HomeMy WebLinkAbout20090266 Ver 8_ePCN Application_20210803DWR
Olrlslon 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
20090266
Is a payment required for this project?*
r No payment required
r Fee received
r Fee needed - send electronic notification
Reviewing Office*
Washington Regional Office - (252) 946-6481
Information for Initial Review
la. Name of project:
GUC Raw water intake maintenance dredging 2021
la. Who is the Primary Contact?*
Julius Patrick
1b. Primary Contact Email:*
patricje@guc.com
Date Submitted
8/3/2021
Nearest Body of Water
Tar
Basin
Tar -Pamlico
Water Classification
Class WS IV NSW
Site Coordinates
Latitude: Longitude:
36.635894-77.401244
A. Processing Information
County (or Counties) where the project is located:
Pitt
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#*
8
What amout is owed?*
IT $240.00
r^ $570.00
Select Project Reviewer*
Robert Tankard:eads\rbtankard
1c. Primary Contact Phone:*
(252)551-1561
Is this a courtesy copy notification?*
r Yes r No
ID#
2009-0266
Pre -fling Meeting or Request Date
7/2/2021
Attach documentation of Pre -Filing Meeting Request here:
nick the upload button or drag and drop files here to attach document
DWR Pre -Filing Meeting Request Form (002).pdf
File type mast be FCF
1a. Type(s) of approval sought from the Corps:
• Section 404 Permit (wetlands, streams and waters, Clean Water Act)
• Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
Has this PCN previously been submitted?*
r Yes
r No
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: 03 - Maintenance
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
r Individual 401 Water Quality Certification
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:
Version
7
53.99KB
V 401 Water Quality Certification - E>q)ress
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 r 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 r 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?
W Owner r 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:
Greenville Utilities Commission (GUC)
2b. Deed book and page no.:
Deed Book J43 Page 229
2c.Contact Person:
r Yes r No
r Yes r No
2d.Address
Street Address
3355 NC Hwy 43
Address Dne 2
(Sty
Slate / F rovince / Fbgion
Greenville
NC
Fbstal / Zip Code
Country
27834
US
2e. Telephone Number: 2f. Fax Number:
(252)551-1561
2g. Email Address:*
patricje@guc.com
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(ff appropriate)
1c. Nearest municipality/ town:
Greenville
2. Project Identification
2a. Property Identification Number:
3 parcels 4679512348; 4679518588; 2b. Property size:
4675417259 45.48
2c. Project Address
Street Address
1721 Waterway Road
Address Line 2
City
Greenville
Fbstal / Zip Cede
27835
3. Surface Waters
3a. Name of the nearest body of water to proposed project:*
Tar
3b. Water Resources Classification of nearest receiving water:*
Class WS IV NSW
3c. What river basin(s) is your project located in?*
Tar -Pamlico
3d. Please provide the 12-digit HUC in which the project is located.
030201030404
4. Project Description and History
State / Rovince / Region
NC
Country
US
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:*
The wasting site is a 22.5 Million Gallons a Day Water Treatment Plant. Surrounding areas are forested riparian buffer, forested cypress wetland and previously disturbed wetland.
Greenville Utilities has 8 screened intakes located in the Tar River. The raw intake facility is located on the bank of the Tar River.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?*
R Yes r No f Unknown
If yes, please give the DWR Certification number or the Corps Action ID (exp. SAW-0000-00000).
SAW 2018-01462
DWR 2009-0266 v7
4f. List the total estimated acreage of all existing wetlands on the property:
1.86
4g. List the total estimated linear feet of all existing streams on the property:
1900
4h. Explain the purpose of the proposed project:*
The propose project will remove accumulated sediment to restore full operational capacity of GUC upstream intakes to ensure Greenville Utilities has the ability to deliver adequate
supply of safe drinking water to customers for consumption and fire flow protection. An inspection in June 2021 revealed that a portion of the upstream intakes were covered. Project
was approved in 2020 by Army Corp and NC Division of Water Resources but due to high river conditions and Covid project was delayed until this year. This project will restore the
needed capacity.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:*
The proposed method for removing sediment around intakes is by mechanical dredge. The sediment will be excavated by an excavator on a barge. Material be loaded onto an off road
dump truck and transported to the spoils area. This method will not impact the Tar River or surrounding wetlands. Dredge area will be 100'X30' area parallel to intakes and 30X30 area
ahead of intakes.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
r Yes r No r Unknown
Comments:
Surrounding wetlands will not be impacted by this project.
5b. If the Corps made a jurisdictional determination, what type of determination was made?*
r Preliminary r Approved r Not Verified r Unknown r N/A
Corps AID Number:
SAW-2009-00541
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Abby Rokosch
Agency/Consultant Company: Brown and Caldwell
Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
Documentation sent to Josh Pelletier November 2008 and included in the attachment.
6. Future Project Plans
6a. Is this a phased project?*
r Yes r No
Are any other 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?
D. Proposed Impacts Inventory
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
F Wetlands W Streams -tributaries F Buffers
F Open Waters F Pond Construction
3. Stream Impacts
F 3a. Reason for impact (?) 3b.lmpact type * 3c. Type of impact* �3�name* 3e. Stream Type * 3f. Type of 3g. S. width * 3h. Impact
(?) Jurisdiction* length*
S1
Maintenance dredge river
9
Permanent
Excavation
Tar River
Perennial
Corps
P
30
Average (feet)
100
(linearfeet)
S2
Maintenance dredge river
9
Permanent
Excavation
Tar River
Perennial
Corps
P
30
Average (feet)
30
(linearfcet)
31. Total jurisdictional ditch impact in square feet:
0
31. Total permanent stream impacts: 3i. Total temporary stream impacts:
130 0
3i. Total stream and ditch impacts:
130
3j. Comments:
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:
Iowa vanes were installed in 2010, while not totally successful in keeping screens free of sediment, the frequency of dredging has been reduced over
the last decade.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Contract divers perform annual inspections of screens. Hand vacuuming around screens and annual monitoring to minimize impacts.
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:
Excavated materials will be moved to the spoils area. No wetland will be impacted.
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
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
What type of SCM are you providing?
r Level Spreader
r Vegetated Conveyance (lower SHWT)
r Wetland Swale (higher SMNT)
r Other SCM that removes minimum 30 % nitrogen
r Proposed project will not create concentrated stormwater flow through the buffer
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
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 r No
2. Violations (DWR Requirement)
2a. lathe site in violation of DWR Water Quality Certification Rules (15A NCAC 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.
This project is for maintenance dredging only to restore full capacity of intakes.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
r Yes r Nor NIA
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
5c. If yes, indicate the USFWS Field Office you have contacted.
Raleigh
5d. Is another Federal agency involved?*
r Yes r No
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
f Unknown
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?
NC Natural Heritage Program and the NC USFWS web services
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
Are there submerged aquatic vegetation (SAV) around the project vicinity?*
r Yes r No r Unknown
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?*
NC Natural Heritage Program and the NC USFWS web services
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 f• No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?*
NC State Historic Preservation Office
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?*
r Yes r No
8b. If yes, explain how project meets FEMA requirements:
This project will not create any new structures in the floodplain.
8c. What source(s) did you use to make the floodplain determination?*
NC floodplain information system.
Miscellaneous
U
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.
Click the upload button a drag and drop files here to attach docunent
2021 GUC River Dredge documents.pdf 4.62MB
File rust be P0F or I M
Comments
Signature
*
W 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:
Julius Patrick
Signature
Date
8/3/2021
Exhibit A
r _
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RECORD C!h ff 7.TETjj ND AND
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IN15EPENDENTLYFlF
UPDATE THE DRAWING ----- --.--� — 0 -
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CERTIFIED DOCUMENTAS TO _ QQwj =w Bu �L T f "��� — _
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DOCUMENT ORIGINALLY ISSUED AND SEALED BY ROBERT A. 41
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9, DATED JUNE 2, 2009 - • Bi0$ION AW'SEDIMEMTATION_
CONTROLPLAN
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Ca f IfW&Y THE CONTRACTOR WHO IS RESPONSIBLE FOR
13
Attachment 8
Previous Permits
UjcP- C� 9
G"esw liG May 11, 2012
udifts
Ms. Emily Jernigan
US Army Corps of Engineers
Washington Regulatory Field Office
2407 West Fifth Street
Washington, NC 27889
Re: Greenville Utilities Commission
RWPS - 404 Permit Certification Form
Dear Ms. Jernigan:
Please find enclosed a signed copy of the information you requested.
If you have any questions or need additional information, please contact
me at (252) 551-1501.
Sincerely,
1-4 4""
Ricky G. Langley, Superintendent
Water Treatment Plant
RGLIIh
Enclosures
cc: Mr. Randall D. Emory,-P.E., Director of Water Resources
Mr. D. Anthony Whitehead, Water Quality Manager
Mr. David W. Springer, P.E., Water Resources Plants Engineer
Mr. Ryan Sprawl, P.E., Brown 8 Caldwell
Mr. Roberto Schaller, NCDENR
All hhlmkvd Fw.
Grwnrilie, NC.
ZiNii•1tWi
Vrw LamaP
Ad.nnuW
Action ID Number: —2§QEMI Copy: pw
Permutes: Ekwal/Gx t I1Rliltira Ca Yt s a
Dace Vcrifieadon In << : May A 2W9
Prof ect Mwaxg n Vk-:,h Pelletier
Upon completion of the activity aathorkeed by this permit ar, d any mIllption required by the punk
dgn this cmWAcadoa and return it to the fo>iowing address:
US ARMY CORPS OF ENGDVEERS
WILMINGTON DISTRICT
WAMWGTON REGULATORY FIELD t3FFICE
POST OFFICE BOX 1000
WASMNGTON, NORTH CAROLINA 278V
Please cote that your permitted activity is tabled to a compliance inspection by a U. S. Army Corps of
Englaeers riepresentatim If you fail to comply with this permityou are subject to permit mspendon,
modillcadon, or rwocadon.
I hereby certify that the worm autborfred by the :bore referenced permit has been completed in
accordance with the terms and condition of the sah9 permit, and required mitigation was completed in
accordance with the permit conditions.
1-41
s, —S
S ?� of P atteeI Date(
r
W RL�LY REFERTO
DEPARTMENT OF THE ARMY
%lLMINGTON DISTRICT, CORPS OF ENGINEERS
Washington Regulatory Field office
Port office Box IWO
washk4tw, North CKaUm 27U9-1000
November 29, 2011
Regulatory Division
Action ID SAW-2009-00541
Mr. Randall D. Emory
Director of Water Resources
Greenville Utilities Commission
Post Office Box 1847
Greenville, North Carolina 27835-1847
Dear hft. Emory:
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Please reference the Department of the'Army (DA) permit issued to Greenville Utilities on
May.28,.2009; for the installation of raw water intake structures within the Tar River, located at
the Greenville Utilities Water Treatment Plant, off -old River Road, in Greenville, Pitt County,
North Carolina. This correspondence also confirms our receipt of the request submitted on your
behalf by Mr. Fred Royal of Brown and Caldwell to modify the subject DA permit to allow for
an additional 0.06 acres of impacts to navigable waters of the United States via the placement of
open -cell, articulated matting and the placement of "Iowa" training veins within the Tar River
designed to stabilize the riverbank within the subject permit project area.
The permit is hereby modified to include the work as described above including the following
special conditions:
a. All work authorized by this modification, in addition to all applicable Federal, State
and local conditions, must be performed in strict compliance with the attached plans, which are
now part of the original DA permit.
b. The stabilization zone and associated articulated matting shall not exceed 170 linear
feet in length (0.05 acres) along the banks of the Tar River, and shall be placed, and must remain
within, the originally permitted project area.
C. in -water work will include the placement of an additional 35 linear feet of training
veins, and their associated sediment accumulation zone totaling 0.01 acres.
d. No work may be undertaken associated with this permit modification during the period
of February 15 through September 30 of any year relating to the North Carolina Wildlife
Resource Commission's Inland Nursery Area moratorium.
e. Immediately after completion of this project modification, the Perntittee shall contact
the Ms. Emily Jernigan of the Washington Regulatory Field Office, telephone (910) 2514567, to
schedule a compliance inspection.
Due to the fact that the original DA permit would expire prior to the end of the subject Inland
Nursery Area Moratorium, this correspondence also serves to extend the permit expiration date
to December 31, 2012.
It is understood that all conditions of the original permit remain applicable and in full force.
If the permitted work is not completed on or before the date herein specified, the authorization, if
not previously revoked or specifically further extended, will cease and become null and void.
Thank you for your time and cooperation. The Wilmington District is committed to providing
time highest level of support to the public. To help as ensure we continue to do so, please
complete the Customer Satisfaction Survey located at our website at
hrtr:/Ire _ulato- >.usacesurvL .com/. If you have any questions, please contact Ms. Jernigan of my
Washington Regulatory Field Office staff, telephone (9I0) 2514567.
Enclosures
Sincerely,
David M. L,ekson, P. W.S.
