HomeMy WebLinkAbout20220596 Ver 1_Isolated Approval Letter_20220616ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
June 16, 2022
DWR #22-0596
Mecklenburg County
Pulte Home Company, LLC
Attn: Jeremy Huntsman
11121 Caramel Commons Blvd.
Suite 450
Charlotte, NC 28226
sent via email to: leremy.Huntsman@pultegroup.com
Subject: Approval of Isolated Wetlands and Isolated Classified Surface Waters Individual Permit
Parkside Crossing Project
Dear Mr. Huntsman:
Attached hereto is a copy of Permit No. WQC004946 issued to Jeremy Huntsman and Pulte Home
Company, LLC, dated June 16, 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 Permit. 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 Permit and is responsible for complying with all conditions. [15A NCAC 02H
.1304(d)(2)].
This Water Quality Permit 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
Trout Buffer regulations.
This Water Quality Permit 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 Permit 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
Permit 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 Permit 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.
Upon the presentation of proper credentials, the Division may inspect the property.
Pulte Home Company, LLC
DWR# 20220596
Page 2 of 11
This Water Quality Permit shall expire five (5) years from the date of this letter / when the
corresponding 401 Water Quality Certification Approval DWR#20220596 expires. The conditions shall
remain in effect for the life of the project, regardless of the expiration date of this Water Quality Permit.
Non-compliance with or violation of the conditions herein set forth may result in revocation of this
Water Quality Permit 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 Permit you must notify the
Mooresville 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 Mooresville 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 Permit 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
http://www.ncoah.com/ 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
Permit in accordance with N.C.G.S 150B-23(a).
This letter completes the Division's review 15A NCAC 02H .1400. Please contact Doug Perez at (704) 743
— 6872 or doug.perez@ncdenr.gov if you have any questions or concerns.
Sincerely,
DocuSigned by:
44.0141w H P444.4
�F161FB69A2D84A3...
for
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office, DEQ
Electronic cc: Perry Isner, Wetlands & Waters, perrvisner@wetlands-waters.com
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North Carolina Department of Environmental Quality f Division of Water Resources
512 North Salisbury Street 11650 Mail Service Center I Raleigh, North Carolina 27699-1650
919,707.9000
Pulte Home Company, LLC
DWR# 20220596
Page 3 of 11
Scott Jones, USACE Regulatory Field Office, scott.jones@usace.army.mil
Todd Bowers, EPA, Bowers.todd@Epa.gov
Ron Eubanks, Mecklenburg County, perry.eubanks@mecklenburgcountync.gov
DWR 401 & Buffer Permitting Branch Electronic file
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North Carolina Department of Environmental Quality f Division of Water Resources
512 North Salisbury Street 11650 Mail Service Center I Raleigh, North Carolina 27699-1650
919,707.9000
Pulte Home Company, LLC
DWR# 20220596
Page 4 of 11
NORTH CAROLINA ISOLATED NON -JURISDICTIONAL WETLANDS and
ISOLATED CLASSIFIED SURFACE WATERS INDIVIDUAL PERMIT
PERMIT #WQC004946 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 .1300 and
15A NCAC 02B .0200, to Jeremy Huntsman and Pulte Home Company, LLC, who have authorization for the
impacts listed below, as described within your application received by the N.C. Division of Water
Resources (Division) on April 22, 2022, and subsequent information on June 1, 2022, and by Public Notice
issued by the Division on April 22, 2022.
The following impacts are hereby approved. No other impacts are approved, including incidental
impacts. [15A NCAC 02H .1305(b)]
Type of Impact
Amount Approved (units)
Permanent
Amount Approved (units)
Temporary
Wetlands - BHF
Fill
0.11 (acres)
0 (acres)
This approval requires you to follow the conditions listed in the permit below.
