HomeMy WebLinkAbout20230847_DogwoodParkDamRepair_8.9.2023.docxROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
August 9, 2023
DWR # 20230847
Union County
Village of Wesley Chapel
Attn: Amanda Fuller
6490 Weddington Road
Wesley Chapel, NC 28104
Delivered via email to: amandafuller@wesleychapelnc.com
Subject: Approval of Individual 401 Water Quality Certification
Dogwood Park Dam Repair
Dear Village of Wesley Chapel,
Attached hereto is a copy of Certification No. WQC006158 issued to the Village of Wesley Chapel, dated
August 9, 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 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.
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
uoh'ricnao�iNa 919.707.9000
Dogwood Park Dam Repair
DWR# 20230847
Individual Certification #WQC006158
Page 2 of 15
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 Mooresville Regional Office within 24 hours (or the next business day if a weekend or holiday) from
the time the permittee becomes aware of the circumstances.
The permittee shall report to the Mooresville Regional Office any noncompliance with, and/or any
violation of, stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment
impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next
business day if a weekend or holiday) from the time the permittee became aware of the non-compliance
circumstances.
This approval and its conditions are final and binding unless contested [G.S. 143-215.5]. Please be aware
that impacting waters without first applying for and securing the issuance of a 401 Water Quality
Certification violates Title 15A of the North Carolina Administrative Code (NCAC) 2H .0500. Title 15A
NCAC 2H .0500 requires certifications pursuant to Section 401 of the Clean Water Act whenever
construction or operation of facilities will result in a discharge into navigable waters, including wetlands,
as described in 33 Code of Federal Regulations (CFR) Part 323. It also states any person desiring
issuance of the State certification or coverage under a general certification required by Section 401 of
the Federal Water Pollution Control Act shall file with the Director of the North Carolina Division of
Water Quality. Pursuant to G.S. 143-215.6A, these violations and any future violations are subject to a
civil penalty assessment of up to a maximum of $25,000.00 per day for each violation.
This Certification can be contested as provided in Chapter 150B of the North Carolina General Statutes by
filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative
Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter
150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code.
Additional information regarding requirements for filing a Petition and Petition forms may be accessed at
http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000.
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).
North Carolina Department of Environmental Quality I Division of Water Resources
D Q�� 512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611
NORTH CAROL NA " 919.707.9000
Dogwood Park Dam Repair
DWR# 20230847
Individual Certification #WQC006158
Page 3 of 15
This letter completes the Division's review under section 401 of the Clean Water Act and 15A NCAC 02H
.0500. Please contact Annie Hoy at 704-235-2200 or amie.hov@deg.nc.gov if you have any questions or
concerns.
Sincerely,
DocuSigned by:
A.►.. 4tW N P;xs f.
F161FB69A2D84A3...
Andrew H. Pitner, P.G. Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office, DEQ
Electronic cc: Amy Black, ablack@libinc.com
Emily Greer, USACE Charlotte Regulatory Field Office
Olivia Munzer Schaetz, NCWRC
Todd Bowers, EPA
DWR 401 & Buffer Permitting Branch Electronic file
Filename: 20230847_DogwoodParkDam Repair_8.4.2023.docx
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
NOR1H CARou Na 919.707.9000
Dogwood Park Dam Repair
DWR# 20230847
Individual Certification #WQC006158
Page 4 of 15
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #WQC006135 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 the Village of Wesley Chapel, who have authorization for the impacts listed
below, as described within your application received by the N.C. Division of Water Resources (Division) on
June 13, 2023, and by Public Notice issued by the Division of Water Resources 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 Permanent
Amount Approved
Temporary
Perennial Stream
S1 / Unnamed tributary /fill
120 linear feet
0 linear feet
Riparian Wetland
W1 / NA/ Fill
0.02 acres
0 acres
Open Water Feature
PI/Pond/ dewatering
0 acres
0.12 acres
P2/ Pond/ Excavation
0.01 acres
0 acres
This approval requires you to follow the conditions listed in the certification below.
CONDITIONS OF CERTIFICATION [15A NCAC 02H .0507(c)]:
1. Streamflow must be maintained within the stream channel downstream of the lake/pond at
all times including during construction/maintenance activities and pond/lake filling/refilling.
A minimum of pond/lake inflow, shall be maintained in the receiving stream.
Citation: 15A NCAC 028.0211; 15A NCAC 02H .0506(b)(1), 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.
2. If this Water Quality Certification is used to access residential, commercial or industrial
building sites, then all parcels owned by the permittee that are part of the single and
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
Noah+ CARD -NA " 919.707.9000
Dogwood Park Dam Repair
DWR# 20230847
Individual Certification #WQC006158
Page 5 of 15
complete project authorized by this Certification must be buildable without additional
impacts to streams or wetlands.