Chief, Washington Regulatory Field Office
2
Copies Furnished:
Mr. Fred Royal
Brown and Caldwell
5410 Trinity Road
Palisades 11, Suite 320
Raleigh, North Carolina 27607
Mr. Kenneth Bruce
Brown and Caldwell
5410 Trinity Road
Palisades II, Suite 320
Raleigh, North Carolina 27607
Mrs. Maria T. Dunn
North Carolina Wildlife Resource Commission
943 Washington Square Mall
Washington, North Carolina 27889
Mr. Roberto Scheller
Division of Water Quality
North Carolina Department of Environment
and Natural Resources
943 Washington Square Mall
Washington, North Carolina 27899
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Division of Water Quality
Beverly Eaves,Perdue Coleen H. Sullins
Governor Director
November 22, 2011
Greenville Utilities Commission (GUC)
I4r. Randall D. Emory, P.E.
Post Office Box 1947
Greenvale, NC 27835
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Natural Resources
Dee Freeman
Secretary
DWQ Project # 09-0266 Ver. 4
Pitt County
Subject Property., GUC Raw Water Intake
Tar River, Ter Pamlico Basi>Ei, 030305, 28-(91.5), NSW, WS-IV, CA
Permit JK01VX4 i'on to 401 Water Quality CeMeation and Authorization Certificate per the
Tar -Pamlico River Buffer Protection Rules (15A NCAC 2B .0259) with Additional Conditions
Dear W& Emory -
You have our approval, in accordance with the attached conditions and those listed below, to
place fill within or otherwise impact 170 linear feet (67,000 fls of articulated matting of which
22,000 fV below 0.0 elevation) of stream by placement of articulated matting for bank
stabilization, install 22 Iowa Vanes, and install 170 linear feat of 24" A -Jacks at too of matting as
described in your permit modification request. As per your modification request dated
November7, 2011 and received in this Office on November 16, 2011, the previously requested
riprep has been replaced with articulated matting. Please note that there is an in -stream work
moratorium for this project that states "No in water work shall occur from February 15 -
September 30 of any year".
This permit modification supersedes all other certifications issued for this project, Impacts for
this project are covered by General Water Quality Certification Numbers) 3319 (GC3819). The
Certifieetion(s) allows you to use Nationwide Permit(s)12 when issued by the US Army Corps of
Engmcers (USACE). This letter shall also act as your apprbved Authorization Certificate for
impacts to the protected riparian buffers per 15A NCAC 28.0259. In addition, you should obtain
or otherwise comply with any other required federal, state or local permits before you go ahead
with your project including (but not limited to) Erosion and Sediment Control, and Nowdischarge
regulations. Also, this approval to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your appiieation shall expire upon expiration of the 404 or
CAMA Permit.
North Carolina Mvium *Maw QuW4 In
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Page 2 of 4
This approval is for the purpose and design that you described in your application. Ifyou chew
Your Project, you roust notify us and you may be required to send us a new application. If do
property is sold; the new owner must be given a copy of this C r ificaiion and approval left slid
is thereby responsible for complying with all conditions. If total fills for this project (now or in
the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may
be required as desm ibed in I5A NCAC 2H .0506 (h). This approval requires you to follow the
conditions listed in the attached certification and any additional conditions listed below.
The Additional Conditions of the Certification are,
I. impacts Approved
The following impacts are hereby approved as long as all of the other specific and generst
conditions of this Certification (or isolated Wetland Permit) are met No other impacts are
approved including incidental impacts:
Ameunt x : vM � nft8- Plan Location oar Reference
Strain (feet] �
1 4041CAM_ A Wetlands acres _j`�
1. Waters 0_50 (acres Pm'ect!134891
Buffers
2. Erosion & Sediment Control Practices
Erosion and sediment control practices must be in fall compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
ManagenOut Practices in order to protect sudace waters standards:
a. The erosion and sediment control measures fur the project must be designed,
installed, operated, and maintained in accordance with the most recent version of the
North Carolma &du win and Erosion Control Plcammg and Design Mansmd.
b. The design, installation, operation, and maintenance of the sediment and erosion
control meastites must be such that they equal, or exceed, the requirements specified
in die most recrat version of the North QIr010 a Sed trr:eni and Erosion Control
Manual. The devices shall be maintained on all construction sites, borrow sites, and
waste pile (spoil) projects, including contractor -owned or leased borrow pits
associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be designed,
installed, operated, and maintained in accordance with the most recent version ofthe
Noah Carolina Surface hftzng Manual.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
3. No Waste, Spoil, Solids, or Rill of Any Kind
li ti or fill of any land shall occur in wetlands, waters, or riparian areas
d e _ if the impacts depicted in the Pre -Construction Notification. All
t _ - cs9iffsi h-! �ry t s, including the design, installation, operation, and maintenance of
$ IGUP, Pa,nw l
Page 3 of 4
sediment and erosion control Best Management Praeticos, shall be performed so that no
violations of state water quality standards, statrrtea, or miles occur.
4. No Sediment & Erosion Control Measures w/n Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters to the
maximum extent practicable. If placement of sediment and erosion control devices in
wetlands and waters is unavoidable, they shall be removed and the natural grade restored
within six months of tho date that the Division of Land Resources has released the project.
5. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or
applicable Buffer Rules, and any subsegneait modifications, the applicant is required to return
the attached certificate of completion to the 401 OversightTxpress Review Permitting Urrit,
North Carolina Division of Water Quality,1650 Mail Service Center, Raleigh, NC, 27699-
1650.
6. Monitoring
The area of vane placement shall to monitored once per year for the period of 3 years.
Monitoring shall consist of two (2) cross section profiles of the Tar River, frm bank to bank,
within the area of the scour and proposed vanes. iron pins shall be set on the banks to mark
the locations of cross motions. A site map of cross section locations and cross section profile
of existing condition is r,egirired to be sent to DWQ in the Washington Regional Office for
approval before monitoring begins. In the event that vanes destabilize or over scour the river
bed the permittee shall meet with DWQ staff to discuss removal or modification of vanes.
7. All mechanized equipment operated hear surface waters must be regularly inspected and
maintained to prevent contamination of waters from fuels, lubricants, hydraulic fluids, or other
toxic materials.
8. The permitfee mill need to adhere to all appropriate in -wager work moratoriums (including the
use of pile driving or vibration techniques) prescribed by the NC Wildlife Resources
Commission, the US Fish and Wildlife Service, and National Marine Fisheries Service.
9. All constructed stonnwater conveyance outlets shall be directed and maintained as diffuse
flow at non -erosive 'velocities through the protected stream buffers such that it will not re -
concentrate before discharging into, a stream as identified within 15A NCAC 2B .0233 (5). If
this is not possible, it may be necessary to provide stormwater facilities that are considered to
remove nitrogen (and phosphorus if in the Tar -Pamlico River Basin). This may require
additional approval from this Office.
Violations of any condition berein set forth may result in revocation of this Certification and may
result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts
or to conduct impacts to waters as depicted in your application and as authorized by this
Certification shall expire upon expiration of the 404 or CAMA Permit.
If you do not accept any oftho conditions of this Certification (associated with the approved
wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60
Page 4 of 4
days of the date that you receive this letter. To ask for a heming, send a written petition, which '
conforms to Chapter 150B of the North Carolina General SWUtes to the Office of AdmiaWrative
Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its
conditions are final and binding unless you ask for a hearing.
Any disputes over determinations regarding this Authorization Certificate (associated with the
approved buffer impacts) shall be referred in writing to the Director for a decision. The
Director's decision is subject to review as provided in Articles 3 and 4 of G.S. 150B.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean
Water Act and the Tar -Pamlico riparian buffer protection rule as described Within 15A NCAC 2B
.0259. If you have any questions, please telephone Roberto Scheller of the Washiooigton Regional
Office at 252-948-3940 or Ian McMillan of the 401 OvmzighVExpress Unit at 919-715- 4631.
Siaceret3'�
�0�rColeen I . Su uts
Enclosures: Certificate of Completion
GC 3819
cc: Corps of Engineers Washington Field Office
DWQ 401 OversighMpress Unit
WRC, WARD
DLIi, WaRO
Pile copy
Kenneth Bnrce, Brown and Caldwell
5410 Trinity Road., Suite 302, Raleigh, NC 27607
Pile: 09-M Ver.4
ip
4
M
North Carolina Department of Environment and Natural Resources
DMMM of Water OMIRY
Beverly Eaves Perdue Coteau H. satire
Goverrror Direcbr
DWQ Project No.: — County:
Applicatrt: _ . —
Project Name:
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
401/Wettands Unit, North Carolina Division of Water Quality, 1650 Marl Service Center, Raleigh, NC,
27699-1650. This form may be returned to DWQ 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. Date:
Agent's Cerfiricadon
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 fhls project was designed by a CertMed I'rofiessional
Is_ _, as a duly registered Professional
Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized
to observe (periodically, weekly, fall time) the construction of the project, for the Pezmitee 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
Dee Freeman
secretary
MA 17w*hMxgesa RVAUW P9r MkV Hide One
MOM Sar t Center. Re4h, North Comft 27M1650 N IRKarolina
Lq ftr 2321 Crabber 61vd., Rye N North Qm tB18 V604
ftre. 919-733-1766 { FAX: 919.733-M atmi y
Inlarnat htVJb2wnrA e.r iWnmNdandsr
Water Quality Certification No. 3819
GENERAL
FOR U.E. ARM
AREA
Water Quality Certification Number 3819 Is issued In conformity with the requirements of Section
401, Public Laws 92-WO and 95-217 of the United Sues and subject to the North Carolina
Division of WaterQuallty (DM) Regulations in i5A NCAC 2H, Section .0500 and 15A4ICAC 28
.0200 for the discharge of fill material to waters and wetland areas as described In 33 CFR 330
Appendbc A (8)-(12) and Nationwide Parmti No. 47 of the Corps of Engineers regulations
including any fill activity for utility Are badcfill and bedding, and for the Riparian Area Protection
Rules (Buffer Rules) In 15A NCAC 2B .0200.
The State of North Carolina certifies that the specified category of activity will not violate
applicable portions of Sections 301, 302, 303, $08 and 307 of the Public Laws 92-5W and 95-217
If conducted In accordance with the conditions hereinafter set forth.
Permanent Impacts to any wetlands and/or waters, Including streams, under this General
Certification requires application to, and approval from, the Division of Water Quality (the
"Division"�. �
Temporary impacts covered by this General Certification do not require written approval from the
DhilOm as long as they DIY with the Conditions listed below. Wrftfan approval is required
ff the Ma/ntwience corridor Is greater than 15 feet wide. Gas pipelines may have a
rrra/rdenance, corridor wider than flReen feet ifmhi900r; is provided for these additional
wadand fills.
If any of these Conditions cannot be me% or if the activities are associated with, or in
response to a Notice of Violation or an enforcement action Initiated by the Division of
Water Quality or the Division of Land Resources, then written approval from the Dlvislon Is
required to use this Certlftcatfon. Activities thatare located within river basins with
Riparian Area Protection Rules (Buffer Rules) require written approval unless listed In the
Table of Uses as "EXEMPT".
In accordance with North Carolina General Statute Section f43-215.31)(e), any requirement for
written approval for a 401 Water Quality Certification must Include lire appropriate fee, If a
project also requires a CAMA Pernik then one payment to both agendes shall be submitted and
will be the higher of the two fees.
Conditions of Certification:
1, No Impacts Beyond Thresholds that C.11 m ty for this Certification
No waste, spoil, solids, or Of of any kind shall occur In wetlands, waters, or riparian areas
beyond the thresholds established for use of this Cerliftcatlon, including Incidental Impacts.
All construction activities, Including the design, Installation, operation, and maintenance of
sediment and erosion control Best Management Practices, shall be performed so that no
Violations of state water quality standards, statutes, or rules occur.
2. Standard'Erosion and Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices:
Wrter Quafity Unification No. 3819 1
Water Quality Certification No. 3819
a. Design, installation, operation, and maintenance of the sediment and eraslon control
measures must be such that they equal, or exceed, the requirements specified In the
most recent version of the North Carolina Sediment and Erosion Contra! Manual. The
devices shall be maintained on all construction altos, borrow sites, and waste pile (spofl)
projects, including contractor -owned or leased borrow pits associated with the project.
b. For borrow pit sites, the erosion and sediment control measures must be designed,
Installed,.operated, and maintained In accordance with the most recent version of the
North Carolina Suifece Mining M&wal.
o Reclamation measures and implementation must comply with the reclamation In
accordance with the requirements of the Sedimentation Pollution Control Act and the
Mining Act of 1971.
d. Sufficlent materials required for stabilization and/or repair of erosion control measures
and stomwwater routing and treatment shall be on alto at all times.
e, N the project occurs In waters or watersheds classified as Primary Nursery Areas
(PNA's), Trout (Tr), SA, WS-I, WS-tl, High Quality (HOW), or Outstanding Resource
(ORW) waters, then the sediment and erosion control requirements contained within
DeSlgn Standards in Sensitive Watersheds (15A NCAC 04B .0124) supercede all other
sediment and erosion control requirements.
