HomeMy WebLinkAbout20190900 Ver 2_Modification Request_20210920Staff Review
Does this application have all the attachments needed to accept it into the review process?*
r Yes r No
ID#*
20190900
Version* 2
Is this project a public transportation project?* r Yes
r No
Reviewer List:* Sue Homewood:eads\slhomewood
Select Reviewing Office:* Winston-Salem Regional Office - (336) 776-9800
Does this project require a request for payment to be sent?*
r
Yes
r
No
How much is r $240.00
owed? * r $570.00
Project Submittal Form
Please note: fields marked with a red asterisk below are required. You will not be able to submit the form until all
mandatory questions are answered.
Project Type: * r
For the Record Only (Courtesy Copy)
r
New Project
r
Modification/New Project with Existing ID
r
More Information Response
r
Other Agency Comments
r
Pre -Application Submittal
r
Re-Issuance\Renewal Request
r
Stream or Buffer Appeal
Pre -Filing Meeting Information
Pre -Filing meeting request information is not needed for this project.
Project Contact Information
Name: Vickie Miller
Who is subnitting the inforrration?
Email Address: vickie.miller@hdrinc.com
Project Information
Existing ID #: Existing Version:
20190900 1
20170001(no dashes) 1
Project Name: Southeast Feeder Main and Liberty Road Sewer Force Main
Is this a public transportation project?
r Yes
r No
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
r Yes r No r Unknown
County (ies)
Guilford
Please upload all files that need to be submited.
Gick the upload button or drag and drop files here to attach docurrent
2021 Updated Exhibits (003).pdf 2.12MB
City of Greensboro Waterline Loop Project -
2.26MB
Request for Permit Modification 07212021.pdf
Greensboro Loop Modification
45.31 KB
Request 7_21_2021. pdf
20190900 Ver 1—Approval Letter 20190916.pdf 3.76MB
Only pdf or Iv17 files are accepted.
Describe the attachments
or comments:
This is a request for modification of an existing Water Quality Certification (attached). Also, attached are an
email, cover letter, and permit impact plan sheets from 7/21/2021.
Sign and Submit
V By checking the box and signing box below, I certify that:
■ I, the project proponent, hereby certifies that all information contained herein is true, accurate, and complete to
the best of my knowledge and belief.
■ I, 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 agree that submission of this online 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 online form.
Signature:
I0 �
Submittal Date: Is filled in autorratically.
From: Homewood, Sue
To: Miller. Vickie M. (Raleiah)
Subject: RE: [External] RE: City of Greensboro Waterline Loop Project - Request for Permit Modification
Date: Monday, September 13, 2021 7:56:06 PM
Attachments: imaae001.pna
CAUTION: [EXTERNAL] This email originated from outside of the organization. Do not click links or open
attachments unless you recognize the sender and know the content is safe.
Oops, I meant to talk to you about this before we got off the phone today. Go ahead and submit an
application for this. Call it a modification for an existing project when you fill out the ePCN. Let me
know when you submit it and I'll catch our admin staff to stop it from going out to notice.
I will need to request WRC comments though based on the original approval so as we discussed
there may be survey requirements and it can take them time to review and send me comments and I
won't be able to issue the approval until they've provided me their input so if you want to reach out
to them while you are also submitted the ePCN and paying the fee it'll save time.
Sue Homewood
Division of Water Resources, Winston Salem Regional Office
Department of Environmental Quality
336 776 9693 office
336 813 1863 mobile
Sue. HomewoodC@ncdenr.gov
450 W. Hanes Mill Rd, Suite 300
Winston Salem NC 27105
Ertw to and from hNs addmsS is wood- to tho
From: Miller, Vickie M. (Raleigh) <Vickie.Miller@)hdrinc.com>
Sent: Friday, September 10, 2021 1:23 PM
To: Homewood, Sue <sue.homewood@ncdenr.gov>
Cc: Garvey, Jackson <Jackson.Garvey@hdrinc.com>
Subject: RE: [External] RE: City of Greensboro Waterline Loop Project - Request for Permit
Modification
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to Report Spam.
Hi Sue,
Have you had any luck determining if you can just modify our existing GC for the waterline project?
We are in need of this very soon.
Thanks,
Vickie
Vickie Miller, AicP, Pws
D 919.232.6637 M 919.559.2632
hdrinc.com/follow-us
From: Homewood, Sue <sue.homewoodPncdenr.gov>
Sent: Monday, September 6, 2021 6:26 PM
To: Miller, Vickie M. (Raleigh) <Vickie.Miller(@hdrinc.com>
Subject: RE: [External] RE: City of Greensboro Waterline Loop Project - Request for Permit
Modification
CAUTION: [EXTERNAL] This email originated from outside of the organization. Do not click links or
open attachments unless you recognize the sender and know the content is safe.
Hi Vickie,
I'm unclear on a few items with this project:
The City applied for coverage under GC4133 previously. The thresholds of the GC4276 are
essentially the same so what would have changed that written approval is no longer required when
adding new impact locations? Since the project already has a written 401 it would be most
appropriate to modify that approval.
Can you please update me on the results of Condition #2 of the previous 401 approval letter.
