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HomeMy WebLinkAbout20240191 Ver 1_Approval Letter_20240510ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality May 10, 2024 DWR #20240191 Guilford County 101 Chimney Rock, LLC Attn: Brian Hall 5942 Tarleton Drive Oak Ridge, NC 27310 Delivered via email to: bhall@sametcorp.com Subject: Approval of Individual 401 Water Quality Certification Samet Burnt Poplar Road USACE Action ID. No. SAW-2023-02252 Dear Mr. Hall: Attached hereto is a copy of Certification No. WQC006843 issued to Brian Hall and 101 Chimney Rock, LLC, dated May 10, 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. D E Q �J North Carolina Department of Environmental Quality I Division of Water Resources Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Winston-Salem, North Carolina 27105 NORTH C of Envi A 336.776.9800 Deparlmem of Envlronmenml Duali� Samet Burnt Poplar Road DWR #20240191 Individual Certification #WQC006843 Page 2 of 10 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 Winston-Salem 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 Winston-Salem 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.comy 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�� Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Winston-Salem, North Carolina 27105 NORTHCAROLINA 336.776.9800 oepanmem or Eemmemeemi aeei� /`� Samet Burnt Poplar Road DWR #20240191 Individual Certification #WQC006843 Page 3 of 10 This letter completes the Division's review under Section 401 of the Clean Water Act and 15A NCAC 02H .0500. Please contact Seren Homer at 336-776-9698 or seren.homer@deg.nc.gov if you have any questions or concerns. Sincerely, DocuSigned by: OD2D3CE3F187456... Jennifer F. Graznak Assistant Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ— WSRO Electronic cc: Troy Shelton, Dewberry Engineers, Inc. Dylan Irby, Dewberry Engineers, Inc. Laura Meyer, USACE Raleigh Regulatory Field Office Olivia Munzer, NC Wildlife Resources Commission Johnnie Hill, City of Greensboro Water Resources Department DWR 401 & Buffer Permitting Branch Electronic File North Carolina Department of Environmental Quality I Division of Water Resources D E Q Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Winston-Salem, North Carolina 27105 NORTH CAROLINA 336.776.9800 Depa"mem of Environmental Duality Samet Burnt Poplar Road DWR #20240191 Individual Certification #WQC006843 Page 4 of 10 NORTH CAROLINA 401 WATER QUALITY CERTIFICATION CERTIFICATION #WQC006843 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, within the Reasonable Period of Time pursuant to 40 CFR Part 121.6, to Brian Hall and 101 Chimney Rock, LLC, who have authorization for the impacts listed below, as described within your application received by the N.C. Division of Water Resources (DWR or Division) on February 7, 2024 and subsequent information on April 8, 2024, and by Public Notice issued by the Division on February 1, 2024. 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)]. Site / Amount Approved Amount Approved Mitigation Feature ID Type of Impact Permanent Temporary Amount Required Perennial Streams S1 / Culvert/Road Crossing 65 linear feet 30 linear feet 0 credits Stream SA (Dewatering) Totals: 65 linear feet 30 linear feet 0 credits Intermittent Streams S2 / Culvert/Road Crossing 6 linear feet 0 linear feet 0 credits Stream SB Totals: 1 6 linear feet 1 0 linear feet 1 0 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 the local stormwater authority and submit a copy to DWR (via email to seren.homer@deq.nc.gov) 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 stormwater control measures (SCMs) are used as Erosion and Sediment Control devices, they must be restored to the approved stormwater design condition within 30 days of close-out of the Erosion and Sediment Control Plan. If any additional direct or indirect stream or wetland impacts result from final SMP review, the Permittee or their authorized agent shall submit an application to modify the 401 Certification to account for the additional impacts. Any such impact will be considered cumulative to the project. North Carolina Department of Environmental Quality I Division of Water Resources E Q�� Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Winston-Salem, North Carolina 27105 NORTHCAROLINA - 336.776.9800 oepanmem or Eemmemeemi aeei� /`� Samet Burnt Poplar Road DWR #20240191 Individual Certification #WQC006843 Page 5 of 10 Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) 2. All wetlands, streams, and surface waters located within 50 feet of the construction area on the project site shall be clearly marked (example- orange fabric fencing) prior to any land disturbing activities and must be maintained on the property until the project phase is completed. Citation: 15A NCAC 02H .0506(b)(2); 15A NCAC 02H .0507(c) 3. Any final construction plans for this project must include or reference the application and plans approved by DWR under this authorization letter and Certification. The Permittee will also be required to evaluate all acquired permits to assure that they are consistent and all relative impacts are accounted for and shown on the construction plans. Any additional impacts to streams and/or wetlands within the project 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) 4. 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(c),15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) 5. For road construction purposes, this Certification shall only be utilized from natural high ground to natural high ground. Citation: 15A NCAC 02H .0502(c),15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) 6. 