3. No Sedknent and Erosion Control Measures In Wetlands or wafers
f
Sediment and erosion control measures should not be placed in wetlands or waters without
approval by the Division.. if placement of sediment and erosion control devices in wetlands
and water; is unavoidable, design and placement of temporary erosion control measures
shall riot be conducted in a manner that may resuif In dis-equllibrium of wetlands or stream
beds or banks, adjacent to or upstream and down stream of the above structu eg. AA
sediment and erosion control devices shall be removed and the natural grede restored within
two (2) months of the date that the Division of Land Resouroes or kmally delegated program
has released the. project.
4, Consbudon Stonnwater Permit NCG010000
Upon the approval of an Erosion and Sedimentation Control Plan Issued by the Division of
Land Resources PLR) or a DL R delegated but erosion and sedimentation control program,
an NPDES General stormwater permit (NCG010000) administered by the Division Is
automatically Issued to the project, This General Permit allows stwmwater to be dtsrharged
during land disturbing construction activities -as stipulated by conditions In the permit. If your
project is covered by this permit [applicable to canstnaction projects that disturb one (1) or
more acres], fiiii compliance with pemtiit conditions Including the sedimentation control plan,
self -monitoring, record keeping and reporting requirements are required. A copy of this
permit and monitoring report forms may be found at
LaQ.Hh2o.enrstafe.nc.usrau/Forms Documents.htm.
5, Construction Moratoriums and Coordination
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) to protect trout, anadromous fish,
Jarval/post-larval fishes and crustaceans, or other aquatic species of concem shall be
implemented.
Work within the twenty-five (25) designated trout counties or identified state or federal
endangered or threatened species habitat shall be coordinated with the appropriate 1NRC,
USFWS, NMFS, and/or DMF personnel.
@Voter Quality Certification No. 3819
'Water Quality Certification No. 3819
6. Wbrk to the Dry
All work in or adjacent to stream waters shall be conducted in a dry work area. Approved
best management practices from the most current version of the W Sediment and Erosion
Cortrol Manual, or the NC DDT Construction and Maintenance Activities Manual, such as
sandbags, rock berms, cofferdams, and other diversion structures shall be used to minimize
excavation In flowing water.
7. Riparian Area Prutectlan (Buffer) Rule
Aces located In the protected 50-foot wide riparian areas (whether jurisdictional wetlands
or not), within the Nause, Tar -Pamlico, Catawba, Randleman, and Jordan (or any other basin
with buffer rules), shell be lknited to `uses" •ldentlfled within and constructed in accordance
with 15A NCAC 2B .0233, .0259, .0250, .0243, and .0267, and shall be located, designed,
constructed, and maintained to have minimal disturbance to protect water qualtty to the
maximum extent practicable through the use of best management practices. All buffer rule
requirements, including diffuse flow requirements, must be met.
6. Water Supply Watershed Suffers
i The 30-footwide vegetative buffer (tow density development) or Ilia 100-foot wide (Ngh-
density development) must be maintained adjacent to all perennial waters except for
allowances as provided in the Water Supply Watershed protection Rules (i5A NCAC 28
.02.12 through .0215).
9. Any rip rap required for normal pipe burial and stabillzation shag be buried such that the
orkjinal stream elevation Is restored and maintained.
10. Compensatory Mitigation
In accordance with I SA NCAC 2H .0506 (h), compensatory mitigation may be required for
losses of 150 linear feet or more of streams and/or one (1) acre or more of wetlands. For
linear, public transportatlon projects, Impacts equal to or exceeding 150 linear fait per stream
shall require mitigation.
Compensatory stream mitigation shall be required at a 1;1 ratio for all perennial and
Intermittent stream impacts. .
Buffer mitigation may be required for any project with Buffer Rules in effect at the time of
application for buffer impacts resulting from activities classified as "Allowable with Mitigation"
within the "Table of Uses" section•of the Buffer Rules or require a valance under the Buffer
Rules.
A determination of buffer, wetland and stream mitigation requirements shaft be made by the
Division for any application for this Certification. Design and monitoring protocols shall follow
the US Army Corps of Engineers Wilmington District Sbeam Mitigation Sukletines (April
2003), or its subsequent updates. Compensatory mitigation plans shall be submitted for
written Division approval as required in those protocols. Alternatively, the Division will accept
payment into an in -lieu fee program or credit purchase from a mitigation bank.
Finally, the mitigation plan must be implemented and/or constructed before any permanent
building or shrcturie on site is occupied, In the case of public road projects, the mitigation
plan nxist be implemented before the road is opened to the public. Proof of payment to an
In -lieu fee program or mitigation bank must be provided to the Division to setlsfy this
requirement.
Waft Quality Certification No. 3919
Water Quality Cettification'No. 3819
11, For all activities requiring re -alignment of streams, a stream relocation plan must be
Included for written Division approval. Relocated stream designs should include the same
dimensions, patterns and profiles as the existing channel (or a stable reference reach if
the existing channel Is unstable), to the maximum extent practical. The new channel
should be oorrsb=ted in the dry and water shall not be turned into the new channel until
the banks are stablfrzed. Vegetation used far bank stabilization shall be limited to native
woody spades, and should Include establishment of a 30-foot wide wooded and an
adjacent 20-1oot wide vegetated baffer on both sides of the relocated channel to the
maximum extent practical. A transitional phase Incorporating cofr fiber and seeding
establishment is allowable. Rip -rap, A -Jacks, concrete, gablons or other hard structures
may be allowed if it is necessary to maintain the physical integrity of the stream, but the
applicant must provide written justification and any calculations used to determhe the
Went of rip -rap coverage. Please note that If the stream relocation is conducted as a
stream restoration as defined in the US Army Corps of Engineers Wirnington District,
April 2003 Strasm Mitigation GuAdeffnes (or Its subsequent updates), the restored length
can be used as compensatory mitigation for the impacts resulting from ;the relocation.
12. For seer lines, the edge of the construction corridor shall not be installed parWW to and
closer than 10 feet from top of bank to a stream except for the following classifications: 50
feet to waters classified as WS (except VV84V or VVS-V), 8, SA, QRW, HQW, or SB from
normal high water (or tide elevation) and wetlands; or 100 feet to private: or public water
supply sources or waters classified as WS-I waters or Class I or Class If impounded
reservoirs used as a source of drinking water in accordance with 15A NCAC 02T .0305(f).
Utility Ines shah not cross a stream channel at other than a near -perpendicular direction
(I.e„ stream channel crossings shall not be at an angle of less than 75 degrees or more
than 105 degrees to the stream bank),
13. Any wastewater line that crosses any stream shown on the most recent version of the
1:24,000 USGS topographic map or NRCS (SCS) County Sal Survey as permanent or
intermittent shall be insWied elther a) with no joints connected within the R*Wnt of a
stream channel or within two (2) feet of the stream banks in the case of plastic or PVC
pipes or b) with properly bedded and supported ductile Iron. Otherwise, written approval
from DVVV is required.
14. If concrete Is used during the construction, than a dry work area should be maintained to
prevent direct contact prevent direct contact between curing concrete and stream water.
Water that inadvertently contacts uncured concrete should not be discharged to surface
waters due to the potential for elevated pH and possible aquatic ilfelfieh kilts.
15. Herbicides can be applied In wetlands or other waters only when applied by a certified
applicator, and in strict accordance with product labeling.
16. Placement of rip -rep shall be restricted to the stream bottom and banks directly impacted
by the piaoement of the utiCty Ine. Rip -rap shall only be used below the normal high
water level. The stream berm must be restored to the original contour after construction.
Placement of rip -rap or other materials shall not result In de -stabilization of the stream bed
or banks upstream or downstream of the crossing.
17, Annual native species suitable for wet locations shall be planted and established within
jurisdictional wetlands for soil and erosion control. Nan -native perennials such as fescue
are prohibited.
1 S. A one-time application of fertilizer to re-establish vegetation Is allowed, but is restricted to
no closer than 10 feet (3 meters) from top of bank of streams. Any fertilizer application
must comply withal other Federal, State and local regulations.,
water Quality Certiticadon M. 3819
Water Quality Certification No. 3819
19. The constriction corridor {Including access roads and stockpiling of materials) is limited to
40 feet (12.2 meters) In width -in wetlands and across stream channels and must be
minimized to the maximum extent pradtcable.
20. Permanent, maintalned access corridors shot be restricted to the minimum width.
practicable and shall not exceed 15 feet In width except at manhole locations, A 154bot
by 15-foot perpendicular vehicle turnaround must be spaced at least 500 feet (152A
meters) apart.
21. An anti -seep collar shall be placed at the downstream (utility line gradient) wetland
boundary and every 150 feet (45.7 meters) up the gradient until the utility exits the wetland
for buried utility Ines. Arr&seep sonars may be constructed with dass B concrete,
compacted day, PVC pipe, or metal collars. Weiland crossings that are-ftcdionally
drilled, and perpendicular wetland crossings that are open cot and less than 150 feet (45.7
meters) long do not require anti -seep collars. The compacted day shall have a specific
Infiltration of 1 X 10- 5 cWsec or lea. A section and plan view diagram Is attached for the
entl-seep collars.
The Iblovring spedficatfons shaft apply to class B concrete:
a) Minimum cement content,, sacks per cubic yard with rounded course aggregate 5.0
b) Mlnimurn cement content, sacks per cubic yard with angular course aggregate 5.5
c) Maximum wester -cement ratio gallons persack 8.8
d) Slump range 2" to 4"
e) Minimum strength - 28 day psi 2,500
22. The applicant shall have a spedfic plan for restoring wetland contour;. Any excess
material will be removed to a high ground disposal area.
23. If an environmental document Is required under NEPA or SEPA, then this General
Certification Wriot valld until a Finding of No Slgnificant Impact (FONSI) or Record of
Decision (ROD) Is Issued by the State Clearinghouse.
24. In the twenty (20) coastal counties, the appropriate DW4 Regional Ofhce must be
contacted to determine if Coastal Stormwater Regulations will be required. .
25. This General Certification does not relieve the applicant of the responsibility to obtain all
other required Federal, State or local approvals.
26. When written authorization is required for use of this oertific ation, upon completion of an
permitted impacts included within the approval and any subsequent modlncations, the
applicant shall be required to return the certificate of completion attached to the approval.
One copy of the certificate shall be sent to the DW4 Central Office In Raleigh at 1650 Mall
Service Center, Raleigh, NC, 27699.1650,
27. This General Certification shall expire three (3) years from the date of issuance of the
written approval letter or on the same day as the expiration date of the corresponding
Nationwide Pamdt 12 or Nationwide Permit 47, the conditions in effect on the date of
Issuance of Certification for a specific project shell remain In et%ct for the Itie of the
project, regardless of the expiration date of this Certification. if the construction process
for approved activities W l overlap the expiration and renewal date of the corresponding
404 Permit and the Corps allows for continual use of the 404 Permit, then the General
Certificatlon shall also remain In effect without requiring re -application and re- approval to
use this Certification for the speclfio Impacts already approved.
Water Quality Cerdficadon No. 3819
Water Quality Certification No. 3819
28. The appiicantrpermittee and their authorized agan{s shall conduct e8 activities in a manner
consistent with State water quality standards Cncludfng any requirements resulting from
compliance with §303(d) of the Clean Water Act), and any other appropriate requirements
of State and Federal Law. If the Division 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 fa being violated, or that further conditions are necessary to assure
compliance, then the Division may reevaluate and modify this General Water Quality
Certification.
Non-compliance with or viofation of the conditions herein set forth by a specfc fill project may
result in revocation of this General Certification for the project and may also result in criminal
and/or civil penalties.
The Director of the North Carolina Division of Water Quality may require submission of a formal
apptfratfon for individual certification for any project In this category of activity, If it Is 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 wefiW or downstream waters are precluded.
Public hearings may be held for specific applications or group of appllc� prior to a
certification decision If deemed In the public's best interest by the Director of the North Carolina
Divicfon of Water Quality.
Effective date: March 19, 2010
DIVISION OF WATER QUALITY
By
Coleen H. Sullins
Director
History Note. We ter QuaRy General Certhkatlon MQC) Number 3519 issued on March 19,
2010 replaces KVC Number3699 Issued on November 1, 2007, WQC Number3625 issued on
March 19, 2007, WQC Number 3374 issued on March f 8, 2002, W X Number 3288 Issued on
June 1, 200Q KAQC Number 3101 Issued on Februwy f 1, 1997, KW Number3022 issued on
September 6, 1995 and V4C Number 2664Issued on January 21, 1992. This General
Ceiti%atlon is rescinded when the Corps of Engineers reeuttJorizes Nationwide 12 or when
deemed appropriate by the Director of the Division of Water Qualm.
Water Quality Certification No. 3819
U.S. ARMY CORPS OF ENGINEM
TGMN DISTRICT
� . I• �1:� �c�. �. � 1 . ••t • t �:rill,- �L.
