HomeMy WebLinkAboutSW6231205_Wetland Determination/Report_20240416 (3) 44.
ROY COOPER i ;, , .L
Governor ��� �� ��� �
ELIZABETH S.BISER �m a'�* -2/r
Secretary ;,44 +vivo'/
RICHARD E.ROGERS,JR. NORTH CAROLINA
Director Environmental Quality
January 23, 2024
DWR#20231691
Harnett County
Meritage Homes—Raleigh Division
Attn: Chris Mehl
3300 Paramount Parkway
Raleigh, NC 27560
Delivered via email to: Chris.Meh.@meritagehomes.com
Subject: Approval of Individual 401 Water Quality Certification
Gardner Farms Subdivision
USACE Action ID. No. SAW-2022-02632
Dear Mr. Mehl:
Attached hereto is a copy of Certification No. WQC006576 issued to Chris Mehl and Meritage Homes—
Raleigh Division, dated January 23, 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
1610 Nh Carolina Department of Em Q I D Resources
512ort North Salisbury Street 11611nvi Mail Service Centeruality I Raleighivisionof,NorthWater Carolina 27699-1611
o p,n, m e ;o may ni oai\ r 919.707.9000
Gardner Farms Subdivision
DWR#20231691
Individual Certification#WQC006576
Page 2 of 14
by virtue of this Water Quality Certification to possess any prescriptive or other right of priority with
respect to any other consumptive user.
Upon the presentation of proper credentials,the Division may inspect the property.
This Water Quality Certification shall expire on the same day as the expiration date of the corresponding
Section 404 Permit. The conditions shall remain in effect for the life of the project, regardless of the
expiration date of this Water Quality Certification.
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 Fayetteville 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 Fayetteville 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 150B-23(a).
This letter completes the Division's review under section 401 of the Clean Water Act and 15A NCAC 02H
.0500. Please contact Chad Turlington at(910)433-3320 or chad.turlington@deq.nc.gov if you have any
questions or concerns.
..,,,j0 North Carolina Department of Environmental Quality Division of Water Resources
225 Green Street,Suite 714 I Fayetteville,North Caroling 28301
NORTH CAROUNA 910.433.3300
g Drro hM of Environmental Dualt;
Gardner Farms Subdivision
DWR#20231691
Individual Certification#WQC006576
Page 3 of 14
Sincerely,
,-DocuSigned by:
1444 br
"-E4E1A9691 DB248E...
Mark Brantley
Assistant Regional Supervisor
Division of Water Resources
Water Quality Regional Operations Section
Electronic cc: George Bucholz—Colliers Engineering and Design (email)
Katharine Elks, USACE Wilmington Regulatory Field Office (email)
DWR 401 & Buffer Permitting Branch Electronic file
..,,,j0 North Carolina Department of Environmental Quality Division of Water Resources
225 Green Street,Suite 714 I Fayetteville,North Caroling 28301
NORTH CAROUNA 910.433.3300
g Drro hM of Environmental Dualt;
Gardner Farms Subdivision
DWR#20231691
Individual Certification#WQC006576
Page 4 of 14
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #WQC006576 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 Chris Mehl and Meritage Homes—Raleigh Division, who have authorization
for the impacts listed below, as described within your application received by the N.C. Division of Water
Resources (Division) on December 14, 2023 and subsequent information on December 20, 2023,
December 21, 2023 and January 22, 2024, and by Public Notice issued by the Division December 13, 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 Amount Approved Mitigation Amount
Permanent Temporary Required
Perennial Streams
S1-Sanitary Sewer linear feet 38 linear feet credits
Crossing
Totals: linear feet 38 linear feet credits
Riparian Wetlands
W1 -Sanitary Sewer acres 0.144 acres credits
Easement
Totals: acres 0.144 acres credits
This approval requires you to follow the conditions listed in the certification below.
