Loading...
HomeMy WebLinkAbout20171559 Ver 3_Approval Letter_20220201ROY COOPER Governor ELIZABETH S. BISER Secretary S. DANIEL SMITH Director NORTH CAROLINA Environmental Quality February 1, 2022 DWR # 20171559 v3 Randolph / Guilford Counties Greensboro Randolph Megasite Foundation, Inc. Attn: Mr. Jim Melvin 324 W. Wendover Ave, Suite 207 Greensboro, NC 27408 Delivered via email to: jimmelvin@aol.com Subject: Approval of Individual 401 Water Quality Certification Toyota Battery Manufacturing Facility and Associated Infrastructure USACE Action ID. No. SAW-2015-01268 Dear Mr. Melvin: Attached hereto is a copy of Certification No. WQC004625 issued to Mr. Jim Melvin and Greensboro Randolph Megasite Foundation, Inc., dated February 1, 2022. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of this Water Quality Certification. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this Certification and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)]. This Water Quality Certification does not relieve the permittee of the responsibility to obtain all other required Federal, State, or Local approvals before proceeding with the project, including those required by, but not limited to, Sediment and Erosion Control, Non -Discharge, Water Supply Watershed, and floodplain regulations. This Water Quality Certification neither grants nor affirms any property right, license, or privilege in any lands or waters, or any right of use in any waters. This Water Quality Certification does not authorize any person to interfere with the riparian rights, littoral rights, or water use rights of any other person and does not create any prescriptive right or any right of priority regarding any usage of water. This Water Quality Certification shall not be interposed as a defense in any action respecting the determination of riparian or littoral rights or other rights to water use. No consumptive user is deemed by virtue of this Water Quality 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. £ D_E NORTH CAROLINA Department of Environmental Uualii� North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11650 Mail Service Center I Raleigh, North Carolina 27699-1650 919.707.9000 Greensboro Randolph Megasite Foundation, Inc. D W R# 20171559 V3 Individual Certification #WQC004625 Page 2 of 17 Upon the presentation of proper credentials, the Division may inspect the property. This Water Quality Certification shall expire on the same day as the expiration date of the corresponding Section 404 Permit. The conditions shall remain in effect for the life of the project, regardless of the expiration date of this Water Quality Certification. Non-compliance with or violation of the conditions herein set forth may result in revocation of this Water Quality Certification for the project and may also result in criminal and/or civil penalties. If you are unable to comply with any of the conditions of this Water Quality Certification you must notify the Winston Salem Regional Office within 24 hours (or the next business day if a weekend or holiday) from the time the permittee becomes aware of the circumstances. The permittee shall report to the Winston Salem Regional Office any noncompliance with, and/or any violation of, stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the permittee became aware of the non-compliance circumstances. This approval and its conditions are final and binding unless contested [G.S. 143-215.5]. This Certification can be contested as provided in Chapter 150B of the North Carolina General Statutes by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter 150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code. Additional information regarding requirements for filing a Petition and Petition forms may be accessed at or by calling the OAH Clerk's Office at (919) 431- 3000. A party filing a Petition must serve a copy of the Petition on: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 If the party filing the Petition is not the permittee, then the party must also serve the recipient of the Certification in accordance with N.C.G.S 150B-23(a). This letter completes the Division's review under section 401 of the Clean Water Act and 15A NCAC 02H .0500. Please contact Sue Homewood at 336-776-9693 or Sue.Homewood@ncdenr.gov if you have any questions or concerns. North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11650 Mail Service Center I Raleigh, North Carolina 27699-1650 919.707.9000 NORTH CAROLINA Department at Environmental Uueiiry Greensboro Randolph Megasite Foundation, Inc. D W R# 20171559 V3 Individual Certification #WQC004625 Page 3 of 17 Sincerely, sag /a S. Daniel Smith, Director North Carolina Division of Water Resources Electronic cc: Andrew Williams, USACE Raleigh Regulatory Field Office Wendee Smith, S2 Consulting Vickie Miller, HDR Curtis Martin, Jr., Toyota Colin Mellor, NCDOT Carl Warren, North Carolina Railroad Company Hal Johnson, Randolph County Michael Borchers, City of Greensboro Andrew Tate, Duke Energy Olivia Munzer, NCWRC Emily Wells, USFWS Todd Bowers, EPA Marc Recktenwald, NCDMS Tamera Eplin, NCDEMLR NCDWR 401 & Buffer Permitting Branch Electronic file Filename: 20171559v3_GRMS_Toyota Battery_Randolp-Guilford_401 IC.docx North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11650 Mail Service Center I Raleigh, North