HomeMy WebLinkAboutSenter Farm REVISED per Corps Comments - CORRECTION.docxROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
April 25, 2023
DWR # 20221196
Harnett County
DR Horton, Inc.
Attn: Bobby Stuart
2000 Aerial Center Parkway
Morrisville, NC 27560
Subject: Approval of Individual 401 Water Quality Certification - CORRECTION
Senter Farm
USACE Action ID. No. SAW-2020-01350
Dear Mr. Stuart:
Attached hereto is a copy of Certification No. WQC005241 issued to Bobby Stuart and DR Horton, Inc.,
dated April 25, 2023. This Certification replaces the Certifications issued on October 13, 2022 and April
21, 2023. This revised Certification includes updated impact amounts and mitigation information that
resulted from additional information provided related to an Additional Information Request from the
US Army Corps of Engineers. Additionally, this Certification contains corrections to add a temporary
impact to Impact 5 and to specify the impact types for the permitted impacts. 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
� North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORTH CAROLINA
oaa..m.mof�runn,aM,lOual\ /� 919.707.9000
Senter Farm
DWR# 20221196
Individual Certification #WQC005241
Page 2 of 20
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 Fayetteville 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 Fayetteville Regional Office any noncompliance with, and/or any
violation of, stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment
impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next
business day if a weekend or holiday) from the time the permittee became aware of the non-compliance
circumstances.
This approval and its conditions are final and binding unless contested [G.S. 143-215.5].
This Certification can be contested as provided in Chapter 150B of the North Carolina General Statutes by
filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative
Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter
150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code.
Additional information regarding requirements for filing a Petition and Petition forms may be accessed at
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
Certification in accordance with N.C.G.S 15013-23(a).
This letter completes the Division's review under section 401 of the Clean Water Act and 15A NCAC 02H
.0500. Please contact Chad Turlington at (910) 433-3320 or chad.turlinRtonl@ncdenr.gov if you have any
questions or concerns.
D � � � North Carolina Department of Environmental Quality I Division of Water Resources
Fayetteville Regional Officel 1225 Green St., Suite 714 1 Fayetteville, North Carolina 28301-
NORTH CAROLINA ��` 5043
OBpaAmBnl M EmlrunmuMal Oual
910.433.3300
Senter Farm
DWR# 20221196
Electronic cc:
Individual Certification #WQC005241
Page 3 of 20
Sincerely,
IDocuSignedby
) � a—Ut ,
5189C2 =5C42B...
Trent Allen
Regional Supervisor
Division of Water Resources
Water Quality Regional Operations Section
Morgan Gilbert —Timmons Group (via email)
Amanda Johnson —Timmons Group (via email)
Liz Hair - USACE Wilmington Regulatory Field Office (via email)
DWR 401 & Buffer Permitting Branch Electronic file
North Carolina Department of Environmental Quality I Division of Water Resources
Fayetteville Regional Officel 1225 Green St., Suite 714 1 Fayetteville, North Carolina 28301-
NORTH CAROL ��` 5043
4NORT�
OBpaAmBnl M EmlrunmuMal Oual
910.433.3300
Senter Farm
DWR# 20221196
Individual Certification #WQC005241
Page 4 of 20
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #WQC005241 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 Bobby Stuart and DR Horton, Inc., who have authorization for the impacts
listed below, as described within your application received by the N.C. Division of Water Resources
(Division) on September 1, 2022 and subsequent information on April 13, 2023.
