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.
Page 5 of 12
GC4133
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-li, 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.
6. Sediment and erosion control measures shall not be placed in wetlands or waters except
within the footprint of temporary or permanent impacts authorized under this Certification.
Exceptions to this condition require application to and written approval from DWR. [15A
NCAC 02H .0501 and .0502]
7. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be
used along streambanks or within wetlands. Exceptions to this condition require
application to and written approval from DWR. [15A NCAC 026 .0201]
8. An NPDES Construction Stormwater Permit (NCG010000) is required for construction
projects that disturb one (1) or more acres of land. The NCGO10000 Permit allows
stormwater to be discharged during land disturbing construction activities as stipulated in
the conditions of the permit. If the project is covered by this permit, full compliance with
permit conditions including the erosion & sedimentation control plan, inspections and
maintenance, self -monitoring, record keeping and reporting requirements is required. [15A
NCAC 02H .0506(b)(5) and (c)(5)]
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 (NCS000250) stormwater permit. [15A NCAC 02H
.0506(b)(5) and (c)(5)]
9. 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 DOT
Construction and Maintenance Activities Manual, such as sandbags, rock berms,
cofferdams, and other diversion structures shall be used to minimize excavation in flowing
water. Exceptions to this condition require application to and written approval from DWR.
[15A NCAC 02H .0506(b)(3) and (c)(3)]
10. 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. [15A NCAC 02H .0506
(b)(2) and 15A NCAC 046 .0125]
Page 6 of 12
CC4133
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. A copy of the approval from the resource agency shall be forwarded to DWR.
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.
11. 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. [15A NCAC 02H .0506(b)(2) and (c)(2)]
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 multiple pipes or barrels are required, they shall be designed to mimic the existing stream
cross section as closely as possible including pipes or barrels at flood plain elevation and/or
sills where appropriate. Widening the stream channel shall be avoided.
When topographic constraints indicate culvert slopes of greater than 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, etc.). Notification, including supporting documentation to include
a location map of the culvert, culvert profile drawings, and slope calculations, shall be
provided to DWR 60 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 60 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.
If other site -specific topographic constraints preclude the ability to bury the culverts as
described above and/or it can be demonstrated that burying the culvert would result in
destabilization of the channel, then exceptions to this condition require application to and
written approval from DWR.
Page 7 of 12
GC4133
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.
12. 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. Exceptions to this condition require application to and written
approval from DWR. [15A NCAC 02H .0506(b)(5)]
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. [15A
NCAC 02B .0200 and 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.
[15A NCAC 02B .0200]
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 stream's original cross sectional dimensions, planform pattern, and
longitudinal bed profile. For projects that receive written approval, no temporary impacts
are allowed beyond those included in the application and authorization. All temporarily
impacted sites shall be restored and stabilized with native vegetation. [15A NCAC 02H
.0506(b)(2) and (c)(2)]
16. 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 during
use of this Certification. [15A NCAC 02H .0506(b)(2) and (c)(2)]
Page 8 of 12
GC4133
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 stream
elevation and streambank contours are restored and maintained. 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 in a manner that precludes aquatic life passage.
[15A NCAC 02H .0506(b)(2)]
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. [15A NCAC 02H .0506(b)(2)]
19. Applications for 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.
20. All mechanized equipment operated near surface waters shall be inspected and maintained
regularly to prevent contamination of stream 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. [15A NCAC
02H .0506(b)(3) and (c)(3) and 15A NCAC 026 .0211(12)]
21. Heavy equipment working in wetlands shall be placed on mats or other measures shall be
taken to minimize soil disturbance. [15A NCAC 02H .0506(b)(3) and (c)(3)]
22.In accordance with 143-215.85(b), the applicant 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.
23. If an environmental document is required under the State Environmental Policy Act (SEPA),
then this General Certification is not valid until a Finding of No Significant Impact (FONSI) or
Record of Decision (ROD) is issued by the State Clearinghouse. If an environmental
document is required under the National Environmental Policy Act (NEPA), then this
General Certification is not valid until a Categorical Exclusion, the Final Environmental
Assessment, or Final Environmental Impact Statement is published by the lead agency. [15A
NCAC 01C .0107(a)]
Page 9 of 12
GG4133
24. This General Certification does not relieve the applicant 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.
25. The applicant 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. If DWR determines that such standards or laws are not being met, including
failure to sustain a designated or achieved use, or that State or Federal law is being violated,
or that further conditions are necessary to assure compliance, then DWR may revoke or
modify a written authorization associated with this General Water Quality Certification.