GZNZRAI. MOW UtEGIONAL AND NATIONWIDE.) VRRMATION
PrapM*0wW/AU*w4wdAgeftt: P ��r r.Gtii.faliRiaatlHsiet mllmr�
Addttua: Cs. ^n' U NtT6} L.r 2: r
Talephato Na: t2S11 =
sne and sac Ww ofpra wq (,rater body, rwd tonw/aunlber, W^ M X -PmW
pr _ affi►f+ Lis, XEII'orr
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g, a gt tfi81� r..isi .�..31�a.+el�ui �tiNr. 'i ii3 t=onItu l2Nnbktyrdl cad aNt+rialIrisI
Appticebd Law., ❑ Seatian 404 (Chen Wwr Ant, 33 USC I344)
® 3acdon 10 (Rlvm and Herber Act, 33 USC403)
Authorizalion: Rs3kmd Geaaal Pwmlt Nmtaber
Nsdonwide Pamir Number M&
Your waif is radwtaed by de about rtArmroed pamk provided it Is aovom~ In dda snood":.. - with die sty dmd
coodlik st ud "ur wbmitDed plans. Amy vtohttiw of tiro sttedad wndgioas or devtetioa clam yaw submWed Phan mg autr¢tst Ole
is lie to a stop work oMer, a reaoorolw ands mWor sppnv5 1 u W untco. -
Thie ved&m tea will remain valid aadl the aphtba dab ideatfled bdow uaka the mNdan%*W w todadm h modified
axpemW or ravlohed. • K pater to the coadon dam Ideatifled below. do nad nwk% permit audwinft it n(Md and!or
modUled, We won wig temaln valid WdU dte eaplcatim date WOW below. ptovidad it Ilea with all reqAvwm of
the modhW fcatimr d& pwcnit. if the mada>a W porn& taWwriatam mom or is s upended, revoiaA or is moclifled, such that the
a fty would no terl`er am* with the W= and ooadldoas ofthe na twidn pmatic, net Irs, wbkh have aoommmeed"ate
tndar ca vucd* ar are under control b commence in relleaee upon the ustionwide permit, wUt remoln atttbocized provided the
eaMW le eompleled witlrta twelve monft of the daft of the ustiearride pen Ws eogriroHM modiflcedw or reeocaloa, aalae
dhastioasty aahorifyr hes boon exercised en s eeao-by-ceae M* to modtiy, Impend or mvelm tam and eeiradon. -
' Activities si fta to Sudon 404 (as indicated abare) may abo tegmitm an tadi&md Seaton 401 W&W Quaff C'afte lem. you
� sedvkiu ooco thtS within ttl enty CDa/tal( ssulbj to tom fbe � �Am M�ansp amw Act (CAMAJ
prior oo bcgiaedn,p *laic you atmat eoalacc ttelt.C. Dtrulou cat Caaat Mtt>sgratettc .
M* Department of the Army verllkadon does not metieve the permhow of tte nV msibi * to obbin my odw roq*W FedaeaL
State or tool tlpWVddpenaits.
If there afe anq gimtiam reptding Ms verlf radon, soy of the curAMom of the Permlt, or to Cape of Engle ant regAwy
prgmm. plate cwtsat Traoty 4 WheeleraS2) 975-1616 ex 24.
Carps R%WsWry Dfffe a l.Ck O.il�,t..� 1>rtbe: 1213�015
Etcpiratton Date of Verificafion: ONISMOV
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(Rsfaneaae 33 OR Part I3
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this dete�en tlteybe relied tPoa bra patiod awt fo exceed the yp,e �+am eht dtle afthit
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rmyba:eifed upoa ibe speaiod sot m osaad tiva years $roep,tlie da4 of tole zt8am,
❑ a rniaaz.cl m Pleere mhmx
jarfrdiedood deombudm sad _ AaftM
BadeofJdeodbad Deftm&tku JU Moak
ehmoler and abm.f-V z. ep-fft
KMVEY HATS. s FS D UMCM Wei AND DtpLaaMAMN rO PROWrr/dA+ S, =, NiwBE
ATTAR TO TIM FILE COPY OF 7MS FORK IF RBQVnW OR AVAN ABLE.
Action ID NamberQ2K
FermNtaa: cth►,r, .ak
Date Permit Imed; xpN � ,E
Prefect Munvi;P
s ,,Z
UpOR sempkdoa Of the scd ty authorind by Ift permit and say mtttaatba riquk ad by tie pum%
alga this cermwan and mtnrn It to the blowing addrem: .
U8 ARMY COM OF WGBU✓ER$
WIIJMgGTONDIB=CT
WAMMWWNRZGULATORY FRLD IDMCE
Feat OEM Ban low
W=kW&a, Nord CM t x rIM
Plem Bate thatyour puma ttad P cdit k anbjeet to; ConTR see tnapation by s U. & AMW Cope of
S1n&=$ reprautsttm Uyou W to eemply wUb thb peradt you are subject to petmtt
saediticatton, or revocation.
I hereby catity ttat the work sutherked by the shm refwmced permit ban been completed to
aecordaaee with the terms and a mdfdm oithe said permI4 and rquhvd mitlp&B w.- ccIqgftdjn
accord ee with die permit a ndidoaL
8ignatnte._1�eiNmittee Dube
AMZIDXnONALCBTI ATION lhrhwdvim
t7.& AtmyCorp of Bn:htaW
DETRI(,'POFl7CBt CUAWAa-w
?Boxhtt: t LOCA7M vacs IrATHWI
sift l" CalO tw
coadbtat+t o'fatlo (4dhrdellor�igoh0 3LfiL994 •77.101.T41
Appteatfusooe da of um (psoal) nylugmelt 6al2&st Vo n&.. ma
Name ar'aaotrat eraoerrry, TQZ,b� '
Name atwra mbc& Twpwj Oo
Ceeptotods netbaP deterroioetlon Dam 12/ WAN
so viaitW _ . Fk
® Prel6nhmr m -13a w OR "a"kbOoNOR, I f A"4"wA b* E3Aiwww a b, no *wdm ct ie tbA%d S me oW*
-arrk" waters of dw Unitad Steetf as the Fdbft ft A pekgmyJD to oot o m"k sae 33 CpR put331�
APP"o M—An qvmvW M*suqwJD 6 m app mWft mom �reooe 93 CPR pat331}
Q 2um mo ` wvip k wave otdleLwtsd swee" Cos da8ncd by 33 CFR pot 32i ord aid& oe) *Vb da revfmw wm
Apprack An orJov I:�baol are:
Illrrrr snr'�raara order Uehd" (es detierd by33 CFR psrt396 and oeeooiutad pddottos) w3dda flee eevie+rnd rose.
Appr000baate �x ofhnad area .
�2hiaRerroe ItrpWa�a�prmeeioedur�ateeearwrtleodt'rrtthiotherwiawadama.
Q Dleeiefoa' by SWANCQUW*aWBid Rub bhf mtiaa Sb *fwDatkmhstToo of No JsebdJo m
NASD OFAM BD>1CUCKAL DRMKMA1i0bL-
A. Wotan deQwd nodes 33 Cn part3v a "aavlpXW waters srdls l &Ibd 9ta Wp.
El The P►-51091 ofv*m thetas aideot a do abb aid Bow otttre ddo adlar ae pneeowly nee& or hoes been wad bs
the pact, or any boaeooepltblo ft on iotereua at tbmlp eorlpe ,
B. Wgton delUnd usW 33 CPR part 32lt3(tt) is -wa ns of des Uattrd:oma*.*
COUP odwaoera..A"ws aeerody m=4 or wsu wed k the pool, ar mar ba mmpgn v p nee la
iatmmb or &AM oomr .. b tbk tgp 28 mftw wbkh are PAIW to tbo ebb sad flow ordw etas
(2) 7bo prceepoe or ioaeroame gm s, i p swrthaode .
p)7bc F maa ofodw Natat i to, dtnittwr , e► ,
elsadWP oPethofa.wetmeadow;PyO'aM116crimm lPoafttr .d aaord twtloeorw5iohooaldaffactiaBngata
eaneoaeae k*ft oar Rich womo (:beat all 6d spplYr
(t) whisk we a emdd ba uwd bytolao k or :bra p h dm Ass teaomttood a c&wperpom
(� flora abide >� or ehenneh arc rx could be taoom and phi k hotamta ar 16rdp eataeaerea
❑ W bedulbico io ki, m i tea mmmeroa.
• (4) brpwmdmmu orwo n odrk*in detiaed ss waters of tr US.
•(S) The praeone of►erieragry ro a wobr idsrtl5ed !e (U — t+� abova,
(d) i6e pmemoe of krrbtorta mL
M Tte promos ofwetWdv odJaoe O w otbetRiess- of the us. moept fat these wz ke& m odbr-weltc&
Radon k for
the Bads (apps m is may boxu dwdwd above).,Vthe jkrdlatft d »Aer or »vtdmrd aaot
OWOnwd tliRlMQMto�:l1II�IKeI�.$afa�,dReerrbfCrllM/Ci�Olf�(f bAlnO'pamtra�QpraaV Olft�lrrlr/)X 4IJrVarMArwmdmrtbAwbql
119'64 +CrlefJi NpY� readQlrlrrarafars Q?R11MOY1e COnlreCrlas R.t„ 7d1af ptrpfPrdlrjpma, %rdw Ar
mumm AMI&MOW t" dfffhuw a afdir weftio* cftdd od a bmrdare orlorrtpt o mmu ray. YAM * J Ord) lr wedar de Bats qr
�etoCswaert+isrrtlorsskord{bnrmlerlbsdsrsauan �8(nlerwdcrdF.Bsr6aldwradkremtidssseeo�rdiensritoaatrxardb
srta6raarq akbrndsslrn r
Lat+rtt ettat afdurbd W m Otmftmom 33 CFR pert nl w d 3m
I� o dbwy and w,* mom* k,i=w br Im
rda Lice bleated bys
Fl, dar,tlepelf15seiopeeaeadaseebmk
ad ortauntllasau" dmON"
dr promos of ftw and ddrh
fiat fd d a ddlda depoa� ( )
abmpm f�tM offs d
pbY,[9al aemidti0akbenatoriMlce
dnoraatim adeentettftt repxetlon
trial saw
��t
nears
sec.
� �..: i�pWYef»fairia:iie4i„! byr
Q m vcy 10 ataiQame dMIVQi Q 1 r: . o vwtmioa bw*ows in on
Wedm * , ' 1aiOS to abow m ft llt 1 wedanO de altatlm top and Wh I dtl� -')& nW v byt
Aumilo Madam coetldtoed * mtkdyofaplmdL
tt"maoa--dwpfaamtotorwou tm33tc8pet37f(aXt,Xa4.7
Hmdgemta dealioed eo tpp[vw jatbdldiom an rite brmEe of33 part 3Fi.3m
'!kt �brpa 6ei mmda a eaatapedfkdatrttp6tetlem eat fbt ibllordtrs waata preaesu oa the rib *0 not 4Metaw of the tkhal imam
wadstrwmemtay kme. traebzmotgoad.artgatae,pufoastm3SOMpot32U.
A>iladtllf► k ated weer. wm* +raebt ~t svpbmd lr#A l reload
Atd J bitat mid poeric aesP~ bpr W IWW efis; aodlbr d ftdry lmd w colk cad
eedda weaecamd a$tioh tts oaed moolwtrtll►er cacti patpoaea m e600irweleigi 4 aa<d� � : ' . ortias pores
Aittllefal rye a ppoit orodiar srpr»miibl f�odfp ad.rat� ereseed
liar � io m0�k saeeer�6rp�ratdmtlo rwtorlc
Q wi adll W awbd io drybmd bddmrtel to tsaetroafke sot{rtq sod pW amravMed ledrj•teiid ibr the ptoporo al'
obf b6s fi4 wA a grvd oleo mid meta ea room mdoa ormlaawetlee oparaHoa k tebmrilosed and 1ha rawktgp body ottwfer.
owns Bie desQalt[an erwafmm ores Uxbd BM9 A tmd at33 CM375jft
tdVA elrerfiete warted wfbhmommoa bbftuwcwmmmme.
hiw wo o m ttd aapimd, a deDswiFaed try Ike Netmral Rteoaeam Caoamv�tioo 8mvioe. &pltio uttoealw
mr lnig.tioa dNobea aoa;arraad an dry Itad. RgAbi md000k
DATA RILYUMM FM J[1 MCYIOMAL bWrZR1!>1GUM (etch as BW o, pWI
Mspr.piece,* WarppaA*MfttdbyaambdWrafetep Amt
Dtta rhea p gwodk baiiited by or an bebdfar>5e oppitamt.
7Ms *Mw oawn wkk do dtfbatliom tapttf, dded . pq; ad by, &w paad�
Tire albs dam met oonerrrwlth eo ddbcWw rapom dated . prapeed by%Yk
1>� lbela pnpL
Carve' >7aviptria carters' twdfaK
UA Qaoloylmi purvey itydtslopfo Atha
nit (ieaio�wi arm %S Mfmte Tvpd r*b r :.pe
U.S. Glob" Smrrry 7J U16.Ae teric Qaadnaptw
Ui, o do&d sancta► is Mkrrae qu.armipiem
USDA Naw9 Raow m Canatnaflm smvlw Sail awW..