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
Permanent
Amount Approved
Temporary
Mitigation Amount
Required
Perennial Streams
S3 - Road Fill and
Construction buffer
83 linear feet
19 linear feet
83 credits
S3 — Dissipation Pad
(no loss)
34 linear feet
linear feet
credits
S7 — Road Fill and
Construction buffer
124 linear feet
10 linear feet
124 credits
S7- Dissipation Pad
(no loss)
48 linear feet
linear feet
credits
S8 — Sanitary Sewer
linear feet
31 linear feet
credits
S9 — Road Fill and
Construction Buffer
97 linear feet
10 linear feet
97 credits
S9 —Dissipation Pad
(no loss)
72 linear feet
linear feet
credits
S12 — Sanitary sewer
linear feet
74 linear feet
credits
Intermittent Streams
S1- Road
143 linear feet
13 linear feet
credits
S1 — Dissipator — No
Permanent Loss
15 linear feet
linear feet
credits
S10 — Sanitary Sewer
linear feet
30 linear feet
credits
Riparian Wetlands
W1— Road,
dissipation pad,
grading
0.263 acres
0.032 acres
0.263 credits
D � � � North Carolina Department of Environmental Quality I Division of Water Resources
Fayetteville Regional Office! 1225 Green St., Suite 714 1 Fayetteville, North Carolina 28301-
NORTH CAROLINA ��` 5043
OBpaAmBnl M EmlrunmuMal Oual
910.433.3300
Senter Farm
DWR# 20221196
Individual Certification #WQC005241
Page 5 of 20
W2 — Road,
0.017 acres
0.012 acres
0.017 credits
Sidewalk, Grading
W2 —Disconnectivity
0.025 acres
acres
0.025 credits
(Indirect impact
loss)
W4 — Construction
acres
0.001 acres
credits
buffer
W5 — Road,
0.010 acres
0.008 acres
0.010 credits
construction buffer,
drainage
construction
W6 — sanitary sewer
acres
0.001 acres
credits
W10 — sanitary
acres
0.044 acres
credits
sewer
W11—sanitary
acres
0.000 acres
credits
sewer
W12 —Aerial Sewer
0.038 acres
acres
0.038 credits
Line Footing
W12 — Sanitary
acres
0.032 acres
credits
Sewer
W12 — Sewer
acres
0.519 acres
credits
Easement
(permanent
conversion)
This approval requires you to follow the conditions listed in the certification below.
CONDITIONS OF CERTIFICATION [15A NCAC 02H .0507(c)]:
1. Mitigation must be provided for the proposed impacts as specified in the table below. The
attached Compensatory Mitigation Responsibility Transfer Form (Form) shall be completed and
provided to the Division prior to any impacts occurring. If the Mitigation Provider specified on
the attached Form(s) for the proposed impacts changes after issuance of this Certificate, then
the Permittee shall request a revised Compensatory Mitigation Responsibility Transfer Form
from the Division prior to conducting any impacts.
Compensatory Mitigation Required
River and Sub -basin Number
Wetland
0.353 acres (credits)
Cape Fear
0303000
Stream
304 linear feet (credits)
Cape Fear
03030004
Citation: 15A NCAC 02H .0506(c); 15A NCAC 02H .0507(c)
D � � � North Carolina Department of Environmental Quality I Division of Water Resources
Fayetteville Regional Officel 1225 Green St., Suite 714 1 Fayetteville, North Carolina 28301-
NORTH CAROLINA ��` 5043
OBpaAmBnl M EmlrunmuMal Oual
910.433.3300
Senter Farm
DWR# 20221196
Individual Certification #WQC005241
Page 6 of 20
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 project must provide for replacement of
existing uses through compensatory mitigation.
2. The permittee shall report to the DWR Fayetteville 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)
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 any best use on a short-term or long-term basis.
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).
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 that activities must not cause water pollution that
precludes any best use on a short-term or long-term basis.
4. 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
D E Q� ` North Carolina Department of Environmental Quality I Division of Water Resources
/!!!/// Fayetteville Regional Officd 1 225 Green St., Suite 714 1 Fayetteville, North Carolina 28301-
NORTH CAROL NA `1 � 5043
Ueprhnenl M EiMmmmnMl QwIft
910.433.3300
Senter Farm
DWR# 20221196
Individual Certification #WQC005241
Page 7 of 20
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.
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 adversely affect 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 turbidity level 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.
5. Sediment and erosion control measures shall not be installed in wetland or waters
except within the footprint of temporary or permanent impacts otherwise authorized by
this Certification. If placed within authorized impact areas, then placement of such
measures shall not be conducted in a manner that results in dis-equilibrium of any
wetlands, streambeds, or streambanks. Any silt fence installed within wetlands shall be
removed from wetlands and the natural grade restored within two (2) months of the
date that DEMLR or locally delegated program has released the specific area within the
project to ensure wetland standards are maintained upon completion of the project.
Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c), 15A NCAC 02B .0200, 15A
NCAC 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
D E Q� ` North Carolina Department of Environmental Quality I Division of Water Resources
/!!!/// Fayetteville Regional Officd 1 225 Green St., Suite 714 1 Fayetteville, North Carolina 28301-
NORTH CAROL NA `1 � 5043
Ueprhnenl M EiMmmmnMl QwIft
910.433.3300
Senter Farm
DWR# 20221196
Individual Certification #WQC005241
Page 8 of 20
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, 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 turbidity level 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.
6. 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)
Justification: A project that affects waters shall not be permitted unless the existing uses
(including aquatic life propagation and biological integrity), and the water quality to
protect such uses, are protected. Protections are necessary to ensure any remaining
surface waters or wetlands, and any surface waters or wetlands downstream, continue
to support existing uses during and after project completion. 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.
7. 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
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; 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
D E Q� ` North Carolina Department of Environmental Quality I Division of Water Resources
/!!!/// Fayetteville Regional Officd 1 225 Green St., Suite 714 1 Fayetteville, North Carolina 28301-
NORTH CAROL NA `1 � 5043
Ueprhnenl M EiMmmmnMl QwIft
910.433.3300
Senter Farm
DWR# 20221196
Individual Certification #WQC005241
Page 9 of 20
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 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.
8. 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 028.0200
Justification: Surface water quality standards require that conditions of waters be
suitable for all best uses 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. 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, 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 turbidity level shall not be increased.
9. 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
D E Q� ` North Carolina Department of Environmental Quality I Division of Water Resources
/!!!/// Fayetteville Regional Officd 1 225 Green St., Suite 714 1 Fayetteville, North Carolina 28301-
NORTH CAROL NA `1 � 5043
Ueprhnenl M EiMmmmnMl QwIft
910.433.3300
Senter Farm
DWR# 20221196
Individual Certification #WQC005241
Page 10 of 20
20% of the culvert diameter for culverts having a diameter less than or equal to 48
inches, to allow low flow passage of water and aquatic life. If the culvert outlet is
submerged within a pool or scour hole and designed to provide for aquatic passage,
then culvert burial into the streambed is not required.
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)
Justification: Surface water quality standards require that conditions of waters be
suitable for all best uses 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. Ensuring
that structures are installed properly in waters will ensure that surface water quality
standards are met and conditions of waters are suitable for all best uses.
10. 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
028.0231
D E Q� ` North Carolina Department of Environmental Quality I Division of Water Resources
/!!!/// Fayetteville Regional Officd 1 225 Green St., Suite 714 1 Fayetteville, North Carolina 28301-
NORTH CAROL NA `1 � 5043
Ueprhnenl M EiMmmmnMl QwIft
910.433.3300
Senter Farm
DWR# 20221196
Individual Certification #WQC005241
Page 11 of 20
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.
11. If concrete is used during construction, then all necessary measures shall be taken to
prevent direct contact between uncured or curing concrete and waters of the state.
Water that inadvertently contacts uncured concrete shall not be discharged to waters of
the state.
Citation: 15A 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 028.0200, 15A NCAC
028.0231
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.
12. 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)
Justification: A project that affects waters shall not be permitted unless the existing uses,
and the water quality to protect such uses, are protected. Protections are necessary to
ensure any remaining surface waters or wetlands, and any surface waters or wetlands
downstream, continue to support existing uses after project completion.
D E Q� ` North Carolina Department of Environmental Quality I Division of Water Resources
/!!!/// Fayetteville Regional Officd 1 225 Green St., Suite 714 1 Fayetteville, North Carolina 28301-
NORTH CAROL NA `1 � 5043
Ueprhnenl M EiMmmmnMl QwIft
910.433.3300
Senter Farm
DWR# 20221196
Individual Certification #WQC005241
Page 12 of 20
13. 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)
Justification: Surface water quality standards require that conditions of waters be
suitable for all best uses 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. Ensuring
that structures are installed properly in waters will ensure that surface water quality
standards are met and conditions of waters are suitable for all best uses.
