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HomeMy WebLinkAbout20110497 Ver 5_More Info Received_20221012Strickland, Bev From: Kevin Martin <kmartin@sandec.com> Sent: Wednesday, October 12, 2022 9:07 AM To: Tankard, Robert Subject: [External] Question about plan revision for SAW-2015-02056 & DWR Project # 2011-0497 v5 Wayne County Attachments: Harry Mollie -Revised ditch relocation 10-10-2022 B.pdf, DWR 401 Signed_2011-0497 v5 Southeast Investment Group (NW 39 - IC) 20210929.pdf Follow Up Flag: Follow up Flag Status: Completed CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. Robert, hope you are well, in Sept 2021 you issued the attached 401 for a non -buffered jurisdictional ditch relocation. Upon final design review, the engineer determined that Instead of draining the south side of the Ivey property (many acres) from A to B to C, they now propose flowing the south side from A to C. Too much flow was going from B to C with the old plan. The existing ditch from B to C will remain as before. The new ditch location will help split drainage flowing towards Hwy. 70. Too much drainage was being diverted into the existing ditch and they needed to split the flow for better drainage. So they now plan to relocate the ditch and tie back in differently but impacts to jurisdictional waters remain the same. The Corps has determined that a new PCN is not required and that they will just add the revised plans to their project file (see below). I just want to confirm that since the impacts remain the same, the Corps is not requiring a new PCN for a NWP39 and because there was not a buffer authorization, that DWR will not require a PCN for a new 401. If so the revised plan is attached. You can scroll down to the initial email I sent to the Corps where you can see the approved plan and the revised plan. Let me know if you have any questions, Thanks Kevin C. Martin Principal Soil & Environmental Consultants, PA North Quarter Office Park 8412 Falls of Neuse Road, Suite 104 Raleigh, NC 27615 (919) 846-5900 Office Phone (919) 846-9467 Fax (919) 270-7941 Mobile kmartin -sandec.com Visit us at SandEC.com! This electronic communication, including all attachments, is intended only for the named addressee (s) and may contain confidential information. This electronic communication may not have passed through our standard review/quality control process. Design data and recommendations included herein are provided as a matter of convenience and should not be used for final design. Rely only on final, hardcopy materials bearing the consultant's original signature and seal. If you are not the named addressee (s), any use, dissemination, distribution or copying of this communication is prohibited. If you have received this electronic communication in error, please notify the sender by return e-mail and delete the original communication from your system. Thank you 1 From: Kevin Martin Sent: Tuesday, October 11, 2022 8:32 AM To: Dailey, Samantha J CIV USARMY CESAW (USA) <Samantha.J.Dailey@usace.army.mil> Subject: RE: Question about plan revision for SAW-2015-02056 Wayne County I love people with common sense and who realize they have enough work to do already! PDF attached, justifications is that upon final design review the engineer determined that Instead of draining the south side of the Ivey property (many acres) from A to B to C, we now are flowing the south side from A to C. Too much flow was going from B to C with the old plan. The existing ditch from B to C will remain as before. The new ditch location will help split drainage flowing towards Hwy. 70. Too much drainage was being diverted into the existing ditch and we needed to split the flow for better drainage. Kevin C. Martin Principal Soil & Environmental Consultants, PA North Quarter Office Park 8412 Falls of Neuse Road, Suite 104 Raleigh, NC 27615 (919) 846-5900 Office Phone (919) 846-9467 Fax (919) 270-7941 Mobile kmartin .sandec.com Visit us at SandEC.com! This electronic communication, including all attachments, is intended only for the named addressee (s) and may contain confidential information. This electronic communication may not have passed through our standard review/quality control process. Design data and recommendations included herein are provided as a matter of convenience and should not be used for final design. Rely only on final, hardcopy materials bearing the consultant's original signature and seal. If you are not the named addressee (s), any use, dissemination, distribution or copying of this communication is prohibited. If you have received this electronic communication in error, please notify the sender by return e-mail and delete the original