HomeMy WebLinkAbout20230854 Ver 1_Approval Letter_20230726DocuSign Envelope ID: FAA9EEBC-E017-4C6B-9DB6-8E52255F6322
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
July 26, 2023
DWR # 20230854
Chatham County
Pea Ridge Developers, LLC
Attn: Mr. Andrew Ross
PO Box 5548
Cary, NC 27512
Delivered via email to: andrew.ross@flovddevelopment.com
Subject: Approval of Individual 401 Water Quality Certification
Firefly Overlook
USACE Action ID. No. SAW- 2022- 01620
Dear Mr. Ross:
Attached hereto is a copy of Certification No. WQC006131 issued to Mr. Andrew Ross and Pea
Ridge Developers, LLC, dated July 26, 2023. 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
D � � � North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mad Service Center I Raleigh, North Carolina 27699-1617
,� 919.707.9000
DocuSign Envelope ID: FAA9EEBC-E017-4C6B-9DB6-8E52255F6322
Firefly Overlook
DWR# 20230854
Individual Certification #WQC006131
Page 2 of 16
consumptive user regardless of the quantity of the withdrawal or the date on which the
withdrawal was initiated or expanded.
Upon the presentation of proper credentials, the Division may inspect the property.
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 Raleigh 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 Raleigh 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 IlLP;//VVW�ay.[]L;Udli.L;Ulli, 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).
� � �
Oual� 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
NpR'V CAROV\A ^' 919.707.9000
�aparhneM of EmlmnmenWl
DocuSign Envelope ID: FAA9EEBC-E017-4C6B-9DB6-8E52255F6322
Firefly Overlook
DWR# 20230854
Individual Certification #WQC006131
Page 3 of 16
This letter completes the Division's review under section 401 of the Clean Water Act and 15A
NCAC 02H .0500. Please contact Samantha Wooten at (919) 707-3631 or
samantha.wooten@deg.nc.gov if you have any questions or concerns.
Sincerely,
ES
DocuSigned by:
fcf�t- �bSS
755ABFOCD8OB428...
Stephanie Goss, Supervisor
401 & Buffer Permitting Branch
Electronic cc: Rhiannon Graham, Terracon Consultants; via email
(rhiannon.graham@terracon.com)
Rachel Capito, USACE Chatham County Regulatory Field Office; via email
(Rachel.A.Capito@usace.army.mil)
Todd Bowers, EPA; via email (Bowers.todd@Epagov)
DWR 401 & Buffer Permitting Branch Electronic file
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mad Service Center I Raleigh, North Carolina 27699-1617
NORTH CAROLINQ 919.707.9000
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DocuSign Envelope ID: FAA9EEBC-E017-4C6B-9DB6-8E52255F6322
Firefly Overlook
DWR# 20230854
Individual Certification #WQC006131
Page 4 of 16
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #WQC006131 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 0213.0200, to Mr. Andrew Ross and Pea Ridge Developers, LLC,
who have authorization for the impacts listed below, as described within your application
received by the N.C. Division of Water Resources (Division) on April 26, 2023 and by Public Notice
issued by the U. S. Army Corps of Engineers on June 15, 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
Amount Approved
Mitigation Amount
(units) Permanent
(units) Temporary
Required
Stream
S1— Road
0 (linear feet)
15 (linear feet)
0 (linear feet)
Crossing
S2 — Road
101 (linear feet)
0 (linear feet)
0 (linear feet)
Crossing
S3 — Road
40 (linear feet)
0 (linear feet)
0 (linear feet)
Crossing
This approval requires you to follow the conditions listed in the certification below.
CONDITIONS OF CERTIFICATION [15A NCAC 02H .0507(c)]:
1. When final design plans are completed for the Roadway Crossing the Permittee shall submit
a copy to the Division for review. Final designs shall reflect all appropriate avoidance,
minimization, and mitigation for impacts to wetlands, streams, and other surface waters.
