HomeMy WebLinkAbout20211671 Ver 2_Approval Letter_20240419DocuSign Envelope ID: BB482A2F-B03A-4EFF-A8BB-37F6A5E8EC2F
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
April 19, 2024
DWR # 20211671 v2
Johnston County
Marin Woods, LLC
Attn: Reid Smith
114 W. Main Street, Suite 102
Clayton, NC 27520
Delivered via email to: dave@hearthpointe.com
Subject: Approval of Individual 401 Water Quality Certification — After the Fact
Marin Woods Subdivision
USACE Action ID. No. SAW-2021-01899
Dear Chris Simmering:
Attached hereto is a copy of Certification No. WQC006783 issued to Reid Smith and Marin
Woods Subdivision, LLC, dated April 19, 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
North Carolina Department of Environmental Quality I Division of Water Resources
D��� Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609
NOR1H CAROL Na 919.791.4200
DocuSign Envelope ID: BB482A2F-B03A-4EFF-A8BB-37F6A5E8EC2F
Marin Woods Subdivision —After the Fact
DWR# 20211671 v2
Individual Certification #WQC006783
Page 2 of 13
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 Raleigh Regional Office within 24 hours (or the next business day if a weekend
or holiday) from the time the permittee becomes aware of the circumstances.
The permittee shall report to the Raleigh Regional Office any noncompliance with, and/or any
violation of, stream or wetland standards [15A NCAC 02B .0200] including but not limited to
sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours
(or the next business day if a weekend or holiday) from the time the permittee became aware
of the non-compliance circumstances.
This approval and its conditions are final and binding unless contested [G.S. 143-215.5]. Please
be aware that impacting waters without first applying for and securing the issuance of a 401 Water
Quality Certification violates Title 15A of the North Carolina Administrative Code (NCAC) 2H .0500. Title
15A NCAC 2H .0500 requires certifications pursuant to Section 401 of the Clean Water Act whenever
construction or operation of facilities will result in a discharge into navigable waters, including wetlands,
as described in 33 Code of Federal Regulations (CFR) Part 323. It also states any person desiring
issuance of the State certification or coverage under a general certification required by Section 401 of
the Federal Water Pollution Control Act shall file with the Director of the North Carolina Division of
Water Quality. Pursuant to G.S. 143-215.6A, these violations and any future violations are subject to a
civil penalty assessment of up to a maximum of $25,000.00 per day for each violation.
This Certification can be contested as provided in Chapter 150B of the North Carolina General
Statutes by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office
of Administrative Hearings (OAH) within sixty (60) calendar days. Requirements for filing a
Petition are set forth in Chapter 150B of the North Carolina General Statutes and Title 26 of the
North Carolina Administrative Code. Additional information regarding requirements for filing a
Petition and Petition forms may be accessed at http://www.ncoah.comor by calling the OAH
Clerk's Office at (919) 431-3000.
NORTH CAROLINAD � fl
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North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609
919.791.4200
DocuSign Envelope ID: BB482A2F-B03A-4EFF-A8BB-37F6A5E8EC2F
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
Marin Woods Subdivision —After the Fact
DWR# 20211671 v2
Individual Certification #WQC006783
Page 3 of 13
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).
This letter completes the Division's review under section 401 of the Clean Water Act and 15A
NCAC 02H .0500. Please contact Joe Myers at 919-791-4256 or joseph.myers@deg.nc.gov if you
have any questions or concerns.
Sincerely,
� nnDo''c��u,,Siiwgeene''d by:
Vv
372DCBCB61EE4A8...
Michael Hall
Regional Supervisor
Division of Water Resources, Raleigh Regional Office
Department of Environmental Quality
cc: Nicole Duprey, Sage Ecological
Matt Martin, USACE Raleigh Regulatory Field Office
Gabriela Garrison, NCWRC
DWR 401 & Buffer Permitting Branch Electronic file/Laserfiche
Filename: 20211671 V2 Marin Woods Subdivision IP29 Johnston 401.docx
North Carolina Department of Environmental Quality I Division of Water Resources
D ��� Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609
NORTH CAROL Na i 919.791.4200
DocuSign Envelope ID: BB482A2F-B03A-4EFF-A8BB-37F6A5E8EC2F
Marin Woods Subdivision —After the Fact
DWR# 20211671 v2
Individual Certification #WQC006783
Page 4 of 13
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #WQC006783 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, Reid Smith and Marin Woods Subdivision, LLC, who
have authorization for the impacts listed below, as described within your application received by
the N.C. Division of Water Resources (Division) on February 20, 2024, subsequent information
received March 19, 2024 and April 10, 2024, fee received February 28, 2024, by Public Notice
issued by the Division on February 27, 2024, 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
Perennial Streams
S1: Sewer Line Installation: Excavation - SB
0 linear feet
51 linear feet
0 credits
S2: SCM Cutfall: Riprap - SB
20 linear feet
0 linear feet
0 credits
Totals:
20 linear feet
51 linear feet
0 credits
Riparian Wetlands
W1: Sewer Line Installation - WA
0 acres
0.165 acres
0 credits
W2: Sewer Line Installation - WA
0 acres
0.001 acres
0 credits
W3: SCM Cutfall - WA
0 acres
0.074 acres
0 credits
W4: Boardwalk/Greenway — WA
0 acres
0.0004 acres
0 credits
Totals:
0 acres
0.2404 acres
0 credits
This approval requires you to follow the conditions listed in the certification below.
