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HomeMy WebLinkAbout20151258 Ver 3_Terrible Creek WWTP Expansion-Hollowell SOA 01-16-2024_202401164 WATER & LAND' - SOLUTIONS WLS Neuse 01 Umbrella Mitigation Bank Statement of Availability January 16, 2024 U.S. Army Corps of Engineers Kimberly Browning Raleigh Regulatory Field Office 3331 Heritage Trade Center, Suite 105 Wake Forest, NC 27587 Re Project: Terrible Creek WWTP Expansion This document confirms that Town of Fuguay-Varina (Applicant) for the Terrible Creek WWTP Expansion (Project) has expressed an interest to utilize 0.056 Riparian Wetland Mitigation Credits from the Water & Land Solutions, LLC sponsored WLS Neuse 01 Umbrella Mitigation Bank, specifically 0.056 riparian wetland credits from the Hollowell Site, in the Neuse HUC 03020201. As the official Bank Sponsor, Water & Land Solutions, LLC, attests to the fact that mitigation is available for reservation at this time. These mitigation credits are not considered secured, and consequently are eligible to be used for alternate purposes by the Bank Sponsor, until payment in full is received from the Applicant resulting in the issuance of a Mitigation Credit Transfer Certificate by the bank acknowledging that the Applicant has fully secured credits from the bank and the Banker has accepted full responsibility for the mitigation obligation requiring the credits/units. The Banker will issue the Mitigation Credit Transfer Certificate within three (3) days of receipt of the purchase price. Banker shall provide to Applicant a copy of the Mitigation Credit Transfer Certificate and a documented copy of the debit of credits from the Bank Official Credit Ledger(s), indicating the permit number and the resource type secured by the applicant. A copy of the Mitigation Credit Transfer Certificate, with an updated Official Credit Ledger will also be sent to regulatory agencies showing the proper documentation. This Reservation Sales Agreement shall terminate on April 16, 2024, unless extended by written agreement between the Seller and Buyer, and all reserved credits will no longer be held for the project. If any questions need to be answered, please contact me at 239-322-7276. Best Regards, Riane Welbourne Water & Land Solutions, LLC 7721 Six Forks Road, Suite 130 Raleigh, NC 27615 Baker, Caroline D From: Phillips, George L CIV USARMY CESAW (USA) <George.L.Phillips@usace.army.mil> Sent: Wednesday, December 20, 2023 3:12 PM To: jmeyers@fuquay-varina.org; Diebolt, Linda Cc: Thomas, Zachary T; Myers, Joseph M Subject: [External] Provisional NWP 39 Provisional Verification / SAW-2015-02550 / Terrible Creek Wastewater Treatment Plant / Fuquay Varina / Wake County CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious emails with the Report Message button located on your Outlook menu bar on the Home tab. Dear Town of Fuquay-Varina: We have completed our review of your application for a Department of the Army (DA) nationwide permit to discharge fill material within 0.056 acre of potential wetland waters in Fuquay- Varina, in Wake County, North Carolina. Please be advised that U.S. Army Corps of Engineers (Corps) stands ready to take final action on the application. However, Federal law prevents us from doing so until the State Division of Water Resources (NCDWR) has issued or waived a Section 401 Water Quality Certification (WQC). As of this date, the NCDWR has not issued or waived a Section 401 WQC. Therefore, this correspondence does not proffer a final permit, but merely provides notice that we are only able to proffer the final permit on the provision that the 401 WQC is obtained. If you have questions concerning the 401 WQC, contact Zachary Thomas, North Carolina Division of Water Resources, Department of Environment and Natural Resources, Raleigh Regional Office, 3800 Barrett Drive, Raleigh, North Carolina 27609, telephone 919-791-4255 or zachary.thomas@deq.nc.gov. Once NCDWR has issued, waived or denied a Section 401 WQC, you must provide us a copy of that documentation. Receipt of NCDWR's authorization does not obviate the requirement for obtaining a final DA permit prior to commencing the proposed work. After we receive a copy of the NCDWR certification, waiver or denial letter, the final DA permit will be proffered provided there have been no significant project modifications or changes in the Corps' policies during that interim period. Conditions of a WQC will be incorporated as conditions to any final DA permit. Should NCDWR's certification approve a project that is different from that described in the current DA permit application, a modification to the application and the authorization will be required. Please notify us of any such changes when you submit copies of the NCDWR certification. Substantial changes could require the initiation of a new DA permit evaluation process, including issuance of a new public notice. If the NCDWR does not provide a water quality certification, then the DA permit shall be denied without prejudice. If you subsequently obtain a water quality