CONDITIONS OF PERMIT [15A NCAC 02H .1304(c)]:
1. Stormwater Management: The applicant may provide documentation that the project will not impair
water quality to the receiving stream(s) from stormwater runoff or provide an approved stormwater
management plan. Any high density project and/or project that exceeds density thresholds must
provide a stormwater management plan for the entire project, for review and approval including all
forms and pertinent items that complies with the high density development requirements. Low
density development shall meet all condition for stormwater management required by the state and
be reviewed if required. The plan may be approved by the Division, State Stormwater Program or a
local delegated authority. The plan shall consider the impact of the volume and velocity of discharge
and runoff to the receiving stream and adjacent riparian areas to prevent scouring and erosions of
the features. Citation: 15A NCAC 02U .1017, 15A NAC 02H .1003 (2)(a), 15 NCAC 02B .0614 (8), 15A
NCAC 02B .0607(h)
Justification: In order to protect against impairment of water quality standards and best usage of
receiving and downstream waters, water quality based management practices must be employed to
protect against direct or indirect discharge of waste or other sources of water pollution. Surface water
quality standards require that conditions of waters be suitable for all best uses provided for in state
rule (including, at minimum: aquatic life propagation, survival, and maintenance of biological
integrity, wildlife, secondary contact recreation, agriculture) and that activities must not cause water
pollution that precludes any best use on a short-term or long-term basis. In determining that the
proposed activity will comply with state water quality standards (including designated uses, numeric
criteria, narrative criteria and the state's antidegradation policy), the Division must evaluate if the
activity has avoided and minimized impacts to waters, would cause or contribute to a violation of
standards, or would result in secondary or cumulative impacts.
2. Diversion Ditches and other storm water conveyances as related to the sediment and erosion control
measures shall be matted and/or stabilized to reduce sediment loss and turbidity. This includes
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North Carolina Department of Environmental Quality 1 Division of Water Resources
512 North Salisbury Street 11650 Mail Service Center I Raleigh, North Carolina 27699-1650
919,707.9000
Pulte Home Company, LLC
DWR# 20220596
Page 5 of 11
interior/exterior slopes of sediment basins. Citation: 15A NCAC 02H .0506 (b)(3) and (c)(3)
Justification: Failure to reduce erosion of runoff conveyances and to provide for maximum reduction
of erosion on areas not related to ongoing construction, shortens basin holding times, increases
turbidity of discharge and creates a greater potential of bypass discharge.
3. Bare/fill slopes in excess of 10 feet in height and within 30 feet of surface waters shall be matted.
Citation: 15A NCAC 02H .0506 (b)(1) and 15A NCAC 02H .502 (c)
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. In determining that the proposed activity will
comply with state water quality standards (including designated uses, numeric criteria, narrative
criteria and the state's antidegradation policy), the Division must evaluate if the activity has avoided
and minimized impacts to waters, would cause or contribute to a violation of standards or would
result in secondary or cumulative impacts
4. The construction of the new sewer line in/through undeveloped area may result/encourage
development along the construction corridor. Development of these parcels may impact additional
waters and cause violations of downstream water quality standards. The secondary/cumulative
impacts associated with this project must be adequately addressed by the applicant for any
development/project defined in 15A NCAC 02H.1003) associated with this sewer system. Any storm
water facilities, at minimum, must be designed to meet state guidelines or document that the project
will not impact water quality. Citation: 15A NCAC 02H .0506(b)(1)
Justification: In order to protect against impairment of water quality standards and best usage of
receiving and downstream waters, water quality based management practices must be employed to
protect against direct or indirect discharge of waste or other sources of water pollution. In
determining that the proposed activity will comply with state water quality standards (including
designated uses, numeric criteria, narrative criteria and the state's antidegradation policy), the
Division must evaluate lithe activity has avoided and minimized impacts to waters, would cause or
contribute to a violation of standards or would result in secondary or cumulative impacts.
