HomeMy WebLinkAbout20221242 Ver 1_Approval Letter_20221026DocuSign Envelope ID: 6F1A7441-BDE7-402F-B78E-4AEEBF9814A0
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
SENT VIA ELECTRONIC MAIL ONLY: NO HARD COPY WILL BE MAILED.
October 26, 2022
Terry Potts
Email: ccp4terryggmail.com
DWR 4 20221242
Macon County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH
ADDITIONAL CONDITIONS
Wilson Road
Dear Mr. Potts:
Attached hereto is a copy of Certification No. 5287 issued to Terry Potts, dated October 26, 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 Trout Buffer 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.
D EQ
�� North Carolina Department of Environmental Quality I Division of Water Resources
Asheville Regional Office 12090 U.S. Highway 70 1 Swannanoa, North Carolina 28778
NORTH CAROHNh �
oeosmmem m ��m�euwwiiry 828.296.4500
DocuSign Envelope ID: 6F1A7441-BDE7-402F-B78E-4AEEBF9814A0
Wilson Road
DWR# 20221242
Individual Certification #WQC005287
Page 2of10
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 Asheville 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 Asheville 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]. Please be
aware that impacting waters without first applying for and securing the issuance of a 401 Water
Quality Certification violates Title 15A of the North Carolina Administrative Code (NCAC) 2H
.0500. Title 15A NCAC 2H .0500 requires certifications pursuant to Section 401 of the Clean
Water Act whenever construction or operation of facilities will result in a discharge into navigable
waters, including wetlands, as described in 33 Code of Federal Regulations (CFR) Part 323. It also
states any person desiring issuance of the State certification or coverage under a general
certification required by Section 401 of the Federal Water Pollution Control Act shall file with the
Director of the North Carolina Division of Water Quality. Pursuant to G.S. 143-215.6A, these
violations and any future violations are subject to a civil penalty assessment of up to a maximum of
$25,000.00 per day for each violation.
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 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:
DocuSign Envelope ID: 6F1A7441-BDE7-402F-B78E-4AEEBF9814A0
Wilson Road
DWR# 20221242
Individual Certification #WQC005287
Page 3 of 10
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 Amy Annino at 828-296-4656 or Amy.Annino(c�r�,ncdenr.gov if
you have any questions or concerns.
Sincerely,
EDocuSigned by:
5848C
Landon Davidson P.G., Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ-ARO
ec: Brooke Davis - USACE Asheville Regulatory Field Office
Stan Aiken — NC DEMLR
Andrea Leslie - NC Wildlife Resources Commission
Jennifer Robinson — Agent
Joe Allen — Macon County
Josh Ward — Town of Highlands
Todd Bowers - EPA
DWR 401 & Buffer Permitting Branch Electronic file
G:\WR\WQ\Macon\401s\Non-DO'l�Wilson Road\20221026 Wilson Road APPRVL.docx
DocuSign Envelope ID: 6F1A7441-BDE7-402F-B78E-4AEEBF9814A0
Wilson Road
DWR# 20221242
Individual Certification #WQC005287
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NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION 95287 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 Terry Potts, who has authorization for the
impacts listed below, as described within your application received by the N.C. Division of Water
Resources (Division) on September 7, 2022, and by Public Notice issued by the Division on
September 13, 2022.
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)]
Type of Impact
Amount Approved
(units) Permanent
Amount Approved
(units) Temporary
Wetland
Site 1
0.087 (acres)
0 (acres)
This approval requires you to follow the conditions listed in the certification below.
CONDITIONS OF CERTIFICATION [15A NCAC 02H .0507(c)]:
If this Water Quality Certification 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 Certification must be buildable without additional impacts to streams
or wetlands.
Citation: 15A NCAC 02H.0502(a); 15A NCAC 02H.0506(b)
2. The permittee shall report to the DWR Asheville 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)
3. 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).
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DWR# 20221242
Individual Certification #WQC005287
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Citation: 15A NCAC 02H . 0506; 15A NCAC 02H . 0507(c)
4. All activities shall be in compliance with any applicable State Regulated Riparian Buffer
Rules in Chapter 213 of Title 15A in the North Carolina Administrative Code.
Citation: 15A NCAC 02H . 0506(b); 15A NCAC 02H . 0507(c)
5. When applicable, all construction activities shall be performed and maintained in full
compliance with G.S. Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973).