Carolina 27699-1650 919.707.9000 Type text hers NORTH CAROHNA Department of Environmental Uuafi1 Greensboro Randolph Megasite Foundation, Inc. DWR# 20171559 V3 Individual Certification #WQC004625 Page 4 of 17 NORTH CAROLINA 401 WATER QUALITY CERTIFICATION CERTIFICATION # WQC004625 is issued in conformity with the requirements of Section 401, Public Laws 92-500 and 95-217 of the United States and subject to North Carolina's Regulations in 15 NCAC 02H .0500 and 15A NCAC 02B .0200, to Mr. Jim Melvin and Greensboro Randolph Megasite Foundation, Inc., who have authorization for the impacts listed below, as described within your application received by the N.C. Division of Water Resources (Division) on July 7, 2021 and subsequent information on September 27, 2021, October 4, 2021, October 15, 2021, October 20, 2021, October 27, 2021, November 3, 2021, November 4, 2021, November 10, 2021, November 16, 2021, December 29, 2021, January 8, 2022, January 10, 2022, January 14, 2022, January 26, 2022, January 27, 2022, January 30, 2022 and January 31, 2022, and by Public Notice issued by the Division on August 17, 2021 and by the U. S. Army Corps of Engineers on November 19, 2021. The State of North Carolina certifies that this activity will comply with water quality requirements and the applicable portions of Sections 301, 302, 303, 306, 307 of the Public Laws 92-500 and PL 95-217 if conducted in accordance with the application, the supporting documentation, and conditions hereinafter set forth. The following impacts are hereby approved. No other impacts are approved, including incidental impacts. [15A NCAC 02H .0506(b)] Toyota Battery Manufacturing Facility Site: Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Stream S5.1 (Stream SK) 25 (linear feet) 0 (linear feet) S5.2 (Stream S45) 492 (linear feet) 0 (linear feet) S5.3 (Stream S15) 60 (linear feet) 0 (linear feet) S5.4 (Stream S43A) 212 (linear feet) 0 (linear feet) S6.1 (Stream S7) 633 (linear feet) 0 (linear feet) S6.2 (Stream S1) 495 (linear feet) 0 (linear feet) S6.2 (Stream S1) 198 (linear feet) 0 (linear feet) S6.3 (Stream S1) 632 (linear feet) 0 (linear feet) S6.4 (Stream S2) 256 (linear feet) 0 (linear feet) S7.1 (Stream S5) 203 (linear feet) 0 (linear feet) S7.2 (Stream S2) 378 (linear feet) 0 (linear feet) S8.1 (Stream S22) 79 (linear feet) 0 (linear feet) S9.1 (Stream S43/S43B) 768 (linear feet) 0 (linear feet) S9.2 (Stream S45) 2363 (linear feet) 0 (linear feet) S9.3 (Stream S51) 81 (linear feet) 0 (linear feet) S9.4 (Stream S48) 9 (linear feet) 33 (linear feet) S10.1 (Stream S1) 2191 (linear feet) 0 (linear feet) S10.2 (Stream S7) 1092 (linear feet) 0 (linear feet) S10.3 (Stream S14) 65 (linear feet) 0 (linear feet) S10.4 (Stream SA) 116 (linear feet) 0 (linear feet) D_E NORTH CAROLINA �/ Department of Environmental Duali North Carolina Department of Environmental Quality Division of Water Resources 512 North Salisbury Street 11650 Mail Service Center I Raleigh, North Carolina 27699-1650 919.707.9000 Greensboro Randolph Megasite Foundation, Inc. DWR# 20171559 V3 Individual Certification #WQC004625 Page 5 of 17 S10.5 (Stream S9) 601 (linear feet) 0 (linear feet) S10.6 (Stream S8) 588 (linear feet) 0 (linear feet) S11.1 (Stream S4) 321 (linear feet) 0 (linear feet) S11.1 (Stream S4) 455 (linear feet) 0 (linear feet) S11.2 (Stream SA) 175 (linear feet) 0 (linear feet) S11.3 (Stream S9) 758 (linear feet) 0 (linear feet) S11.4 (Stream S20) 124 (linear feet) 0 (linear feet) S11.5 (Stream S5) 163 (linear feet) 0 (linear feet) S12.1 (Stream S20) 949 (linear feet) 0 (linear feet) S12.2 (Stream S22) 323 (linear feet) 0 (linear feet) S12.2 (Stream S22) 7 (linear feet) 0 (linear feet) S12.3 (Stream S21) 1689 (linear feet) 0 (linear feet) S12.4 (Stream S23) 76 (linear feet) 0 (linear feet) S13.1 (Stream S45) 2140 (linear feet) 0 (linear feet) S13.2 (Stream SY) 107 (linear feet) 0 (linear feet) S14.1 (Stream S1) 1419 (linear feet) 0 (linear feet) S15.1 (Stream S25) 410 (linear feet) 0 (linear feet) S15.2 (Stream S26) 163 (linear feet) 0 (linear feet) S15.3 (Stream HDR S9) 222 (linear feet) 0 (linear feet) S16.1 (Stream S25/S25R) 541 (linear feet) 0 (linear feet) S16.2 (Stream S35) 483 (linear feet) 0 (linear feet) S16.3 (Stream S21) 1918 (linear feet) 0 (linear feet) S17.1 (Stream S45) 852 (linear feet) 27 (linear feet) S17.2 (Stream S44) 756 (linear feet) 0 (linear feet) S18.1 (Stream S12B) 162 (linear feet) 0 (linear feet) S18.2 (Stream S1) 752 (linear feet) 0 (linear feet) S18.3 (Stream S11) 232 (linear feet) 0 (linear feet) S19.1 (Stream HDR S9) 1484 (linear feet) 0 (linear feet) S20.1 (Stream S35) 1443 (linear feet) 0 (linear feet) S20.2 (Stream S21) 1728 (linear feet) 0 (linear feet) S20.3 (Stream HDR S9) 417 (linear feet) 0 (linear feet) S20.4 (Stream S30) 1708 (linear feet) 30 (linear feet) S20.5 (Stream S31) 38 (linear feet) 45 (linear feet) S20.5 (Stream S31) 187 (linear feet) 0 (linear feet) S22.1 (Stream S1) 367 (linear feet) 30 (linear feet) S24.1 (Stream S21) 346 (linear feet) 0 (linear feet) S24.2 (Stream S30) 615 (linear feet) 29 (linear feet) S24.3 (Stream HDR S4) 172 (linear feet) 24 (linear feet) S27.1 (Stream S47) 90 (linear feet) 93 (linear feet) Total: 35,329 (linear feet) 311 (linear feet) 404/401 Wetlands W5.1 (Wetland W38) 0.03 (acres) 0 (acres) W5.2 (Wetland W40A) 0.04 (acres) 