CONDITIONS OF CERTIFICATION [15A NCAC 02H .0507(c)]:
1. The Permittee shall secure an approved stormwater management plan (SMP)from Town of
Angier before any impacts authorized in this certification occur.The applicable portion of the
approved SMP shall be constructed and operational before any permanent building or other
permanent structure is occupied at the site. If any of the SCMs are used as an Erosion and
Sediment Control device, it must be restored to the approved stormwater design condition
within 30 days of close-out of the Erosion and Sediment Control Plan.
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.
E Q North225 Carolina Department of Environmental Quality Division of Water Resources
InGreen Street,Suite 714 I Fayetteville,North Caroling 28301
NORTH CAROLINA 910.433.3300
g Drro hM of Environmental Dualt;
Gardner Farms Subdivision
DWR#20231691
Individual Certification#WQC006576
Page 5 of 14
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 an tide gradation 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. 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 an tide gradation 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. 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 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)
Q North Carolina Department of Environmental Quality 1 Division of Water Resources
225 Green Street,Suite 7141 Fayetteville,North Carotin$28301
NORTH CAROLINA 910.433.3300
Devfebmeet of Environmental Qua;
Gardner Farms Subdivision
DWR#20231691
Individual Certification#WQC006576
Page 6 of 14
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 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
Q North
225 Carolina Department of Environmental Quality Division of Water Resources
......
Green Street,Suite 7141 Fayetteville,North Carotin$28301
NORTH CAROLINA 910.433.3300
Devfebmeet of Environmental Qua;
Gardner Farms Subdivision
DWR#20231691
Individual Certification#WQC006576
Page 7 of 14
designated uses, numeric criteria, narrative criteria and the state's an tide gradation
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.
f. For all utility lines constructed within wetlands, an anti-seep collar shall be placed at
the downstream (utility line gradient) wetland boundary and every 150 feet up the
gradient until the utility exits the wetland. Anti-seep collars may be constructed with
class B concrete, compacted clay, PVC pipe, or metal collars. Wetland crossings that
are directionally drilled, and perpendicular wetland crossings that are open cut and
less than 150 feet long do not require anti-seep collars. The compacted clay shall have
a specific infiltration of 1 X 10-5 cm/sec or less. A section and plan view diagram is
attached for the anti-seep collars.
The following specifications shall apply to class B concrete:
i. Minimum cement content, sacks per cubic yard with rounded coarse aggregate 5.0
ii. Minimum cement content, sacks per cubic yard with angular coarse aggregate 5.5
iii. Maximum water-cement ratio gallons per sack 6.8
iv. Slump range 2" to 4"
v. Minimum strength - 28-day psi 2,500
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c)
Justification:A project that affects waters shall not be permitted unless the existing
uses, and the water quality to protect such uses, are protected. In determining that
the proposed activity will comply with state water quality standards (including
designated uses, numeric criteria, narrative criteria and the state's an tide gradation
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.
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 an tide gradation
policy), the Division must evaluate if the activity has avoided and minimized impacts
Q North Carolina Department of Environmental Quality 1 Division of Water Resources
225 Green Street,Suite 7141 Fayetteville,North Carotin$28301
NORTH CAROLINA 910.433.3300
Devfebmeet of Environmental Qua;
Gardner Farms Subdivision
DWR#20231691
Individual Certification#WQC006576
Page 8 of 14
to waters, would cause or contribute to a violation of standards or would result in
secondary or cumulative impacts.
5. The permittee shall report to the DWR Fayetteville 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.
6. 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.
7. When applicable, all construction activities shall be performed and maintained in full
compliance with G.S. Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973).
Regardless of applicability of the Sediment and Pollution Control Act, all projects shall
incorporate appropriate Best Management Practices for the control of sediment and erosion so
that no violations of state water quality standards, statutes, or rules occur.
Design, installation, operation, and maintenance of all sediment and erosion control measures
shall be equal to or exceed the requirements specified in the most recent version of the North
Carolina Sediment and Erosion Control Manual, or for linear transportation projects,the North
Caroline Department of Transportation Sediment and Erosion Control Manual.
All devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) sites,
including contractor-owned or leased borrow pits associated with the project. Sufficient
materials required for stabilization and/or repair of erosion control measures and stormwater
routing and treatment shall be on site at all times.
For borrow pit sites,the erosion and sediment control measures shall be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Surface Mining Manual. Reclamation measures and implementation shall comply with the
reclamation in accordance with the requirements of the Sedimentation Pollution Control Act
and the Mining Act of 1971.
...... Q North Carolina Department of Environmental Quality Division of Water Resources
225 Green Street,Suite 7141 Fayetteville,North Carotin$28301
NORTH CAROLINA 910.433.3300
Devfebmeet of Environmental Queory
Gardner Farms Subdivision
DWR#20231691
Individual Certification#WQC006576
Page 9 of 14
Citation: 15A NCAC 02H.0506(b);15A NCAC 02H.0507(c);15A NCACO28.0200;15A NCAC 02B
.0231
Justification:A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis.As cited in Stream Standards: (12)
Oils, deleterious substances, or colored or other wastes:only such amounts as shall not render
the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or
adversely affect the palatability of fish, 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.
8. 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 028
.0231
Justification:A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis.As cited in Stream Standards: (12)
Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render
the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or
adversely affect the palatability of fish, 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.
9. 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)
Q North225 Carolina Department of Environmental Quality 1 Division of Water Resources
D_ Green Street,Suite 7141 Fayetteville,North Caroti n$28301
NORTH CAROLINA 910 433 3300
Department of Environmental Ouellry
Gardner Farms Subdivision
DWR#20231691
Individual Certification#WQC006576
Page 10 of 14
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.
10. 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 026.0200;15A NCAC 026
.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 of fish, 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. All work in or adjacent to streams shall be conducted so that the flowing stream does not come
in contact with the disturbed area. Approved best management practices from the most current
version of the NC Sediment and Erosion Control Manual, or the NC Department of
Transportation Construction and Maintenance Activities Manual, such as sandbags, rock berms,
cofferdams, and other diversion structures shall be used to minimize excavation in flowing
water.
Citation: 15A NCAC 02H.0506(b);15A NCAC 02H.0507(c);15A NCAC 026.0200
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 of fish, 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
Q North225 Carolina Department of Environmental Quality 1 Division of Water Resources
D_ Green Street,Suite 7141 Fayetteville,North Caroti n$28301
NORTH CAROLINA 910 433 3300
Department of Environmental Ouellry
Gardner Farms Subdivision
DWR#20231691
Individual Certification#WQC006576
Page 11 of 14
shall not exceed 25 NTU;if turbidity exceeds these levels due to natural background conditions,
the existing turbidity level shall not be increased.
12. Application of fertilizer to establish planted/seeded vegetation within disturbed riparian areas
and/or wetlands shall be conducted at agronomic rates and shall comply with all other Federal,
State and Local regulations. Fertilizer application shall be accomplished in a manner that
minimizes the risk of contact between the fertilizer and surface waters.
Citation: 15A 02H.0506(b); 15A NCAC 02H.0507(c);15A NCAC 02B.0200; 15A NCAC 028.0231
Justification:A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis.As cited in Stream Standards: (12)
Oils, deleterious substances, or colored or other wastes:only such amounts as shall not render
the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or
adversely affect the palatability of fish, 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.
13. 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 028.0200;15A NCAC 02B.0231
Justification:A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis.As cited in Stream Standards: (12)
Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render
the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or
adversely affect the palatability of fish, 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.
14. 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.
D Q?) North Carolina Department of Environmental Quality 1 Division of Water Resources
225 Green Street,Suite 7141 Fayetteville,North Carotin$28301
NORTH CAROLINA 910 433 3300
Department of Environmental Ouellry
Gardner Farms Subdivision
DWR#20231691
Individual Certification#WQC006576
Page 12 of 14
15. 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.