The plan sheets you submitted are not detailed enough for me to conduct a review regarding
whether the conditions of GC4276 would be met.
Thanks,
Sue Homewood
Division of Water Resources, Winston Salem Regional Office
Department of Environmental Quality
336 776 9693 office
336 813 1863 mobile
Sue.HomewoodPncdenr.g_ov
450 W. Hanes Mill Rd, Suite 300
Winston Salem INC 27105
Err 9 to and faun ft OO)rj�s W40Ct to tho
Ah Caoeha FUtdic Recods Law -arid rnay be d+sc*md 0 thr4, l+e3.
From: Miller, Vickie M. (Raleigh) <Vickie.MillerPhdrinc.com>
Sent: Friday, August 27, 2021 12:41 PM
To: Gibby, Jean B CIV USARMY CESAW (USA) <Jean.B.GibbyC@usace.army.mil>; Williams, Andrew E
CIV USARMY CESAW (USA) <Andrew.E.Williams2CcDusace.army.mil>; Homewood, Sue
<sue.homewoodC@ncdenr.gov>
Cc: Garvey, Jackson <Jackson.GarveylaDhdrinc.com>
Subject: [External] RE: City of Greensboro Waterline Loop Project - Request for Permit Modification
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to Report Spam.
Hi Jean,
Thank you for the call earlier today regarding the City's waterline loop project permit. I appreciate
your time and assistance on the project. I have attached the E/T species information we discussed
earlier.
We are requesting the project impacts be permitted under Nationwide Permit Numbers 58 and 13.
Sue, I left you a voicemail to discuss the corresponding General Certifications. I looked over them
and didn't see any condition that we couldn't meet but please let me know if you have concerns.
Please let us know if either of you need any additional information.
Thank you,
Vickie
From: Miller, Vickie M. (Raleigh)
Sent: Wednesday, July 21, 20214:37 PM
To: Gibby, Jean B CIV USARMY CESAW (USA)<Jean.B.GibbylcDusace.army.mil>; Williams, Andrew E
CIV USARMY CESAW (USA) <Andrew.E.Williams2C@usace.army.mil>; Homewood, Sue
<sue.homewood(@ncdenr.gov>
Cc: Garvey, Jackson <Jackson.GarveyCcDhdrinc.com>
Subject: City of Greensboro Waterline Loop Project - Request for Permit Modification
Good afternoon all,
I had mentioned a little while back that we would have a modification on the Greensboro
water/sewer line loop project. I finally received the information and have attached the files to this
email for your review. In general, there are five sites where we were previously planning to avoid by
jack and boring pipes under the streams but in the first location the contractor has encountered rock
that is extremely hard and they have not been able to complete a jack and bore. As they move along
they are still intending to use jack and bore where it is possible but they wanted to request the
modification in case they encounter rock at the other crossings. Please let me know if you need
additional information beyond the attached cover letter and the updated exhibits.
Thank you,
Vickie
Vickie Miller, AicP, Pws
D 919.232.6637 M 919.559.2632
hdrinc.com/follow-us
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From: Miller, Vickie M. (Raleigh)
To: Gibbv. Jean B CIV USARMY CESAW (USA); Williams. Andrew E CIV USARMY CESAW (USA); Homewood. Sue
Cc: Garvey. Jackson
Subject: City of Greensboro Waterline Loop Project - Request for Permit Modification
Date: Wednesday, July 21, 2021 4:36:00 PM
Attachments: Greensboro Loon Modification Request 7 21 2021.odf
2021 Undated Exhibits (003).odf
Good afternoon all,
I had mentioned a little while back that we would have a modification on the Greensboro
water/sewer line loop project. I finally received the information and have attached the files to this
email for your review. In general, there are five sites where we were previously planning to avoid by
jack and boring pipes under the streams but in the first location the contractor has encountered rock
that is extremely hard and they have not been able to complete a jack and bore. As they move along
they are still intending to use jack and bore where it is possible but they wanted to request the
modification in case they encounter rock at the other crossings. Please let me know if you need
additional information beyond the attached cover letter and the updated exhibits.
Thank you,
Vickie
Vickie Miller, AICP, PWS
D 919.232.6637 M 919.559.2632
hdrinc.com/follow-us
F)�
July 21, 2021
Mrs. Jean Gibby / Mr. Andrew Williams
U.S. Army Corps of Engineers
Raleigh Regulatory Office
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587
Ms. Sue Homewood
N.0 Division of Water Resources
401 & Buffer Permitting Unit
512 North Salisbury Street
Raleigh, NC 27604
Subject: Request for Modification to Nationwide Permit Nos. 12 and 13 (SAW-
20019-01356) / General Water Quality Certification Nos. 3884 and 3885
(DWR # 20190900)
City of Greensboro Proposed Southeast Feeder Main and Liberty Road
Sewer Force Main
Guilford County, North Carolina
To Whom It May Concern:
HDR, on behalf of the City of Greensboro (City), requests modification to the existing Section
404 Nationwide Permit Numbers 12 and 13 and Section 401 Water Quality Certification
Numbers 3884 and 3885 for construction activities associated with the Proposed Southeast
Feeder Main and Liberty Road Sewer Force Main project (Project) in Guilford County. The
original Section 404 Permit (Action ID SAW-2019-01356) is dated September 19, 2019 and
the Section 401 Water Quality Certification (Number 20190900) is dated September 16,
2019. There have been no previous modifications to these permits. This project is currently
under construction.
