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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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Regional Supervisor
Division of Water Resources, Raleigh Regional Office
Department of Environmental Quality
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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
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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�
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Staff Report Submitted on: 1/31/2024
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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
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STAFF REVIEW INFORMATION
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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?*
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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