NadwA wstlrodt fmratoi4• mqr
mad wl sv&w krrtatmymrpm .
i�MIAIFIRA! aueps pwpxaraa et Draex
lOQyterrloodpWotsaratloaie (NOM
AwW FMkvoplm (Nees # Den):
Ad- Adrmted weemdinriEts
She YkWdKwmloadm amdaatad oa
��%mssp dffl:
wasix IN wooed oddeamm aft erisetaanbthh.d to"cup wowed oasmm6ao iume M Mercury gL, oeaete "or
b'�PHD'� �oe.b7drtceopr ■d teetlaid hydretomr),
athe i mt •ao mr mn= bard**% omtlsuous, orraWmwhts Wak46 leprterd Rees olw waI of the U.S. by roernede d8tes a banirrs,amoa! ricer
hurt& bae5 domes, ad tha Khe an &W aoeaeat.
,•`GREENVILLE UTsI.I7fSS COMMISSION[
P. Q Box f e47 • GKwmmvtLLv, t% Cv 27834
'rEl.enoioNR
September 3, 1980
District Engineer
O.6. A=W.Engineer District, Div.
Attxis Construction Rptratior
P.D. Sou 1890 In
Wilastngton, N. t. 20401
ORes SAWCO80-W-074400066
Gessttesrleus
We are foxvarding herewith two (2) *XQcUted copies'' of a permit to
construct a raw vortex intake and p p ata�tfon o>a the Tar Rfver
r at the site a��our Prapoae�Tc '"o+a�= filtratio'n ptasat. We ntzderstessd
that when executed by your office the original cagy w311 be Understand
turned to us.
Thank you.for your cooperatjon.
Sincerely,
Y 4506—
Charles o' H. $orne, jr.
Director of Utilities
CO, HHjrfjv
Enclosures
CC6: Mr. Wadia Lewis,, MM �
OXs3an Associates, Raleigh
1
Kppficadon Na, SAfiGtaBf]-D[�Q7+i-DOOObb = _ .
Nm*of App11=m Greeexill& atilitime QMm;.1,rO.
Eflfeetk* bate (Sea Fa2a 4
Expiration Vote iffawimme) J - rs�es 1983
DEPARTMENT OF THE ARMY
PERMIT
R0hrrim9 to arittM mWm dWW _6 11ee06er 1479 roe a parmh te:
00 Perform work in or aflwtorg nntpbb eetara of the fJnitrd sates. upon AM M nMidedaa of tM Chid ell lrlahtatr*,pui.,aat
to $mien 10 of Mtn AFms and Rubon Aft d Aaatdi 9.1 ttYp 677 tJ.S C. 407i;
g) Olreha W dradpid or fill m imAg into wean of IN Unlnd Setae %Vm #0 hNOM of a parmfi frail ft Satr" of the Arwty
Invites eh OLO the CMd of Eaataaara pu~t to Saabs 406 el Ohs Fadnral Water hNutWn CmVW Act M Sur. s1111L IP.L. y24m;
f 1 Transport dreelpad material for files purpow of duaapina It into Ocean MNW upon CM bmahee or a Permit IMM the LYarery of tA.
lifeAnny.arino through'A* Chid O1 eNOM s ptrrerant to Sa den 10 of dta fdarkU FIOW bet, RalaMa
Stn.1052; ►.L 044M: h and bitituarlq Act of 1272
Greenville utilities Costmisaion
PQ soil 1647
Greenville, AC 27834
b erftbY autMurtted by OW Stcnufy sru, Ar.tyt
t.
constrmt a raw water intake tttld pltaping at4tiou
In
of
Greenville
Pitt County, North Carolina
in areordaocr Milt thr plarwand &swings attathad hrrato nhieh ran hrcorpvasd In wed made .part of ibispanoh fan anwktp: alre
Me Aumbrr or odlar doflnilr Idrnitfltatku #WIIA]
*uMrct to the foNvwkte cueditfew
f. Grwral C.ndd.na
a. That nit aetivana* fthnlifiad and autkorisad hanin ,half b* c6-1n*4 with tltt Mani aria ootid:pont Of"win t, W4 dletany
aetwilai not m"Iti"Ify Id*n114W and Okthpriand herein *Litt eonnkww ■ viclatien or the Samfr and eond$foro of thbparmlt whieh
f"y mutt in the modWkW9 n. ftuFWWoa ar triwcatfan of this paneit, in whey or In part, r on feed% man rpaofftdly in QarmW
Laedlroro i Of k hereto, and Is the matltutlon o1 FAM %W proaaldrp a the ilnfi*d may oan*ldtr aPOrr>7riete.
Smut 00"mntant rrhalhrr m not this Pomil hm bamn ar"IM py mod iltd,100andad or evoked In wholes tr to part
FOAM ILCITI IN Of I APR 74 le oiCOL:Tft, JUL 71 "'o t 17�1
tax tine-lyala)
r �
L.L.
r-
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Ir
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b.7 cal su ss;htntsa autaorbed lerlha shall If dui f -11we durtr,p their cenetrtmtton or Opaettmt, any dltd" Ot popusna Imro
waters of Ih! Untied Stirs Or atom Man. be a all Nmw consistent with appligisi a sMair gxaffry atanderdl. eMcso" tkruwbes and
standards oh PerfOrWWM prahl114110% p.eenatnrnt 1611fltlsrms and hmanppemmt practices ateb wed purtnaat to the Federal %wor
PoMANin Control Act of 1072 [P,L 824M U plat. 970). tie ►farhna Prowctkd% Meterah and iviclum m An of 1972 (P.L 92OX
iSBtu. 10621, or parsumm to eoptkalle Stall pndloW Im
C. TM1 whdh ttwa aaNigr awh&fnd ?rain ktrthat ■ dteeharp dwhy In Con iMbbp er Operaden, of any pplfoant ikCiudnp
bat18 - Or frill rnaanit), Inge NOOM of the &N*d ima6 the sulhor(ced aatvgy elan, If ep01008ge ogler quaffty madsrds we MvW
or madlflad during *4 lawn of thin Pm7 t, be modiNld,•N rgomwv. W Conform tatth web +wind w mad&nd wwakr gw9ty s*bdords
aMhin IF tmnft of the o factio data of argr reMtlon or MmAthNsoe of [mar dpelity nmdw*, of a dragged by an impkm&V e of,
Plan sontwned n such tauitad or mcamil vtwAmrdr, or ndthkt such fanpaw period of Sme as the Ptelrit Enpinw. in consultation vwgt
ON Pep" Adminntrawr of the Erwlror eemal ►icom lon Agww. envy determine to be fueoeeble Usdr the cWumgemtii.
d. TNr de dwhip will not dpuey a 1Matim d ar eadampered species a idamttlfad endow the Endwpared Xvis r Act, sr
IrAw age Ne erlficat hebflae of such simiss. �..
a. Thor the Par"trae Area to make am" rommomw effort to prorewga The a0ttwttuitlan or apervam of Via trap ausharbad
)wain to a rmnfW b a 90 rahimm any advare kvis m an fish. wvifdllfs, and gatweFVwftrdM"M whims,
I. That the parntinal grass thatlaewin praaeal. tee Oanstnedon Of work wlttoriand herein In a mmrw so as to mlpkni» any
depadom of wmar etwtnr•
p. Thst the permhm •hall permit We Dhtriat Ehhpkhetr Of hit w1hcriasd ►opros"w rdsl or d"%rm& t to wdli period0
kapsctsare 01 any [rate owned McMm ry in order to mm IN, the woWty befnp parfonaad Under odzWty at this pwM h in.
mwdenca wAth the sonmsand comMom proambod hwelm.
h. That fiat parntatq chat! meinssda the atrurplre or ewer# @Uthwftd herein In 000d cOrmitm and In a,"- Chu -IMdtlw iNplengww
drantoom em marato.
L Tint 04 permit does nor mmvW say property ft1m. either in tend mate or mehrlsf, of snysaekmkV povilsom t nd that 11 den
not auehrka any injury a Properw age kmoloo of r[pho or any M kfnonment of Fedoras, "", Or imml too or "W@Iiom nor dM It
oltria go taelY"Fiml to WHIMI, Stale or law spent M gcend 6y lees wow wgtvhy wOmrisd hero&,.
j. 7ha fish parnut may be nmar0r11y euMmulact in -hole ar in Poet. ufron a llednp tit the QigirM Enpinw tint kwaedow
ampention Of IN afthiW outho►ind hotsis wouid be in de Psnaral public inmert. Shah vApm4m A* be effect" M mr MO*tby L..._,
des prmrttn of a wrtlran natics thereof hshlab dholf ktdoaq (1) do arrant at the agm*on. M-110 rrpsim for this scdnt, sd
01 any Impactive or promentaiwe m oomerm to be taken by the psrmllsIs which are dahmed neon V by the Oletrfef ierrMe = fbar
knoYw►t hate di to des gonorat public lnarahx. T1e Pwedtas *01 Iafw UnniadIm adlan to ao riply wish the seta fonsof this aedts,
Wkft rag days followky laeelpt of this noike of arrpension, do peemtltgee nay nmyAn ■ an v(ok let order to Aromm khfomedan
relehhallt m e p fb wwhfetihfr Itlt permit a1wOtAd 1e rektetlted. RlOdliiad Oi eeYO kid. ii a hnrerkhP la geglNgted, it" mg a0ntteetgd w
pvauem is pnawdhna peaoebed by Ilea Chid of 6fto<nais. Ater Completion ofthe N.ark7lp. art 40*1a a ataeon "t titre car barite!
Of tM etahpamston aoria to 100 phamsties t l no hmeM Is requaged, the perch wOl ehhar br ralnllNgd, pnod Ud or rMbed.
L That the permit may bs afthm modfkal, euspmhl W ar fmhpd In grhON Or in pan it eke Saaf.Oli o1 the Army age his ouWaind
raprsesnearim dtwf tkm that there hat been a riotatW of any of the 90OW by conditions M this perndt or that legit at{IM amdd
oth m in be In the public lnterM Any auah nwdfbukw6 suspension, a ►ovOmim OWN beeAena efiecllre >!D deal atMr aeelptbY tie t - —
prrmittas of onion nand of such action which Nrahl spediy }he facfg hm eprtdud iwneneiehP one sodas f0 trtthla tfr aDdeyprbd
the parrnittge is able to aatNhotOft dmmmtrae 114t (01 de elleisdr(dation atom tom MW'keetrid ion of thbPwnhdid nmt, in
toes, aamhr Or phi the aflsped whaLdon wit eaddental. end the permlim has belrt oprntMi bn corwlianae trfth the wrna and oaefdms
Of the PwWt and Is able tor provide getbfactory amuruicaa cat floes Maim go desk be in kA rahnp0iue Nhh the axons and
tondhhom Of" permit: or 121 W" Ifs /fOneeld SCk* PWO& the pmmittel requests tet a public hoark+p be held to praMI"
and wirm evidence cwkmmro the Prapow modhited". MAPN hen w rommilam. The condlm of this li M mis and the woahttrm
far �nM a fpt.l desihipn e1Utm to w"ti, suspend or ovske Ihk prmft in acme a in put ebgp be pvra>ant to Owedursoprargnbsd
far the chief Of En*NW
L ?bet in hoot thh permit. Of Gam"" ant has rolled on the bform "m and drtg wtthdg 0* pwrM to her provided in hxefkttan
afdt his Pam. It sppiieettln. If, irbaequswrt to IN [warm of this punk, such Infprm1w and eteo peens to be fates, inter ism of
iDWANsse, this pRrmh f►sW be mtadified. suspended or rwoted In wAaA or b pare. and/or thf irovarmwht may. in addiom,11uif qe
srrlxoa We 140 pioesedrnps.
M. Tod any moditk:etloe, wwwwon, a is" [toe a1 Wit: Pt-11 shelf rat be the bars for lay alsim for rtiring pe gum the
UmIgd Seam,•
e. The the Ilwmhlnee hhAalf media the h]ittrkt 6ry3trete at reseal titre the aesirjty authorhed herein wrtq 1e hrofrNnngwcsd, a 4r a
adrmq of tits: Wee of t ommanealnsfheaa the DAtrlee Engineer any gmdfy, and Of any wMenelonof work, it for a pwlod of mwm den
am w sk ,asrmilon'ot work and 10 cahmpletlwh. L—
• rt
a TA+1 ii t!r seawty +uthorwa tfsra(e Y not nerted an at tr+fore, at A•
(One year from IN der of dwrce of the nntt rrdsis DOWN Ipaelfhrd) and is l Ik. �..
sa M opt sompYrd an or hefan
MAW of I%sewabaz. 1it Al IIAre yaen kem Its dw of Mwwfe oT NY OWNWr wreem otlrrota grel�itdl tlde prrmil, Jf ---
nof Praalovely revoked or epedf IVY eauade4"wftor"11CI ly tKwre.
IL Thu "ttemb OM net swho+ias or Improve the mmtnutkxf of pwtV" arnett+rW ON auvork+don er awm el of umh
may retprlrs +uehorlptkfn b1" tlr Cankrw or edrr tpenafee of lgt't'darY (fpvetruryrte.