0 (acres) W5.3 (Wetland W39) 0.29 (acres) 0 (acres) W6.1 (Wetland W5) 0.13 (acres) 0 (acres) D_E NORTH CAROLINA �/ Department of Environmental Duali North Carolina Department of Environmental Quality Division of Water Resources 512 North Salisbury Street 11650 Mail Service Center I Raleigh, North Carolina 27699-1650 919.707.9000 Greensboro Randolph Megasite Foundation, Inc. DWR# 20171559 V3 Individual Certification #WQC004625 Page 6 of 17 W6.2 (Wetland W5) 0.17 (acres) 0 (acres) W6.3 (Wetland W1) 0.07 (acres) 0 (acres) W7.1 (Wetland W22) 0.15 (acres) 0 (acres) W7.2 (Wetland WA) 0.01 (acres) 0 (acres) W8.1 (Wetland W21) 0.24 (acres) 0 (acres) W8.2 (Wetland W23) 0.25 (acres) 0 (acres) W9.1 (Wetland W40A) 0.02 (acres) 0 (acres) W9.2 (Wetland W40B) 0.02 (acres) 0 (acres) W9.3 (Wetland W37) 0.14 (acres) 0 (acres) W9.4 (Wetland W43) 0.05 (acres) 0 (acres) W9.5 (Wetland W45) 0.01 (acres) 0 (acres) W11.1 (Wetland W6) 0.02 (acres) 0 (acres) W11.2 (Wetland W7) 0.06 (acres) 0 (acres) W11.3 (Wetland W8) 0.05 (acres) 0 (acres) W11.4 (Wetland W22) 0.16 (acres) 0 (acres) W12.1 (Wetland W22) 0.07 (acres) 0 (acres) W12.2 (Wetland W20) 0.10 (acres) 0 (acres) W12.3 (Wetland W21) 0.09 (acres) 0 (acres) W12.4 (Wetland W24) 0.22 (acres) 0 (acres) W13.1 (Wetland W18A) 0.13 (acres) 0 (acres) W13.2 (Wetland W19) 0.14 (acres) 0 (acres) W13.3 (Wetland WB) 0.06 (acres) 0 (acres) W14.1 (Wetland W9) 0.34 (acres) 0 (acres) W14.2 (Wetland W12) 0.26 (acres) 0 (acres) W15.1 (Wetland W35) 0.25 (acres) 0 (acres) W15.2 (Wetland W25) 0.24 (acres) 0 (acres) W16.1 (Wetland W28) 0.05 (acres) 0 (acres) W16.2 (Wetland W31) 0.54 (acres) 0 (acres) W16.3 (Wetland HDR WG) 0.13 (acres) 0 (acres) W16.4 (Wetland HDR WH) 0.67 (acres) 0 (acres) W17.1 (Wetland W44) 0.03 (acres) 0 (acres) W17.2 (Wetland W3) 0.26 (acres) 0 (acres) W18.1 (Wetland W9) 0.06 (acres) 0 (acres) W18.2 (Wetland W10) 0.16 (acres) 0 (acres) W18.3 (Wetland W13) 0.14 (acres) 0 (acres) W18.4 (Wetland W3) 0.005 (acres) 0 (acres) W19.1 (Wetland W34) 0.24 (acres) 0 (acres) W19.2 (Wetland W14) 0.12 (acres) 0 (acres) W19.3 (Wetland HDR WF) 0.15 (acres) 0 (acres) W20.1 (Wetland W28) 0.78 (acres) 0 (acres) W20.2 (Wetland W32) 0.19 (acres) 0 (acres) W20.3 (Wetland HDR WE) 1.84 (acres) 0 (acres) W23.1 (Wetland WW) 0.15 (acres) 0 (acres) Total: 9.31 (acres) 0 (acres) D_E NORTH CAROLINA �/ Department of Environmental Duali North Carolina Department of Environmental Quality Division of Water Resources 512 North Salisbury Street 11650 Mail Service Center I Raleigh, North Carolina 27699-1650 919.707.9000 Greensboro Randolph Megasite Foundation, Inc. D W R# 20171559 V3 Individual Certification #WQC004625 Page 7 of 17 Open Waters P5.1 (Pond P6) 0.17 (acres) 0 (acres) P5.2 (Pond P7) 1.39 (acres) 0 (acres) P5.3 (Pond P8) 0.02 (acres) 0 (acres) P5.4 (Pond P2) 1.35 (acres) 0 (acres) P5.5 (Pond P5) 0.09 (acres) 0 (acres) P6.1 (Pond P10) 2.02 (acres) 0 (acres) P7.1 (Pond P11) 0.17 (acres) 0 (acres) P7.2 (Pond P12) 0.69 (acres) 0 (acres) P9.1 (Pond P8) 0.42 (acres) 0 (acres) P11.1 (Pond P11) 0.05 (acres) 0 (acres) P13.1 (Pond P9) 0.20 (acres) 0 (acres) P14.1 (Pond P13) 3.77 (acres) 0 (acres) P16.1 (Pond PC) 0.81 (acres) 0 (acres) P17.1 (Pond P16) 0.39 (acres) 0 (acres) P17.2 (Pond P17) 1.37 (acres) 0 (acres) P18.1 (Pond P13) 1.88 (acres) 0 (acres) P18.2 (Pond P15) 6.32 (acres) 0 (acres) P18.3 (Pond P14) 1.21 (acres) 0 (acres) Total: 22.32 (acres) 0 (acres) Duke Energy Improvements: Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary 404/401 Wetlands WP6.1 (Wetland WA) 0 (acres) 0.04 (acres) WP9.1 (Wetland WB) 0 (acres) 0.02 (acres) WP10.1 (Wetland WG) 0 (acres) 0.02 (acres) WP11.1 (Wetland WF) 0 (acres) 0.01 (acres) WP11.2 (Wetland WC) 0 (acres) 0.01 (acres) WP12.1 (Wetland WH) 0 (acres) 0.01 (acres) WP13.1 (Wetland WI) 0 (acres) 0.01 (acres) WP22.1 (Wetland W39) 0 (acres) 0.08 (acres) Total: 0 (acres) 0.20 (acres) NCDOT Transportation Improvements: Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Stream ST2.1 (Stream SE) 32 (linear feet) 0 (linear feet) ST4.1 (Stream SE) 584 (linear feet) 0 (linear feet) ST4.2 (Stream SE1) 170 (linear feet) 0 (linear feet) ST4.3 (Stream SW) 727 (linear feet) 0 (linear feet) �D_E NORTH CAROLINA Department at Environmental Uuellry North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11650 Mail Service Center I Raleigh, North Carolina 27699-1650 919.707.9000 Greensboro Randolph Megasite Foundation, Inc. DWR# 20171559 V3 Individual Certification #WQC004625 Page 8 of 17 ST5.1 (Stream SJ) 210 (linear feet) 0 (linear feet) ST5.2 (Stream SK) 395 (linear feet) 0 (linear feet) ST6.2 (Stream SE) 21 (linear feet) 0 (linear feet) ST6.3 (Stream SE) 8 (linear feet) 0 (linear feet) ST7.1 (Stream S17) 309 (linear feet) 0 (linear feet) ST8.1 (Stream HDR S6) 469 (linear feet) 0 (linear feet) ST9.1 (Stream SX) 416 (linear feet) 0 (linear feet) ST9.2 (Stream SQ) 391 (linear feet) 0 (linear feet) ST9.3 (Stream SS) 168 (linear feet) 0 (linear feet) Total: 3,900 (linear feet) 0 (linear feet) 404/401 Wetlands WT2.1 (Wetland WB) 0.018 (acres) 0 (acres) WT4.1 (Wetland WO) 0.0004 (acres) 0 (acres) WT5.1 (Wetland WD) 0.03 (acres) 0 (acres) WT8.1 (Wetland WH) 0.0004 (acres) 0 (acres) WT8.2 (Wetland HDR WC) 0.003 (acres) 0 (acres) WT9.1 (Wetland WSA) 0.035 (acres) 0 (acres) WT9.2 (Wetland WS) 0.014 (acres) 0 (acres) WT9.3 (Wetland WK) 