Citation: 15A NCAC 02H .0502(a),15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c)
Justification: A project that affects waters shall not be permitted unless the existing uses, and
the water quality to protect such uses, are protected. In determining that the proposed
activity will comply with state water quality standards (including designated uses, numeric
criteria, narrative criteria and the state-s antidegradation policy), the Division must evaluate if
the activity has avoided and minimized impacts to waters, would cause or contribute to a
violation of standards or would result in secondary or cumulative impacts.
3. For road construction purposes, this Certification shall only be utilized from natural high
ground to natural high ground.
Citation: 15A NCAC 02H .0502(a),15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c)
Justification: A project that affects waters shall not be permitted unless the existing uses, and
the water quality to protect such uses, are protected. In determining that the proposed
activity will comply with state water quality standards (including designated uses, numeric
criteria, narrative criteria and the state-s antidegradation policy), the Division must evaluate if
the activity has avoided and minimized impacts to waters, would cause or contribute to a
violation of standards or would result in secondary or cumulative impacts.
4. Deed notifications or similar mechanisms shall be placed on all lots/parcels with retained
jurisdictional wetlands, waters, and state regulated riparian buffers within the project
boundaries in order to assure compliance with NC Water Quality Certification Rules (15A
NCAC 02H .0500), NC Isolated Wetland Rules (15A NCAC 02H .1300), and/or State Regulated
Riparian Buffer Rules (15A NCAC 02B .0200). These mechanisms shall be put in place at the
time of recording of the property or individual parcels, whichever is appropriate.
Citation: 15A NCAC 02H .0502(a),15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c)
Justification: A project that affects waters shall not be permitted unless the existing uses,
and the water quality to protect such uses, are protected. In determining that the proposed
activity will comply with state water quality standards (including designated uses, numeric
criteria, narrative criteria and the state-s antidegradation policy), the Division must evaluate
if the activity has avoided and minimized impacts to waters, would cause or contribute to a
violation of standards or would result in secondary or cumulative impacts.
5. For all dam removal projects meeting the definition under G.S. 143-215.25 and requirements
under G.S. 143-215.27 of a professionally supervised dam removal, the applicant shall provide
documentation that any sediment that may be released has similar or lower level of
contamination than sediment sampled from downstream of the dam in accordance with
Session Law 2017-145.
Citation: 15A NCAC 02H. 0502, 15A NCAC 02H. 0506(b), 15A NCAC 02H. 0507(c), 15A
NCACO2B .0200, S.L. 2017-145,
North Carolina Department of Environmental Quality I Division of Water Resources
D ��� 512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611
NORTH CAROL NA " 919.707.9000
Dogwood Park Dam Repair
DWR# 20230847
Individual Certification #WQC006158
Page 6 of 15
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.
6. The Permittee shall secure an approved stormwater management plan (SMP) from the
Village of Wesley Chapel 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.
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.
7. The permittee shall have a specific plan for restoring 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 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.
8. The permittee shall report to the DWR Mooresville Regional Office any noncompliance with,
and/or any violation of, stream or wetland standards [15A NCAC 02B .0200], including but not
limited to sediment impacts to streams or wetlands. Information shall be provided orally
within 24 hours (or the next business day if a weekend or holiday) from the time the
permittee became aware of the non-compliance circumstances.
North Carolina Department of Environmental Quality I Division of Water Resources
D ��� 512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611
NORTH CAROL NA " 919.707.9000
Dogwood Park Dam Repair
DWR# 20230847
Individual Certification #WQC006158
Page 7 of 15
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.
9. 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.
When applicable, all construction activities shall be performed and maintained in full
compliance with G.S. Chapter 113A Article 4 (Sediment and Pollution Control Act of
1973). Regardless of applicability of the Sediment and Pollution Control Act, all projects
shall incorporate appropriate Best Management Practices for the control of sediment
and erosion so that no violations of state water quality standards, statutes, or rules
occur.
Design, installation, operation, and maintenance of all sediment and erosion control
measures shall be equal to or exceed the requirements specified in the most recent version
of the North Carolina Sediment and Erosion Control Manual, or for linear transportation
projects, the North Caroline Department of Transportation Sediment and Erosion Control
Manual.
All devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil)
sites, including contractor -owned or leased borrow pits associated with the project.
Sufficient materials required for stabilization and/or repair of erosion control measures
and stormwater routing and treatment shall be on site at all times.