[15A NCAC 02H .0507(d)]
26. 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 Certification. A copy of this Certification,
including all conditions shall be available at the project site during the construction and
maintenance of this project. [15A NCAC 02H .0507 (c) and 15A NCAC 02H .0506 (b)(2) and
(c)(2)]
27. When written authorization is required for use of this Certification, upon completion of all
permitted impacts included within the approval and any subsequent modifications, the
applicant shall be required to return a certificate of completion (available on the DWR
website: https://edocs.deg.nc.gov/Forms/Certificate-of-Completion). [15A NCAC 02H
.0502(f)]
28. Additional site -specific conditions, including monitoring and/or modeling requirements,
may be added to the written approval letter for projects proposed under this Water Quality
Certification in order to ensure compliance with all applicable water quality and effluent
standards. [15A NCAC 02H .0507(c)]
29. If the property or project is sold or transferred, the new permittee shall be given a copy of
this Certification (and written authorization if applicable) and is responsible for complying
with all conditions. [15A NCAC 02H .0501 and .0502]
Ill. GENERAL CERTIFICATION ADMINISTRATION:
1. In accordance with North Carolina General Statute 143-215.3D(e), written approval for a
401 Water Quality General Certification must include the appropriate fee. An applicant for
a CAMA permit under Article 7 of Chapter 113A of the General Statutes for which a Water
Quality Certification is required shall only make one payment to satisfy both agencies; the
fee shall be as established by the Secretary in accordance with 143-215.3D(e)(7).
Page 10 of 12
GC4133
2. This Certification neither grants nor affirms any property right, license, or privilege in any
waters, or any right of use in any waters. This Certification does not authorize any person
to interfere with the riparian rights, littoral rights, or water use rights of any other person
and this Certification does not create any prescriptive right or any right of priority regarding
any usage of water. This 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 Certification to possess any prescriptive or
other right of priority with respect to any other consumptive user regardless of the quantity
of the withdrawal or the date on which the withdrawal was initiated or expanded.
3. This Certification grants permission to the Director, an authorized representative of the
Director, or DWR staff, upon the presentation of proper credentials, to enter the property
during normal business hours. [15A NCAC 02H .0502(e)]
4. This General Certification shall expire on the same day as the expiration date of the
corresponding Nationwide Permit and/or Regional General Permit. The conditions in effect
on the date of issuance of Certification for a specific project shall remain in effect for the life
of the project, regardless of the expiration date of this Certification. This General
Certification is rescinded when the US Army Corps of Engineers reauthorizes any of the
corresponding Nationwide Permits and/or Regional General Permits or when deemed
appropriate by the Director of the Division of Water Resources.
5. Non-compliance with or violation of the conditions herein set forth by a specific project may
result in revocation of this General Certification for the project and may also result in
criminal and/or civil penalties.
6. The Director of the North Carolina Division of Water Resources may require submission of a
formal application for Individual Certification for any project in this category of activity 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 degrade the waters so that existing uses of the water or
downstream waters are precluded.
History Note: Water Quality Certification (WQC) Number 4133 issued December 1, 2017
replaces WQC 4086 issued March 3, 2017; WQC 3884 issued March 19, 2012, WQC Number
3819 issued March 19, 2010, WQC Number 3699 issued November 1, 2007; WQC Number 3625
issued March 19, 2007, WQC Number 3374 issued March 18, 2002; WQC Number 3288 issued
June 1, 2000; WQC Number 3101 issued February 11, 1997; WQC Number 3022 issued
September 6, 1995, WQC Number 2664 issued January 21, 1992.