5. The plans and specifications for the project are incorporated into the Permit by reference and are an
enforceable part of the Permit. Any modifications to the project requires notification to the Division
and may require submittal of an application for a modification to the Division with the appropriate
fee. Citation: 15A NCAC 02H .1301; 15A NCAC 02H .1302
6. If this Permit is used to access residential, commercial or industrial building sites, then all parcels
owned by the permittee that are part of the single and complete project authorized by this Permit
must be buildable without additional impacts to streams or wetlands. Citation: 15A NCAC
02H .1302(a); 15A NCAC 02H .1305(b); 15A NCAC 02H .1304(c)
7. For road construction purposes, this Permit shall only be utilized from natural high ground to natural
high ground. Citation: 15A NCAC 02H .1302(a); 15A NCAC 02H .1305(b); 15A NCAC 02H .1304(c)
S. Deed notifications or similar mechanisms shall be placed on all lots/parcels with retained wetlands,
waters, and state regulated riparian buffers within the project boundaries in order to assure
compliance with NC Water Quality Certification Rules (15A NCAC 02H .0500), NC Isolated Wetland
Rules (15A NCAC 02H .1300), Federally Non -Jurisdictional Wetland Rules (15A NCAC 02H .1400) and/or
State Regulated Riparian Buffer Rules (15A NCAC 02B .0200). These mechanisms shall be put in place
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North Carolina Department of Environmental Quality 1 Division of Water Resources
512 North Salisbury Street 11650 Mail Service Center I Raleigh, North Carolina 27699-1650
919,707.9000
Pulte Home Company, LLC
DWR# 20220596
Page 6 of 11
at the time of recording of the property or individual parcels, whichever is appropriate. Citation: 15A
NCAC 02H .1302(a); 15A NCAC 02H .1305(b); 15A NCAC 02H .1304(c)
9. If this Permit is used for utility related impacts, then the following Conditions shall apply to those
impacts.
a. All sewer lines shall be designed, constructed and maintained in accordance with Title 15A NCAC
Chapter 02T, applicable Minimum Design Criteria (MDC), and/or Alternative Design Criteria.
Citation: 15A NCAC 02H .1305(b); 15A NCAC 02H .1304(c)
b. Any utility construction corridor that is parallel to a stream or open water shall not be closer than
10 feet to the top of bank or ordinary high-water mark. Citation: 15A NCAC 02H .1305(b); 15A
NCAC 02H .1304(c)
c. Where there are temporary or permanent impacts from stream crossings, utility lines shall cross
the stream channel at a perpendicular angle (i.e., intersect the surface water at an angle between
75 degrees and 105 degrees). Citation: 15A NCAC 02H .1305(b); 15A NCAC 02H .1304(c)
d. Construction corridors in wetlands and/or across stream channels shall be minimized to the
maximum extent practicable and shall not exceed 50 feet wide for oil and gas utility lines and 40
feet wide for all other utility lines.
For construction corridors in wetlands and across stream channels, stumps shall be grubbed
only as needed to install the utility and remaining stumps shall be cut off at grade level. The
general stripping of topsoil within wetlands along the construction corridor is prohibited.
Citation: 15A NCAC 02H .1305(b); 15A NCAC 02H .1304(c)
e. Permanent maintained access corridors in wetlands and across stream channels shall be restricted
to the minimum width practicable and shall not exceed 30 feet wide except at manhole locations.
Citation: 15A NCAC 02H .1305(b); 15A NCAC 02H .1304(c)
f. For all utility lines constructed within wetlands, an anti -seep collar shall be placed at the
downstream (utility line gradient) wetland boundary and every 150 feet up the gradient until the
utility exits the wetland. Anti -seep collars may be constructed with class B concrete, compacted
clay, PVC pipe, or metal collars. Wetland crossings that are directionally drilled, and perpendicular
wetland crossings that are open cut and less than 150 feet long do not require anti -seep collars.
The compacted clay shall have a specific infiltration of 1 X 10-5 cm/sec or less. Citation: 15A NCAC
02H .1305(b); 15A NCAC 02H .1304(c)
The following specifications shall apply to class B concrete:
i. Minimum cement content, sacks per cubic yard with rounded coarse aggregate 5.0
ii. Minimum cement content, sacks per cubic yard with angular coarse aggregate 5.5
iii. Maximum water -cement ratio gallons per sack 6.8
iv. Slump range 2" to 4"
v. Minimum strength - 28-day psi 2,500
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North Carolina Department of Environmental Quality f Division of Water Resources
512 North Salisbury Street 11650 Mail Service Center I Raleigh, North Carolina 27699-1650
919,707.9000
g.
Pulte Home Company, LLC
DWR# 20220596
Page 7 of 11
The permittee shall have a specific plan for restoring wetland contours to pre -construction
conditions. Any excess material shall 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 must be piled
separately from subsoils and shall be backfilled into the trench only after the subsoils have been
placed and compacted. Citation: 15A NCAC 02H .1305(b); 15A NCAC 02H .1304(c)
10. The permittee shall report to the Mooresville 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 .1305(b); 15A NCAC 02H .1304(c)
11. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the footprint of the
impacts (including temporary impacts) established in this Permit. Citation: 15A NCAC 02H .1305; 15A
NCAC 02H .1304(c)
12. 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 .1305(b); 15A NCAC
02H .1304(c)
13. When applicable, all construction activities shall be performed and maintained in full compliance with
G.S. Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973). Regardless of applicability of
the Sediment and Pollution Control Act, all projects shall incorporate appropriate Best Management
Practices for the control of sediment and erosion so that no violations of state water quality
standards, statutes, or rules occur.