For borrow pit sites, the erosion and sediment control measures shall be designed,
installed, operated, and maintained in accordance with the most recent version of the
North Carolina Surface Mining Manual. Reclamation measures and implementation shall
comply with the reclamation in accordance with the requirements of the Sedimentation
Pollution Control Act and the Mining Act of 1971.
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
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
Noah+ CARD -NA " 919.707.9000
Dogwood Park Dam Repair
DWR# 20230847
Individual Certification #WQC006158
Page 8 of 15
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.
10. 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 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 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.
11. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be
used along streambanks or within wetlands.
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
Noah+ CARD -NA " 919.707.9000
Dogwood Park Dam Repair
DWR# 20230847
Individual Certification #WQC006158
Page 9 of 15
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.
12. If the project is covered by NPDES Construction Stormwater Permit Number NCG010000 or
NPDES Construction Stormwater Permit Number NCG250000, full compliance with permit
conditions including the erosion & sedimentation control plan, inspections and
maintenance, self -monitoring, record keeping and reporting requirements is required.
Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c); 15A NCAC 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 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.
13. 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
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
Noah+ CARD -NA " 919.707.9000
Dogwood Park Dam Repair
DWR# 20230847
Individual Certification #WQC006158
Page 10 of 15
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.
14. In -stream structures installed to mimic natural channel geomorphology such as cross -vanes,
sills, step -pool structures, etc. shall be designed and installed in such a manner that allow
for continued aquatic life movement.
Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c)
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 in -stream structures are installed properly will ensure that surface water quality
standards are met and conditions of waters are suitable for all best uses.
15. Culverts shall be designed and installed in such a manner that the original stream profiles
are not altered and allow for aquatic life movement during low flows. The dimension,
pattern, and profile of the stream above and below a pipe or culvert shall not be modified
by widening the stream channel or by reducing the depth of the stream in connection with
the construction activity. The width, height, and gradient of a proposed culvert shall be
such as to pass the average historical low flow and spring flow without adversely altering
flow velocity. If the width of the culvert is wider than the stream channel, the culvert shall
include multiple boxes/pipes, baffles, benches and/or sills to maintain the natural width of
the stream channel. If multiple culverts/pipes/barrels are used, low flows shall be
accommodated in one culvert/pipe and additional culverts/pipes shall be installed such that
they receive only flows above bankfull.
Placement of culverts and other structures in streams shall be below the elevation of the
streambed by one foot for all culverts with a diameter greater than 48 inches, and 20% of
the culvert diameter for culverts having a diameter less than or equal to 48 inches, to allow
low 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,
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
Noah+ CARD -NA " 919.707.9000
Dogwood Park Dam Repair
DWR# 20230847
Individual Certification #WQC006158
Page 11 of 15
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.
16. 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
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
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
Noah+ CARD -NA " 919.707.9000
Dogwood Park Dam Repair
DWR# 20230847
Individual Certification #WQC006158
Page 12 of 15
producing color or odor shall not be present in amounts that may cause adverse impacts
on existing wetland uses.
17. 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.
18. 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.
19. 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,
North Carolina Department of Environmental Quality I Division of Water Resources
D Q�� 512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611
NORTH CAROL NA " 919.707.9000
Dogwood Park Dam Repair
DWR# 20230847
Individual Certification #WQC006158
Page 13 of 15
would cause or contribute to a violation of standards, or would result in secondary or
cumulative impacts.
20. 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 028.0201
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.
21. Rip -rap groins proposed in accordance with 15A NCAC 07H .1401 (NC Division of Coastal
Management General Permit for construction of Wooden and Rip -rap Groins in Estuarine
and Public Trust Waters) shall meet all the specific conditions for design and construction
specified in 15A NCAC 07H .1405.
Citation: 15A NCAC 02H .0507(c), 15A NCAC 07H. 1400 et seq.
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.
22. 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 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
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
Noah+ CARD -NA " 919.707.9000
Dogwood Park Dam Repair
DWR# 20230847
Individual Certification #WQC006158
Page 14 of 15
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. 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.
24. 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.
25. 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,
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
Noah+ CARD -NA " 919.707.9000
Dogwood Park Dam Repair
DWR# 20230847
Individual Certification #WQC006158
Page 15 of 15
would cause or contribute to a violation of standards, or would result in secondary or
cumulative impacts.
26. 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 91h day of August 2023
DocuSigned by:
A444tw H P.: 41"
F161FB69A2D84A3...
Andrew H. Pitner, P.G. Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office, DEQ
North Carolina Department of Environmental Quality I Division of Water Resources
D Q�� 512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611
NORTH CAROL NA " 919.707.9000