Page 11 of 12
GC4133
ANTI -SEEP COLLAR
Inches I
I Utility Line
I I {Diameter Varies)
I
1 f t I I Class B Concrete
or Compacted Clay
L_ I
t
6 inches "=r9nchVV1dth 6 inches
Not to exceed 40 feet
SECTION
Class B Concrete
or Compacted Clay
12
inches
6 inch qa.,,W-4_ fi inches
PLAN
Page 12 of 12
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF WATER RESOURCES
WATER QUALITY GENERAL CERTIFICATION NO.4139
GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR US ARMY CORPS OF ENGINEERS
• NATIONWIDE PERMIT NUMBER 18 (MINOR DISCHARGES),
• NATIONWIDE PERMIT NUMBER 29 (RESIDENTIAL DEVELOPMENT),
• NATIONWIDE PERMIT NUMBER 39 (COMMERCIAL AND INSTITUTIONAL
DEVELOPMENTS),
• NATIONWIDE PERMIT NUMBER 40 (AGRICULTURAL ACTIVITIES),
• NATIONWIDE PERMIT NUMBER 41(RESHAPING EXISTING DRAINAGE DITCHES),
• NATIONWIDE PERMIT NUMBER 42 (RECREATIONAL FACILITIES),
• NATIONWIDE PERMIT NUMBER 44 (MINING ACTIVITIES),
• NATIONWIDE PERMIT NUMBER 46 (DISCHARGES IN DITCHES),
• NATIONWIDE PERMIT NUMBER 51(LAND BASED RENEWABLE ENERGY GENERATION
FACILITIES), AND
• NATIONWIDE PERMIT NUMBER 52 (WATER BASED RENEWABLE ENERGY GENERATION
PILOT PROJECTS).
Water Quality Certification Number 4139 is issued in conformity with the requirements of
Section 401, Public Laws 92-500 and 95-217 of the United States and subject to the North
Carolina Regulations in 15A NCAC 02H .0500 and 15A NCAC 02B .0200 for the discharge of fill
material to surface waters and wetland areas as described in 33 CFR 330 Appendix A (B) (18, 29,
39, 40, 41, 42, 44, 46, 51 and 52) of the US Army Corps of Engineers regulations.
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.
Effective date: December 1, 2017
Signed this day: December 1, 2017
0
for Linda Culpepper
Interim Director
GC4139
Activities meeting any one (1) of the following thresholds or circumstances require written
approval for a 401 Water Quality Certification from the Division of Water Resources (DWR):
a) If any of the conditions of this Certification (listed below) cannot be met; or
b) Any impacts to streams from excavation or dredging other than excavation that is
conducted as preparation for installing permanent fill or structures; or
c) Total temporary and permanent impacts to streams greater than 150 feet; or
d) Any stream relocation or stream restoration; or
e) Complete dewatering and drawdowns to a sediment layer related to pond/dam
maintenance or removal; or
f) Total temporary and permanent impacts to wetlands or open waters equal to or greater
than one -tenth (1/10) acre; or
g) Any high -density project, as defined in 15A NCAC 02H .1003(2)(a) and by the density
thresholds specified in 15A NCAC 02H .1017, which:
i. Disturbs one acre or more of land (including a project that disturbs less than one
acre of land that is part of a larger common plan of development or sale); and
ii. Has permanent wetland, stream or open water impacts; and
iii. Is proposing new built -upon area; and
iv. Does not have a stormwater management plan reviewed and approved under a
state stormwater program' or a state -approved local government stormwater
programz.
Projects that have vested rights, exemptions, or grandfathering from state or locally -
implemented stormwater programs and projects that satisfy state or locally -
implemented stormwater programs through use of community in -lieu programs require
written approval.; or
h) Any permanent impacts to waters, or to wetlands adjacent to waters, designated as:
ORW (including SAV), HQW (including PNA), SA, WS-I, WS-II, Trout, or North Carolina or
National Wild and Scenic River; or
i) Any permanent impacts to coastal wetlands [15A NCAC 07H .0205], or Unique Wetlands
(UWL) [15A NCAC 02H .0506]; or
j) Any impact associated with a Notice of Violation or an enforcement action for
violation(s) of NC Wetland Rules (15A NCAC 02H .0500), NC Isolated Wetland Rules (15A
NCAC 02H .1300), NC Surface Water or Wetland Standards (15A NCAC 02B .0200), or
State Regulated Riparian Buffer Rules (15A NCAC 02B .0200); or
k) Any impacts to subject water bodies and/or state regulated riparian buffers along
subject water bodies in the Neuse, Tar -Pamlico, or Catawba River Basins or in the
Randleman Lake, Jordan Lake or Goose Creek Watersheds (or any other basin or
watershed with State Regulated Riparian Area Protection Rules [Buffer Rules] in effect
at the time of application) unless:
i. The activities are listed as "EXEMPT" from these rules; or
1 e.g. Coastal Counties, HQW, ORW, or state -implemented Phase II NPDES
z e.g. Delegated Phase II NPDES, Water Supply Watershed, Nutrient -Sensitive Waters, or Universal Stormwater
Management Program
Page 2 of 11
GC4139
ii. A Buffer Authorization Certificate is issued by the NC Division of Coastal
Management (DCM); or
iii. A Buffer Authorization Certificate or a Minor Variance is issued by a delegated or
designated local government implementing a state riparian buffer program
pursuant to 143-215.23.