14. 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)
Justification: Surface water quality standards require that conditions of waters be
suitable for all best uses 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.
15. 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
Justification: Surface water quality standards require that conditions of waters be
suitable for all best uses 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,
D E Q� ` North Carolina Department of Environmental Quality I Division of Water Resources
/!!!/// Fayetteville Regional Officd 1 225 Green St., Suite 714 1 Fayetteville, North Carolina 28301-
NORTH CAROL NA `1 � 5043
Ueprhnenl M EiMmmmnMl QwIft
910.433.3300
Senter Farm
DWR# 20221196
Individual Certification #WQC005241
Page 13 of 20
would cause or contribute to a violation of standards, or would result in secondary or
cumulative impacts.
16. All sewer lines shall be designed, constructed and maintained in accordance with Title
15ANCAC Chapter 02T, applicable Minimum Design Criteria (MDC), and/or Alternative
Design Criteria.
Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c)
Justification: The referenced Minimum Design criteria and 02T rules were adopted to
ensure 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.
17. Any utility construction corridor that is parallel to a stream or open water shall not be
closer than 10 feet to the top of bank or ordinary high-water mark.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
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.
18. Where there are temporary or permanent impacts from stream crossings, utility lines
shall cross the stream channel at a near -perpendicular direction (i.e., between 75
degrees and 105 degrees to the stream bank).
Citation: 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 or would result in secondary or
cumulative impacts.
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
/!!!/// Fayetteville Regional Officd 1 225 Green St., Suite 714 1 Fayetteville, North Carolina 28301-
NORrHCAROLNA 1 � 5043
Ueprhnenl M EiMmmmnMl QwIft
910.433.3300
Senter Farm
DWR# 20221196
Individual Certification #WQC005241
Page 14 of 20
19. Construction corridors in wetlands and/or across stream channels shall be minimized to
the maximum extent practicable and shall not exceed 40 feet wide. For construction
corridors in wetlands and across stream channels, stumps shall be grubbed only as
needed to install the utility, and remaining stumps shall be cut off at grade level. The
general stripping of topsoil within wetlands along the construction corridor is
prohibited.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
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.
20. Permanent maintained access corridors in wetlands and across stream channels shall be
restricted to the minimum width practicable and shall not exceed 30 feet wide.
Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c)
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.
21. 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. A section and plan view diagram is
attached for the anti -seep collars.
The following specifications shall apply to class B concrete:
i. Minimum cement content, sacks per cubic yard with rounded coarse aggregate 5.0
ii. Minimum cement content, sacks per cubic yard with angular coarse aggregate 5.5
iii. Maximum water -cement ratio gallons per sack 6.8
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
/!!!/// Fayetteville Regional Officd 1 225 Green St., Suite 714 1 Fayetteville, North Carolina 28301-
NoarHcaaouru 1 � 5043
Ueprhnenl M EiMmmmnMl QwIft
910.433.3300
Senter Farm
DWR# 20221196
Individual Certification #WQC005241
Page 15 of 20
iv. Slump range 2" to 4"
v. Minimum strength - 28-day psi 2,500
Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c)
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.
22. The permittee shall restore wetland contours to pre -construction conditions. Any excess
material will be removed to a high ground disposal area.
The mixing of topsoil and subsoils within the wetlands along utility corridors shall be
minimized to the greatest extent practical. During excavation, the soils shall be placed
on fabric to minimize impacts whenever possible. Topsoil excavated from utility
trenches will be piled separately from subsoils and will be backfilled into the trench only
after the subsoils have been placed and compacted.
Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c)
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.
23. 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
028.0231
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
D E Q� ` North Carolina Department of Environmental Quality I Division of Water Resources
/!!!/// Fayetteville Regional Officd 1 225 Green St., Suite 714 1 Fayetteville, North Carolina 28301-
NORTH CAROL NA `1 � 5043
Ueprhnenl M EiMmmmnMl QwIft
910.433.3300
Senter Farm
DWR# 20221196
Individual Certification #WQC005241
Page 16 of 20
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.