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) 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(c);15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) 7. 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) The permittee shall report to the DWR Winston-Salem 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. North Carolina Department of Environmental Quality I Division of Water Resources E Q�� Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Winston-Salem, North Carolina 27105 NORTHCAROLINA - 336.776.9800 oepanmem or Eemmemeemi aeei� /`� Samet Burnt Poplar Road DWR #20240191 Individual Certification #WQC006843 Page 6 of 10 Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) 9. 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) 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 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 (HQW), 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 NCACO2B .0200; 15A NCAC 02B .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 02B .0200; 15A NCAC 02B .0231 North Carolina Department of Environmental Quality I Division of Water Resources D E Q�� Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Winston-Salem, North Carolina 27105 NORTH CAROLINA - oeparrmemorea.noomemaiaaar� 336.776.9800 Samet Burnt Poplar Road DWR #20240191 Individual Certification #WQC006843 Page 7 of 10 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) 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 02B .0200; 15A NCAC 02B .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 02B .0200 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. 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 North Carolina Department of Environmental Quality I Division of Water Resources D E Q�� Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Winston-Salem, North Carolina 27105 NORTH CAROLINA - oeparrmemorea.noomemaiaaar� 336.776.9800 Samet Burnt Poplar Road DWR #20240191 Individual Certification #WQC006843 Page 8 of 10 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) 16. Application of fertilizer to establish planted/seeded vegetation within disturbed riparian areas and/or wetlands shall be conducted at agronomic rates and shall comply with all other Federal, State and Local regulations. Fertilizer application shall be accomplished in a manner that minimizes the risk of contact between the fertilizer and surface waters. Citation: 15A 02H .0506(b), 15A NCAC 02H .0507(c), 15A NCAC 02B .0200, 15A NCAC 02B .0231 17. 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 18. 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. 19. 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. North Carolina Department of Environmental Quality I Division of Water Resources D E Q�� Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Winston-Salem, North Carolina 27105 NORTH CAROLINA - oeparrmemorea.noomemaiaaar� 336.776.9800 Samet Burnt Poplar Road DWR #20240191 Individual Certification #WQC006843 Page 9 of 10 Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) 20. 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) 21. 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 22. 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 23. 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 24. 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) 25. 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) 26. 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 North Carolina Department of Environmental Quality I Division of Water Resources D E Q�� Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Winston-Salem, North Carolina 27105 NORTH CAROLINA - oeparrmemorea.noomemaiaaar� 336.776.9800 Samet Burnt Poplar Road DWR #20240191 Individual Certification #WQC006843 Page 10 of 10 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) 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 Section 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 10th day of May 2024 DocuSigned by: OD2D3CE3F187456... Jennifer F. Graznak Assistant Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ— WSRO North Carolina Department of Environmental Quality I Division of Water Resources D E Q Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Winston-Salem, North Carolina 27105 NORTH CAROLINA 336.776.9800 Depa"mem of Environmental Duality ROY COOPER Governor ELIZABETH S. BISER Secretary RICHAM E. ROGERS, JR. Director 101 Chimney Rock, LLC Attn: Brian Hall 5942 Tarleton Drive Oak Ridge, NC 27310 NORTH CAROLINA Environmental Quality May 10, 2024 Delivered via email to: bhall@sametcorp.com Subject: CERTIFICATE OF COVERAGE GENERAL PERMIT IWGP100000 Samet Burnt Poplar Road Dear Mr. Hall: DWR #20240191 Guilford County You have our approval for the impacts listed below for the purpose described in your application received by the Division of Water Resources (Division) February 7, 2024 and subsequent information on April 8, 2024. These impacts are covered by the attached Isolated Wetlands and Waters General Permit Number IWGP100000. This Certificate of Coverage 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/or Stormwater regulations. The following proposed impacts are hereby approved, provided that all of the Conditions are met, and the project remains in compliance with 15A NCAC 02H .1300 et seq. No other impacts are approved, including incidental impacts [15A NCAC 02H .1305]. Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Mitigation Required Isolated Intermittent Streams S3 / Stream SC — Fill 184.75 linear feet 0 linear feet 0 credits Totals: 184.75 linear feet 0 linear feet 0 credits 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 Certificate of Coverage. 