Activities included in this General Certification that do not meet one of the thresholds listed
above do not require written approval.
I. ACTIVITY SPECIFIC CONDITIONS:
1. If this Water Quality Certification is used to access residential, commercial or industrial
building sites, then all parcels owned by the applicant that are part of the single and
complete project authorized by this Certification must be buildable without additional
impacts to streams or wetlands. If required in writing by DWR, the applicant shall provide
evidence that the parcels are buildable without requiring additional impacts to wetlands,
waters, or state regulated riparian buffers. [15A NCAC 02H .0506(b)(4) and (c)(4)]
2. For road construction purposes, this Certification shall only be utilized from natural high
ground to natural high ground. [15A NCAC 02H .0506(b)(2) and (c)(2)]
3. Deed notifications or similar mechanisms shall be placed on all lots with retained
jurisdictional wetlands, waters, and state regulated riparian buffers within the project
boundaries in order to assure compliance with NC Wetland Rules (15A NCAC 02H .0500), NC
Isolated Wetland Rules (15A NCAC 02H .1300), and/or State Regulated Riparian Buffer Rules
(15A NCAC 02B .0200). These mechanisms shall be put in place at the time of recording of
the property or individual parcels, whichever is appropriate. 115A NCAC 02H .0506(b)(4)
and (c)(4)]
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.
5. For the North Carolina Department of Transportation, compliance with the NCDOT's
individual NPDES permit NCS000250 shall serve to satisfy this condition. All other high -
density projects that trigger threshold Item (g) above shall comply with one of the following
requirements: 115A NCAC 02H .0506(b)(5) and (c)(5)]
Page 3 of 11
GC4139
a. Provide a completed Stormwater Management Plan (SMP) for review and approval,
including all appropriate stormwater control measure (SCM) supplemental forms and
associated items, that complies with the high -density development requirements of 15A
NCAC 02H .1003. Stormwater management shall be provided throughout the entire
project area in accordance with 15A NCAC 02H .1003. For the purposes of 15A NCAC
02H .1003(2)(a), density thresholds shall be determined in accordance with 15A NCAC
02H .1017.
b. Provide calculations to document that the project will not cause degradation of
downstream surface waters. Documentation shall include a detailed analysis of the
hydrological impacts from stormwater runoff when considering the volume and velocity
of stormwater runoff from the project built upon area and the size and existing
condition of the receiving stream(s).
Exceptions to this condition require application to and written approval from DWR.
II. GENERAL CONDITIONS:
1. When written authorization is required, the plans and specifications for the project are
incorporated into the authorization by reference and are an enforceable part of the
Certification. Any modifications to the project require notification to DWR and may require
an application submittal to DWR with the appropriate fee. [15A NCAC 02H .0501 and .0502]
2. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the
footprint of the impacts (including temporary impacts) as authorized in the written approval
from DWR; or beyond the thresholds established for use of this Certification without
written authorization. [15A NCAC 02H .0501 and .0502]
No removal of vegetation or other impacts of any kind shall occur to state regulated riparian
buffers beyond the footprint of impacts approved in a Buffer Authorization or Variance or
as listed as an exempt activity in the applicable riparian buffer rules. [15A NCAC 02B .0200]
3. In accordance with 15A NCAC 02H .0506(h) and Session Law 2017-10, compensatory
mitigation may be required for losses of greater than 300 linear feet of perennial streams
and/or greater than one (1) acre of wetlands. Impacts associated with the removal of a
dam shall not require mitigation when the removal complies with the requirements of Part
3 of Article 21 in Chapter 143 of the North Carolina General Statutes. Impacts to isolated
and other non-404 jurisdictional wetlands shall not be combined with 404 jurisdictional
wetlands for the purpose of determining when impact thresholds trigger a mitigation
requirement. For linear publicly owned and maintained transportation projects that are not
determined to be part of a larger common plan of development by the US Army Corps of
Engineers, compensatory mitigation may be required for losses of greater than 300 linear
feet per perennial stream.
