HomeMy WebLinkAbout20231536_JMS Storage_IP39_Johnston_401_MRT.docx.pdf DocuSign Envelope ID:7CC58ECC-EEFD-41 F5-BB00-F6D41920DF93
a STATE
ROY COOPER = o
Governor
ELIZABETH S.BISER `
Secretary
RICHARD E.ROGERS,JR. NORTH CAROLINA
Director Environmental Quality
January 12, 2024
DWR#20231536
Johnston County
JMS Investments Group, LLC
Attn:Jared Shea
1167 Chisenhall Road
Angier, NC 27539
Delivered via email to: imssitedevelopment@gmail.com
Subject: After-the-Fact Approval of Individual 401 Water Quality Certification with Additional
Conditions
JMS Storage (2752 Plain View Church Road,Angier, NC 27501)
USACE Action ID. No. SAW-2023-01351
Dear Jared Shea:
Attached hereto is a copy of Certification No. WQC006550 issued to Jared Shea and JMS
Investments Group, LLC, dated January 12, 2024. 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.
� North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office 1 3800 Barrett Drive I Raleigh,North Carolina 27609
NORTH CAROLINA
919.791.4200
DocuSign Envelope ID:7CC58ECC-EEFD-41 F5-BB00-F6D41920DF93
JMS Storage
DWR#20231536
Individual Certification#WQC006550
Page 2 of 16
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]. 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).
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
NORTH CAROLINA
!!// Raleigh Regional Office 1 3800 Barrett Drive I Raleigh,North Carolina 27609
�►f 919.791.4200
DocuSign Envelope ID:7CC58ECC-EEFD-41 F5-BB00-F6D41920DF93
JMS Storage
DWR#20231536
Individual Certification#WQC006550
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 Zach Thomas at 919-791-4255 or zachary.thomas@deg.nc.gov if you have any
questions or concerns.
Sincerely,
ocuSigned by:
E�D
a f,
2916E6AB32144F...
Vanessa Manuel, Assistant Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
Electronic cc: Nikki Thomson,Sage Ecological (nthomson@sageecological.com)
Matt Martin, USACE Raleigh Regulatory Field Office (matthew.martin@usace.army.mil)
NCWRC
DWR 401& Buffer Permitting Branch Electronic file/Laserfiche
Filename: 20231536_JMS Storage_IP39_Johsnton_401_MRT.docx
D ��� North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office 1 3800 Barrett Drive I Raleigh,North Carolina 27609
NORTH CAROLNA
MbfEM,—U10-iI f 919.791.4200
DocuSign Envelope ID:7CC58ECC-EEFD-41 F5-BB00-F6D41920DF93
JMS Storage
DWR#20231536
Individual Certification#WQC006550
Page 4 of 16
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #WQC006550 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 Jared Shea and JMS Investments Group, 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 November 9, 2023, and subsequent information on December 4, 2023 and January
11, 2024, by Public Notice issued by the Division on November 14, 2023, and within the Reasonable Period
of Time pursuant to 40 CFR Part 121.6.
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 Amount Mitigation
Approved Approved Amount
Permanent Temporary Required
Riparian Wetlands
W1: Wetland WB—Fill 0.375 acres 0 acres 0.375 credits
W1: Wetland WB—Clearing* 0 acres 0.569 acres 0 credits
W2: Wetland WB—Fill 0.052 acres 0 acres 0.052 credits
W2: Wetland WC—Clearing* 0 acres 0.062 acres 0 credits
Totals: 0.427 acres 0.631 acres 0.427 credits
Intermittent Streams
S1: Clearing/Grubbing/Restoration* 0 linear feet 305 linear feet 0 credits
Totals: 0 linear feet 305 linear feet 0 credits
*Previously unauthorized impact areas to be restored to natural conditions per provided restoration plans and conditions#7.
This approval requires you to follow the conditions listed in the certification below.
CONDITIONS OF CERTIFICATION [15A NCAC 02H .0507(c)]:
1. Mitigation must be provided for the proposed impacts as specified in the table below. The attached
Compensatory Mitigation Responsibility Transfer Form shall be completed and provided to the Division
prior to any impacts occurring. If the Mitigation Provider specified on the attached Form(s)for the
proposed impacts changes after issuance of this Certificate,then the Permittee shall request a revised
Compensatory Mitigation Responsibility Transfer Form from the Division prior to conducting any
impacts.