certification, you should reinitiate contact with the Raleigh Regulatory Field Office to determine how to proceed with your permit application. You are cautioned that this is NOT a final action, nor does it authorize any work at this time. Commencement of the proposed work prior to DA final authorization would constitute a violation of Federal laws and subject you to potential enforcement action. Thank you for your time and cooperation. If you have any questions, please contact Lyle Phillips at George. L.Phil lips@usace.army.mi1. Lyle Phillips Regulatory Project Manager US Army Corps of Engineers CE-SAW-RG-R 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 Phone: (919) 588-9200 Fax: (919) 562-0421 Email: George.L.Phillips@usace.army.mil We would appreciate your feedback on how we are performing our duties. Our automated Customer Service Survey is located at https://regulatory.ops.usace.army.mil/customer-service-survey/. Thank you for taking the time to visit this site and complete the survey. Baker, Caroline D From: Diebolt, Linda <Idiebolt@hazenandsawyer.com> Sent: Tuesday, January 16, 2024 10:26 AM To: Morales, Kristina Cc: George.L.Phillips@usace.army.mil; jmeyers@fuquay-varina.org Subject: [External] RE: Request for Additional Information for Terrible Creek Expansion- Wake - DWR#20151258 [SAW-2015-02550] Attachments: Terrible Creek WWTP Expansion -Hollowell SOA 01-16-2024.pdf CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious emails with the Report Message button located on your Outlook menu bar on the Home tab. Kristina, 1) The wetland mitigation Letter of Availability for 0.056 acre of wetlands is attached. 2) For the waterline running down the side of the entrance road for 556 feet in Zone 1, the side of the entrance road where the waterline will be installed presently consists of mowed, maintained lawn grasses. No trees will be removed from the buffer area during installation of the waterline and the existing permanent maintained corridor will be used as the permanent maintained corridor for the newly installed waterline. In summary, no trees will be removed for installation of the waterline and the existing maintained roadside area will be the permanent maintained corridor for the newly installed waterline. See snippet below with the (poorly drawn) arrow denoting the existing maintained corridor that will be used in the future for the waterline corridor. Please let me know if you have any additional questions. Sincerely, Linda Linda Diebolt Associate I HAZEN AND SAWYER 4011 WestChase Boulevard, Suite 500, Raleigh, NC 27607 919 863-9256 (direct) 919 906-1775 (cell) Idiebolt(a-)hazenandsawyer.com I haze nandsawyer.com From: Morales, Kristina <kristina.morales@deq.nc.gov> Sent: Tuesday, January 9, 2024 9:47 AM To: Diebolt, Linda <Idiebolt@hazenandsawyer.com> Cc: George. L.Phillips@usace.army.mil; jmeyers@fuquay-varina.org Subject: Request for Additional Information for Terrible Creek Expansion- Wake - DWR#20151258 [SAW-2015-02550] You don't often get email from kristina.morales@deq.nc.gov. Learn why this is important Caution! External email — think before -you click Hi Linda, After reviewing your application, I have the following comments that need to be addressed. 1. As mentioned in our phone call this morning, it looks like the total fill is now greater than 0.1 acres of wetland (when accounting for previous versions) so the impact will trigger mitigation. Please provide a mitigation plan that conforms to the requirements of 15A NCAC 02H .0500 for 0.056 acres of wetlands. The mitigation plan may include payment to a local mitigation bank or in -lieu fee program or on -site mitigation. [15A NCAC 02H .0506(c)] 2. Additionally, for the water line that is being run and impacting 556 ft of Zone 1, please provide details on the size of the permanent maintenance corridor, if applicable. Please note that the application will be considered "on hold" until a complete response is received. Let me know if you have any questions. Best, Kristina Morales, PhD (she/her/ella) Environmental Specialist, DWR North Carolina Department of Environmental Quality Raleigh Regional Office 3800 Barrett Drive Raleigh, NC 27609 Office: 919.791.4258 kristina.morales@deq.nc.gov D,EQi Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. Email correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties by an authorized state official. DocuSign Envelope ID: 628AOEA9-93FA-4E13-8CE2-C88DDCFE27DD ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality January 30, 2024 DWR # 20151258 v3 Wake County Town of Fuquay-Varina Attn: Jay Meyers 134 N. Main Street Fuquay-Varina, NC 27526 Delivered via email to: imeyers@fuguay-varina.or Subject: Approval of Individual 401 Water Quality Certification Terrible Creek WWTP Expansion USACE Action ID. No. SAW-2015-02550 Dear Jay Meyers: Attached hereto is a copy of Certification No. WQC006571 issued to Jay Meyers and the Town of Fuquay- Varina dated January 30, 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 4NORT�HGl� Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609 