communication from your system. Thank you From: Dailey, Samantha J CIV USARMY CESAW (USA) [mailto:Samantha.J.Dailey@usace.army.mi1] Sent: Tuesday, October 11, 2022 8:19 AM To: Kevin Martin <kmartin@sandec.com> Subject: RE: Question about plan revision for SAW-2015-02056 Wayne County Hi Kevin, Considering there is no change to the actual impact, which was that whole feature to begin with, and only a change in the relocation design, I can simply add the revised design drawing to the file and move on. If you would, please send me the pdf of the revised drawing and a justification as to why the plans changed and I'll add that to our files. Zero reason to make this any more complicated Q Thanks! Sam Dailey U.S. Army Corps of Engineers Wilmington District, Regulatory Division, Raleigh Field Office Email: Samantha.J.Dailev@usace.army.mil Phone: (304) 617-4915 From: Kevin Martin <kmartin@sandec.com> Sent: Monday, October 10, 2022 11:28 AM To: Dailey, Samantha J CIV USARMY CESAW (USA) <Samantha.J.Dailev@usace.army.mil> Subject: [URL Verdict: Neutral][Non-DoD Source] Question about plan revision for SAW-2015-02056 Wayne County Sam, you previously issued and approval to relocate this ditch, while I realize this is no longer your county, I wanted to ask your opinion if you thought the revised plan would require a PCN or just an email notifying the Corps of the change. The impacts are the same (the entire jurisdictional ditch is being relocated). Only the location of the relocated ditch has changed. Plans for what was approved and what is proposed are below. APPROVED PLAN 3 I © MSN j Outlook, Office, Skype, Bi- X( I a Mail -Kevin Markin -Outlook X I J1 Harry Mollie_10-10-2021pzlf File I C;/Users/ evin%2ODell%2DNewLaptop/Desktopj ayne%2OCounty%201ndustrii F 2 ] of 2 a � �4 TOTAL PROPOSED y OPEN &TCH' 232 SO ARE FEET 58 LINEAL? FEET (W RM n1PAE TRUT EMSbNG SMUT It I 8 Wap$p� 1 I� 1 4,030 .SODA E FEET 806 DIO R FEET OF EVS UNC NON —JURISDICTIONAL DITCH M l M Type here to search PROPOSED PLAN — +. M c, TOTAL PROP05ED } OPEN DITCH: 1,544 SQUARE FEET 386 LINEAR FEET TOTAL PROPOSED OPEN D! T : is 844 SQUARE FEFT 11 LINEAR FEET 1� � 1 68, 68, . PIPED PIPED _ MIR {t 1 4= 6`ga�l ti — —5m �IM111111 sw+ _ 'I.I�I = 4 © MSN j Outlook, Office, Skype, Bi- X( I a Mail -Kevin Martin -Outlook X I a Harry Mollie_10-10-2022.pdf File I C;/Users/ evin%2%Dell%2DNewLaptop/AppDataJLoc;3VMicrosaft/ indGws/lNe of — + I �I7- t� 5 1 to I 1 l I l� TO TAL PR II �� O ` ., 455f' Sa1A A } 697 LINEA {aU RM nFRAE SST i HAWY 1%�Er DRIVE 54;m 5EM EAStWG S7IiEFT I 4 X �)CM I ow X 1 }�{} 1 1 I ti' V }'tip I x*NOW mm 4,030 SQUARE FEET 8045 LINEAR FEET OF 1 EX517M NON-JURISDICUONAL DITCH ;} Type here to search � ;• • Kevin C. Martin Principal Soil & Environmental Consultants, PA North Quarter Office Park 8412 Falls of Neuse Road, Suite 104 Raleigh, NC 27615 (919) 846-5900 Office Phone (919) 846-9467 Fax (919) 270-7941 Mobile kmartin sandec.com Visit us at SandEC.com! 5 This electronic communication, including all attachments, is intended only for the named addressee (s) and may contain confidential information. This electronic communication may not have passed through our standard review/quality control process. Design data and recommendations included herein are provided as a matter of convenience and should not be used for final design. Rely only on final, hardcopy materials bearing the consultant's original signature and seal. If you are not the named addressee (s), any use, dissemination, distribution or copying of this communication is prohibited. If you have received this electronic communication in error, please notify the sender by return e-mail and delete the original communication from your system. Thank you n I © MSN I Outlook, Office, Skype, B X I at Mail - Kevin Martin - Outlook ._F Harry Mollie 10-10-2022.pdf X a Final Impact MapsHarry& Molli X 0 X GJ Q File I C:/Users/Kevin%20Dell%20NewLaptop/Desktop/Wayne%20County%201ndustrial%20Park%20%2312618%20KCM%20file/2020%20reverific... 