Design, installation, operation, and maintenance of all sediment and erosion control measures shall
be equal to or exceed the requirements specified in the most recent version of the North Carolina
Sediment and Erosion Control Manual, or for linear transportation projects, the North Caroline
Department of Transportation Sediment and Erosion Control Manual.
All devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) sites,
including contractor -owned or leased borrow pits associated with the project. Sufficient materials
required for stabilization and/or repair of erosion control measures and stormwater routing and
treatment shall be on site at all times.
For borrow pit sites, the erosion and sediment control measures shall be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina Surface
Mining Manual. Reclamation measures and implementation shall comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act and the Mining Act of
1971.
If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs), SA, WS-I,
WS-II, High Quality Waters (HQW), or Outstanding Resource Waters (ORW), then the sedimentation
and erosion control designs shall comply with the requirements set forth in 15A NCAC 04B .0124,
Design Standards in Sensitive Watersheds. Citation: 15A NCAC 02H .1305(b)(2); 15A NCAC
02H .1304(c); 15A NCAC 02B .0200; 15A NCAC 02B .0231
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North Carolina Department of Environmental Quality f Division of Water Resources
512 North Salisbury Street 11650 Mail Service Center I Raleigh, North Carolina 27699-1650
919,707.9000
Pulte Home Company, LLC
DWR# 20220596
Page 8 of 11
14. 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 Permit. 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 .1305(b); 15A NCAC 02H .1304(c); 15A NCAC 02B .0200; 15A NCAC 02B .0231
15. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used along
streambanks or within wetlands. Citation: 15A NCAC 02H .1305(b); 15A NCAC 02H .1304(c)
16. If the project is covered by NPDES Construction Stormwater Permit Number NCG010000 or NPDES
Construction Stormwater Permit Number NCG250000, full compliance with permit conditions
including the erosion & sedimentation control plan, inspections and maintenance, self -monitoring,
record keeping and reporting requirements is required. The North Carolina Department of
Transportation (NCDOT) shall be required to be in full compliance with the conditions related to
construction activities within the most recent version of their Individual NPDES Stormwater Permit
Number NCS000250. Citation: 15A NCAC 02H .1305(b); 15A NCAC 02H .1304(c); 15A NCAC 02B .0200;
15A NCAC 02B .0231
17. 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 .1305(b); 15A NCAC 02H .1304(c); 15A NCAC 02B .0200
18. If activities must occur during periods of high biological activity (e.g. sea turtle nesting, fish spawning,
or bird nesting), then biological monitoring may be required at the request of other state or federal
agencies and coordinated with these activities.
All moratoriums on construction activities established by the NC Wildlife Resources Commission
(WRC), US Fish and Wildlife Service (USFWS), NC Division of Marine Fisheries (DMF), or National
Marine Fisheries Service (NMFS) shall be implemented. Exceptions to this condition require written
approval by the resource agency responsible for the given moratorium.
Work within a designated trout watershed of North Carolina (as identified by the Wilmington
District of the US Army Corps of Engineers,) or identified state or federal endangered or threatened
species habitat, shall be coordinated with the appropriate WRC, USFWS, NMFS, and/or DMF
personnel. Citation: 15A NCAC 02H .1305(b); 15A NCAC 02H .1304(c); 15A NCAC 04B .0125
19. In -stream structures installed to mimic natural channel geomorphology such as cross -vanes, sills, step -
pool structures, etc. shall be designed and installed in such a manner that allow for continued aquatic
life movement. Citation: 15A NCAC 02H .1305(b); 15A NCAC 02H .1304(c)
20. 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,
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North Carolina Department of Environmental Quality 1 Division of Water Resources
512 North Salisbury Street 11650 Mail Service Center I Raleigh, North Carolina 27699-1650
919,707.9000
Pulte Home Company, LLC
DWR# 20220596
Page 9 of 11
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 for low flow passage of water
and aquatic life. If the culvert outlet is submerged within a pool or scour hole and designed to
provide for aquatic passage, then culvert burial into the streambed is not required.