Explanation of Permit Impact Site Modifications Being Requested
This modification request is due to changes requested for construction methods. During
construction the contractor encountered an issue with trying to install the bore pits for a
bore and jack at Big Alamance Creek on Sheet 03X.19. While trying to install the bore pit
they encountered rock that is extremely hard and were not able to successfully dig the
bore pit for the bore and jack. In order to install the water line at this location they are
requesting to open cut the stream similar to the majority of the crossings on the project.
555 Fayetteville Street Suite 900 Raleigh, NC 27601-3034
(919)232-6600
July 20, 2021
Page 2
In addition to this location, there are four other locations where a bore and jack was
planned to be used for stream crossings. These occur on plan sheets 03X-11, 03X-14,
03X-16, and 03X-06. The current plan for those locations is to attempt digging the bore
pits and using a bore and jack but if that is not successful the contractor would like to be
able to proceed with the open cut methods like the remaining streams on the project.
The modification results in 155 linear feet of additional permanent impact to streams due
to bank stabilization following construction. Permanent stream crossings are not required
at these locations due to access being available along NC Highway 62 and Liberty Road.
The contractor is aware of the conditions necessary for open cut trenching and would
make sure they use appropriate dewatering measures and install the necessary sediment
and erosion control in order to avoid additional impacts to the streams.
Please see the enclosed revised permit drawings and updated impact summary sheets
which reflect the changes in impacts as well as the following table which describes the
impacts.
Additional Permit Impacts
The following table illustrates the additional impacts beyond those that were previously
provided in the electronic PCN and Modification Request.
Stream impact
number -
Average
Impact
Permanent (P)
Type of Impact
Stream
Perennial or
Type of
Stream
Length
or Temporary
Name
Intermittent
Jurisdiction
Width
(linear
(T)
(feet)
feet)
Open Cut
S-C-180-3
Trenching (coffer
(Sheet 03X-06)
dam, dewatering,
Polecat
Perennial
USACE &
20
25
excavation, pipe
Creek
DWR
P
installation,
backfilling)/ Bank
Stabilization
Open Cut
S-C-181-6
Trenching (coffer
(Sheet 03X-11)
dam, dewatering,
Unnamed
Perennial
USACE &
7
25
P
excavation, pipe
Tributary
DWR
installation,
backfilling)/ Bank
Stabilization
July 20, 2021
Page 3
Stream impact
Average
Impact
number -
Stream
Perennial or
Type of
Stream
Length
Permanent (P)
Type of Impact
Name
Intermittent
Jurisdiction
Width
(linear
or Temporary
(feet)
feet)
(T)
Open Cut
S-A-181-9
Trenching (coffer
(Sheet 03X-14)
dam, dewatering,
Unnamed
Perennial
USACE &
7
25
excavation, pipe
Tributary
DWR
P
installation,
backfilling)/ Bank
Stabilization
Open Cut
S-A-181-4
Trenching (coffer
(Sheet 03X-16)
dam, dewatering,
Climax
Perennial
USACE &
12
40
excavation, pipe
Creek
DWR
P
installation,
backfilling)/ Bank
Stabilization
Open Cut
S-A-180-1
Trenching (coffer
Big
(Sheet 03X-19)
dam, dewatering,
Alamance
Perennial
USACE &
16
40
excavation, pipe
DWR
P
installation,
Creek
backfilling)/ Bank
Stabilization
Thank you for your assistance with this project. If you have any questions or need additional
information, please contact me at (919) 232-6637 or vickie.miller@hdrinc.com.