0.168 (acres) 0 (acres) WT9.4 (Wetland WBN) 0.066 (acres) 0 (acres) Total: 0.335 (acres) 0 (acres) Open Waters PT9.1 (Pond PB) 0.38 (acres) 0 (acres) Total: 0.38 (acres) 0 (acres) Water & Sewer Improvements: Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Stream SS5.1 (Stream S-A-190-4) 20 (linear feet) 20 (linear feet) SS5.2 (Stream S-A-190-4) 20 (linear feet) 20 (linear feet) SS5.3 (Stream S-A-190-2) 21 (linear feet) 21 (linear feet) SS5.4 (Stream S-A-190-1) 20 (linear feet) 20 (linear feet) SS7.1 (Stream S-A-183-2) 32 (linear feet) 21 (linear feet) SS7.2 (Stream S-A-183-3) 21 (linear feet) 25 (linear feet) SS8.1 (Stream S-C-183-1) 0 (linear feet) 41 (linear feet) SS8.2 (Stream S-D-183-4) 21 (linear feet) 22 (linear feet) SS10.1 (Stream S-D-183-2) 13 (linear feet) 0 (linear feet) SS13.1 (Stream S-B-182-4) 0 (linear feet) 43 (linear feet) SS13.2 (Stream S-E-182-3) 25 (linear feet) 20 (linear feet) SS14.1 (Stream S-E-182-1) 0 (linear feet) 38 (linear feet) Total: 193 (linear feet 291 (linear feet) 404/401 Wetlands WS5.1 (Wetland W-A-190-1) 0 (acres) 0.11 (acres) D_E NORTH CAROLINA �/ Department of Environmental Duali North Carolina Department of Environmental Quality Division of Water Resources 512 North Salisbury Street 11650 Mail Service Center I Raleigh, North Carolina 27699-1650 919.707.9000 Greensboro Randolph Megasite Foundation, Inc. DWR# 20171559 V3 Individual Certification #WQC004625 Page 9 of 17 WS6.1 (Wetland W-B-181-6) 0 (acres) 0.07 (acres) WS6.2 (Wetland W-B-181-6) 0 (acres) 0.05 (acres) WS8.1 (Wetland W-C-183-3) 0 (acres) 0.01 (acres) WS9.1 (Wetland W-D-182-2) 0 (acres) 0.07 (acres) WS9.2 (Wetland W-E-182-3) 0 (acres) 0.08 (acres) WS9.3 (Wetland W-B-183-1) 0 (acres) 0.01 (acres) WS10.1 (Wetland W-B-183-2) 0 (acres) 0.01 (acres) WS10.2 (Wetland W-D-183-2) 0 (acres) 0.01 (acres) WS11.1 (Wetland W-D-182-4) 0 (acres) 0.01 (acres) WS12.1 (Wetland W-A-182-5) 0 (acres) 0.01 (acres) WS12.2 (Wetland W-A-182-2) 0 (acres) 0.01 (acres) WS13.1 (Wetland W-C-182-2) 0 (acres) 0.01 (acres) WS14.1 (Wetland W-E-182-2) 0 (acres) 0.02 (acres) WS15.1 (Wetland W-E-182-1) 0 (acres) 0.04 (acres) Total: 0 (acres) 0.52 (acres) This approval requires you to follow the conditions listed in the certification below. CONDITIONS OF CERTIFICATION [15A NCAC 02H .0507(c)]: 1. Mitigation must be provided for the proposed impacts as specified in the table below. The Division has received an acceptance letter from the NC Division of Mitigation Services (DMS) to meet this mitigation requirement. Until the DMS receives and clears the payment as outlined in the acceptance letter dated February 1, 2022, and proof of payment has been provided to this Office, no impacts specified in this Authorization Certificate shall occur. For accounting purposes, this Authorization Certificate authorizes payment to the DMS to meet the following compensatory mitigation requirements: Compensatory Mitigation Required River and Sub -basin Number Wetland 9.641 (acres) Cape Fear 03030003 Stream 39,229 (linear feet) Cape Fear 03030003 Citation: 15A NCAC 02H .0506(c); 15A NCAC 02H .0507(c) 2. The Permittee shall notify the Division of any additional impacts to streams, open waters, regulated buffers, and/or wetlands as a result of future roads, buildings, driveways, utility lines or other development related activities associated with this project. These impacts may be considered cumulative to impacts approved in this Certification and may require a modification of this 401 Water Quality Certification approval. Citation: 15A NCAC 02H .0502(a); 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) 3. All final construction plans for the Toyota Battery Manufacturing Facility Site must include or reference the application and plans approved by the Division under this Certification. The Permittee shall evaluate that the final construction plans are consistent with all impacts approved herein. The Permittee shall evaluate all other plans and permits associated with the proposed project such as, but not limited to, Sediment and Erosion Control, Floodplain, NPDES stormwater, to ensure consistency D_E NORTH CAROLINA �/ Department of Environmental Duali North Carolina Department of Environmental Quality Division of Water Resources 512 North Salisbury Street 11650 Mail Service Center I Raleigh, North Carolina 27699-1650 919.707.9000 Greensboro Randolph Megasite Foundation, Inc. DWR# 20171559 V3 Individual Certification #WQC004625 Page 10 of 17 with the plans and impacts approved in the Certification. If any additional direct or indirect, stream, wetland, or open water impacts result from final Stormwater Management Plan (SMP) review and approval the Permittee shall submit an application to modify the 401 Certification to account for the additional impacts. Any such impact will be considered cumulative to the project. Citation: 15A NCAC 02H .0502(a); 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) 4. By December 31, 2022, the Permittee shall provide the Division with a confirmation of, or an updated Overall Site Plan reflecting changes to, ,the portions of the Site Plan identified as "In Planning Phase/Approval Process." Citation: 15A NCAC 02H .0502(a); 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) 5. The Division has received and reviewed a preliminary stormwater management plan for the