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NO. 1 v ) Z\\ 2\\ I� p\\ \\ \\ \\ I TOTAL PROPOSED OPEN DITCH.: •A 1,180 SQUARE FEET TOTAL PROPOSED $\\1 295 LINEAR FEET OPEN DITCH: 1 3,455 SQUARE FEET 68' 691 LINEAR FEET I PIPED 68 PIPED 1 net torpor: v a .0 onDacis N.C.S.R. NO. 1758 REST KANO LANE I 13 U. S. HIGHWAY NO. 70 E. EAST (COHN LANE EXISnN CfONAL Oj 1LANOS -- :As LADE shtec``/ 1 11a 8,967 SQUARE FEET 113 1,784 LINEAR FEET OF Ili EXISTING JURISDICTIONAL DITCH 1}' TO 8E FILLED 11 1 ll sa � 11:25 AM 41°F Sunny ^ 10 10/10/2022 Q HARRY IVEY DRIVE EXISTING STREET (60' R/W) HCM PROPERTIES OF GOLDSBORO DEED BOOK 3691 PAGE 393 4,030 SQUARE FEET 806 LINEAR' FEET OF EXISTING NON —JURISDICTIONAL DITCH B. o ll UO �ll V S �.JA IJ 9 Dll V �J o LAND SURVEYING • ENGINEERING • PLANNING License Number: F-1054 300 East Walnut Street Goldsboro, N.C. 27530 www.kornegaysep.com (919) 735-5885 Fax: (919) 580-9050 TOTAL PROPOSED OPEN DI TCH: 3,455 SQUARE FEET 691 LINEAR FEET 1in x LIIII 1 I HCM PROPERTIES OF GOLDSBORO I (DEED BOOK 3691 PAGE 393 Iz_ o- Iz= I= TOTAL PROPOSED OPEN DITCH: 2,065 SQUARE FEET 413 LINEAR FEET %\\ 2\\ -�\\ I I O \VA I TOTAL PROPOSED \ OPEN DITCH: _ y\\ 1,180 SQUARE FEET I 295 LINEAR FEET IIIIIIIIIIIIIIIIIIIIIIII 7 HARRY & MOLLIE, LLC DEED BOOK 2811 PAGE 413 TTTTlllllllnlllul mt TOTAL PROPOSED OPEN DITCH: 1,025 SQUARE FEET 205 LINEAR FEET HARRY & MOLLIE, LLC DEED BOOK 2811 PAGE 413 j0EXISTINiSD C �ONAL TLANO _ - WE - E 15TIN0 NON—,Ug41EOLQ (AppROXIM \\ II 11� 8,967 SQUARE FEET 1,784 LINEAR FEET OF 11 EXISTING Ilo JURISDICTIONAL DITCH I I I TO BE FILLED \' Ilo OV II= Za � IIw 11 II II II 100 0 50 100 200 MANY e,S HOWE, LLC NEW HOPE TOWNSHIP WAYNE COUNTY, N.C. HE: 2 e W-EK 090EE: 21 2229 210029 400 ROY COOPER Governor ELIZABETH S. BISER Secretary S. DANIEL SMITH NORTH CAROLINA Director Environmental Quality September 29, 2021 Harry & Mollie, LLC ATTN: Ted Ivey 314 NC Highway 111 South Goldsboro, North Carolina 27534 Subject: APPROVAL OF INDIVIDUAL 401 WATER QUALITY CERTIFICATION Southeast Investors Group Dear Mr. Ivey: DWR Project # 2011-0497 v5 Wayne County Attached hereto is a copy of Certification No. WQC004472 issued to Ted Ivey, and Harry & Mollie, LLC, dated September 29, 2021. This approval is for the purpose and design described in your application submitted on May 24, 2021 with fee receipt on July 29, 2021. 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, and Water Supply Watershed 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. 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 Washington 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 Washington 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 becomes 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) £D_E NORTH CAROLINA Department of Environmental Quality North Carolina Department of Environmental Quality I Division of Water Resources Washington Regional Office 1943 Washington Square Mall I Washington, North Carolina 27889 252.946.6481 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. One (1) copy of the Petition must also be served to the North Carolina Department of Environmental Quality: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the Division's review under section 401 of the Clean Water Act and 15A NCAC 02H .0500. Please contact Chris Pullinger at (252) 948-3918 or chris.pullinger@ncdenr.gov if you have any questions or concerns. Sincerely, Roka Te.44-4444 Robert Tankard, Assistant Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ Enclosures: Certification of Completion cc: Ted Ivey, Harry & Mollie, LLC (via e-mail: tivey@iscfgenetics.com) Kevin Martin, Soil &Environmental Consultants, PA (via e-mail: kmartin@sandec.com) Emily Thompson, USACE Washington Regulatory Field Office (via e-mail) Randall Jones, WaRO DEMLR (via e-mail) Laserfiche/DWR file copy North Carolina Department of Environmental Quality I Division of Water Resources Washington Regional Office 1943 Washington Square Mall I Washington, North Carolina 27889 252.946,6481 NORTH CAROLINA 401 WATER QUALITY CERTIFICATION CERTIFICATION #WQC004472 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 Ted Ivey, and Harry & Mollie, LLC, who have authorization forthe impacts listed below, as described within your application received by the N.C. Division of Water Resources (Division) on March 24, 2021 and fee received on July 29, 2021. The State of North Carolina certifies that this activity will comply with water quality requirements andthe applicable portions of Sections 301, 302, 303, 306, 307 of the Public Laws 92-500 and PL 95-217 ifconducted 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)] Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Open Water (ditch) 0.21 (acres) 0 (acres) This approval requires you to follow the conditions listed in the certification below. CONDITIONS OF CERTIFICATION [15A NCAC 02H .0507(c)]: 1. If this Water Quality Certification is used to access residential, commercial or industrial buildingsites, then all parcels owned by the permittee that are part of the single and complete project authorized by this Certification must be buildable without additional impacts to streams or wetlands. Citation: 15A NCAC 02H.0502(a);15A NCAC 02H .0506(b); 15A NCAC 02H.0507(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 orwould result in secondary or cumulative impacts. 