Respectfully,
HDR Engineering, Inc. of the Carolinas
Vickie Miller
Sr. Project Manager
Attachments: Revised Wetland and Stream Impact Sheets
cc: Jan Stewart - Engineering Manager, City of Greensboro
Brian Boyd — Project Manager, City of Greensboro
Matt Watt, PE - HDR
DocuSign Envelope ID: FFB0F3C5-6C1 8-41 C8-93BC-5B6FE1 1 B6C8C
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
City of Greensboro
Attn: Ms. Virginia Spillman, PE
300 West Washington St
Greensboro NC 27401
NORTH CAROLINA
Environmental Quality
September 16, 2019
DWR # 20190900
Guilford County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
Southeast Feeder Main and Liberty Road Sewer Force Main
Dear Ms. Spillman:
You have our approval for the impacts listed below for the purpose described in your
application dated July 3, 2019, received by the Division of Water Resources (Division) July 3,
2019, and with subsequent information on August 14, 2019. 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 12 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 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) and/or (c)]
Type of Impact
Amount Approved
Amount Approved
(units)
(units)
Permanent
Temporary
Stream
North Carolina Department of Environmental Quality I Division of Water Resources
Winston-Salem Regional Office 1450 W. Hanes Mill Road, Suite 3001 Winston-Salem, North Carolina 27105
336-776-9800
DocuSign Envelope ID: FFBOF3C5-6C18-41C8-93BC-5B6FE11B6C8C
City of Greensboro
DWR# 20190900
401APPROVAL
Page 2 of 4
SS5.1
0 (linear feet)
22 (linear feet)
SS5.2
0 (linear feet)
25 (linear feet)
SS6.1
0 (linear feet)
29 (linear feet)
SS6.2
0 (linear feet)
33 (linear feet)
SS7.1
0 (linear feet)
40 (linear feet)
SS8.1
0 (linear feet)
32 (linear feet)
SS9.1
0 (linear feet)
25 (linear feet)
SS12.1
0 (linear feet)
14 (linear feet)
SS12.2
0 (linear feet)
16 (linear feet)
SS13.1
0 (linear feet)
29 (linear feet)
SS15.1
0 (linear feet)
3 (linear feet)
SS17.1
0 (linear feet)
26 (linear feet)
SS18.1
0 (linear feet)
37 (linear feet)
SS20.1
0 (linear feet)
24 (linear feet)
404/401 Wetlands
WS6.1
0 (acres)
0.01 (acres)
WS8.1
0 (acres)
0.01 (acres)
WS8.2
0.003 (acres)
0.005 (acres)
WS12.1
0 (acres)
0.02 (acres)
WS15.1
0 (acres)
0.01 (acres)
WS16.1
0.04 (acres)
0.04 (acres)
WS17.1
0 (acres)
0.01 (acres)
WS17.2
0 (acres)
0.06 (acres)
2. This approval is for the purpose and design described in your application. The plans and
specifications for this project are incorporated by reference as part of the Certification.
If you change your project, you must notify the Division and you may be required to
submit a new application package with the appropriate fee. If the property is sold, the
new owner must be given a copy of this approval letter and General
Certification(s)/Permit/Authorization and is responsible for complying with all
conditions. [15A NCAC 02H .0507(d)(2)]
3. The Permittee shall contact the NC Wildlife Resource Commission Central Aquatic
Wildlife Diversity Research Coordinator prior to construction to coordinate
recommended mussel and crayfish surveys recommended for perennial streams that
are proposed for open cut installation activities. [15A NCAC 02H .0506 (b)(2)]
4. The permittee shall report to the Winston Salem 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 .02001. Information shall be provided
orally within 24 hours (or the next business day if a weekend or holiday) from the time
DocuSign Envelope ID: FFBOF3C5-6C18-41C8-93BC-5B6FE11B6C8C
City of Greensboro
DWR# 20190900
401APPROVAL
Page 3 of 4
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.
This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]
This Certification can be contested as provided in General Statute 150B by filing a written petition
for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH)
within sixty (60) calendar days.
A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH
Clerk's Office at (919) 431-3000 for information. A petition is considered filed when the original
and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal
office hours (Monday through Friday between 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
DocuSign Envelope ID: FFB0F3C5-6C1 8-41 C8-93BC-5B6FE1 1 B6C8C
City of Greensboro
DWR# 20190900
401APPROVAL
Page 4 of 4
This letter completes the review of the Division under section 401 of the Clean Water Act.
Please contact Sue Homewood at 336-776-9693 or sue.homewood@ncdenr.gov if you have any
questions or concerns.
Sincerely,
DocuS�igfned by:
145B49E225C94EA...
Lon T. Snider
Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ— WSRO
Enclosures: GC 4133
cc: Vickie Miller, HDR Engineering Inc. (via email)
Andrew Williams, USACE Raleigh Regulatory Field Office (via email)
Olivia Munzer, NCWRC (via email)
DWR WSRO 401 file
DWR 401 & Buffer Permitting Unit file
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF WATER RESOURCES
WATER QUALITY GENERAL CERTIFICATION NO.4133
GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR US ARMY CORPS OF ENGINEERS
• NATIONWIDE PERMIT 12 (UTILITY LINE ACTIVITIES)
Water Quality Certification Number 4133 is issued in conformity with the requirements of
Section 401, Public Laws 92-500 and 95-217 of the United States and subject to the North
Carolina Regulations in 15A NCAC 02H .0500 and 15A NCAC 02B .0200 for the discharge of fill
material to surface waters and wetland areas as described in 33 CFR 330 Appendix A (B) (12) of
the US Army Corps of Engineers regulations.
The State of North Carolina certifies that the specified category of activity will not violate
applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-
217 if conducted in accordance with the conditions hereinafter set forth.