Page 4 of 11
GG4139
Compensatory stream and/or wetland mitigation shall be proposed and completed in
compliance with G.S. 143-214.11. For applicants proposing to conduct mitigation within a
project site, a complete mitigation proposal developed in accordance with the most recent
guidance issued by the US Army Corps of Engineers Wilmington District shall be submitted
for review and approval with the application for impacts.
4. All activities shall be in compliance with any applicable State Regulated Riparian Buffer
Rules in Chapter 2 of Title 15A.
5. 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. [15A
NCAC 02H .0506 (b)(3) and (c)(3) and 15A NCAC 02B .0200]
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 NCDOT 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.
6. Sediment and erosion control measures shall not be placed in wetlands or waters except
within the footprint of temporary or permanent impacts authorized under this Certification.
Exceptions to this condition require application to and written approval from DWR. [15A
NCAC 02H .0501 and .0502]
7. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be
used along streambanks or within wetlands. Exceptions to this condition require
application to and written approval from DWR. [15A NCAC 02B .0201]
Page 5 of 11
GC4139
8. An NPDES Construction Stormwater Permit (NCGO10000) is required for construction
projects that disturb one (1) or more acres of land. The NCG010000 Permit allows
stormwater to be discharged during land disturbing construction activities as stipulated in
the conditions of the permit. If the project is covered by this permit, full compliance with
permit conditions including the erosion & sedimentation control plan, inspections and
maintenance, self -monitoring, record keeping and reporting requirements is required. [15A
NCAC 02H .0506(b)(5) and (c)(5)]
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 (NCS000250) stormwater permit. [15A NCAC 02H
.0506(b)(5) and (c)(5)]
9. 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 DOT
Construction and Maintenance Activities Manual, such as sandbags, rock berms,
cofferdams, and other diversion structures shall be used to minimize excavation in flowing
water. Exceptions to this condition require application to and written approval from DWR.
[15A NCAC 02H .0506(b)(3) and (c)(3)]
10. 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. [15A NCAC 02H
.0506(b)(2) and 15A NCAC 04B.0125]
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. A copy of the approval from the resource agency shall be forwarded to DWR.
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.
11. 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. [15A NCAC 02H .0506(b)(2) and (c)(2)]
Page 6 of 11
GC4139
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 multiple pipes or barrels are required, they shall be designed to mimic the existing stream
cross section as closely as possible including pipes or barrels at flood plain elevation and/or
sills where appropriate. Widening the stream channel shall be avoided.
When topographic constraints indicate culvert slopes of greater than 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, etc.). Notification, including supporting documentation to include
a location map of the culvert, culvert profile drawings, and slope calculations, shall be
provided to DWR 60 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 60 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.
If other site -specific topographic constraints preclude the ability to bury the culverts as
described above and/or it can be demonstrated that burying the culvert would result in
destabilization of the channel, then exceptions to this condition require application to and
written approval from DWR.
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.
12. 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. -Exceptions to this condition require application to and written
approval from DWR. [15A NCAC 02H .0506(b)(5)]
Page 7 of 11
GC4139
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. [15A
NCAC 02B .0200 and 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.
[15A NCAC 02B .0200]
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 stream's original cross sectional dimensions, planform pattern, and
longitudinal bed profile. For projects that receive written approval, no temporary impacts
are allowed beyond those included in the application and authorization. All temporarily
impacted sites shall be restored and stabilized with native vegetation. [15A NCAC 02H
.0506(b)(2) and (c)(2)]
16. 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 during
use of this Certification. [15A NCAC 02H .0506(b)(2) and (c)(2)]
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 stream
elevation and streambank contours are restored and maintained. 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 in a manner that precludes aquatic life passage.
[15A NCAC 02H .0506(b)(2)]
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. [15A NCAC 02H .0506(b)(2)]
19. Applications for 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.
Page 8 of 11
GC4139
20. 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. [15A NCAC
02H .0506(b)(3) and (c)(3) and 15A NCAC 026.0211(12)]
21. Heavy equipment working in wetlands shall be placed on mats or other measures shall be
taken to minimize soil disturbance. [15A NCAC 02H .0506(b)(3) and (c)(3)]
22. In accordance with 143-215.85(b), the applicant 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.
23. If an environmental document is required under the State Environmental Policy Act (SEPA),
then this General Certification is not valid until a Finding of No Significant Impact (FONSI) or
Record of Decision (ROD) is issued by the State Clearinghouse. If an environmental
document is required under the National Environmental Policy Act (NEPA), then this
General Certification is not valid until a Categorical Exclusion, the Final Environmental
Assessment, or Final Environmental Impact Statement is published by the lead agency [15A
NCAC 01C .0107(a)]
24. This General Certification does not relieve the applicant 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.
25. The applicant 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. If DWR determines that such standards or laws are not being met, including
failure to sustain a designated or achieved use, or that State or Federal law is being violated,
or that further conditions are necessary to assure compliance, then DWR may revoke or
modify a written authorization associated with this General Water Quality Certification.