2. For road construction purposes, this Certification shall only be utilized from natural high ground tonatural high ground. Citation: 15A NCAC 02H.0502(a);15A NCAC 02H .0506(b); 15A NCAC 02H.0507(c) Justification: A project that affects waters shall not be permitted unless the existing uses, and thewater 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 North Carolina Department of Environmental Quality I Division of Water Resources Washington Regional office 1943 Washington Square Mall I Washington, North Carolina 27889 252.946,6481 activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards orwould result in secondary or cumulative impacts. 3. Deed notifications or similar mechanisms shall be placed on all lots/parcels with retained jurisdictional 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), NClsolated Wetland Rules (15A NCAC 02H .1300), and/or State Regulated Riparian Buffer Rules (15A NCAC 02B .0200). These mechanisms shall be put in place at the time of recording of the property or individual parcels, whichever is appropriate. Citation: 15A NCAC 02H.0502(a);15A NCAC 02H.0506(b); 15A NCAC 02H.0507(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 orwould result in secondary or cumulative impacts. 4. The permittee shall report to the DWR Washington Regional Office any noncompliance with, and/orany 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 thenon-compliance circumstances. Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c) Justification: Timely reporting of non-compliance is important in identifying and minimizing detrimental impacts to water quality and avoiding impacts due to water pollution that precludes anybest use on a short-term or long-term basis. 5. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the footprint of theapproved impacts (including temporary impacts). Citation: 15A NCAC 02H.0506; 15A NCAC 02H.0507(c) Justification: 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 activities must not cause water pollution that precludes any best use on a short-term or long-term basis. 6. When applicable, all construction activities shall be performed and maintained in full compliancewith 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 statewater quality standards, statutes, or rules occur. Design, installation, operation, and maintenance of all sediment and erosion control measures shallbe 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. North Carolina Department of Environmental Quality I Division of Water Resources Washington Regional office 1943 Washington Square Mall I Washington, North Carolina 27889 252.946,6481 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 materialsrequired 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 SurfaceMining 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. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCACO2B .0200; 15A NCAC 02B .0231 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils,deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adverselyaffect the palatability offish, aesthetic quality, or impair the waters for any designated uses; and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions, the existing turbiditylevel shall not be increased. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 7. 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. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCAC 02B .0231 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the watersinjurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect thepalatability offish, aesthetic quality, or impair the waters for any designated uses; and (21) turbidityin the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall not be increased. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gasesshall not be present in amounts that may cause adverse impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. North Carolina Department of Environmental Quality I Division of Water Resources Washington Regional office 1943 Washington Square Mall I Washington, North Carolina 27889 252.946,6481 8. 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 othertoxic 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 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated uses. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. North Carolina Department of Environmental Quality I Division of Water Resources Washington Regional office 1943 Washington Square Mall I Washington, North Carolina 27889 252.946,6481 9. 