Effective date: December 1, 2017
Signed this day: December 1, 2017
By
for Linda Culpepper
Interim Director
GC4133
Activities meeting any one (1) of the following thresholds or circumstances require written
approval for a 401 Water Quality Certification from the Division of Water Resources (DWR):
a) If any of the Conditions of this Certification (listed below) cannot be met; or
b) Total permanent impacts to wetlands or open waters equal to or greater than one -tenth
(1/10) acre within the entire utility project; or
c) Any permanent impacts to streams; or
d) Total temporary impacts to streams greater than 500 feet within the entire utility
project; or
e) Any stream relocation or stream restoration; or
f) Any high -density utility line and associated facilities project, as defined in 15A NCAC 02H
.1003(2)(a) and by the density thresholds specified in 15A NCAC 02H .1017, which:
L 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
g) Any permanent impacts to waters, or to wetlands adjacent to waters, designated as:
ORW (including SAV), HQW (including PNA), SA, WS-I, WS-II, Trout, or North Carolina or
National Wild and Scenic River; or
h) Any permanent impacts to coastal wetlands [15A NCAC 07H .0205], or Unique Wetlands
(UWL); or
i) Any impact associated with a Notice of Violation or an enforcement action for
violation(s) of NC Wetland Rules (15A NCAC 02H .0500), NC Isolated Wetland Rules (15A
NCAC 02H .1300), NC Surface Water or Wetland Standards (15A NCAC 02B .0200), or
State Regulated Riparian Buffer Rules (15A NCAC 02B .0200); or
j) Any impacts to subject water bodies and/or state regulated riparian buffers along
subject water bodies in the Neuse, Tar -Pamlico, or Catawba River Basins or in the
Randleman Lake, Jordan Lake or Goose Creek Watersheds (or any other basin or
watershed with State Regulated Riparian Area Protection Rules [Buffer Rules] in effect
at the time of application) unless:
L 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
' e.g. Coastal Counties, HQW, ORW, or state -implemented Phase II NPDES
2 e.g. Delegated Phase II NPDES, Water Supply Watershed, Nutrient -Sensitive Waters, or Universal Stormwater
Management Program
Page 2 of 12
GC4133
iii. A Buffer Authorization Certificate or a Minor Variance is issued by a delegated or
designated local government implementing a state riparian buffer program
pursuant to 143-215.23.
Activities included in this General Certification that do not meet one of the thresholds listed
above do not require written approval.
I. ACTIVITY SPECIFIC CONDITIONS:
1. All sewer lines shall be designed, constructed and maintained in accordance with Title 15A
NCAC Chapter 02T.
2. Any utility construction corridor that is parallel to a stream or open water shall not be closer
than 10 feet to the top of bank or ordinary high-water mark. Exceptions to this condition
require application to and written approval from DWR. [15A NCAC 02H .0506 (b)(4) and
(c)(4)]
3. Where there are temporary or permanent impacts from stream crossings, utility lines shall
cross the stream channel at a near -perpendicular direction (i.e., between 75 degrees and
105 degrees to the stream bank). Exceptions to this condition require application to and
written approval from DWR. [15A NCAC 02H .0506 (b)(2) and (c)(2)]
4. Construction corridors in wetlands and across stream channels shall be minimized to the
maximum extent practicable and shall not exceed 50 feet wide for gas utility lines and 40
feet wide for all other utility lines. Exceptions to this condition require application to and
written approval from DWR. [15A NCAC 02H .0506 (b)(2) and (c)(2)]
For construction corridors in wetlands and across stream channels, stumps shall be grubbed
only as needed to install the utility and remaining stumps shall be cut off at grade level. The
general stripping of topsoil within wetlands along the construction corridor is not
permitted.
5. Permanent maintained access corridors in wetlands and across stream channels shall be
restricted to the minimum width practicable and shall not exceed 30 feet wide for gas utility
lines and 20 feet wide for all other utility lines except at manhole locations. 15-foot by 15-
foot perpendicular vehicle turnarounds shall be allowed in access corridors but must be
spaced at least 500 feet apart. Exceptions to this condition require application to and
written approval from DWR. [15A NCAC 02H .0506 (b)(2) and (c)(2)]
6. For all utility lines constructed within wetlands, an anti -seep collar shall be placed at the
downstream (utility line gradient) wetland boundary and every 150 feet up the gradient
until the utility exits the wetland. Anti -seep collars may be constructed with class B
concrete, compacted clay, PVC pipe, or metal collars. Wetland crossings that are
directionally drilled, and perpendicular wetland crossings that are open cut and less than
150 feet long do not require anti -seep collars. The compacted clay shall have a specific
Page 3 of 12
GC4133
infiltration of 1 X 10-5 cm/sec or less. A section and plan view diagram is attached for the
anti -seep collars. [15A NCAC 02H .0506 (b)(4) and (c)(4)]
The following specifications shall apply to class B concrete:
a. Minimum cement content, sacks per cubic yard with rounded coarse aggregate 5.0
b. Minimum cement content, sacks per cubic yard with angular coarse aggregate 5.5
c. Maximum water -cement ratio gallons per sack 6.8
d. Slump range 2" to 4"
e. Minimum strength - 28-day psi 2,500
7. The applicant shall have a specific plan for restoring wetland contours. Any excess material
will be removed to a high ground disposal area. [15A NCAC 02H .0506 (b)(2) and (c)(2)]
The mixing of topsoil and subsoils within the wetlands along utility corridors shall be
minimized to the greatest extent practical. During excavation, the soils shall be placed on
fabric to minimize impacts whenever possible. Topsoil excavated from utility trenches will
be piled separately from subsoils and will be backfilled into the trench only after the
subsoils have been placed and compacted.