[15A NCAC 02H .0507(d)]
26. 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 Certification. A copy of this Certification,
including all conditions shall be available at the project site during the construction and
maintenance of this project. [15A NCAC 02H .0507 (c) and 15A NCAC 02H .0506 (b)(2) and
(c)(2)]
Page 9 of 11
GC4139
27. When written authorization is required for use of this Certification, upon completion of all
permitted impacts included within the approval and any subsequent modifications, the
applicant shall be required to return a certificate of completion (available on the DWR
website https://edocs.deg.nc.gov/Forms/Certificate-of-Completion). [15A NCAC 02H
.0502(f)]
28. Additional site -specific conditions, including monitoring and/or modeling requirements,
may be added to the written approval letter for projects proposed under this Water Quality
Certification in order to ensure compliance with all applicable water quality and effluent
standards. [15A NCAC 02H .0507(c)]
29. If the property or project is sold or transferred, the new permittee shall be given a copy of
this Certification (and written authorization if applicable) and is responsible for complying
with all conditions. [15A NCAC 02H .0501 and .0502]
Ill. GENERAL CERTIFICATION ADMINISTRATION:
1. In accordance with North Carolina General Statute 143-215.3D(e), written approval for a
401 Water Quality General Certification must include the appropriate fee. An applicant for
a LAMA permit under Article 7 of Chapter 113A of the General Statutes for which a Water
Quality Certification is required shall only make one payment to satisfy both agencies; the
fee shall be as established by the Secretary in accordance with 143-215.3D(e)(7).
2. This Certification neither grants nor affirms any property right, license, or privilege in any
waters, or any right of use in any waters. This Certification does not authorize any person
to interfere with the riparian rights, littoral rights, or water use rights of any other person
and this Certification does not create any prescriptive right or any right of priority regarding
any usage of water. This 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 Certification to possess any prescriptive or
other right of priority with respect to any other consumptive user regardless of the quantity
of the withdrawal or the date on which the withdrawal was initiated or expanded.
3. This Certification grants permission to the Director, an authorized representative of the
Director, or DWR staff, upon the presentation of proper credentials, to enter the property
during normal business hours. [15A NCAC 02H .0502(e)]
4. This General Certification shall expire on the same day as the expiration date of the
corresponding Nationwide Permit and/or Regional General Permit. The conditions in effect
on the date of issuance of Certification for a specific project shall remain in effect for the life
of the project, regardless of the expiration date of this Certification. This General
Certification is rescinded when the US Army Corps of Engineers reauthorizes any of the
corresponding Nationwide Permits and/or Regional General Permits or when deemed
appropriate by the Director of the Division of Water Resources.
Page 10 of 11
GC4139
5. Non-compliance with or violation of the conditions herein set forth by a specific project may
result in revocation of this General Certification for the project and may also result in
criminal and/or civil penalties.
6. The Director of the North Carolina Division of Water Resources may require submission of a
formal application for Individual Certification for any project in this category of activity 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 degrade the waters so that existing uses of the water or
downstream waters are precluded.
History Note: Water Quality Certification (WQC) Number 4139 issued December 1, 2017
replaces WQC 4092 issued March 3, 2017; WQC 3890 issued March 19, 2012; replaces WQC
Number 3821 issued April 6, 2010; WQC Number 3531 issued March 19, 2007; WQC 3402 issued
March 28, 2003; WQC Number 3362, issued March 18, 2002, WQC 3287, issued June 1, 2000,
WQCs 3106 and 3108 issued February 11, 1997.