oePenmemmenmmnmenmi NoarHcaaoui919.791.4200 auai\ /� DocuSign Envelope ID: 628AOEA9-93FA-4E13-8CE2-C88DDCFE27DD Terrible Creek WWTP Expansion DWR# 20151258 v3 Individual Certification #WQC006571 Page 2 of 17 Upon the presentation of proper credentials, the Division may inspect the property. This Water Quality Certification shall expire on the same day as the expiration date of the corresponding Section 404 Permit. The conditions shall remain in effect for the life of the project, regardless of the expiration date of this Water Quality Certification. Non-compliance with or violation of the conditions herein set forth may result in revocation of this Water Quality Certification for the project and may also result in criminal and/or civil penalties. If you are unable to comply with any of the conditions of this Water Quality Certification you must notify the Raleigh Regional Office within 24 hours (or the next business day if a weekend or holiday) from the time the permittee becomes aware of the circumstances. The permittee shall report to the Raleigh Regional Office any noncompliance with, and/or any violation of, stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the permittee became aware of the non-compliance circumstances. This approval and its conditions are final and binding unless contested [G.S. 143-215.5]. This Certification can be contested as provided in Chapter 150B of the North Carolina General Statutes by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter 150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code. Additional information regarding requirements for filing a Petition and Petition forms may be accessed at 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 E Q�� Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609 NORTH CAROLINA �/ 919.791.4200 uepanmem ut enmmnmenrai aeai� DocuSign Envelope ID: 628AOEA9-93FA-4E13-8CE2-C88DDCFE27DD Terrible Creek WWTP Expansion DWR# 20151258 v3 Individual Certification #WQC006571 Page 3 of 17 This letter completes the Division's review under section 401 of the Clean Water Act and 15A NCAC 02H .0500. Please contact Kristina Morales at 919-791-4258 or kristina.morales@deg.nc.gov if you have any questions or concerns. Sincerely, gDocuSigned by: 372DCBC861 EE4A8... Michael Hall Regional Supervisor Division of Water Resources, Raleigh Regional Office Department of Environmental Quality Electronic cc: Linda Diebolt, Hazen and Sawyer George L. Phillips, USACE Raleigh Regulatory Field Office Gabriela Garrison, NCWRC DWR 401 & Buffer Permitting Branch Electronic file/Laserfiche Filename: 201512580Terrible Creek IP39 Wake 401 MRT.docx North Carolina Department of Environmental Quality I Division of Water Resources NORTH CAROLINA v Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609 919.791.4200 oePere�am of �mronmanui o�si� DocuSign Envelope ID: 628AOEA9-93FA-4E13-8CE2-C88DDCFE27DD Terrible Creek WWTP Expansion DWR# 20151258 v3 Individual Certification #WQC006571 Page 4 of 17 NORTH CAROLINA 401 WATER QUALITY CERTIFICATION CERTIFICATION # WQC006571 is issued in conformity with the requirements of Section 401, Public Laws 92-500 and 95-217 of the United States and subject to North Carolina's Regulations in 15 NCAC 02H .0500 and 15A NCAC 02B .0200, to Jay Meyers and Town of Fuquay Varina, 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 16, 2023, and subsequent information on January 16, 2024, and 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 Approved Permanent Amount Approved Temporary Mitigation Amount Required Non -Riparian Wetlands W1: Fill 0.056 acres 0 acres 0.056 credits This approval requires you to follow the conditions listed in the certification below. CONDITIONS OF CERTIFICATION [15A NCAC 02H .0507(c)l: 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 Wetland 0.056 acres (credits) Neuse River Basin (03020201) 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. North Carolina Department of Environmental Quality I Division of Water Resources D E Q�� Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609 NORTH CAROLINA �/ 919.791.4200 uepanmem ut enmmnmenrai aeai� DocuSign Envelope ID: 628AOEA9-93FA-4E13-8CE2-C88DDCFE27DD Terrible Creek WWTP Expansion DWR# 20151258 v3 Individual Certification #WQC006571 Page 5 of 17 ACTIVITY SPECIFIC CONDITIONS OF CERTIFICATION [GC 42631: 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),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. If this Water Quality Certification is used for utility related impacts, then the following Activity Specific Conditions shall apply to those impacts. a. All sewer lines shall be designed, constructed and maintained in accordance with Title 15A NCAC Chapter 02T, applicable Minimum Design Criteria (MDC), and/or Alternative Design North Carolina Department of Environmental Quality I Division of Water Resources D E Q�� Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609 NORTH CAROLINA �/ 919.791.4200 uepanmem ut enmmnmenrai aeai� DocuSign Envelope ID: 628AOEA9-93FA-4E13-8CE2-C88DDCFE27DD Terrible Creek WWTP Expansion DWR# 20151258 v3 Individual Certification #WQC006571 Page 6 of 17 Criteria. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) Justification: The referenced Minimum Design criteria and 02T rules were adopted to ensure that conditions of waters be suitable for all best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and maintenance of biological integrity; wildlife: secondary contact recreation: agriculture), and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. b. Any utility construction corridor that is parallel to a stream or open water shall not be closer than 10 feet to the top of bank or ordinary high-water mark. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. In determining that the proposed activity will comply with state water quality standards (including designated uses, numeric criteria, narrative criteria and the state's antidegradation policy), the Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards or would result in secondary or cumulative impacts. c. Where there are temporary or permanent impacts from stream crossings, utility lines shall cross the stream channel at a near -perpendicular direction (i.e., between 75 degrees and 105 degrees to the stream bank). Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c) Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. In determining that the proposed activity will comply with state water quality standards (including designated uses, numeric criteria, narrative criteria and the state's antidegradation policy), the Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards or would result in secondary or cumulative impacts. d. Construction corridors in wetlands and/or across stream channels shall be minimized to the maximum extent practicable and shall not exceed 40 feet wide for utility lines. For construction corridors in wetlands and across stream channels, stumps shall be grubbed only as needed to install the utility and remaining stumps shall be cut off at grade level. The general stripping of topsoil within wetlands along the construction corridor is prohibited. Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c) Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. In determining that the proposed activity will comply with state water quality standards (including designated uses, numeric criteria, narrative criteria and the state's antidegradation policy), the Division must evaluate North Carolina Department of Environmental Quality I Division of Water Resources D E Q�� Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609 NORTH CAROLINA �/ 919.791.4200 uepanmem ut enmmnmenrai aeai� DocuSign Envelope ID: 628AOEA9-93FA-4E13-8CE2-C88DDCFE27DD Terrible Creek WWTP Expansion DWR# 20151258 v3 Individual Certification #WQC006571 Page 7 of 17 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. e. Permanent maintained access corridors in wetlands and across stream channels shall be restricted to the minimum width practicable and shall not exceed 30 feet wide except at manhole locations. Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c) Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. In determining that the proposed activity will comply with state water quality standards (including designated uses, numeric criteria, narrative criteria and the state's antidegradation policy), the Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards or would result in secondary or cumulative impacts. For all utility lines constructed within wetlands, an anti -seep collar shall be placed at the downstream (utility line gradient) wetland boundary and every 150 feet up the gradient until the utility exits the wetland. Anti -seep collars may be constructed with class B concrete, compacted clay, PVC pipe, or metal collars. Wetland crossings that are directionally drilled, and perpendicular wetland crossings that are open cut and less than 150 feet long do not require anti -seep collars. The compacted clay shall have a specific infiltration of 1 X 10' cm/sec or less. A section and plan view diagram is attached for the anti -seep collars. The following specifications shall apply to class B concrete: i. Minimum cement content, sacks per cubic yard with rounded coarse aggregate 5.0 ii. Minimum cement content, sacks per cubic yard with angular coarse aggregate 5.5 iii. Maximum water -cement ratio gallons per sack 6.8 iv. Slump range 2" to 4" v. Minimum strength - 28-day psi 2,500 Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c) Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. In determining that the proposed 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. g. 