8. For the North Carolina Department of Transportation, compliance with the NCDOT's
individual NPDES permit NCS000250 shall serve to satisfy this condition. All other high -
density utility line and associated facilities projects that trigger threshold Item (f) above
shall comply with one of the following requirements: [15A NCAC 02H .0506(b)(5) and (c)(5)]
a. Provide a completed Stormwater Management Plan (SMP) for review and approval,
including all appropriate stormwater control measure (SCM) supplemental forms and
associated items, that complies with the high -density development requirements of 15A
NCAC 02H .1003. Stormwater management shall be provided throughout the entire
project area in accordance with 15A NCAC 02H .1003. For the purposes of 15A NCAC
02H .1003(2)(a), density thresholds shall be determined in accordance with 15A NCAC
02H .1017.
b. Provide documentation (including calculations, photos, etc.) that the project will not
cause degradation of downstream surface waters. Documentation shall include a
detailed analysis of the hydrological impacts from stormwater runoff when considering
the volume and velocity of stormwater runoff from the project built upon area and the
size and existing condition of the receiving stream(s).
Exceptions to this condition require application to and written approval from DWR.
II. GENERAL CONDITIONS:
1. When written authorization is required, the plans and specifications for the project are
incorporated into the authorization by reference and are an enforceable part of the
Certification. Any modifications to the project require notification to DWR and may require
an application submittal to DWR with the appropriate fee. [15A NCAC 02H .0501 and .0502]
Page 4 of 12
GC4133
2. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the
footprint of the impacts (including temporary impacts) as authorized in the written approval
from DWR; or beyond the thresholds established for use of this Certification without
written authorization. [15A NCAC 02H .0501 and .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.
5. When applicable, all construction activities shall be performed and maintained in full
compliance with G.S. Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973).
Regardless of applicability of the Sediment and Pollution Control Act, all projects shall
incorporate appropriate Best Management Practices for the control of sediment and
erosion so that no violations of state water quality standards, statutes, or rules occur. [15A
NCAC 02H .0506 (b)(3) and (c)(3) and 15A NCAC 02B .0200]
Design, installation, operation, and maintenance of all sediment and erosion control
measures shall be equal to or exceed the requirements specified in the most recent version
of the North Carolina Sediment and Erosion Control Manual, or for linear transportation
projects, the NCDOT Sediment and Erosion Control Manual.
All devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil)
sites, including contractor -owned or leased borrow pits associated with the project.
Sufficient materials required for stabilization and/or repair of erosion control measures and
stormwater routing and treatment shall be on site at all times.
Page 5 of 12
GC4133
For borrow pit sites, the erosion and sediment control measures shall be designed,
installed, operated, and maintained in accordance with the most recent version of the
North Carolina Surface Mining Manual. Reclamation measures and implementation shall
comply with the reclamation in accordance with the requirements of the Sedimentation
Pollution Control Act and the Mining Act of 1971.
If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs), SA,
WS-I, WS-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 046 .0125]
Page 6 of 12
GC4133
All moratoriums on construction activities established by the NC Wildlife Resources
Commission (WRC), US Fish and Wildlife Service (USFWS), NC Division of Marine Fisheries
(DMF), or National Marine Fisheries Service (NMFS) shall be implemented. Exceptions to
this condition require written approval by the resource agency responsible for the given
moratorium. A copy of the approval from the resource agency shall be forwarded to DWR.
Work within a designated trout watershed of North Carolina (as identified by the
Wilmington District of the US Army Corps of Engineers), or identified state or federal
endangered or threatened species habitat, shall be coordinated with the appropriate WRC,
USFWS, NMFS, and/or DMF personnel.
11. Culverts shall be designed and installed in such a manner that the original stream profiles
are not altered and allow for aquatic life movement during low flows. The dimension,
pattern, and profile of the stream above and below a pipe or culvert shall not be modified
by widening the stream channel or by reducing the depth of the stream in connection with
the construction activity. The width, height, and gradient of a proposed culvert shall be
such as to pass the average historical low flow and spring flow without adversely altering
flow velocity. [15A NCAC 02H .0506(b)(2) and (c)(2)]
Placement of culverts and other structures in streams shall be below the elevation of the
streambed by one foot for all culverts with a diameter greater than 48 inches, and 20% of
the culvert diameter for culverts having a diameter less than or equal to 48 inches, to allow
low flow passage of water and aquatic life.
If multiple pipes or barrels are required, they shall be designed to mimic the existing stream
cross section as closely as possible including pipes or barrels at flood plain elevation and/or
sills where appropriate. Widening the stream channel shall be avoided.
When topographic constraints indicate culvert slopes of greater than 5%, culvert burial is
not required, provided that all alternative options for flattening the slope have been
investigated and aquatic life movement/connectivity has been provided when possible (e.g.
rock ladders, cross vanes, etc.). Notification, including supporting documentation to include
a location map of the culvert, culvert profile drawings, and slope calculations, shall be
provided to DWR 60 calendar days prior to the installation of the culvert.