Page 11 of 11
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
TIM BAUMGARTNER
Director
Bruce Herbert
Mattamy Homes
2127 Ayrsley Town Blvd Suite 201
Charlotte, NC 28273
Project: Providence Creek SD
County: Harnett
401 permit#: 2019-1631
404 permit#: 2019-00611
DMS ID#: MR-07401
Amount Paid: $235,386.44
Check Number: 00012305
NORTH CAROLINA
Environmental Quality
RECEIPT
July 28, 2020
The NCDEQ Division of Mitigation Services (DMS) has received a check as indicated above as payment for the
compensatory mitigation requirements of the 401 Water Quality Certification/Section 404 Permit(s) issued for
the above -referenced project. This receipt serves as notification that your compensatory mitigation
requirements assigned to DMS associated with the authorized activity as specified below have been satisfied.
You must also comply with all other conditions of this certification and any other state, federal or local
government permits or authorization associated with this activity including G.S. § 143-214.11.
The DMS, by acceptance of this payment, acknowledges that the Division is responsible for the
compensatory mitigation requirements indicated below associated with the project permit and agrees to
provide the compensatory mitigation as specified in the permit. Mitigation responsibility assigned to the DMS
is nontransferable. The mitigation will be performed in accordance with the In -Lieu Fee Program instrument
dated July 28, 2010.
Mitigation Location
Mitigation Type
Credits
Cape Fear 03030004
Warm Stream
412
Cape Fear 03030004
Riparian Wetland
0.36
Refunds of payments made to NCDMS are only approved under certain conditions. All refund requests must
be submitted in accordance with the Division's refund policy. If you have any questions or need additional
information, please contact Kelly.Williams@ncdenr.gov.
Sincerely, ) ��
FOR Tim Baumgartner
Director
cc: Todd Tugwell, USACE - Raleigh; Emily Greer, USACE
Debbie E. Shirley, agent
NORTH CAROLN D E lv
Department of Environmental nuali
North Carolina Department of Environmental Quality I Division of Mitigation Services
217 W. Jones Street 1 1652 Mail Service Center I Raleigh, North Carolina 27699-1652
919.707.8976
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NAVAMAM
QVLAVAVAVAVA
MAMAVAM
MWWWWWAWA
14343*343*34
/ • • • • •
/ • • • • •
WETLAND IMPACTS - PERMANENT -NO PERMANENT LOSS
AREA
CLASSIFICATION
SQUARE FOOTAGE
W-1
SEWER INSTALL
11,081
W-4
SEWER INSTALL
1,367
W-7
SEWER INSTALL
3,358
TOTALI
15,8D6
WETLAND IMPACTS -TEMPORARY
AREA
CLASSIFICATION
SQUARE FOOTAGE
W-10
ROAD CONSTR
s77
W-2
SEWER INSTALL
2,779
W-3
SEWER INSTALL
2,762
W-5
I SEWER INSTALL
200
W-6
SEWER INSTALL
263
W-8
SEWER INSTALL
766
W-9
SEWER INSTALL
926
REVISEDTOTAL
8,073
STREAM IMPACTS - PERMANENT
AREA
CLASSIFICATION
SQUARE FOOTAGE
LF
S-1B
ROAD CONSTR
260
138
S-2B
ROAD CONSTR
223
110
REVISED TOTAL
248
STREAM IMPACTS - PERMANENT -NO PERMANENT LOSS
AREA
CLASSIFICATION
SQUARE FOOTAGE
LF
S-1C
ROAD CONSTR
28
S-2C
ROAD CONSTR
24
REVISEDTOTAL
92
52
AREA
CLASSIFICATION
SQUARE FOOTAGE
L
S-1A
ROAD CONSTR
25
13
S-2A
ROAD CONSTR
60
23
S-11)
ROAD CONSTR
10
9
S-21)
ROAD CONSTR
30
15
S-3
SEWER INSTALL
109
30
REVISED TOTAL
234
90
SUMMARY OF IMPACT CHANGES
WETLAND IMPACTS - PERMANENT -NO PERMANENT LOSS: No change
WETLAND IMPACTS —TEMPORARY: Increased by 268 SF
STREAM IMPACTS — PERMANENT: Increased by 84 SF / 42 LF
STREAM IMPACTS - PERMANENT -NO PERMANENT LOSS: decreased by 34 SF / 13 LF
STREAM IMPACTS —TEMPORARY: Decreased by 63 SF / 59 LF
v,MCIQMCREED IMPACT SUMMARY TABLE
1730 Varsity Drive, Suite 500 REVISED
Raleigh, North Carolina 27606
0:919.233.8091 F:919.233.8031 Providence Creek Subdivision
Scale: N/A
Date: Nov. 2019
Revision: 6/17/21
0' HARNETT COUNTY
RIPARIAN BUFFER (TYP)
- — — — _ EMPORARY STREAM IMPAC
- — — — ROAD CONSTRUCTIO
— — — AREA: 25 S.F., LENGTH 13 LF
ROPOSED TEMPORARY WETLAND IMPAC — NCDOT STD.