NORTH CAROLINAD � fl
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North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609
919.791.4200
DocuSign Envelope ID: BB482A2F-B03A-4EFF-A8BB-37F6A5E8EC2F
Marin Woods Subdivision —After the Fact
DWR# 20211671 v2
Individual Certification #WQC006783
Page 5 of 13
CONDITIONS OF CERTIFICATION [15A NCAC 02H .0507(c)]:
ACTIVITY SPECIFIC CONDITIONS:
1. Any additional impacts to streams and/or wetlands as a result of future roads, buildings,
driveways, utility lines or other development related activities within the development,
or future phases of the development, may be considered cumulative to impacts
approved in this Certification and may require a modification of this 401 Water Quality
Certification approval.
Citation: 15A NCAC 02H .0506,, 15A NCAC 02H .0507(c)
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)
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)
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)
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 Criteria.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
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.
North Carolina Department of Environmental Quality I Division of Water Resources
D ��� Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609
NORTH CAROL NA i 919.791.4200
DocuSign Envelope ID: BB482A2F-B03A-4EFF-A8BB-37F6A5E8EC2F
Marin Woods Subdivision —After the Fact
DWR# 20211671 v2
Individual Certification #WQC006783
Page 6 of 13
Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c)
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)
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)
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)
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
North Carolina Department of Environmental Quality I Division of Water Resources
D ��� Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609
NORTH CAROL NA i 919.791.4200
DocuSign Envelope ID: BB482A2F-B03A-4EFF-A8BB-37F6A5E8EC2F
Marin Woods Subdivision —After the Fact
DWR# 20211671 v2
Individual Certification #WQC006783
Page 7 of 13
Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c)
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)
6. The Permittee shall secure an approved stormwater management plan (SMP) from the
Local Government before any impacts authorized in this certification occur. The
applicable portion of the approved SMP shall be constructed and operational before any
permanent building or other permanent structure is occupied at the site. If any of the
SCMs are used as an Erosion and Sediment Control device, it must be restored to the
approved stormwater design condition within 30 days of close-out of the Erosion and
Sediment Control Plan.
GENERAL CONDITIONS:
7. 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)
8. 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)
9. 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)
10. 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
North Carolina Department of Environmental Quality I Division of Water Resources
��� Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609
Noalr+Cnao-iNa " 919.791.4200
DocuSign Envelope ID: BB482A2F-B03A-4EFF-A8BB-37F6A5E8EC2F
Marin Woods Subdivision —After the Fact
DWR# 20211671 v2
Individual Certification #WQC006783
Page 8 of 13
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.
If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs),
SA, WS-I, WS-II, High Quality Waters (HOW), or Outstanding Resource Waters (ORW),
then the sedimentation and erosion control designs shall comply with the requirements
set forth in 15A NCAC 04B .0124, Design Standards in Sensitive Watersheds.
Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c); 15A NCACO28.0200; 15A
NCAC 028 .0231
11. Sediment and erosion control measures shall not be installed in wetland or waters
except within the footprint of temporary or permanent impacts otherwise authorized by
this Certification. If placed within authorized impact areas, then placement of such
measures shall not be conducted in a manner that results in dis-equilibrium of any
wetlands, streambeds, or streambanks. Any silt fence installed within wetlands shall be
removed from wetlands and the natural grade restored within two (2) months of the
date that DEMLR or locally delegated program has released the specific area within the
project to ensure wetland standards are maintained upon completion of the project.
Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c); 15A NCAC 028.0200; 15A
NCAC 028 .0231
12. 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)
North Carolina Department of Environmental Quality I Division of Water Resources
D ��� Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609
NORTH CAROL NA i 919.791.4200
DocuSign Envelope ID: BB482A2F-B03A-4EFF-A8BB-37F6A5E8EC2F
Marin Woods Subdivision —After the Fact
DWR# 20211671 v2
Individual Certification #WQC006783
Page 9 of 13
13. If the project is covered by NPDES Construction Stormwater Permit Number NCG010000
or NPDES Construction Stormwater Permit Number NCG250000, full compliance with
permit conditions including the erosion & sedimentation control plan, inspections and
maintenance, self -monitoring, record keeping and reporting requirements is required.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 028 .0200; 15A
NCAC 028.0231
14. All work in or adjacent to streams shall be conducted so that the flowing stream does
not come in contact with the disturbed area. Approved best management practices
from the most current version of the NC Sediment and Erosion Control Manual, or the
NC Department of Transportation Construction and Maintenance Activities Manual,
such as sandbags, rock berms, cofferdams, and other diversion structures shall be used
to minimize excavation in flowing water.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 028.0200
15. 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)
16. Culverts shall be designed and installed in such a manner that the original stream
profiles are not altered and allow for aquatic life movement during low flows. The
dimension, pattern, and profile of the stream above and below a pipe or culvert shall
not be modified by widening the stream channel or by reducing the depth of the stream
in connection with the construction activity. The width, height, and gradient of a
proposed culvert shall be such as to pass the average historical low flow and spring flow
without adversely altering flow velocity. If the width of the culvert is wider than the
stream channel, the culvert shall include multiple boxes/pipes, baffles, benches and/or
sills to maintain the natural width of the stream channel. If multiple
culverts/pipes/barrels are used, low flows shall be accommodated in one culvert/pipe
and additional culverts/pipes shall be installed such that they receive only flows above
bankfull.
Placement of culverts and other structures in streams shall be below the elevation of
the streambed by one foot for all culverts with a diameter greater than 48 inches, and
20% of the culvert diameter for culverts having a diameter less than or equal to 48
inches, to allow low flow passage of water and aquatic life. If the culvert outlet is
submerged within a pool or scour hole and designed to provide for aquatic passage,
then culvert burial into the streambed is not required.
For structures less than 72" in diameter/width, and topographic constraints indicate
culvert slopes of greater than 2.5% culvert burial is not required, provided that all
North Carolina Department of Environmental Quality I Division of Water Resources
��� Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609
Noalr+Cnao-iNa " 919.791.4200
DocuSign Envelope ID: BB482A2F-B03A-4EFF-A8BB-37F6A5E8EC2F
Marin Woods Subdivision —After the Fact
DWR# 20211671 v2
Individual Certification #WQC006783
Page 10 of 13
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)
17. 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)
18. 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 028 .0200,,15A NCAC
028.0231
19. 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.
North Carolina Department of Environmental Quality I Division of Water Resources
D ��� Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609
NORTH CAROL NA i 919.791.4200
DocuSign Envelope ID: BB482A2F-B03A-4EFF-A8BB-37F6A5E8EC2F
Marin Woods Subdivision —After the Fact
DWR# 20211671 v2
Individual Certification #WQC006783
Page 11 of 13
Citation: 15A 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200,,15A NCAC
02B.0231
20. 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)
21. All proposed and approved temporary pipes/culverts/rip-rap pads etc. in streams or
wetlands shall be installed as outlined in the most recent edition of the North Carolina
Sediment and Erosion Control Planning and Design Manual or the North Carolina Surface
Mining Manual or the North Carolina Department of Transportation Best Management
Practices for Construction and Maintenance Activities so as not to restrict stream flow or
cause dis-equilibrium during use of this Certification.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
22. 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)
23. 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
24. 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 ��� Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609
NORTH CAROL NA i 919.791.4200
DocuSign Envelope ID: BB482A2F-B03A-4EFF-A8BB-37F6A5E8EC2F
Marin Woods Subdivision —After the Fact
DWR# 20211671 v2
Individual Certification #WQC006783
Page 12 of 13
25. 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
26. 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
27. 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)
28. 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)
29. 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)
North Carolina Department of Environmental Quality I Division of Water Resources
D ��� Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609
NORTH CAROL NA i 919.791.4200
DocuSign Envelope ID: BB482A2F-B03A-4EFF-A8BB-37F6A5E8EC2F
Marin Woods Subdivision —After the Fact
DWR# 20211671 v2
Individual Certification #WQC006783
Page 13 of 13
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 19th day of April 2024,
IA
nDoc�u,Siwgene'd by:
CtI'�/u��l� W
372DCBCB61EE4A8...
Michael Hall
Regional Supervisor
Division of Water Resources, Raleigh Regional Office
Department of Environmental Quality
North Carolina Department of Environmental Quality I Division of Water Resources
D ��� Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609
NORTH CAROL Na i 919.791.4200