For structures less than 72" in diameter/width and in area where topographic constraints dictate
culvert slopes will be 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 the Division 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 the Division a minimum of 30 calendar days prior to the installation of the culvert. If
bedrock is discovered during construction, then the Division 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 .1305(b); 15A NCAC 02H .1304(c)
21. Bridge deck drains shall not discharge directly into the stream. Stormwater shall be directed across
the bridge and pre-treated through site -appropriate means to the maximum extent practicable (e.g.
grassed swales, pre -formed scour holes, vegetated buffers, etc.) before entering the stream. Citation:
15A NCAC 02H .1305(b); 15A NCAC 02H .1304(c)
22. 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 .1305(b); 15A NCAC
02H .1304(c); 15A NCAC 02B .0231; 15A NCAC 02B .0211
23. If concrete is used during construction, then all necessary measures shall be taken to prevent direct
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North Carolina Department of Environmental Quality 1 Division of Water Resources
512 North Salisbury Street 11650 Mail Service Center I Raleigh, North Carolina 27699-1650
919,707.9000
Pulte Home Company, LLC
DWR# 20220596
Page 10 of 11
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 .1305(b);
15A NCAC 02H .1304(c); 15A NCAC 02B .0200
24. 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 .1305(b); 15A
NCAC 02H .1304(c)
25. All proposed and approved temporary pipes/culverts/rip-rap pads etc. in streams shall be installed as
outlined in the most recent edition of the North Carolina Sediment and Erosion Control Planning and
Design Manual or the North Carolina Surface Mining Manual or the North Carolina Department of
Transportation Best Management Practices for Construction and Maintenance Activities so as not to
restrict stream flow or cause dis-equilibrium. Citation: 15A NCAC 02H .1305(b); 15A NCAC
02H .1304(c)
26. 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 .1305(b); 15A NCAC 02H .1304(c)
27. 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 .1305(b); 15A NCAC 02H .1304(c); 15A NCAC 02B .0201
28. Rip -rap groins proposed in accordance with 15A NCAC 07H .1301 (NC Division of Coastal Management
General Permit for construction of Groins in Estuarine and Public Trust Waters and Ocean Hazard
Areas) shall meet all the specific conditions for design and construction specified in 15A NCAC
07H .1305. Citation: 15A NCAC 02H .1304(c); 15A NCAC 07H .1400 et seq.
29. 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 .1305(b); 15A NCAC 02H .1304(c); 15A NCAC
02B .0200
30. 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 .1305(b); 15A NCAC 02H .1304(c);
15A NCAC 02B .0231
31. In accordance with G. S. 143-215.85(b), the permittee shall report any petroleum spill of 25 gallons or
Na D_E _
OepaRbnenl of Lwmmnmvi ouaury
North Carolina Department of Environmental Quality 1 Division of Water Resources
512 North Salisbury Street 11650 Mail Service Center I Raleigh, North Carolina 27699-1650
919,707.9000
Pulte Home Company, LLC
DWR# 20220596
Page 11 of 11
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 .1304(c); N.C.G.S 143-
215.85(b)
32. The permittee and their authorized agents shall conduct all activities in a manner consistent with State
water quality standards (including any requirements resulting from compliance with §303(d) of the
Clean Water Act), and any other appropriate requirements of State and Federal Law. Citation: 15A
NCAC 02H .1305(b); 15A NCAC 02H .1304(c)
33. 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 Permit. A copy of this Permit shall be available at the project site during the construction and
maintenance of this project. Citation: 15A NCAC 02H .1305(b); 15A NCAC 02H .1304(c)
34. This Permit grants permission to the Director, an authorized representative of the Director, or the
Division staff, upon the presentation of proper credentials, to enter the property during normal
business hours. Citation: G.S. 143-215.3(a)(2)
N D_E
Department of Envlronmenlal Dually
This, the 16th day of June 2022
DocuSigned by:
44. t L4V H P:z44
�F161FB69A2D84A3...
for
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office, DEQ
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11650 Mail service Center Raleigh, North Carolina 27699-1650
919.707.9000