Compensatory Mitigation Required River and Sub-basin Number
Riparian Wetland 0.427 acres (credits) Neuse/03020201
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
NORTH CAROL NA
!!// Raleigh Regional Office 1 3800 Barrett Drive I Raleigh,North Carolina 27609
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DocuSign Envelope ID:7CC58ECC-EEFD-41 F5-BB00-F6D41920DF93
JMS Storage
DWR#20231536
Individual Certification#WQC006550
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Citation: 15A NCAC 02H.0506(c);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 project must provide for replacement of existing uses through
compensatory mitigation.
ACTIVITY SPECIFIC CONDITIONS OF CERTIFICATION:
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 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 j,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.0502fa);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
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
NORTH CAROLINA
!!// Raleigh Regional Office 1 3800 Barrett Drive I Raleigh,North Carolina 27609
�►f 919.791.4200
DocuSign Envelope ID:7CC58ECC-EEFD-41 F5-BB00-F6D41920DF93
JMS Storage
DWR#20231536
Individual Certification#WQC006550
Page 6 of 16
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
NCACO28.0200,S.L. 2017-145
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.
6. The Permittee shall secure an approved stormwater management plan (SMP) and/or buffer
authorization (if applicable) from the local government 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.
7. The permittee shall provide on-site supervision of stability work including, but not limited to bank
re-sloping, culvert installation, in-stream structure placement, and riparian zone re-establishment,
by an appropriately trained individual.
Citation: 15A NCAC 02H.0506(b)(1) and(2)
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.
8. The Permittee shall provide a monitoring report with photo documentation of post
construction/restoration conditions (via email—zachary.thomas@deq.nc.gov) immediately
following completion and 1 year after. If determined to be necessary, DWR will schedule a site visit
for after construction has been completed.
Citation:15A NCAC 02H.0507(c);15A NCAC 02H.0502(e);15A NCAC 02H.0506(b)(3)
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
NORTH CAROLINA
!!// Raleigh Regional Office 1 3800 Barrett Drive I Raleigh,North Carolina 27609
�►f 919.791.4200
DocuSign Envelope ID:7CC58ECC-EEFD-41 F5-BB00-F6D41920DF93
JMS Storage
DWR#20231536
Individual Certification#WQC006550
Page 7 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. 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.
GENERAL CONDITIONS OF CERTIFICATION:
9. 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.
10. 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.
11. 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
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
NORTH CAROLINA
!!// Raleigh Regional Office 1 3800 Barrett Drive I Raleigh,North Carolina 27609
�►f 919.791.4200
DocuSign Envelope ID:7CC58ECC-EEFD-41 F5-BB00-F6D41920DF93
JMS Storage
DWR#20231536
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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 NCACO28.0200,15A 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.
12. 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 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.
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
NORTH CAROLINA
!!// Raleigh Regional Office 1 3800 Barrett Drive I Raleigh,North Carolina 27609
�►f 919.791.4200
DocuSign Envelope ID:7CC58ECC-EEFD-41 F5-BB00-F6D41920DF93
JMS Storage
DWR#20231536
Individual Certification#WQC006550
Page 9 of 16
13. 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.
14. 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 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.
15. 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
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
NORTH CAROLINA
!!// Raleigh Regional Office 1 3800 Barrett Drive I Raleigh,North Carolina 27609
�►f 919.791.4200
DocuSign Envelope ID:7CC58ECC-EEFD-41 F5-BB00-F6D41920DF93
JMS Storage
DWR#20231536
Individual Certification#WQC006550
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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.
16. 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.
17. 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, 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.
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
NORTH CAROLINA
!!// Raleigh Regional Office 1 3800 Barrett Drive I Raleigh,North Carolina 27609
�►f 919.791.4200
DocuSign Envelope ID:7CC58ECC-EEFD-41 F5-BB00-F6D41920DF93
JMS Storage
DWR#20231536
Individual Certification#WQC006550
Page 11 of 16
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.
18. Bridge deck drains shall not discharge directly into streams or wetlands. Stormwater shall be
directed across the bridge and pre-treated through site-appropriate means to the maximum extent
practicable (e.g. grassed swales, pre-formed scour holes,vegetated buffers, etc.) before entering
streams or wetlands.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c)
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.