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 than25 gallons that cannot be cleaned up within 24 hours. Citation: 15A NCAC 02H.0507(c); N.C.G.S 143-215.85(b) Justification: Person(s) owning or having control over oil or other substances upon notice of discharge must immediately notify the Department, or any of its agents or employees, of the nature,location, and time of the discharge and of the measures which are being taken or are proposed to betaken to contain and remove the discharge. This action is required in order to contain or divert the substances to prevent entry into the surface waters. 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 activities must not cause water pollution that precludes any best use on a short-term or long-term basis. 10. 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.0506(b); 15A NCAC 02H .0507(c) Justification: Surface water quality standards require that conditions of waters be suitable for all bestuses provided for in state rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. 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. 11. The permittee shall require its contractors and/or agents to comply with the terms and conditions ofthis 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 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) Justification: Those actually performing the work should be aware of the requirements of this 401 Water Quality Certification to minimize water quality impacts. 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 or CAMA Permit. The conditions in effect on thedate 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)] This, the 29th day of September, 2021 RQdy t Te0,14,04( Robert Tankard, Assistant Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ North Carolina Department of Environmental Quality I Division of Water Resources Washington Regional Office 1943 Washington Square Mall I Washington, North Carolina 27889 252.946,6481 NORTH LOCATION MAP HARRY IVEY DRIVE EXISTING STREET (60 R/W) o KOHLIVIMA LJ g MC. LAND SURVEYING • ENGINEERING • PLANNING License Number: F-1054 300 East Walnut Street Goldsboro, N.C. 27530 www.kornegaysep.com (919) 735-5885 Fax: (919) 580-9053 DWR Project #2011-0497 v5 NC_SR. NO. 1803 (COMMERCIAL DRIVE) UNMD C-1OIJVLr,1 DRAWN BY DESIGNED BY: JLK 6-16-2021 SCALE: 200 11� 0 8,967 SQUARE FEET 1 11z 1,784 LINEAR FEET OF EXISTING Ilo JURISDICTIONAL DITCH 1 TO BE FILLED \\z Igo I I I I II II EXISTING TIONAL juRI WESpI �S TLAN _— E STING NON JURISDICT HOC (A3P \-1 MATE EXISTING 20 FT —36 CONCRETE PIPE N.C.S.R. NO. 1758 (McLAIN STREET) WEST BOUND LANE U. S. HIGHWAY NO. 70 EAST BOUND LANE 100 0 50 100 NEW HOPE TOWNSHIP WAYNE COUNTY, N.C. SHE 11 2 WORK ORDER: 210029 CADD DWG: 210029 400 TOTAL PROPOSED DITCH: 3,844 SQUARE FEET 961 LINEAR FEET HARRY IVEY DRIVE EXISTING STREET (60' R/W) 4, 030 SQUARE FEET 806 LINEAR' FEET OF EXISTING NON -JURISDICTIONAL DITCH B. o ll UO �ll V S �.JA IJ 9 Dll V �J o LAND SURVEYING • ENGINEERING • PLANNING License Number: F-1054 300 East Walnut Street Goldsboro, N.C. 27530 www.kornegaysep.com (919) 735-5885 Fax: (919) 580-9050 jUEXISTINISD WEC �ONAL TLANO _ — E 15TIN0 ON,,,,FsE�Q (AppROXIM 8,967 SQUARE FEET 1,784 LINEAR FEET OF I, 6 EXISTING Ilo JURISDICTIONAL DITCH I I Z TO BE FILLED \' Ilo OV II= Za � IIw II 11 II II II N.C.S.R. NO. 1758 McLAIN STREET 100 WEST BOUND LANE 50 100 200 MANY e,S HOWE, LL NEW HOPE TOWNSHIP WAYNE COUNTY, N.C. HE-: 2 e W-EK 000E;: 21 CC29 210029 400 ROY COOPER Governor ELIZABETH S. BISER Secretary S. DANIEL SMITH Director NORTH CAROLINA Environmental Quality DWR Project No.: County: Applicant: Project Name: Date of Issuance of 401 Water Quality Certification: Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, andany subsequent modifications, the applicant is required to return this certificate to the DWR Central Office - Wetlands and Buffers Permitting Unit at 1650 Mail Service Center, Raleigh, NC 27699- 1650. This form may be returned to DWR by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these. Applicant's Certification I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approvedplans and specifications, and other supporting materials. Signature: Date: Agent's Certification I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approvedplans and specifications, and other supporting materials. Signature: Date: If this project was designed by a Certified Professional I, , as a duly registered Professional (i.e., Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project, for the Permittee hereby state that, to the best ofmy abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date : Registration No. £ D_E NORTH CAROLINA Department at Environmental Quality North Carolina Department of Environmental Quality I Division of Water Resources Washington Regional Office 1943 Washington Square Mall I Washington, North Carolina 27889 252.946.6481