The Permittee shall submit a permit modification request if the impacts from the final
design of the road crossing are different than those identified in this approval. No
construction activities (including temporary impacts) shall begin at the impact area until
after a permit modification has been secured, or the Division has acknowledged review of
the final design drawings.
Citation: 15A NCAC 02H .0506(b)(2) and (3); 15A NCAC 02H .0507(c)
D � � � 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
NpR'VI CAROI\A ^' 919.707.9000
�epmhneM of EmlmnmenWl Oualn
DocuSign Envelope ID: FAA9EEBC-E017-4C6B-9DB6-8E52255F6322
Firefly Overlook
DWR# 20230854
Individual Certification #WQC006131
Page 5 of 16
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.
2. Any additional impacts to streams and/or wetlands as a result of future roads, buildings,
driveways, utility lines or other development related activities within the Ammons
Development may be considered cumulative to impacts approved in this Certification and
may require a modification of this 401 Water Quality Certification approval.
Citation: 15A NCAC 02H .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.
3. The Permittee shall secure an approved stormwater management plan (SMP) from Chatham
County before any impacts authorized in this certification occur. The applicable portion of
the approved SMP shall be constructed and operational before any permanent building or
other permanent structure is occupied at the site. If any of the SCMs are used as an Erosion
and Sediment Control device, it must be restored to the approved stormwater design
condition within 30 days of close-out of the Erosion and Sediment Control Plan.
The Permittee shall ensure that all final construction plans for the development comply
with the commitments ensure that downstream hydrology is provided to all jurisdictional
features within the project limits made within the 401 application and supplemental
documents. If any additional direct, or indirect, stream, wetland, or open water impacts
result from final SMP design and/or review or approval then Permittee shall submit an
application to modify the 401 certification to account for the additional impacts. Any such
impact will be considered cumulative to the project.
Citation: 15A NCAC 02H .0506(b)(2) and (3), 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. All wetlands, streams, and surface waters located within 50 feet of the construction area on
the project site shall be clearly marked (example- orange fabric fencing) prior to any land
disturbing activities and must be maintained on the property until the project phase is
completed.
D � � �
Oual� 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
NpR'V CAROV\A ^' 919.707.9000
�aparhneM of EmlmnmenWl
DocuSign Envelope ID: FAA9EEBC-E017-4C6B-9DB6-8E52255F6322
Firefly Overlook
DWR# 20230854
Individual Certification #WQC006131
Page 6 of 16
Citation: 15A NCAC 02H .0506(b)(2); 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 states 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.
5. All sewer lines shall be designed, constructed and maintained in accordance with Title 15A
NCAC Chapter 02T, applicable Minimum Design Criteria (MDC), and/or Alternative Design
Criteria.
Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c)
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.
6. 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 states 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.
7. 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.
8. Construction corridors in wetlands and/or across stream channels shall be minimized to the
maximum extent practicable and shall not exceed 40 feet wide except at impact location S5
D � � �
Oual� 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
NpR'V CAROV\A ^' 919.707.9000
�aparhneM of EmlmnmenWl
DocuSign Envelope ID: FAA9EEBC-E017-4C6B-9DB6-8E52255F6322
Firefly Overlook
DWR# 20230854
where utilities are co -located.
Individual Certification #WQC006131
Page 7 of 16
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 states 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.
9. 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 states 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.
10. 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
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
D � � �
Oual� 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
NpR'V CAROV\A ^' 919.707.9000
�aparhneM of EmlmnmenWl
DocuSign Envelope ID: FAA9EEBC-E017-4C6B-9DB6-8E52255F6322
Firefly Overlook
DWR# 20230854
Individual Certification #WQC006131
Page 8 of 16
activity will comply with state water quality standards (including designated uses, numeric
criteria, narrative criteria and the states 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.
11. Within all utility corridors, 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.
12. The permittee shall report to the DWR Raleigh 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.
13. 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.