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 Certificate of Coverage and is responsible for complying with all conditions [15A NCAC 02H .1304(d)(2)]. D E Q ,�/ North Carolina Department of Environmental Quality I Division of Water Resources v 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617 NORTH CAROLINA � 919.707.9000 oepMem of Envlmnmenml aeel� Samet Burnt Poplar Road DWR #20240191 IWGP100000 Certificate of Coverage Page 2 of 3 If you are unable to comply with any of the conditions of the attached General Permit or with the additional conditions itemized below, you must notify the Winston-Salem 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 Winston-Salem Regional Office any noncompliance with, and/or any violation of, stream or wetland standards [15A NCAC 0213.0200], 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 Certificate of Coverage 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 maybe accessed at http://www.ncoah.corrl, 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). This Certificate of Coverage neither grants nor affirms any property right, license, or privilege in any lands or waters, or any right of use in any waters. This Certificate of Coverage does not authorize any person to interfere with the riparian rights, littoral rights, or water use rights of any other person, nor does it create any prescriptive right or any right of priority regarding any usage of water. This Certificate of Coverage 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 Certificate of Coverage to possess any prescriptive or other right of priority with respect to any other consumptive user. This Certificate of Coverage shall expire when the corresponding General Permit IWGP100000 expires. D E Q��J North Carolina Department of Environmental Quality I Division of Water Resources Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Winston-Salem, North Carolina 27105 NoarHCAROLINA 336.776.9800 Department or eartruomentai Quality Samet Burnt Poplar Road DWR #20240191 IWGP100000 Certificate of Coverage Page 3 of 3 This letter completes the Division's review under 15A NCAC 02H .1300. Please contact Seren Homer at 336-776-9698 or seren.homer@deg.nc.gov if you have any questions or concerns. Sincerely, DocuSigned by: OD2D3CE3F187456... Jennifer F. Graznak Assistant Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ— WSRO Enclosures: IWGP100000 Electronic cc: Troy Shelton, Dewberry Engineers, Inc. Dylan Irby, Dewberry Engineers, Inc. Laura Meyer, USACE Raleigh Regulatory Field Office Olivia Munzer, NC Wildlife Resources Commission Johnnie Hill, City of Greensboro Water Resources Department DWR 401 & Buffer Permitting Branch Electronic File North Carolina Department of Environmental Quality I Division of Water Resources Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Winston-Salem, North Carolina 27105 NORTH CAROLINA 336.776.9800 Depa"mem of Enelmnmenml Desl� DocuSign Envelope ID: A705BEDB-DAC4-4DDF-90F2-5328F9766EF9 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER RESOURCES STATE GENERAL PERMIT FOR IMPACTS TO ISOLATED WETLANDS AND ISOLATED WATERS PERMIT NUMBER: IWGP100000 FOR PROJECTS IMPACTING LESS THAN OR EQUAL TO ONE (1) ACRE OF ISOLATED WETLANDS OR ISOLATED OPEN WATERS AND/OR LESS THAN OR EQUAL TO THREE HUNDRED (300) FEET OF ISOLATED STREAMS In accordance with the provision of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other lawful standards and regulations, including 15A NCAC 02H .1300, as amended by Session Law 2015-286, and 15A NCAC 02B .0200, promulgated and adopted by the North Carolina Environmental Management Commission, permission is hereby granted to all owners or operators of activities which impact isolated wetlands and isolated surface waters in accordance with the conditions set forth in this General Permit. This General Permit is issued in conformity with the requirements of North Carolina Regulations in 15A NCAC 02H .1300 as amended by Session Law 2015-286 for the discharge of fill material to isolated wetlands and isolated surface waters of the State of North Carolina. The State of North Carolina certifies that the specified category of activity will not violate applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95- 217 if conducted in accordance with the conditions hereinafter set forth. This General Permit shall become effective on July 15, 2022. This General Permit shall expire on July 15, 2027 or unless otherwise rescinded after public notice or until deemed appropriate by the Director of the NC Division of Water Resources. Signed this day: July 15, 2022 By �nnDo'c�u,Siigsne'd by: VvLt rJ9l t�rl D7CE45A2257S4E9... for Richard E. Rogers, Jr. Director DocuSign Envelope ID: A705BEDB-DAC4-4DDF-90F2-5328F9766EF9 IWGP100000 Pursuant to Session Law 2015-286, this Permit shall apply only to isolated wetlands as defined in 15A NCAC 02H .1301 that are Basin Wetlands and Bogs and no other wetland types as described in the North Carolina Wetland Assessment User Manual prepared by the North Carolina Wetland Functional Assessment Team, version 4.1 October 2010. Pursuant to 15A NCAC 02H .1305 as amended by Session Law 2015-286 impacts less than or equal to one (1) acre of isolated wetlands for the entire project in the coastal region, less than or equal to one-half (1/2) acre of isolated wetlands for the entire project in the piedmont region, or less than or equal to one-third (1/3) acre of isolated in the mountain region for the entire project are deemed to be permitted as long as they comply with 15A NCAC 02H .1305. The Coastal, Piedmont and Mountain Regions are