When bedrock is present in culvert locations, culvert burial is not required provided that
there is sufficient documentation of the presence of bedrock. Notification, including
supporting documentation such as a location map of the culvert, geotechnical reports,
photographs, etc. shall be provided to DWR a minimum of 60 calendar days prior to the
installation of the culvert. If bedrock is discovered during construction, then DWR shall be
notified by phone or email within 24 hours of discovery.
If other site -specific topographic constraints preclude the ability to bury the culverts as
described above and/or it can be demonstrated that burying the culvert would result in
destabilization of the channel, then exceptions to this condition require application to and
written approval from DWR.
Page 7 of 12
GC4133
Installation of culverts in wetlands shall ensure continuity of water movement and be
designed to adequately accommodate high water or flood conditions. When roadways,
causeways, or other fill projects are constructed across FEMA-designated floodways or
wetlands, openings such as culverts or bridges shall be provided to maintain the natural
hydrology of the system as well as prevent constriction of the floodway that may result in
destabilization of streams or wetlands.
The establishment of native woody vegetation and other soft stream bank stabilization
techniques shall be used where practicable instead of rip -rap or other bank hardening
methods.
12. Bridge deck drains shall not discharge directly into the stream. Stormwater shall be
directed across the bridge and pre-treated through site -appropriate means to the maximum
extent practicable (e.g. grassed swales, pre -formed scour holes, vegetated buffers, etc.)
before entering the stream. Exceptions to this condition require application to and written
approval from DWR. [15A NCAC 02H .0506(b)(5)]
13. Application of fertilizer to establish planted/seeded vegetation within disturbed riparian
areas and/or wetlands shall be conducted at agronomic rates and shall comply with all
other Federal, State and Local regulations. Fertilizer application shall be accomplished in a
manner that minimizes the risk of contact between the fertilizer and surface waters. [15A
NCAC 02B .0200 and 15A NCAC 026 .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 026 .0200]
15. All proposed and approved temporary fill and culverts shall be removed and the impacted
area shall be returned to natural conditions within 60 calendar days after the temporary
impact is no longer necessary. The impacted areas shall be restored to original grade,
including each stream's original cross sectional dimensions, planform pattern, and
longitudinal bed profile. For projects that receive written approval, no temporary impacts
are allowed beyond those included in the application and authorization. All temporarily
impacted sites shall be restored and stabilized with native vegetation. [15A NCAC 02H
.0506(b)(2) and (c)(2)]
16. All proposed and approved temporary pipes/culverts/rip-rap pads etc. in streams shall be
installed as outlined in the most recent edition of the North Carolina Sediment and Erosion
Control Planning and Design Manual or the North Carolina Surface Mining Manual or the
North Carolina Department of Transportation Best Management Practices for Construction
and Maintenance Activities so as not to restrict stream flow or cause dis-equilibrium during
use of this Certification. [15A NCAC 02H .0506(b)(2) and (c)(2)]
Page 8 of 12
GC4133
17. Any rip -rap required for proper culvert placement, stream stabilization, or restoration of
temporarily disturbed areas shall be restricted to the area directly impacted by the
approved construction activity. All rip -rap shall be placed such that the original stream
elevation and streambank contours are restored and maintained. Placement of rip -rap or
other approved materials shall not result in de -stabilization of the stream bed or banks
upstream or downstream of the area or in a manner that precludes aquatic life passage.
[15A NCAC 02H .0506(b)(2)]
18. Any rip -rap used for stream or shoreline stabilization shall be of a size and density to
prevent movement by wave, current action, or stream flows and shall consist of clean rock
or masonry material free of debris or toxic pollutants. Rip -rap shall not be installed in the
streambed except in specific areas required for velocity control and to ensure structural
integrity of bank stabilization measures. [15A NCAC 02H .0506(b)(2)]
19. Applications for rip -rap groins proposed in accordance with 15A NCAC 07H .1401 (NC
Division of Coastal Management General Permit for construction of Wooden and Rip -rap
Groins in Estuarine and Public Trust Waters) shall meet all the specific conditions for design
and construction specified in 15A NCAC 07H .1405.
20. All mechanized equipment operated near surface waters shall be inspected and maintained
regularly to prevent contamination of stream waters from fuels, lubricants, hydraulic fluids,
or other toxic materials. Construction shall be staged in order to minimize the exposure of
equipment to surface waters to the maximum extent practicable. Fueling, lubrication and
general equipment maintenance shall be performed in a manner to prevent, to the
maximum extent practicable, contamination of surface waters by fuels and oils. [15A NCAC
02H .0506(b)(3) and (c)(3) and 15A NCAC 02I3.0211 (12)]
21. Heavy equipment working in wetlands shall be placed on mats or other measures shall be
taken to minimize soil disturbance. [15A NCAC 02H .0506(b)(3) and (c)(3)]
22. In accordance with 143-215.85(b), the applicant shall report any petroleum spill of 25
gallons or more; any spill regardless of amount that causes a sheen on surface waters; any
petroleum spill regardless of amount occurring within 100 feet of surface waters; and any
petroleum spill less than 25 gallons that cannot be cleaned up within 24 hours.