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. North Carolina Department of Environmental Quality I Division of Water Resources D E Q Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609 NORTH CAROLINA �/ 919.791.4200 uepanmem ut enmmnmenrai aeai� DocuSign Envelope ID: 628AOEA9-93FA-4E13-8CE2-C88DDCFE27DD Terrible Creek WWTP Expansion DWR# 20151258 v3 Individual Certification #WQC006571 Page 8 of 17 Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c) Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. In determining that the proposed activity will comply with state water quality standards (including designated uses, numeric criteria, narrative criteria and the state's antidegradation policy), the Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards or would result in secondary or cumulative impacts. GENERAL CONDITIONS OF CERTIFICATION: 6. 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. 7. 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. 8. All activities shall be in compliance with any applicable State Regulated Riparian Buffer Rules in Chapter 2B of Title 15A in the North Carolina Administrative Code. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) Justification: The referenced Riparian Buffer rules were adopted to address water quality impairments and further protect existing uses. 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 North Carolina Department of Environmental Quality I Division of Water Resources D E Q Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609 NORTH CAROLINA �/ 919.791.4200 uepanmem ut enmmnmenrai aeai� DocuSign Envelope ID: 628AOEA9-93FA-4E13-8CE2-C88DDCFE27DD Terrible Creek WWTP Expansion DWR# 20151258 v3 Individual Certification #WQC006571 Page 9 of 17 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 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 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 North Carolina Department of Environmental Quality I Division of Water Resources D E Q Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609 NORTH CAROLINA �/ 919.791.4200 uepanmem ut enmmnmenrai aeai� DocuSign Envelope ID: 628AOEA9-93FA-4E13-8CE2-C88DDCFE27DD Terrible Creek WWTP Expansion DWR# 20151258 v3 Individual Certification #WQC006571 Page 10 of 17 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. 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 02B .0200, 15A NCAC 02B .0231 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated uses, and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as 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 North Carolina Department of Environmental Quality I Division of Water Resources D E Q Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609 NORTH CAROLINA �/ 919.791.4200 uepanmem ut enmmnmenrai aeai� DocuSign Envelope ID: 628AOEA9-93FA-4E13-8CE2-C88DDCFE27DD Terrible Creek WWTP Expansion DWR# 20151258 v3 Individual Certification #WQC006571 Page 11 of 17 Transportation Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams, and other diversion structures shall be used to minimize excavation in flowing water. Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c), 15A NCAC 02B .0200 Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated uses, and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters, for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall not be increased. 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. North Carolina Department of Environmental Quality I Division of Water Resources D E Q�� Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609 NORTH CAROLINA �/ 919.791.4200 uepanmem ut enmmnmenrai aeai� DocuSign Envelope ID: 628AOEA9-93FA-4E13-8CE2-C88DDCFE27DD Terrible Creek WWTP Expansion DWR# 20151258 v3 Individual Certification #WQC006571 Page 12 of 17 For structures less than 72" in diameter/width, and topographic constraints indicate culvert slopes of greater than 2.5% culvert burial is not required, provided that all alternative options for flattening the slope have been investigated and aquatic life movement/connectivity has been provided when possible (e.g. rock ladders, cross -vanes, sills, baffles etc.). Notification, including supporting documentation to include a location map of the culvert, culvert profile drawings, and slope calculations, shall be provided to DWR 30 calendar days prior to the installation of the culvert. When bedrock is present in culvert locations, culvert burial is not required, provided that there is sufficient documentation of the presence of bedrock. Notification, including supporting documentation such as a location map of the culvert, geotechnical reports, photographs, etc. shall be provided to DWR a minimum of 30 calendar days prior to the installation of the culvert. If bedrock is discovered during construction, then DWR shall be notified by phone or email within 24 hours of discovery. Installation of culverts in wetlands shall ensure continuity of water movement and be designed to adequately accommodate high water or flood conditions. When roadways, causeways, or other fill projects are constructed across FEMA-designated floodways or wetlands, openings such as culverts or bridges shall be provided to maintain the natural hydrology of the system as well as prevent constriction of the floodway that may result in destabilization of streams or wetlands. The establishment of native woody vegetation and other soft stream bank stabilization techniques shall be used where practicable instead of rip -rap or other bank hardening methods. Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. Ensuring that structures are installed properly in waters will ensure that surface water quality standards are met and conditions of waters are suitable for all best uses. 16. 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. 17. 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, North Carolina Department of Environmental Quality I Division of Water Resources D E Q�� Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609 NORTH CAROLINA �/ 919.791.4200 uepanmem ut enmmnmenrai aeai� DocuSign Envelope ID: 628AOEA9-93FA-4E13-8CE2-C88DDCFE27DD Terrible Creek WWTP Expansion DWR# 20151258 v3 Individual Certification #WQC006571 Page 13 of 17 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) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 18. 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. 19. 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. 20. 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 North Carolina Department of Environmental Quality I Division of Water Resources D E Q Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609 NORTH CAROLINA �/ 919.791.4200 uepanmem ut enmmnmenrai aeai� DocuSign Envelope ID: 628AOEA9-93FA-4E13-8CE2-C88DDCFE27DD Terrible Creek WWTP Expansion DWR# 20151258 v3 Individual Certification #WQC006571 Page 14 of 17 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. 21. Any rip -rap required for proper culvert placement, stream stabilization, or restoration of temporarily disturbed areas shall be restricted to the area directly impacted by the approved construction activity. All rip -rap shall be placed such that the original streambed elevation and streambank contours are restored and maintained and shall consist of clean rock or masonry material free of debris or toxic pollutants. Placement of rip -rap or other approved materials shall not result in de -stabilization of the stream bed or banks upstream or downstream of the area or be installed in a manner that precludes aquatic life passage. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. The Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards, or would result in secondary or cumulative impacts. 22. Any rip -rap used for stream or shoreline stabilization shall be of a size and density to prevent movement by wave, current action, or stream flows, and shall consist of clean rock or masonry material free of debris or toxic pollutants. Rip -rap shall not be installed in the streambed except in specific areas required for velocity control and to ensure structural integrity of bank stabilization measures. Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c), 15A NCAC 02B .0201 Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. The Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards, or would result in secondary or cumulative impacts. 23. 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. North Carolina Department of Environmental Quality I Division of Water Resources D E Q�� Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609 NORTH CAROLINA �/ 919.791.4200 uepanmem ut enmmnmenrai aeai� DocuSign Envelope ID: 628AOEA9-93FA-4E13-8CE2-C88DDCFE27DD Terrible Creek WWTP Expansion DWR# 20151258 v3 Individual Certification #WQC006571 Page 15 of 17 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. All mechanized equipment operated near surface waters shall be inspected and maintained regularly to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids, or other toxic materials. Construction shall be staged in order to minimize the exposure of equipment to surface waters to the maximum extent practicable. Fueling, lubrication, and general equipment maintenance shall be performed in a manner to prevent, to the maximum extent practicable, contamination of surface waters by fuels and oils. Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c), 15A NCAC 02B .0200, 15A NCAC 02B .0231 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated uses. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses, and (3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 25. Heavy equipment working in wetlands shall be placed on mats or other measures shall be taken to minimize soil disturbance and compaction. Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c), 15A NCAC 02B .0231 Justification: Wetland standards require maintenance or enhancement of existing uses of wetlands such that hydrologic conditions necessary to support natural biological and physical characteristics are protected, populations of wetland flora and fauna are maintained to protect biological integrity of the wetland; and materials or substances are not present in amounts that may cause adverse impact on existing wetland uses. 26. In accordance with 143-215.85(b), the permittee shall report any petroleum spill of 25 gallons or more; any spill regardless of amount that causes a sheen on surface waters; 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 North Carolina Department of Environmental Quality I Division of Water Resources D E Q Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609 NORTH CAROLINA �/ 919.791.4200 uepanmem ut enmmnmenrai aeai� DocuSign Envelope ID: 628AOEA9-93FA-4E13-8CE2-C88DDCFE27DD Terrible Creek WWTP Expansion DWR# 20151258 v3 Individual Certification #WQC006571 Page 16 of 17 contain or divert the substances to prevent entry into the surface waters. Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and maintenance of biological integrity; wildlife, secondary contact recreation; agriculture), and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. 27. The permittee and their authorized agents shall conduct all activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal Law. Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. The Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards, or would result in secondary or cumulative impacts. 28. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this certification in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this Water Quality Certification. A copy of this Water Quality Certification shall be available at the project site during the construction and maintenance of this project. Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c) Justification: Those actually performing the work should be aware of the requirements of this 401 Water Quality Certification to minimize water quality impacts. This approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 Permit. The conditions in effect on the date of issuance shall remain in effect for the life of the project, regardless of the expiration date of this Certification. [15A NCAC 02H .0507(c)] Thisbtthrre.gned 3'0t�h: day of January 2024 t'vl,l(,I�,OLf,I, RA 72D 8C86 EE4A8... IVIVae Hal Regional Supervisor Division of Water Resources, Raleigh Regional Office Department of Environmental Quality KM WQC006571 North Carolina Department of Environmental Quality I Division of Water Resources D E Q�� Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609 NORTH CAROLINA �/ 919.791.4200 uepanmem ut enmmnmenrai aeai� DocuSign Envelope ID: 628AOEA9-93FA-4E13-8CE2-C88DDCFE27DD ROY COOPER lktf Governor ELIZABETH S. BISERSecretary RICHARD E. ROGERS,JR. NORTH CAROLINA Director Environmental Quality COMPENSATORY MITIGATION RESPONSIBILITY TRANSFER FORM January 30, 2024 Permittee: Jay Meyers and the Town of Fuquay-Varina DWR Project #20151258 v3 Project Name: Terrible Creek WWTP Expansion County: Wake The Division has received a Statement of Availability (SOA) from the Water & Land Solutions, LLC sponsored WLS Neuse 01 Umbrella Mitigation Bank for the Hollowell Site (Mitigation Provider) to satisfy the mitigation requirements set forth in 401 Individual Certification No. WQC006571 issued to Jay Meyers and the Town of Fuquay-Varina, dated January 30, 2024 as provided in the table below. Compensatory Mitigation River and 8-digit HUC Number Non -Riparian Wetland 1 0.056 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 E Q�J/ North Carolina Department of Environmental Quality I Division of Water Resources !� Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609 NORrH CAROLNA 919.791.4200 oeparrmem or eartruamemai aaaZ� Please note: fields marked with a red asterisk below are required. You will not be able to submit the form until all mandatory questions are answered. Staff Report Submitted on: 1/31/2024 This will be filled in automatically. PROJECT INFORMATION ID#: Version: 20151258 3 Project Name: Terrible Creek Expansion Project County(ies): Wake Contact Emails: Idiebolt@hazenandsawyer.com George.L.Phillips@usace.army.mil jmeyers@fuquay-varina.org PROJECT FOLDER ACCESS Click here to log in to see the project information submitted. STAFF REVIEW INFORMATION Check all agencies that need to receive notification of your decision. DCM WRC DMS Does this complete the review for this project? * Yes - Review Complete No - Still in Review No - Place is hold This updates the progress status for this project in Laserfiche. What types of information are you providing about this project?* Decision Letter Duplicate Information Placed on Hold More Info Received More Info Requested Staff Notes REVIEW COMPLETION DECISION INFORMATION Has your decision letter been uploaded into Laserfiche? Yes - Uploaded separately Yes - Attaching it to this form No - Sent for signature (TPB Unit Only) N/A Please select the type of decision made. Approval Letter Date decision letter written * 1 /30/2024 Decision Letter* 20151258v3_Terrible Creek_IP39_Wake_401_MRT.pdf 1.12MB PDF and MSG MORE INFORMATION RECEIVED Are you attaching the information you received?* Yes No Date Information Received: * 01/16/2024 More Information Received* Terrible Creek WWTP Expansion -Hollowell SOA 01-16-2024.pdf 43.78KB _External_ RE_ Request for Additional Information for Terrible Creek 746.5KB Expansion- Wake - DWR#20151258 _SAW-2015-02550_.msg External Provisional NWP 39 Provisional Verification SAW-2015-02550 192KB Terrible Creek Wastewater Treatment Plant Fuquay Varina .msg