Toyota Battery Manufacturing Facility Site (consisting of two dry ponds to provide retention for the 100- year storm and three wet ponds to provide the required retention and water quality control). By April 30, 2022, a complete and final Stormwater Management Plan (SMP) that complies with the requirements of the State Stormwater Program including all appropriate supplemental forms, O&M agreements, calculations, and final site -specific drawings that depict actual designed details, dimensions, and elevations of the stormwater control measures, etc., shall be submitted to the Division's 401 & Buffer Permitting Branch for review and approval. Any future SMP approval issued by the Division under separate cover, including any additional requirements and conditions set forth in such approval, are incorporated by reference as part of this Water Quality Certification. The Division approved SMP shall be constructed and operational before any permanent building or other permanent structure is occupied at the site. If any of the SCMs are used as an Erosion and Sediment Control device, it must be restored to the approved stormwater design condition within 30 days of close-out of the Erosion and Sediment Control Plan. If any additional direct, or indirect, stream, wetland, or open water impacts result from final SMP review and approval the Permittee shall submit an application to modify the 401 certification to account for the additional impacts. Any such impact will be considered cumulative to the project. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 6. To maintain hydrology to downstream surface waters, the Permittee shall install an underdrain drainage system as depicted in the Stormwater Management Plan dated November 15, 2021. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 28 .0211(2) 7. For all pond draining activities the Permittee shall ensure that proper measures are taken to drain the pond with limited impact to upstream and downstream channel stability as well as to native aquatic species. Proper measures will be taken to avoid sediment release and/or sediment accumulation downstream as a result of pond draining. If typical pond draining techniques will create significant disturbance to native aquatic species, additional measures such as collection and relocation or disposal of those native aquatic species may be necessary. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 28 .0211(2) 8. The Permittee shall stake the limits of disturbance at the access road impact site — S27.1 and conduct a preconstruction meeting with DWR prior to disturbance of the access road impact area. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11650 Mail Service Center I Raleigh, North Carolina 27699-1650 919.707.9000 NORTH CAROLINA Department at Environmental Uuellry Greensboro Randolph Megasite Foundation, Inc. D W R# 20171559 V3 Individual Certification #WQC004625 Page 11 of 17 9. The Permittee shall cause adherence to the Residential Well Sampling and Complaint Resolution Plan revised January 30, 2022. Should post -construction testing indicate that a well has been impacted by the construction, the Permittee shall cause the implementation of an adequate resolution for the affected users in accordance with the Residential Well Sampling and Complaint Resolution Plan. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) 10. When final design plans are completed for the transportation improvements, a modification to this Certification shall be submitted to the Division. Final designs shall reflect all appropriate avoidance, minimization, and mitigation for impacts to wetlands, streams, and other surface waters and shall include an appropriate final Stormwater Management Plan. No construction activities (including temporary impacts) that impact any wetlands, streams, or surface waters identified as part of the transportation improvements for this project shall begin until after a written modification of this Certification has been issued by the Division. Citation: 15A NCAC 02H .0502(a); 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) 11. All final construction plans for the water and sewer utility corridors site must include or reference the application and plans approved by the Division under this Certification. The Permittee shall ensure that the final construction plans are consistent with all impacts approved herein. Citation: 15A NCAC 02H .0502(a); 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) 12. All utility activities approved by this Certification and within the Jordan Lake Watershed shall comply with the exempt criteria and limitations as established in the Jordan Lake Riparian Buffer Rules - 15A NCAC 2B .0267(9) and (10). 13. All sewer lines shall be designed, constructed and maintained in accordance with Title 15A NCAC Chapter 02T, applicable Minimum Design Criteria (MDC), and/or Alternative Design Criteria. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) 14. Any utility construction corridor that is parallel to a stream or open water shall not be closer than 10 feet to the top of bank or ordinary high-water mark. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) 15. For all utility lines where there are temporary or permanent impacts from stream crossings the utility lines shall cross the stream channel at a near -perpendicular direction (i.e., between 75 degrees and 105 degrees to the stream bank). Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) 16. For all utility lines the construction corridors in wetlands and/or across stream channels shall be minimized to the maximum extent practicable and shall not exceed 40 feet wide. For construction corridors for utility lines in wetlands and across stream channels, stumps shall be grubbed only as needed to install the utility, and remaining stumps shall be cut off at grade level. The general stripping of topsoil within wetlands along the construction corridor is prohibited. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) 17. For all utility lines the 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. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11650 Mail Service Center I Raleigh, North Carolina 27699-1650 919.707.9000 NORTH CAROLINA Department at Environmental Uuellry Greensboro Randolph Megasite Foundation, Inc. DWR# 20171559 V3 Individual Certification #WQC004625 Page 12 of 17 18. For all utility lines constructed within wetlands, an anti -seep collar shall be placed at the downstream (utility line gradient) wetland boundary and every 150 feet up the gradient until the utility exits the wetland. Anti -seep collars may be constructed with class B concrete, compacted clay, PVC pipe, or metal collars. Wetland crossings that are directionally drilled, and perpendicular wetland crossings that are open cut and less than 150 feet long do not require anti -seep collars. The compacted clay shall have a specific infiltration of 1 X 10' cm/sec or less. A section and plan view diagram is attached for the anti -seep collars. The following specifications shall apply to class B concrete: i. Minimum cement content, sacks per cubic yard with rounded coarse aggregate 5.0 ii. Minimum cement content, sacks per cubic yard with angular coarse aggregate 5.5 iii. Maximum water -cement ratio gallons per sack 6.8 iv. Slump range 2" to 4" v. Minimum strength - 28-day psi 2,500 Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) 19. For all utility lines the permittee shall restore wetland contours to pre -construction conditions. Any excess material will be removed to a high ground disposal area. The mixing of topsoil and subsoils within the wetlands along utility corridors shall be minimized to the greatest extent practical. During excavation, the soils shall be placed on fabric to minimize impacts whenever possible. Topsoil excavated from utility trenches will be piled separately from subsoils and will be backfilled into the trench only after the subsoils have been placed and compacted. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) 20. All retained wetlands, streams, and surface waters located within 50 feet of the project area, including all transportation and utility project areas associated with the project shall be clearly marked (example- orange fabric fencing) prior to any land disturbing activities within 50 feet of such area and must be maintained on such property until the project phase is completed. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) 21. The permittee shall report to the DWR Winston Salem Regional Office any noncompliance with, and/or any violation of, stream or wetland standards [15A NCAC 02B .0200], including but not limited to sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the permittee became aware of the non- compliance circumstances. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) 22. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the footprint of the approved impacts (including temporary impacts). Citation: 15A NCAC 02H .0506; 15A NCAC 02H .0507(c) 23. All activities shall be in compliance with any applicable State Riparian Buffer Rules in Chapter 2B of Title 15A in the North Carolina Administrative Code. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) 24. 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). North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11650 Mail Service Center I Raleigh, North Carolina 27699-1650 919.707.9000 NORTH CAROLINA Department at Environmental Uuellry Greensboro Randolph Megasite Foundation, Inc. D W R# 20171559 V3 Individual Certification #WQC004625 Page 13 of 17 Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCACO2B .0200; 15A NCAC 02B .0231 25. Sediment and erosion control measures shall not be installed in wetland or waters except within the footprint of temporary or permanent impacts otherwise authorized by this Certification. If placed within authorized impact areas, then placement of such measures shall not be conducted in a manner that results in dis-equilibrium of any wetlands, streambeds, or streambanks. Any silt fence installed within wetlands shall be removed from wetlands and the natural grade restored within two (2) months of the date that DEMLR or locally delegated program has released the specific area within the project to ensure wetland standards are maintained upon completion of the project. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCAC 028 .0231 26. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used along streambanks or within wetlands. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) 27. The project is covered by NPDES Construction Stormwater Permit Number NCG010000 or NPDES Construction Stormwater Permit Number NCG250000. Full compliance with permit conditions including the erosion & sedimentation control plan, inspections and maintenance, self -monitoring, record keeping and reporting requirements is required. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCAC 02B .0231 28. All work in or adjacent to streams shall be conducted so that the flowing stream does not come in contact with the disturbed area. Approved best management practices from the most current version of the NC Sediment and Erosion Control Manual, or the NC Department of Transportation Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams, and other diversion structures shall be used to minimize excavation in flowing water. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200 29. Culverts shall be designed and installed in such a manner that the original stream profiles are not altered and allow for aquatic life movement during low flows. The dimension, pattern, and profile of the stream above and below a pipe or culvert shall not be modified by widening the stream channel or by reducing the depth of the stream in connection with the construction activity. The width, height, and gradient of a proposed culvert shall be such as to pass the average historical low flow and spring flow without adversely altering flow velocity. If the width of the culvert is wider than the stream channel, the culvert shall include multiple boxes/pipes, baffles, benches and/or sills to maintain the natural width of the stream channel. If multiple culverts/pipes/barrels are used, low flows shall be accommodated in one culvert/pipe and additional culverts/pipes shall be installed such that they receive only flows above bankfull. Placement of culverts and other structures in streams shall be below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20% of the culvert diameter for culverts having a diameter less than or equal to 48 inches, to allow low flow passage of water and aquatic life. If the culvert outlet is submerged within a pool or scour hole and designed to provide for aquatic passage, then culvert burial into the streambed is not required. North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11650 Mail Service Center I Raleigh, North Carolina 27699-1650 919.707.9000 NORTH CAROLINA Department at Environmental Uuellry Greensboro Randolph Megasite Foundation, Inc. DWR# 20171559 V3 Individual Certification #WQC004625 Page 14 of 17 For structures less than 72" in diameter/width, and topographic constraints indicate culvert slopes of greater than 2.5% culvert burial is not required, provided that all alternative options for flattening the slope have been investigated and aquatic life movement/connectivity has been provided when possible (e.g. rock ladders, cross -vanes, sills, baffles etc.). Notification, including supporting documentation to include a location map of the culvert, culvert profile drawings, and slope calculations, shall be provided to DWR 30 calendar days prior to the installation of the culvert. When bedrock is present in culvert locations, culvert burial is not required, provided that there is sufficient documentation of the presence of bedrock. Notification, including supporting documentation such as a location map of the culvert, geotechnical reports, photographs, etc. shall be provided to DWR a minimum of 30 calendar days prior to the installation of the culvert. If bedrock is discovered during construction, then DWR shall be notified by phone or email within 24 hours of discovery. Installation of culverts in wetlands shall ensure continuity of water movement and be designed to adequately accommodate high water or flood conditions. When roadways, causeways, or other fill projects are constructed across FEMA-designated floodways or wetlands, openings such as culverts or bridges shall be provided to maintain the natural hydrology of the system as well as prevent constriction of the floodway that may result in destabilization of streams or wetlands. The establishment of native woody vegetation and other soft stream bank stabilization techniques shall be used where practicable instead of rip -rap or other bank hardening methods. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) 30. Application of fertilizer to establish planted/seeded vegetation within disturbed riparian areas and/or wetlands shall be conducted at agronomic rates and shall comply with all other Federal, State and Local regulations. Fertilizer application shall be accomplished in a manner that minimizes the risk of contact between the fertilizer and surface waters. Citation: 15A 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCAC 02B.0231 31. If concrete is used during construction, then all necessary measures shall be taken to prevent direct contact between uncured or curing concrete and waters of the state. Water that inadvertently contacts uncured concrete shall not be discharged to waters of the state. Citation: 15A 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 028.0200; 15A NCAC 02B.0231 32. All proposed and approved temporary fill and culverts shall be removed and the impacted area shall be returned to natural conditions within 60 calendar days after the temporary impact is no longer necessary. The impacted areas shall be restored to original grade, including each stream's original cross -sectional dimensions, planform pattern, and longitudinal bed profile. All temporarily impacted sites shall be restored and stabilized with native vegetation. Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H .0507(c) 33. All proposed and approved temporary pipes/culverts/rip-rap pads etc. in streams or wetlands shall be installed as outlined in the most recent edition of the North Carolina Sediment and Erosion Control Planning and Design Manual or the North Carolina Surface Mining Manual or the North Carolina Department of Transportation Best Management Practices for Construction and Maintenance Activities so as not to restrict stream flow or cause dis-equilibrium during use of this Certification. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11650 Mail Service Center I Raleigh, North Carolina 27699-1650 919.707.9000 NORTH CAROLINA Department at Environmental Uuellry Greensboro Randolph Megasite Foundation, Inc. D W R# 20171559 V3 Individual Certification #WQC004625 Page 15 of 17 34. Any rip -rap required for proper culvert placement, stream stabilization, or restoration of temporarily disturbed areas shall be restricted to the area directly impacted by the approved construction activity. All rip -rap shall be placed such that the original streambed elevation and streambank contours are restored and maintained and shall consist of clean rock or masonry material free of debris or toxic pollutants. Placement of rip -rap or other approved materials shall not result in de- stabilization of the stream bed or banks upstream or downstream of the area or be installed in a manner that precludes aquatic life passage. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) 35. Any rip -rap used for stream or shoreline stabilization shall be of a size and density to prevent movement by wave, current action, or stream flows, and shall consist of clean rock or masonry material free of debris or toxic pollutants. Rip -rap shall not be installed in the streambed except in specific areas required for velocity control and to ensure structural integrity of bank stabilization measures. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0201 36. All mechanized equipment operated near surface waters shall be inspected and maintained regularly to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids, or other toxic materials. Construction shall be staged in order to minimize the exposure of equipment to surface waters to the maximum extent practicable. Fueling, lubrication, and general equipment maintenance shall be performed in a manner to prevent, to the maximum extent practicable, contamination of surface waters by fuels and oils. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCAC 02B .0231 37. Heavy equipment working in wetlands shall be placed on mats or other measures shall be taken to minimize soil disturbance and compaction. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0231 38. In accordance with 143-215.85(b), the permittee shall report any petroleum spill of 25 gallons or more; any spill regardless of amount that causes a sheen on surface waters; any petroleum spill regardless of amount occurring within 100 feet of surface waters; and any petroleum spill less than 25 gallons that cannot be cleaned up within 24 hours. Citation: 15A NCAC 02H .0507(c); N. C. G.S 143-215.85(b) 39. The permittee and their authorized agents shall conduct all activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act), and any other applicable water quality requirements of State and Federal Law. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) 40. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this Certification in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this Water Quality Certification. A copy of this Water Quality Certification shall be available at the project site during the construction and maintenance of this project. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11650 Mail Service Center I Raleigh, North Carolina 27699-1650 919.707.9000 NORTH CAROLINA Department at Environmental Uuellry Greensboro Randolph Megasite Foundation, Inc. D W R# 20171559 V3 Individual Certification #WQC004625 Page 16 of 17 This approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404. The conditions in effect on the date of issuance shall remain in effect for the life of the project, regardless of the expiration date of this Certification. [15A NCAC 02H .0507(c)] PAW/SLH WQC004625 This, the 1st day of February 2022 S. Daniel Smith, Director North Carolina Division of Water Resources North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11650 Mail Service Center I Raleigh, North Carolina 27699-1650 919.707.9000 NORTH CAROLINA Department at Environmental Uueiiry Greensboro Randolph Megasite Foundation, Inc. DWR# 20171559 V3 Individual Certification #WQC004625 Page 17 of 17 ANTI -SEEP COLLAR 1 foot L.� l f 6 inches 6 inches Not tI13nches rench Width Utility Line (Diameter Varies) Class B Concrete to exceed 40 feet SECTION PLAN or Compacted Clay 6 inches Class B Concrete or Compacted Clay `fi inches 12 inches North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11650 Mail Service Center I Raleigh, North Carolina 27699-1650 919.707.9000 NORTH CAROLINA Department at Environmental Uueiiry