* That 11 and whtat tin Peenldw dalm to abwdm the wwIV wdwrfwd henfn& runlets star abnnd0enw, bpw 0/+ pawNr
areeedtxe by wh(ch eha Pamktea fr usuferdnq IfY Intatew herein to* third Percy purism• to oerwo Cendltbn t h~. ha mutt
noon the wo 0 0 go, MRfbn mlde TNV 0 t11P OYlrkt Engfnwr. �
r, Thee d the r$Wday of "Perntfl Y'potatbte under WOkmble trio or Patel Yft the parrakeet droll take weir ecdon w spy bt
nomeery p tword this permit wrte pM Rykrr d1 Oeed+ or ether aaproodne ollkid drrled with the mpwmbiny 1w mok"htint
raeordr of thb to wid eituem ie rw property,
e. That dMra shelf!» lto rntttue0+tehis hNerhranee aride ttavfeetien by tneatiernta dr trNt1 StxNtFrltlr authorised htnfn.
t. ThN the penrut MW not be Ir+nafand to 0 third party Wid%wA tnhlr Hinton robot 10lh+Obel(a rWIkNW.Oth r by the
trevelrwY ranttee apNraapt b eorefply with aM ranter and tf7ad trw of Ihll wrmh or bit the Imalem l4 w*hq to Itapendt to
go WM Pmvl*d blew end thereiry Wod fo to ooWly with me taane and condtlan of Ihk pwwL fn +dditlan. it do Men e m
honik+n the .Hump ewhorend Morten by eonvwy+nea or NOV. tlta trod dull tefetenoa thM pernrli end the tuna and trndttkwfl
XIMFOrd hppn and df r p.ma alrM im r+Cordad SIOW with the died nitk the flsQhwr el DMO or odor &Woo" eaww.
It. wj'` dd Contlkiem [dart hn e0r tam mmk q rpetitYotly to on pecomd etrecwa w work +utrorl+ed by thh pwmlth
1. in order to prOteCt anadrCWU2 fish resourCtia no ezcavatioa and/oi fill
activities will be accoatplisbed Weraatd of the wrmal water level elevation
of the Tar River ba.twwm eke bates of 1 Hereb through' 31 Kay of any pear with—
out the prior approval of the LIB Fish and Vi.ldliie.Service aid the Corps of
Engineers.
2. The proposed ptmep station will be located entirely an bi& pound and its
construction will not involve the placement of fill is say wetlands.
3. The po:econstructioo grade of all wetlands crossed br the paswitted pipelines
will be restored upon project completion. All excess material will be removed
to a high ground disposal site.
r—
F_
i T
T'ts follawns Special CO1114nmu mg be spplrabls wit" attprtlPrI i._.
ST 0VUR95IN OR AFFac-nim NAVIGABLE WATQAS of THE UNITEtt STATSit
L That that permit doss rat suitmrive the intWwwwrs trlth any eldrteV Or proptrNC( PmkW project and that the prmllm than not
M setidsd m cOR.Ww Mtwn tat d 0 orkkNtytolhvmvMmorimiamthorindhoob ~may be bind by or ants imm
saiNW4 or httwa operation undsrnllsn by'fee United Sims in the pohifa t1ltNa
b. That no stUnW. AW be atone by Rho PffnA1ge to pnl net dN fan and free tee by the pe bile Of aS netfpebfa tarata K « stgaNnt
to tf, act vety frthorfted by Me perrillt.
t. Thee It'hs deeper Of IIYftll-snd SW" on testy attuowre or rrork 8W wInd hw@M b mK ahanrrbe pratidAd for by I'M Such
Wires end woti u may bs prnettlsd by the Weed stets Cam Cord dW be kssalfed end ffNhdstned by and st"*ARM of the
parm.reaa.
I.—
d. TM *A pwmhtMk Open receipt Of & nasles Of rsYaeatlerl a the permit or upon Its eaptradan balon soMIA111 n of the
asthormed Rrmium or work, sh" Without swow" to Ma Wad dent find in omh t3rte end mentor !t Rim sslRttwY of tM Army or
IMF all11110t id repretentwive O,Y dntt,.rff%" the %GIWtr,y to lu OMMW eorwidons, if the paemittts %W to tdo;Rw sstth tM
dkettmn of the S wtepry of the Army or he wthortaed taprststvdM, do SweYry Or his dairm espy nstore the wwAWyy to its
tarnrre' GaadYam, by Gen treat ar *VwW n. WW ratowr the cost MMAOr Irom the parmrttOL
e. iteuetunt lcr S+nNI bate: 71tst ttarrtitNe I,rsby nto/niaw theposeRepisy that t!a nrucsers ptrsnitte0 Morin may be asblaet to
tLmW by wdm wash fran patklp riot. TM davana of "I Pu-h d—not relb- the perrpittas from skky ep Weiler beeps to
mew& the rMMMY Of the stnleosrtporesatsd healn end the Mfely of boss reoONd ehreto from damsp ky wvs tlatb end 1M
parmitres thO not hold ik Lbited Sere 4Wft iw rW ash dwwp.
MAINTWANCE DAMMING:
a That %w w1 The work suthoflud heraln htctudu pallodit m0hisawa bedpbip, it stray be periarmell under thin o&rnrit for
r. .._.�ygn imm the dAu of ismaslra of dub PWMN hen ystrs urim odws iss bldlm**
b. That the pwmktee w91 Ovin the District Enpfrosr fn wri ft St but No meb bsiws to 1 Ponds to urdrtdn my rnhltsnno
tkedSietp.
DiECHARGEB OF OREDGE0 DA FILL MATERIAL INTO WATERS (IF THE UNITED xTATr:B:
a, That the disolwor will be era Gut k raniarntitY.wlth the pools will objsethn of On EPA GwkMI tM Nob W" prrutwt to
Section 4D4lbl Gt Uls FWPCA end pvWahsd in 40 CFFi 2M
b. That the tlbd,rpe Will moist of wkabls fflowdM free from 'aria AGIWtarrts In Dow tsars chats *0ant"M �.
a. Thst the fill crested by to diw%M vvNI be prOW V malntehrd to prsrsnt amdon and Oducr +as'pWW SOWM of polkrtfon; end
d. TMt she dbchwpt wpl tat 11aCer 1n a cereparrnt of thf Nel(and Wild and Bcw11C River:iyttnr a m saotthpeaeltt of a Aauwid F
and st*tic river umtm.
DUIAPING OF DREDGfb MATERIAL INTO OCEAN WATER&
A. That tM dumping svr'a be anted out ise eoaformiry, with V a soak% ollfeethsuprd rtw&am III of tM EPA CM9110b se1011sd
pwsmot tt Stettin t U of the hUdna Protection, Rasasleh and aw.-Www Act of ion tt wmw in 40 CPR 2x),m
b. Thal the Perndtut Weil Pita a cow of this permit In A eco fptorota pbn in cis Yassd to be usd for'!, Uw plOrtarbn lnftr
dumping of the riedped me""W M &Atodnod hwalm
Thb permit shO becomseffectlus an ifs doom of tM District Elyse er'ssWetwo,
Persrtlttee hweby etxtpts and ephee to sornply wide tiN Nrms &rtdcondttlens of dliepormiL �.
mass a v V124 s assi
PERMITTER DATE
BY AUTIfM"OF T w� ,1gTA" CIF YKfi ARRAY,
DATE
DISTRICT ENGtNEEFt,
Lam.
U.s, ARRAY. CORPS OF ENGINE Egg
Trsndarre WOW agrees eo Aamply with she torn» and eonWtkns of this parlt&1. ,
TRANSFEREE .—s 1. _ ..e --._ —._ OATS
4 • Y. e. oovaar "9W POPTIAN GPF1Ce, Ie4e-4t4v64 2.1 �—
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AT THE PROPOSED GREENVILLE WATER
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-WY COMM
Drat a6vow
August 16, 2018
Greenville Utilities Commission
Attn: Mr. Julius Patrick
PO Box 1847
Greenville, NC 27835
DWR 4 09-0266 VS
PnT County
`jet APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONSGUC Raw Water Intake Maintenance Dredging
Dear Mr. Patrick:
You have our approval for the Impacts listed below for the purpose described In your applicatkrn dated
July 27, 2I318 and received by the Division of Water Resources (Division) on July 31, 2018. These impacts
are covered by the attached Water Quality General Certification Number 4133 and the conditions listed
below. This certification is associated with the use of Nationwide Permit Number 3 once It Is 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 certifications) or general
Permit and the following additional conditions:
1. 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. 115A NCAC 02B .0506(b)(c)jj
I Type of impact
Waters
OW-1(Culvert and Fill for
Road Crossing DC-1)
Amount
j Approved (units)
Permanent
0.28 (acres)
Amount Approved
(units)
Temporary
0 (acres)
Plan hsration/
Reference
Attached
i
Drawing Number I
010-G03 i
Nub Caro = D*R wm arEevx=wnW QdW&y Wivipm of Waxy R,,9== - Wadifnee ReSIOW offim
943 Was"V- S*— M % Nato 2M9
"4R1
GUC
pWRJOMGG VS
401 APPROVAL
2. this approvxi is for the Page 2 of 3
purpose and design described In your application. The plans and
specifications for this project are Incorporated by reference as part of the Certification. N
YOU change your project, YOU +nest 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 and is responsible for
complying with aft conditions. [isA NCAC 028 AMd)t2jj
3. Wa, r uali• Certification
The Proposed protect trust comply with all the conditions of the General Water Quality
Certification(s) 4132. f1sA NCAC 026 MM(c)l
4. Turbidity Standard
The Permbee shall adhere specially to 15A NCAC 02B .0211 Fresh Surface Water Quality
Standards for Class C Waters (3)(g) pH: shall be normal for waters in the area, which
generally shall range between 6.0 and 9.0 except that swamp waters may have a pH as
low as 43 if it Is the result of natural conditions; 0) Turbidity. the turbidity in the receiving
water shall not exceed S0 NTU,. If turbidity exceeds this level due to natural background
conditions, the existing turbidity level shall not be Increased. [15A NCAC 029.0211]
S. This approval and their conditions are final and binding unless contested. [GA 14.3-215.51
6. 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 time. If the property Is sold, the new owner
must be given a copy of this approval fetter and General Certification and Is responsible for
complying with all conditions. [35A NCAC 028-050i(d)(2)]
These Certifications can be contested as provided in Articles 3 and 4 of General Statute ISM by filing a
written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as
OAH). A petition form may be Obtained from the OAIi at ncoah& ft or by calling the OAH
perks Office at (919) 4313000 for Infornmtlom
Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. 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 8:00am and S=pm, excluding
official state holidays).
NorthWo6mDegye{mentofEarimmornhlQue�icy@ivhionorWaverRmwMa. X,&Jhingt0nRegionalofGca
sag Wai460- square Man. W-W&V 4 i4arth Cvdm 27U9
252-946.6481
GUC
DWRI 09-am V5
401
Page 3 oP3
APPROVAL
The petition may be faxed to the OAH at (919) 431_3100
along with anY applicable OAH filing feera�ived is provided the original and one copy ofthe petitipn
faxed transmission. the OAH within five (5) business days following the
Mailing address for the om..
ffsending via usAwaisenrker (sending laic CkA y senda (UPS, FWft
Off%e of Administrative Hears eft).
Office of Administrative Hearings
6714 Mall Service Center ins New Hope Church Road
Ralelgfy NC 27699-6714 Raleigh, NC 27609-62$3
One (1) CoPy of the petition must also be served to DEQ'
William F. Lane, 6enerai Counsel
Department of Environmental quality
1601 Mail Service Center
Raleigh, NC 276W1601
This letter completes the review of the Divition under section 401 of the Chan Water Rules. Ple
contact And" Scarbraugh at 252-948-3924 or asenthonvscarbraur�'
questions or concems. ?! if you have any
Sincerely,
to" 7401"
Robert Tankard, Assistant Regional Supervlsar
Water Quality Regional Operations Section
DlVislon of Water Resources, tKWQ
Enclosures: GC 4132
Certification of Completion
cc: Raleigh Bond, USACE Washington Regulatory Half Office (via emall)
Sarrdr Dumpor, OEMLR WaRO
DWR WaRO 401 File
Laserflche
t�orlfi a arviina Daynvnnrt ofEnv►nameagl t*t*Pk'W- or9--R... WarhiW.,, K.S .l Of".
zs2-9 4481
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW 2018-01462 County: E [tt U.S.G.S. Quad: Greenville NW
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: Greenville Utilities Commission
CIO J. Scott Farmer. PE
Address: 801 Mnmford Road
Greenville, North Carolina 27834
Telephone Number. 94 551-1529
Size (acres) 45A acres
Nearest Waterway Tar River
USGS RUC 03020103
Nearest Town Greenville
River Basin Lower Tar
Coordinates Latitude. 35. 894
Longitude: -77.401244
Location description: Proseet site is heated at the Greenville Utilities Commission Raw Water Intake Faciliti . adiacent to the
Tar River, off NC l3' hway 33 and Old River Row,:. near the City of Greenville. in Pitt Counts, North Carolina.