ROAD CONSTRUCTIO HEADWALL
377 S.F. _ \ / 1) 66" CMP CULVERT EMBEDDED
TOP -OF -BANK. \ 1' BELOW STREAMBED
— — ♦ _ NCDOT STD.
WETLAND "P" ENDWALL /
NORTH AREA —
S,\ \ ERMANENT-NO PERMANENT LOSS
TREAM IMPACT
ROAD CONSTRUCTION �4
\ \ AREA: 45 S.F., LENGTH 28 LF
TEMPORARY STREAM IMPAC
f \ \ :ROAD CONSTRUCTION
C� WETLAND "P" \ �% \ \ — AREA: 10 S.F., LENGTH 9 LF
-Z _ \ SOUTH AREA
♦ \ �_ — /
PERMANENT STREAM IMPAC -_ \ \ \ \ \ ` LIMITS OF /
— - ROAD CONSTRUCTIO \ \ \ \ \ DISTURBANCE J
— — — — _ AREA: 260 S.F., LENGTH 138 LF \ \ \ \ \ \ \\\ (TYP)
28'Lx11'Wx2' \ \ \ � \\\\\\ \
DISSIPATER PAD CLASS 1 RIPRAP STREAM "F';
KEYED -IN AT EX. STREAMBED—
�_______ ELEVATION
30' HA RN�COUNTY II \ I TOP OF BANK
RIPARIAN BUFFER (TYP) \ I , (TYP) / —
,j
1117
Scale: 1 "=50'
v,M�IQMCREED IMPACT 1 - REVISED
1730 Varsity Drive, Suite 500 0 25 so
Raleigh, North Carolina 27606 Date: Nov. 2019
0:919.233.8091 F:919.233.8031 Providence Creek Subdivision Revision: 6/17/21
0' HARNETT COUNTY
\\ f RIPARIAN BUFFER (TYP) I
TOP OF BAN
(TYP) STREAM "H"
TEMPORARY STREAM IMPAC I
CAD CONSTRUCTION I I
I 1 I ' AREA: 60 S.F., LENGTH 23 LF I I I \\ I
1
/ �� ♦ 2) 48" RCP CULVERTEMBEDDED
NCDOT STD. 1' BELOW STREAMBED \
HEADWALL G
NCDOT STD.
1 ENDWALL
® \ ERMANENT-NO PERMANENT LOSS\ \ \
/STREAM IMPACT l
/ / \ OAD CONSTRUCTION
/ AREA: 47 S.F., LENGTH 24 LF
PERMANENT STREAM IMPAC /
ROAD CONSTRUCTIO EMPORARY STREAM IMPACT\
AREA: 223 S.F., LENGTH 110 LF / CAD CONSTRUCTION /
/ ♦ AREA: 30 S.F., LENGTH 15 LF ti /
\ 24' x 17' x 2' _ STREAM "H" -A
DISSIPATER PAD ♦ \ ✓
CLASS 1 RIPRAP — ♦ \ \ `J� C�
KEYED -IN AT EX. ♦ �c3` �2� / /
STREAMBED LIMITS OF
�% • ELEVATION DISTURBANCE %\,
(TYP) TOP OF BANK' .� G
(TYP)
STREAM "F"
/ TEMPORARY STREAM IMPAC
\ \ \ ANITARY SEWER INSTALLATIO \
AREA: 109 S.F., LENGTH 30 LF
-fte
30' PUBLIC / 7
I UTILITY EASPeNT
LIMITS OF
DISTURBANCE / STREAM "F" \ \ /•
(TYP) `\ --
// / / — / I 0' HARNETT COUNTY \
RIPARIAN BUFFER (TYP)
v IMPACT 2 REVISED Scale: 1"=60'
v,N \4&CREED
1730 varsity Drive, Suite 500 & IMPACT 3 (NO CHANGE) 0 30 60
Raleigh, North Carolina 27606 Date: Nov. 2019
0:919.233.8091 F: 919 . 233.8031 Providence Creek Subdivision Revision: 6/17/21
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