D � � � 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
NpR'VI CAROI\A ^' 919.707.9000
�epmhneM of EmlmnmenWl Oualn
DocuSign Envelope ID: FAA9EEBC-E017-4C6B-9DB6-8E52255F6322
Firefly Overlook
DWR# 20230854
Individual Certification #WQC006131
Page 9 of 16
14. All activities shall be in compliance with any applicable State Regulated Riparian Buffer
Rules in Chapter 2B of Title 15A in the North Carolina Administrative Code.
Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c)
Justification: The referenced Riparian Buffer rules were adopted to address water quality
impairments and further protect existing uses.
15. 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.
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.
16. 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
D � � � 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
NpR'VI CAROI\A ^' 919.707.9000
�epmhneM of EmlmnmenWl Oualn
DocuSign Envelope ID: FAA9EEBC-E017-4C6B-9DB6-8E52255F6322
Firefly Overlook
DWR# 20230854
Individual Certification #WQC006131
Page 10 of 16
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.
17. 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.
18. 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 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, 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
D � � �
Oual� 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
NpR'V CAROV\A ^' 919.707.9000
�aparhneM of EmlmnmenWl
DocuSign Envelope ID: FAA9EEBC-E017-4C6B-9DB6-8E52255F6322
Firefly Overlook
DWR# 20230854
Individual Certification #WQC006131
Page 11 of 16
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.
19. 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.
20. Culverts shall be designed and installed in such a manner that the original stream profiles
are not altered and allow for aquatic life movement during low flows. The dimension,
pattern, and profile of the stream above and below a pipe or culvert shall not be modified
by widening the stream channel or by reducing the depth of the stream in connection with
the construction activity. The width, height, 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
D � � �
Oual� 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
NpR'V CAROV\A ^' 919.707.9000
�aparhneM of EmlmnmenWl
DocuSign Envelope ID: FAA9EEBC-E017-4C6B-9DB6-8E52255F6322
Firefly Overlook
DWR# 20230854
Individual Certification #WQC006131
Page 12 of 16
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.
21. 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
D � � �
Oual� 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
NpR'V CAROV\A ^' 919.707.9000
�aparhneM of EmlmnmenWl
DocuSign Envelope ID: FAA9EEBC-E017-4C6B-9DB6-8E52255F6322
Firefly Overlook
DWR# 20230854
Individual Certification #WQC006131
Page 13 of 16
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.
22. 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
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.
23. 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.
24. 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
� � �
Oual� 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
NpR'V CAROV\A ^' 919.707.9000
�aparhneM of EmlmnmenWl
DocuSign Envelope ID: FAA9EEBC-E017-4C6B-9DB6-8E52255F6322
Firefly Overlook
DWR# 20230854
Individual Certification #WQC006131
Page 14 of 16
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.
25. 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.
26. 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, would cause or contribute to a
violation of standards, or would result in secondary or cumulative impacts.
27. 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
D � � �
Oual� 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
NpR'V CAROV\A ^' 919.707.9000
�aparhneM of EmlmnmenWl
DocuSign Envelope ID: FAA9EEBC-E017-4C6B-9DB6-8E52255F6322
Firefly Overlook
DWR# 20230854
Individual Certification #WQC006131
Page 15 of 16
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 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.
28. 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 028.0231
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.
29. 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)
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.
D � � �
Oual� 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
NpR'V CAROV\A ^' 919.707.9000
�aparhneM of EmlmnmenWl
DocuSign Envelope ID: FAA9EEBC-E017-4C6B-9DB6-8E52255F6322
Firefly Overlook
DWR# 20230854
Individual Certification #WQC006131
Page 16 of 16
30. 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.
31. 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)]
This, the 261h day of July 2023
IS
DocuSigned by:
f cf�f_ Gbss
755ABFOCD8OB428...
Stephanie Goss, Supervisor
401 & Buffer Permitting Branch
D � � � 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
NpR'VI CAROI\A ^' 919.707.9000
�epmhneM of EmlmnmenWl Oualn