Description of projects area and activity: Removal of accumulated sediment in front of existh it fatale screens and restore to
ori&al operational capacity,
Applicable Law: ❑ Section 404 (Clean Water Act, 33 USC 1344)
® Sections 10 (Rivers and Hatbors Act, 33 USC 403)
Authorization: Regional General Permit Number or Nationwide Permit Number: NWP 3 - Maintenance.
Your work is authorized by the above referenced permit provided it is accomplished is strict accordance with the attached
conditions and your submitted application and attached information dated Jul, 11 2018. 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 teams 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 retrain 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 252-946-6481) 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 Washington, North Carolina at 252-946-6481.
This Department of the Army verification does not relieve the pe mittee 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 Ralel_b W. Bland, PWS at 910-251-45M.
Corps Regulatory Official: w.ewu9MVM.,vezeisa ,�_: Date: August 20, 2018
Expiration Date of Verification: March 18, 2022
Determination of Jurisdiction:
A. ❑ There are waters, including wetlands, on the above described project area that may be subject to Section 404 of the Clean
Water Act (CWA) (33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). This preliminary
determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Rd . Thisence r CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further
instruction. Please note, if work is authorized by either a general or nationwide permit, and you wish to request appeal ran
approved JD, the appeal must be received by the Corps and the appeal process concluded prior to the commencement of any work
in waters of the United States and prior to any work that could alter the hydrology of waters of the United States.
B. ❑ There are Navigable Waters of the United States within the above described project area subject to the permit requirements of
Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA) (33 USC §
1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to
exceed five years from the date of this notification.
C. ❑ There are waters, including wetlands, within the above described project area that are subject to the permit requirements of
Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations,
this determination may be relied upon for a period not to exceed five years from the date of this notification.
D. ® The jurisdictional areas within the above described project area have bean identified render a previous action. Please reference
jurisdictional determination issued Jul; 29.2016. Action ID: SAW-2016-01379.
Basis For Determination: The Tar River Is a", and has been historicsll. atiltzed for Interstate commerce and also exhibits am OHWM. -
Remarks: Permits for eriodic maintenance of fire intake screens has been issued—revloudl ,.
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps, Clean Water Act jurisdiction for the particular site
identified in this request. The delineation/determinapon may not be valid for the wetland conservation provisions of the Food Security
Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request
a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work.
F. Appeals Information (This information applies only to approved jurlsd[etion determinations as indicated in B and
C above).
This correspondence constitutes an approved jurisdiction determination for the above described site. If you objea to this
detemvination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a
Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you
must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Jason Steele, Review Officer
60 Forsyth Street SW, Room 1 OM15
Atlanta, Georgia 30303-8801
Phone: (404) 562-5137
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal
under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form, it must be received at the above address by N/A
"Ift is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.**
Corps Regulatory Official: NIA
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 our Customer Satisfaction Survey, located online at
htt ://ca,,i,,dpu.usace;armr.miVcm_..ex/f1p-136:4:0.
Copy famished:
CC: CESAW-RG-WBland
Action ID Number: SAW 201"1462 County: Pitt
Permittee: Greenville Utilities Commission
Project Name: Raw Water Intake Facility Screen Maintenance
Date Verification Issued: Au, ust 20, 2018
Project Manager: Ralei , W. Blanch PWS
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: Raleigh W. Bland, PWS
Washington Regulatory Field Office
2407 W. P Street
Washington, North Carolina 27889
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 rewired mitigation was completed in
accordance with the permit conditions.
Signature of Permittee Date
ti01IFICAnON OF tfiMINIS R ► l7� f At'pt Af. UPItOl�i$ AN] PROCESS :► tifl
REQt f.ST FOR .APPFAt
policOM: CA*envflle UdNdes Commission File Number. SAW 2018-01462 Date: AnEwt 28 2,,d13
Attached is: I See Section below
L] IIQTIAL PROFFERED PERMIT 1 Standard Permit or Letter of Vision)
PROFFERED PERMIT (Standard Famit or Leiter of permission)
El PERM DENIAL — - —
C J APPROVED JURISDICTIONAL DETERMINATION
PRELII►CNARY RJRISDICI10NAL DETERMINATION
B
C
SEC110'4 t. -')'lie: fofiowing identifies your rights and options regarding an administrative appeal of the above decision.
Additional information maybe found at �., w a N=_ -� -_ -- -- z: run n •,
or Co _- revulatidnis at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may acceptor object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorizatiam. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the TAP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain to and conditions therein, you may request
that the permit he modified accordingly. You must complete Section lI of this form and return the form to the district
engineer. Your objecfions must be received by the district engineer within 60 days of the date of this notice, or you will
farfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your
objections and may. (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your
objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After
evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in
Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and retain it to the district engineer for final
authorization. If you received a Letter of Permission (TAP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its twos and conditions, and approved jurisdictional determinations associated with the
pest.
• APPEAL: If you choose to decline the proffered permit (Standard or LAP) because of certain terms and conditions therein,
you may appeal the declined peen d under the Corps of Engineers Administdadw Appeal Process by completing Section 11 of
this form and sending the florin to the division engineer. Ibis form must be received by the division engineer within 60 days
of the date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JIURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new
information
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: 11 you disagree with the approved JD, you may appeal the approved JD under the Carps of Fagineers
Administrative Appeal Process by completing Section 11 of this form and sending the foam to the district engineer. This form
must be received by the division engineer within 60 days of the date of this notice.
E: PRELEM NARY JIMMIMONAL DETERMINATION. You do not need to - — - _
l��y JD. The Preliminary appealable, If u to the Corps regarding the lrminary JD is not yo wish, Y'ou maY �1r�t � approved JD (which maybe appealed
by contacting the Corps district for further instruction. Also you rnayprovide new Corps to reevaluate the JD. infamratian £aa further consideration by the
STTIO 11I - RE `VEST FOR APPEAL or OBJB nONS TO AN INITIAL PROFFERF.i1� PP
RMft REASONS FOR APMEAL OR OBJECTIONS: (17esccnbe your
proffered permit in clear concise statements. Yau may attach additional infmmm foro > r to clarifyYom wlhel+e °� to an initial
objections are addressed in the admnustrahve record_) Y reasons or
ADDPTDONAL lNFO12MAT10N: The appes] is limited to a review of the adminisjrative
record of die appeal conference or meetin and an �o�' the Cow fez the
clarify the administrative record. Neithcr the y supplemental vrformation that the review officer has determined is needed to
Howcver, you May appellant nor the Corps may add new information or analyses to the record.
y provide additional information to clarify the location of information that is already in the administrative
record.
POINT OF CONTACT FOR UESTTONS OR INFORMATION.
if you have questions regarding this decision and/or the If you only have
appealPry you may contact: questions regarding the appeal also contact: Process you may
District Engineer, WIlmington Regulatory Division Mr. Jason Steele, Administrative
Attu: Raleigh W. Bland, PWS CESAD-PDO Appeal Review Officer
Washington Regulatory Field Office
2407 W. 51' Street U.S. Army Corps of&ghmm, South Atlantic Division
Washington, North Carolina 27889 60 Forsyth Street, Room 14M15
Phone: (91D) 2514564 Atlanta, Georgia 30343-$841
RIGHT OF BNTTtY: y _ Phone: (404) 562-5137 _
signature below grants the right of entry to Corps of Engineers personnel, aad any goof --
consultants, to conduct investigations of the project site during the course of the
�notice of any site roves gation, and will have the o : appear mess. You will be provided a 15 day
—---�-�- ----- -- - - - � ^,?o �artiCi-.pate in all site investigations.
Date: Telephone numl -
-or- agent
For Weuk on Initial Proffered ed Pem is send this form to: — - ------
District Engineer, Wilmington Regulatory Division, Arm: Rale
Carolina 2t1403 igh W. Bland, PWS, 69 Darlington Avenue, Wilmington, North
For Perm& denials, Prq fJered Permits and Approved jurisdictional rm&mWons send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative Appeal
Oflieer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801
Phone: (404) 562-5137
ROY COOPER
comma,
MICHAEL S. REGAN
secrrhrry
LINDA CULPEPPER
Director
Greenville Utilities Commission (GUC)
Attn: Julius Patrick
PO Box 1847
Greenville, NC 27835
3
NORTH CAROLINA
Ehv1ron tnta!Quoit4y
August 13, 2019
DWR # 09-0266 V6
PITT County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
GUC Raw Water Intake Maintenance Dredging 2019
Dear Mr. Patrick:
You have our approval for the impacts listed below for the purpose described in your application dated
July 3, 2019 and received by the Division of Water Resources (Division) on July 3, 2019 with supplemental
information received on July 31, 2019. These impacts are covered by the attached Water Quality General
Certification Number 4132 and the conditions listed below. This certification is associated with the use of
Nationwide Permit Number 3 once it is Issued to you by the U.S. Army Corps of Engineers. Please note
that you should get any otherfederal, 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:
1. 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)]
Type of Impact
Waters
OW-1 (Maintenance
Dredging)
Amount Approved Amount Approved
(units) (units)
Permanent Temporary
0.28 (acres) j 0 (acres)
Plan location/
Reference
Attached
Sheet: 010-C-03
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
5f
WQ:>
w�
North Carolina Detiartment vf Environmental Quality Division of Water Resources
Washington Regional Office 943 Washington Square Mall I Washington, North Carolina 27880
252.946.6481
GUC
DWR#09-0266 V6
401 APPROVAL
Page 2 of 3
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 and is responsible for
complying with all conditions. [15A NCAC 02H .0507(d)(2)]
3. Water Quality Certification
The proposed project must comply with all the conditions of the General Water Quality
Certification(s) 4132. [15A NCAC 02H .0507(c)]
4. This approval and their conditions are final and binding unless contested. [G.S.143-215.5]
5. 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 and is responsible for
complying with all conditions. [15A NCAC 02H .0507(d)(2))
This Certification can be contested as provided in Articles 3 and 4 of General Statute 1508 by filing a
written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as
OAH). A petition form may be obtained from the OAH at ..tp://www.ncoah.com or by calling the OAH
Clerk's Office at (919) 431-3000 for information.
Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. 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 8:00am 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: If sending via delivery service (UPS, FedEx,
etc,):
Office of Administrative Hearings Office of Administrative Hearings
6714 Mail Service Center 1711 New Hope Church Road
Raleigh, NC 27699-6714 Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to DEQ:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
GUC
DWR# 09-0266 V6
401 APPROVAL
Page 3 of 3
This letter completes the review of the Division under section 401 of the Clean Water Rules. Please
contact Anthony Scarbraugh at 2S2-948-3924 or .7uKh*ncdenr.gov if you have any
questions or concerns.
Sincerely,
R TAO."
Robert Tankard, Assistant Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ
Enclosures: GC 4132
Certification of Completion
cc: Krysta Stygar, USACE Washington Regulatory Field Office (via email)
Jerry R. Jones, DEMLR WaRO
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STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF WATER RESOURCES
WATER QUALITY GENERAL CERTIFICATION NO.4132
GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR US ARMY CORPS OF ENGINEERS
• NATIONWIDE PERMIT 3 (MAINTENANCE),
• NATIONWIDE PERMIT 4 (FISH AND WILDLIFE HARVESTING, ENHANCEMENT, AND
ATTRACTION DEVICES AND ACTIVITIES),
• NATIONWIDE PERMIT 5 (SCIENTIFIC MEASUREMENT DEVICES),
• NATIONWIDE PERMIT 6 (SURVEY ACTIVITIES),
• NATIONWIDE PERMIT 7 (OUTFALL STRUCTURES AND ASSOCIATED INTAKE STRUCTURES),
• NATIONWIDE PERMIT 19 (MINOR DREDGING),
• NATIONWIDE PERMIT 20 (RESPONSE OPERATIONS FOR OIL OR HAZARDOUS SUBSTANCES),
• NATIONWIDE PERMIT 22 (REMOVAL OF VESSELS),
• NATIONWIDE PERMIT 2S (STRUCTURAL DISCHARGES),
• NATIONWIDE PERMIT 30 (MOIST SOIL MANAGEMENT FOR WILDLIFE),
• NATIONWIDE PERMIT 32 (COMPLETED ENFORCEMENT ACTIONS),
• NATIONWIDE PERMIT 36 (BOAT RAMPS),
• REGIONAL GENERAL PERMIT 197800056 (PIERS, DOCKS AND BOATHOUSES), AND
• REGIONAL GENERAL PERMIT 197800125 (BOAT RAMPS)
Water Quality Certification Number 4132 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 .05W 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 (6) (3, 4, 5,
6, 7,19, 20, 22, 25, 30, 32, and 36) of the US Army Corps of Engineers regulations and Regional
General Permits 197800056 and 197800125.
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
By
for Linda Culpepper
Interim Director
GC4132
Activities meeting any one (1) of the following thresholds or circumstances require written
aaorp 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 additional permanent impacts to streams (including stream relocations or
restorations) greater than 40 linear feet at an existing stream impact location; or
c) Total temporary and permanent impacts to wetlands or open waters equal to or greater
than one -tenth (1/10) of an acre; or
d) Complete dewatering and drawdowns to a sediment layer related to pond/dam
maintenance or removal; or
e) Any impacts to streams from excavation or dredging other than excavation that is
conducted as preparation for installing permanent fill or structures or projects qualifying
for a Nationwide Permit 19; or
f) Except for projects qualifying for a Nationwide permit 3, 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
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
ill. 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
program2.