16. 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 02E3.0201
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.
17. All mechanized equipment operated near surface waters shall be inspected and maintained
regularly to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids, or
other toxic materials. Construction shall be staged in order to minimize the exposure of
equipment to surface waters to the maximum extent practicable. Fueling, lubrication, and
general equipment maintenance shall be performed in a manner to prevent,to the maximum
extent practicable, contamination of surface waters by fuels and oils.
Citation: 15A NCAC 02H.0506(b);15A NCAC 02H.0507(c); 15A NCAC 028.0200;15A NCAC 028
.0231
Justification:A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis.As cited in Stream Standards: (12)
Oils, deleterious substances, or colored or other wastes:only such amounts as shall not render
the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or
adversely affect the palatability of fish, 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.
Q North225 Carolina Department of Environmental Quality Division of Water Resources
......
Green Street,Suite 7141 Fayetteville,North Carotin$28301
NORTH CAROLINA 910.433.3300
Devfebmeet of Environmental Queory ckd
Gardner Farms Subdivision
DWR#20231691
Individual Certification#WQC006576
Page 13 of 14
18. Heavy equipment working in wetlands shall be placed on mats or other measures shall be taken
to minimize soil disturbance and compaction.
Citation: 15A NCAC 02H.0506(b);15A NCAC 02H.0507(c); 15A NCAC 028.0231
Justification: Wetland standards require maintenance or enhancement of existing uses of
wetlands such that hydrologic conditions necessary to support natural biological and physical
characteristics are protected;populations of wetland flora and fauna are maintained to protect
biological integrity of the wetland;and materials or substances are not present in amounts that
may cause adverse impact on existing wetland uses.
19. In accordance with 143-215.85(b),the permittee shall report any petroleum spill of 25 gallons or
more; any spill regardless of amount that causes a sheen on surface waters; any petroleum spill
regardless of amount occurring within 100 feet of surface waters; and any petroleum spill less
than 25 gallons that cannot be cleaned up within 24 hours.
Citation: 15A NCAC 02H.0507(c);N.C.G.S 143-215.85(b)
Justification: Person(s)owning or having control over oil or other substances upon notice of
discharge must immediately notify the Department, or any of its agents or employees, of the
nature, location, and time of the discharge and of the measures which are being taken or are
proposed to be taken to contain and remove the discharge. This action is required in order to
contain or divert the substances to prevent entry into the surface waters. Surface water quality
standards require that conditions of waters be suitable for all best uses provided for in state rule
(including, at minimum:aquatic life propagation, survival, and maintenance of biological
integrity; wildlife;secondary contact recreation;agriculture); and that activities must not cause
water pollution that precludes any best use on a short-term or long-term basis.
20. 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.
21. 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)
.....-)
North225 Carolina Department of Environmental Quality Division of Water Resources
......
Green Street,Suite 7141 Fayetteville,North Carotin$28301
NORTH CAROLINA 910.433.3300
Devfebmeet of Environmental Queory ckd
Gardner Farms Subdivision
DWR#20231691
Individual Certification#WQC006576
Page 14 of 14
Justification: Those actually performing the work should be aware of the requirements of this
401 Water Quality Certification to minimize water quality impacts.
This approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in
your application shall expire upon expiration of the 404 Permit. The conditions in effect on the date of
issuance shall remain in effect for the life of the project, regardless of the expiration date of this
Certification. [15A NCAC 02H .0507(c)]
This, the 23rd day of January 2024
,-DocuSigned by:
"-E4E1A9691 DB248E...
Mark Brantley
Assistant Regional Supervisor
Division of Water Resources
Water Quality Regional Operations Section
InE Q North Carolina Department of Environmental Quality Division of Water Resources
225 Green Street,Suite 714 I Fayetteville,North Caroling 28301
NORTH CAROUNA 910.433.3300
g Drro hM of Environmental Dualt;