23. If an environmental document is required under the State Environmental Policy Act (SEPA),
then this General Certification is not valid until a Finding of No Significant Impact (FONSI) or
Record of Decision (ROD) is issued by the State Clearinghouse. If an environmental
document is required under the National Environmental Policy Act (NEPA), then this
General Certification is not valid until a Categorical Exclusion, the Final Environmental
Assessment, or Final Environmental Impact Statement is published by the lead agency. [15A
NCAC 01C .0107(a)]
Page 9 of 12
GC4133
24. This General Certification does not relieve the applicant of the responsibility to obtain all
other required Federal, State, or Local approvals before proceeding with the project,
including those required by, but not limited to, Sediment and Erosion Control, Non -
Discharge, Water Supply Watershed, and Trout Buffer regulations.
25. The applicant and their authorized agents shall conduct all activities in a manner consistent
with State water quality standards (including any requirements resulting from compliance
with §303(d) of the Clean Water Act), and any other appropriate requirements of State and
Federal Law. If DWR determines that such standards or laws are not being met, including
failure to sustain a designated or achieved use, or that State or Federal law is being violated,
or that further conditions are necessary to assure compliance, then DWR may revoke or
modify a written authorization associated with this General Water Quality Certification.
[15A NCAC 02H .0507(d)]
26. The permittee shall require its contractors and/or agents to comply with the terms and
conditions of this permit in the construction and maintenance of this project, and shall
provide each of its contractors and/or agents associated with the construction or
maintenance of this project with a copy of this Certification. A copy of this Certification,
including all conditions shall be available at the project site during the construction and
maintenance of this project. [15A NCAC 02H .0507 (c) and 15A NCAC 02H .0506 (b)(2) and
(c)(2)]
27. When written authorization is required for use of this Certification, upon completion of all
permitted impacts included within the approval and any subsequent modifications, the
applicant shall be required to return a certificate of completion (available on the DWR
website: https://edocs.deg.nc.gov/Forms/Certificate-of-Completion). [15A NCAC 02H
.0502(f)]
28. Additional site -specific conditions, including monitoring and/or modeling requirements,
may be added to the written approval letter for projects proposed under this Water Quality
Certification in order to ensure compliance with all applicable water quality and effluent
standards. [15A NCAC 02H .0507(c)]
29. If the property or project is sold or transferred, the new permittee shall be given a copy of
this Certification (and written authorization if applicable) and is responsible for complying
with all conditions. [15A NCAC 02H .0501 and .0502]
III. 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).
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GC4133
2. This Certification neither grants nor affirms any property right, license, or privilege in any
waters, or any right of use in any waters. This Certification does not authorize any person
to interfere with the riparian rights, littoral rights, or water use rights of any other person
and this Certification does not create any prescriptive right or any right of priority regarding
any usage of water. This Certification shall not be interposed as a defense in any action
respecting the determination of riparian or littoral rights or other rights to water use. No
consumptive user is deemed by virtue of this Certification to possess any prescriptive or
other right of priority with respect to any other consumptive user regardless of the quantity
of the withdrawal or the date on which the withdrawal was initiated or expanded.
3. This Certification grants permission to the Director, an authorized representative of the
Director, or DWR staff, upon the presentation of proper credentials, to enter the property
during normal business hours. [15A NCAC 02H .0502(e)]
4. This General Certification shall expire on the same day as the expiration date of the
corresponding Nationwide Permit and/or Regional General Permit. The conditions in effect
on the date of issuance of Certification for a specific project shall remain in effect for the life
of the project, regardless of the expiration date of this Certification. This General
Certification is rescinded when the US Army Corps of Engineers reauthorizes any of the
corresponding Nationwide Permits and/or Regional General Permits or when deemed
appropriate by the Director of the Division of Water Resources.
5. Non-compliance with or violation of the conditions herein set forth by a specific project may
result in revocation of this General Certification for the project and may also result in
criminal and/or civil penalties.
6. The Director of the North Carolina Division of Water Resources may require submission of a
formal application for Individual Certification for any project in this category of activity if it
is deemed in the public's best interest or determined that the project is likely to have a
significant adverse effect upon water quality, including state or federally listed endangered
or threatened aquatic species, or degrade the waters so that existing uses of the water or
downstream waters are precluded.
History Note: Water Quality Certification (WQC) Number 4133 issued December 1, 2017
replaces WQC 4086 issued March 3, 2017; WQC 3884 issued March 19, 2012; WQC Number
3819 issued March 19, 2010; WQC Number 3699 issued November 1, 2007; WQC Number 3625
issued March 19, 2007; WQC Number 3374 issued March 18, 2002; WQC Number 3288 issued
June 1, 2000; WQC Number 3101 issued February 11, 1997; WQC Number 3022 issued
September 6, 1995, WQC Number 2664 issued January 21, 1992.
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GC4133
ANTI -SEEP COLLAR
r' tlni�ches
IIUtility Line
I k T (Diameter Varies)
I I
1 foot I �_
�I I
I I
t
Class B Concrete
or Compacted Clay
6 inches ranch MOM 6 inches
Not to exceed 40 feet
SECTION
6 inches
C�
PLAN
Page 12 of 12
Class B Concrete
or Compacted Clay
Winches
12
inches