19. 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
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)
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
NORTH CAROLINA
!!// Raleigh Regional Office 1 3800 Barrett Drive I Raleigh,North Carolina 27609
�►f 919.791.4200
DocuSign Envelope ID:7CC58ECC-EEFD-41 F5-BB00-F6D41920DF93
JMS Storage
DWR#20231536
Individual Certification#WQC006550
Page 12 of 16
Materials producing color or odor shall not be present in amounts that may cause adverse
impacts on existing wetland uses.
20. 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.
21. 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.
22. 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.
23. 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
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
NORTH CAROLINA
!!// Raleigh Regional Office 1 3800 Barrett Drive I Raleigh,North Carolina 27609
�►f 919.791.4200
DocuSign Envelope ID:7CC58ECC-EEFD-41 F5-BB00-F6D41920DF93
JMS Storage
DWR#20231536
Individual Certification#WQC006550
Page 13 of 16
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.
24. 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.
25. 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.
26. 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 02B
.0231
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
NORTH CAROL NA
!!// Raleigh Regional Office 1 3800 Barrett Drive I Raleigh,North Carolina 27609
���ro��owi� �►f 919.791.4200
DocuSign Envelope ID:7CC58ECC-EEFD-41 F5-BB00-F6D41920DF93
JMS Storage
DWR#20231536
Individual Certification#WQC006550
Page 14 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.
27. 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.
28. 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.
29. 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
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
NORTH CAROLINA
!!// Raleigh Regional Office 1 3800 Barrett Drive I Raleigh,North Carolina 27609
�►f 919.791.4200
DocuSign Envelope ID:7CC58ECC-EEFD-41 F5-BB00-F6D41920DF93
JMS Storage
DWR#20231536
Individual Certification#WQC006550
Page 15 of 16
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.
30. 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 121"day of January 2024
ocuSigned by:
E�D
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2916E6AB32144F...
Vanessa Manuel, Assistant Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
ZT
WQC006550
D ��� North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office 1 3800 Barrett Drive I Raleigh,North Carolina 27609
NORTH CAROL U1Q-11 �f 919.791.4200
DocuSign Envelope ID:7CC58ECC-EEFD-41 F5-BB00-F6D41920DF93
STATE
� 4y
ROY COOPER
Governor
ELIZABETH S.BISER
Secretary `
RICHARD E.ROGERS,f R. NORTH CAROLINA
Director Environmental Quality
COMPENSATORY MITIGATION RESPONSIBILITY TRANSFER FORM
January 12, 2024
Permittee:Jared Shea and JMS Investments Group, LLC DWR Project#20231536
Project Name:JMS Storage County:Johnston
The Division has received a Statement of Availability(SOA)from Wildlands Holdings III, LLC, sponsored
Falling Creek Umbrella Mitigation Bank, specifically for the McClenny Acres II Mitigation Site to satisfy
the mitigation requirements set forth in 401 Individual Certification No. WQC006550 issued to Jared
Shea and JMS Investments Group, LLC, dated January 12, 2024, as provided in the table below.
Compensatory Mitigation River and 8-digit HUC Number
Riparian Wetland 1 0.427 acres (credits) Neuse/03020201
The Permittee must provide a copy of this form to the Mitigation Provider specified above who will then
sign the form to verify receipt of payment and the transfer of the mitigation responsibility. Once the
Mitigation Provider has signed this form, it is the Permittee's responsibility to ensure that a signed copy
of this form is submitted to the Division before conducting any of the authorized impacts.
The Mitigation Provider verifies that the mitigation requirements (credits)shown above, have been
released and are available at the identified bank site(s). By signing below, the Mitigation Provider is
accepting full responsibility for the identified mitigation. As a reminder to the Mitigation Provider, no
more than 25 percent of the total mitigation required by Division can be met through preservation,
unless requested and approved by the Division Director(15A NCAC 02H. 0506(c)(7)).
Signature Authority Name (print):
Signature: Date:
D� � North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office 1 3800 Barrett Drive I Raleigh,North Carolina 27609
NORTH CAROLINA
n.o.m w.f�.n—erw.i� /"� 919.791.4200