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 coastal wetlands [15A NCAC 07H .0205], or Unique Wetlands
(UWQ; or
Q Any impact associated with a Notice of Violation or an enforcement action for
violations) 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:
1 e.g. Coastal Counties, HQW, ORW, or state -implemented Phase II NPDES
I e.g. Delegated Phase II NPDES, Water Supply Watershed, Nutrient -Sensitive Waters, or Universal Stormwater
Management Program
Page 2 of 10
GC4132
1. 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
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. For all dam removal projects meeting the definition under G.S. 143-225.25 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.
2. For the North Carolina Department of Transportation, compliance with the NCDOT's
individual NPDES permit NC5000250 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: [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. 115A NCAC 02H .0501 and .0502]
Page 3 of 20
GC4132
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 021-11.0501 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.
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.
S. 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 4 of 10
GC4132
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 0413.0124, 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 021-1.0501 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]
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 021-1.0506(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]
Page 5 of 10
GC4132
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 6 of 10
GC4132
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.
115A 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 7 of 10
GC4132
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.
115A 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 should 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 028.0211(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.
Page 8 of 10
GC4132
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 iSA NCAC 02H .0506 (b)(2) and
(c)(2)l
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 httus:iiedocs.deu.nc.pov,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]
111. 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).
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
Page 9 of 10
GG4132
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 waters or
downstream waters are precluded.
History Note: Water Quality Certification (WQC) Number 4132 issued December 1, 2017
replaces WCQ 4085 issued March 3, 2017; WQC 3883 issued March 19, 2012; WQC Number
3687 issued November 1, 2007; WQC Number 3624 issued March 19, 2007, WQC Number 3494
issued December 31, 2004; and WQC Number 3376 issued March 18, 2002.
Page 20 of 10
ROY COOPER
Goramor
MICHAEL S. REGAN
Secrerory
LINDA CULPEPPER
Dirlec'tor
NORTH CAROLINA
Environmental Quall-ly
DWR Project No.: County:
Applicant: _
Project Name:
Date of Issuance of Wetland Permit:
Upon completion of all work approved within the 401 Water Quality Certification and/or Buffer Rules, and any subsequent
modifications, the applicant is required to return this certificate to the 401 & Buffer Permitting Unit, North Carolina Division of
Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699-1617. 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
1, _ 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/or Buffer Rules, the approved plans and specifications, and other supporting
materials.
Signature:
i 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 /or 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 Permittee 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/or Buffer Rules, the approved plans and specifications, and other supporting
Lmaterials.
Signature: Registration No. Date
North Carolina Departrwrit of Environmental Quality Division of Water Resources
-,ro"D E t
M Mlh C)R:1,hA
f Washington Regional attire 1 fl43 Washington square Mail Washington. North Carolina 27889
252.9" &481
ROY COOPER
Governor
MICHAEL S. REGAN
secretory
S. DANIEL SMITH
Director
Greenville Utilities Commission (GUC)
ATTN: Mr. Julius Patrick
PO Box 1847
Greenville, North Carolina 27835
NORTH CAROLINA
Environmental Quality
September 1, 2020
DWR Project # 2009-0266 v7
Pitt County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
GUC Raw Water Intake Maintenance Dredging 2020
Dear Mr. Patrick:
You have our approval for the impacts listed below for the purpose described in your application received by the Division of
Water Resources (Division) on August 17, 2020. These impacts are covered by the attached Water Quality General Certification
Number 4132 and the conditions listed below. This certification is associated with the use of Regional General Permit Number
291 once it is 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) CAMA Major, 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:
1. The following impacts are hereby approved, provided that all the other specific and general conditions of the
Certification are met. No other impacts are approved, including incidental impacts. [15A NCAC 026 .0506(b)(c)]]
Type of Impact Amount Approved (units)
Permanent
Waters
OW1— maintenance dredging
0.09 (aces)
2. Water Quality Certification
Amount Approved (units) Plan location/
Temporary Reference Attached
Attached sheets C01-
0 (acres) CO3
The proposed project must comply with all the conditions of the General Water Quality Certification(s) 4132. [15A
NCAC 02B .0507(c)]
Continuinrc Compliance
3. Work Moratorium
The Tar River has been designated by the North Carolina Wildlife Resources Commission (NCWRC) as critical habitat
for Atlantic Sturgeon, and is also likely habitat for other species of concern. In order to protect these waters during
anadromous fish spawning seasons, WRC has requested a February 1— September 30 in -water work moratorium
which should be implemented as a condition of this permit.
�,- North Carolina Department of Environmental Quality I Division of Water Resources
tf �ff-`_ Washington Regional Office 1 943 Washington Square Mall 1 Washington. North Carolina 27889
Npi?iH C�r.JJil�. DEE
o.,= =--•u.ss� /"� 252.946.6481
4. During construction of the proposed project, fueling, lubrication and general equipment maintenance should not
take place within 50 feet of a waterbody or wetlands to prevent contamination by fuel and oils. [15A NCAC 02H .0506
(b)(3) and (c)(3) and 15A NCAC 02B .0200 (3)(f)]
5. Turbidity Standard
The Permittee shall adhere specially to 15A NCAC .02b .0211 Fresh Surface Water Quality Standards for Class C
Waters (3)(g) pH: shall be normal for waters in the area, which generally shall range between 6.0 and 9.0 except that
swamp waters may have a pH as low as 4.3 if it is the result of natural conditions; (1) Turbidity: the turbidity in the
receiving water shall not exceed 50 NTU; if turbidity exceeds this level due to natural background conditions, the
existing turbidity level shall not be increased (15A NCAC 02B .0211).
6. 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, and is responsible for complying
with all conditions (15A NCAC 02H .0507(d)(2)).
7. This approval and the conditions within are final and binding unless contested (G.S. 143-215.5).
8. The permittee shall report to the Washington 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.
These Certifications 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). A petition form may be obtained from
the OAH at httn:llwww.ncoah.coml or by calling the OAH Clerk's Office at (919) 431-3000 for information.
Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. 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 8:OOam and S:OOpm, 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
One (1) copy of the petition must also be served to DENR:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
if sending via delivery service (UPS, Fed Ex, etc.):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285
This letter completes the review of the Division under section 401 of the Clean Water Act. Please contact Chris Pullinger at 252-
948-3918 or chris.pullintterOncdenr.gov if you have any questions or concerns.
Sincerely,
Plot TAII"
Robert Tankard, Assistant Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ
Enclosures: GC 4132
Certification of Completion
cc: Julius Patrick, Greenville Utilities Commission (via e-mail: patricie@euc.com)
Emily Thompson, USACE Washington Regulatory Field Office (via e-mail)
Maria Dunn, NCWRC WaRO (via e-mail)
Laserfiche/DWR file copy
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STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF WATER RESOURCES
WATER QUALITY GENERAL CERTIFICATION NO.4132
GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR US ARMY CORPS OF ENGINEERS
• NATIONWIDE PERMIT 3 (MAINTENANCE),
• NATIONWIDE PERMIT 4 (FISH AND WILDLIFE HARVESTING, ENHANCEMENT, AND
ATTRACTION DEVICES AND ACTIVITIES),
• NATIONWIDE PERMIT 5 (SCIENTIFIC MEASUREMENT DEVICES),
• NATIONWIDE PERMIT 6 (SURVEY ACTIVITIES),
• NATIONWIDE PERMIT 7 (OUTFALL STRUCTURES AND ASSOCIATED INTAKE STRUCTURES),
• NATIONWIDE PERMIT 19 (MINOR DREDGING),
• NATIONWIDE PERMIT 20 (RESPONSE OPERATIONS FOR OIL OR HAZARDOUS SUBSTANCES),
• NATIONWIDE PERMIT 22 (REMOVAL OF VESSELS),
• NATIONWIDE PERMIT 25 (STRUCTURAL DISCHARGES),
• NATIONWIDE PERMIT 30 (MOIST SOIL MANAGEMENT FOR WILDLIFE),
• NATIONWIDE PERMIT 32 (COMPLETED ENFORCEMENT ACTIONS),
• NATIONWIDE PERMIT 36 (BOAT RAMPS),
• REGIONAL GENERAL PERMIT 197800056 (PIERS, DOCKS AND BOATHOUSES), AND
• REGIONAL GENERAL PERMIT 197800125 (BOAT RAMPS)
Water Quality Certification Number 4132 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) (3, 4, 5,
6, 7, 19, 20, 22, 25, 30, 32, and 36) of the US Army Corps of Engineers regulations and Regional
General Permits 197800056 and 197800125.
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
By
for Linda Culpepper
Interim Director
C00HkR
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 additional permanent impacts to streams (including stream relocations or
restorations) greater than 40 linear feet at an existing stream impact location; or
c) Total temporary and permanent impacts to wetlands or open waters equal to or greater
than one -tenth (1/10) of an acre; or
d) Complete dewatering and drawdowns to a sediment layer related to pond/dam
maintenance or removal; or
e) Any impacts to streams from excavation or dredging other than excavation that is
conducted as preparation for installing permanent fill or structures or projects qualifying
for a Nationwide Permit 19; or
f) Except for projects qualifying for a Nationwide permit 3, any permanent impacts to
waters, or to wetlands adjacent to waters, designated as: ORW (including SAV), HQW
(including PNA), SA, WS-I, WS-I1, Trout, or North Carolina or National Wild and Scenic
River; 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
program2.
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 coastal wetlands [15A NCAC 07H .0205], or Unique Wetlands
(UWL); or
0 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:
' 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 10
GC4132
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
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. 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.
2. For the North Carolina Department of Transportation, compliance with the NCDOT's
individual NPDES permit NC5000250 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: [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 .0502]
Page 3 of 10
GC4132
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.
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.
S. 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 1473).
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 4 of 10
GC4132
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 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 04B .0125]
Page 5 of 10
GC4132
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. [1SA 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 6 of 10
GC4132
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 7 of 10
GC4132
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 should 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 02B .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.
Page 8 of 10
GC4132
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)l
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]
111. 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).
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
Page 9 of 10
GC4132
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 waters or
downstream waters are precluded.
History Note: Water Quality Certification (W(2C) Number 4132 issued December 1, 2017
replaces WCQ 4085 issued March 3, 2017; WQC 3883 issued March 19, 2012; WQC Number
3687 issued November 1, 2007; WQC Number 3624 issued March 19, 2007; WQC Number 3494
issued December 31, 2004; and WQC Number 3376 issued March 18, 2002.
Page 10 of 10
ROY COOPER
carrrwarx
MICHAEL S. REGAN
secretary'
LINDA CULPEPPER
Inw(fm arrcrar
DWQ Project No.:
Applicant:
Project Name:
Date of Issuance of Wetland Permit:
NORTH CAROLINA
Environmental Quality
County:
Upon completion of all work approved within the 401 Water Quality Certification and/or Buffer Rules, and any subsequent
modifications, the applicant is required to return this certificate to the 401 & Buffer Permitting Unit, North Carolina Mvislon of
Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699-1617. 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 Certijlcation
hereby state that, to the best of my abilities, due care and diligence was usr_�- 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/or Buffer Rules, the approved plans and specifications, and other supporting materials.
Signature: Date:
Agent'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 /or 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 Permittee 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/or Buffer Rules, the approved plans and specifications, and other supporting materials.
Signature: Registration No. Dale
D,E Q�
9� N-�
North Carolina Department of Environmental Quality IDivision of Water Resources -Washington Regional Office
943 Washington Square Mall, Washington, North Carolina 27889
252-946.6481
Contact Name*
Contact Email Address*
Project Owner*
Project Name*
Project County*
Owner Address:*
Is this a transportation project?*
Julius Patrick
patricje@guc.com
Greenville Utilities Commission
Greenville Utilities Commission rawwater intake maintenance dredging
2021
Street Address
1721 Waterway Road
Address Line 2
Water Treatment Plant
aty
Greenville
Postal/ Zip axle
27835
r Yes r No
Type(s) of approval sought from the DWR:
r 401 Water Quality Certification - W 401 Water Quality Certification -
Regular Express
Individual Permit F- Modification
7- Shoreline Stabilization
Does this project have an existing project ID#?*
(-- Yes C No
Please list all existing project ID's associated with this projects.*
2009-0266 v7
State / Province / Region
NC
Country
US
Do you know the name of the staff member you would like to request a meeting with?
Please give a brief project description below and include location information.*
The proposed project will remove accumulated sediment to restore
full operational capacity of GUC upstream intakes to ensure
Greenville Utilities has the ability to deliver adequate supply of safe
drinking water to customers for consumption and fire flow protection.
An inspection in June 2021 revealed that a portion of the upstream
intakes were covered. Project was approved last year but due to high
river conditions and Covid project was delayed.
This project will restore that capacity.
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.
• I understand by signing this form that Icannot submit myapplication until 30 calendar days after this pre -filing
meeting request.
• I 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 *
O/ak_-w amc?P0
Submittal Date 7/2/2021