Regardless of applicability of the Sediment and Pollution Control Act, all projects shall
incorporate appropriate Best Management Practices for the control of sediment and erosion
so that no violations of state water quality standards, statutes, or rules occur.
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.0506(b); 15A NCAC 02H.0507(c); 15A NCACO2B .0200; 15A
NCAC 02B . 0231
6. 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.
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Individual Certification #WQC005287
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Citation: 15A NCAC 02H . 0506(b); 15A NCAC 02H . 0507(c); 15A NCAC 02B . 0200; 15A
NCAC 02B . 0231
7. 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)
8. If the project is covered by NPDES Construction Stormwater Permit Number NCGO10000 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
9. All work in or adjacent to streams shall be conducted so that the flowing stream does not
come in contact with the disturbed area. Approved best management practices from the most
current version of the NC Sediment and Erosion Control Manual, or the NC 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
10. 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 . 0506(b); 15A NCAC 02H . 0507(c)
11. Culverts shall be designed and installed in such a manner that the original stream profiles are
not altered and allow for aquatic life movement during low flows. The dimension, pattern,
and profile of the stream above and below a pipe or culvert shall not be modified by
widening the stream channel or by reducing the depth of the stream in connection with the
construction activity. The width, height, and gradient of a proposed culvert shall be such as
to pass the average historical low flow and spring flow without adversely altering flow
velocity. 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
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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 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)
12. Bridge deck drains shall not discharge directly into streams or wetlands. 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 streams or wetlands.
Citation: 15A NCAC 02H . 0506(b); 15A NCAC 02H . 0507(c)
13. Application of fertilizer to establish planted/seeded vegetation within disturbed riparian areas
and/or wetlands shall be conducted at agronomic rates and shall comply with all other
Federal, State and Local regulations. Fertilizer application shall be accomplished in a
manner that minimizes the risk of contact between the fertilizer and surface waters.
Citation: 15A 02H . 0506(b); 15A NCAC 02H . 0507(c); 15A NCAC 02B . 0200; 15A NCAC
02B . 0231
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14. If concrete is used during construction, then all necessary measures shall be taken to prevent
direct contact between uncured or curing concrete and waters of the state. Water that
inadvertently contacts uncured concrete shall not be discharged to waters of the state.
Citation: 15A 02H.0506(b); 15A NCAC 02H.0507(c); 15A NCAC 02B .0200; 15A NCAC
02B . 0231
15. All proposed and approved temporary fill and culverts shall be removed and the impacted
area shall be returned to natural conditions within 60 calendar days after the temporary
impact is no longer necessary. The impacted areas shall be restored to original grade,
including each stream's original cross -sectional dimensions, planform pattern, and
longitudinal bed profile. All temporarily impacted sites shall be restored and stabilized with
native vegetation.
Citation: 15A NCAC 02H 0506(b); 15A NCAC 02H . 0507(c)
16. 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)
17. Any rip -rap required for proper culvert placement, stream stabilization, or restoration of
temporarily disturbed areas shall be restricted to the area directly impacted by the approved
construction activity. All rip -rap shall be placed such that the original 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)
18. Any rip -rap used for stream or shoreline stabilization shall be of a size and density to prevent
movement by wave, current action, or stream flows, and shall consist of clean rock or
masonry material free of debris or toxic pollutants. Rip -rap shall not be installed in the
streambed except in specific areas required for velocity control and to ensure structural
integrity of bank stabilization measures.
Citation: 15A NCAC 02H . 0506(b); 15A NCAC 02H . 0507(c); 15A NCAC 02B.0201
19. Rip -rap groins proposed in accordance with 15A NCAC 07H .1401 (NC Division of Coastal
Management General Permit for construction of Wooden and Rip -rap Groins in Estuarine
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and Public Trust Waters) shall meet all the specific conditions for design and construction
specified in 15A NCAC 07H .1405.
Citation: 15A NCAC 02H . 0507(c); 15A NCAC 07H .1400 et seq.
20. 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
21. 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
22. 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)
23. 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)
24. 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 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)
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DWR# 20221242
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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 Permit. 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)]
This, the 26th day of October 2022
DocuSigned by:
E
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7E617A38285848C...
Landon Davidson P.G., Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ-ARO
GLD/ama
5287