24. 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
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.
25. 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
Justification: Wetland standards require maintenance or enhancement of existing uses of
wetlands such that hydrologic conditions necessary to support natural biological and
physical characteristics are protected, populations of wetland flora and fauna are
maintained to protect biological integrity of the wetland; and materials or substances
are not present in amounts that may cause adverse impact on existing wetland uses.
26. 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;
D E Q� ` North Carolina Department of Environmental Quality I Division of Water Resources
/!!!/// Fayetteville Regional Officd 1 225 Green St., Suite 714 1 Fayetteville, North Carolina 28301-
NORTH CAROL NA `1 � 5043
Ueprhnenl M EiMmmmnMl QwIft
910.433.3300
Senter Farm
DWR# 20221196
Individual Certification #WQC005241
Page 17 of 20
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)
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 be taken 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 that activities must not cause water pollution that precludes any best
use on a short-term or long-term basis.
27. 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 best uses 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.
28. The permittee shall require its contractors and/or agents to comply with the terms and
conditions of this certification in the construction and maintenance of this project, and
shall provide each of its contractors and/or agents associated with the construction or
maintenance of this project with a copy of this Water Quality Certification. A copy of
this Water Quality Certification shall be available at the project site during the
construction and maintenance of this project.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
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 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)]
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
/!!!/// Fayetteville Regional Officd 1 225 Green St., Suite 714 1 Fayetteville, North Carolina 28301-
NORrHCAROLNA 1 � 5043
Ueprhnenl M EiMmmmnMl QwIft
910.433.3300
Senter Farm
DWR# 20221196
Individual Certification #WQC005241
Page 18 of 20
This, the 25th day of April, 2023
IDCCU ' nedby�Q
) � a—Ut ,
5189C2 =5C42B...
Trent Allen
Regional Supervisor
Division of Water Resources
Water Quality Regional Operations Section
Ie ^ � North Carolina Department of Environmental Quality I Division of Water Resources
Fayetteville Regional Officel 1225 Green St., Suite 714 1 Fayetteville, North Carolina 28301-
NORTH CAROL NA ��` 5043
OBpaAmBnl M EmlrunmuMal Oual
910.433.3300
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
COMPENSATORY MITIGATION RESPONSIBILITY TRANSFER FORM
April 25, 2023
Permittee: DR Horton, Inc/Bobby Stuart DWR Project # 20221196
Project Name: Senter Farm
County: Harnett
The Division has received a Statement of Availability (SOA) from Wildland Holdings IV, LLC for the Middle
Cape Fear Umbrella Mitigation Bank — Daniels Creek Mitigation Site to satisfy the mitigation
requirements set forth in 401 Individual Certification No. WQC005241 issued to DR Horton, Inc, dated
April 21, 2023 as provided in the table below.
Compensatory Mitigation
River and 8-digit HUC Number
Riparian Wetland
0.353 acres (credits)
Cape Fear / 03030004
Perennial Stream
304 linear feet (credits)
Cape Fear / 03030004
The Permittee must provide a copy of this form to the Mitigation Provider specified above who will then
sign the form to verify receipt of payment and the transfer of the mitigation responsibility. Once the
Mitigation Provider has signed this form, it is the Permittee's responsibility to ensure that a signed copy
of this form and the mitigation transfer certificate is submitted to the Division before conducting any of
the authorized impacts.
The Mitigation Provider verifies that the mitigation requirements (credits) shown above, have been
released and are available at the identified bank site(s). By signing below, the Mitigation Provider is
accepting full responsibility for the identified mitigation. As a reminder to the Mitigation Provider, no
more than 25 percent of the total mitigation required by Division can be met through preservation,
unless requested and approved by the Division Director (15A NCAC 02H. 0506(c)(7)).
Signature Authority Name (print):
Signature:
Date:
D � � North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611
NORTH CARO04A
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