depicted in Attachment A. For streams that are isolated surface waters as defined in 15A NCAC 02H .1301, this Permit shall only apply to intermittent and perennial streams as determined by the most current version of the DWR Surface Water Identification Manual. Activities meeting any one (1) of the following thresholds or circumstances require written approval from the Division of Water Resources (DWR): a) If any of the conditions of this Permit (listed below) cannot be met; or b) Any impacts to isolated streams from excavation or dredging other than excavation or dredging that is conducted as preparation for installing temporary or permanent fill or structures; or c) Any isolated stream relocation or stream restoration other than stream relocations that are conducted for the purpose of proper culvert installation, alignment, protection, repair or maintenance where the relocation length is equal to or less than 50 feet in length and the relocated stream is designed and installed based on current natural channel techniques; or d) Total temporary and permanent impacts to isolated streams for the entire project greater than 150 linear feet; or e) Total temporary and permanent impacts to isolated wetlands or isolated open waters equal to or greater than one (1) acre for the entire project in the Coastal Region; f) Total temporary and permanent impacts to isolated wetlands or isolated open waters equal to or greater than one-half (1/2) acre for the entire project in the Piedmont Region; or g) Total temporary and permanent impacts to isolated wetlands or isolated open waters equal to or greater than one-third (1/3) acre for the entire project in the Mountain Region; or h) Any high -density project, as defined in 15A NCAC 02H .1003(2)(a) and by the density thresholds specified in 15A NCAC 02H .1017, which; i. Disturbs one acre or more of land (including a project that disturbs less than one acre of land that is part of a larger common plan of development or sale); and ii. Has permanent isolated wetland, isolated stream or isolated open water impacts; and iii. Is proposing new built -upon area; and Page 2 of 15 DocuSign Envelope ID: A705BEDB-DAC4-4DDF-90F2-5328F9766EF9 IWGP100000 iv. Does not have a stormwater management plan reviewed and approved under a state stormwater program' or a state -approved local government stormwater program2. Projects that have vested rights, exemptions, or grandfathering from state or locally - implemented stormwater programs and projects that satisfy state or locally - implemented stormwater programs through use of community in -lieu programs require written approval; i) Any impacts to isolated subject water bodies and/or state regulated riparian buffers along isolated subject water bodies in the Neuse, Tar -Pamlico, or Catawba River Basins or in the Randleman Lake, Jordan Lake or Goose Creek Watersheds (or any other basin or watershed with State Regulated Riparian Area Protection Rules [Buffer Rules] in effect at the time of application) unless: i. The activities are listed as "EXEMPT" or "DEEMED ALLOWABLE" from these rules; or ii. A Buffer Authorization Certificate is issued by the NC Division of Coastal Management (DCM); or iii. A Buffer Authorization Certificate, Certificate with Exception, or a Minor Variance is issued by a delegated or designated local government implementing a state riparian buffer program pursuant to 143-215.23. Activities included in this General Permit that do not meet one of the thresholds listed above do not require written approval from the DWR. In accordance with 15A NCAC 02H .1303(f), the Director of the North Carolina Division of Water Resources may require submission of a formal application for an Individual Permit for any project if it is deemed in the public's best interest or determined that the project is likely to have a significant adverse effect upon water quality, including state or federally listed endangered or threatened aquatic species, or will degrade the waters so that existing uses of the waters or downstream waters are precluded. GENERAL CONDITIONS: 1. In accordance with 15A NCAC 02H .1305(c) & (d) as amended by Session Law 2015-286 and in accordance with Session Law 2017-10, compensatory mitigation may be required for losses greater than 300 linear feet of isolated perennial streams and/or greater than one (1) acre of isolated wetland impacts in the Coastal Region, one-half (1/2) acre of isolated impacts in the Piedmont Region, and one-third (1/3) acre of isolated wetland impacts in the Mountain Region. Impacts associated with the removal of a dam shall not require mitigation when the removal complies with the requirements of Part 3 of Article 21 in Chapter 143 of the North Carolina General Statutes. Impacts to isolated wetlands shall not be combined with 404 jurisdictional wetlands for the purpose of determining when impact ' e.g. Coastal Counties, HQW, ORW, or state -implemented Phase II NPDES 2 e.g. Delegated Phase II NPDES, Water Supply Watershed, Nutrient -Sensitive Waters, or Universal Stormwater Management Program Page 3 of 15 DocuSign Envelope ID: A705BEDB-DAC4-4DDF-90F2-5328F9766EF9 IWGP100000 thresholds trigger a mitigation requirement. Pursuant to Session Law 2015-286, mitigation requirements for impacts to isolated wetlands shall only apply to the amount of impact that exceeds the thresholds set out in this Condition. For linear publicly owned and maintained transportation projects that are not determined to be part of a larger common plan of development by the US Army Corps of Engineers, compensatory mitigation may be required for losses of greater than 300 linear feet per perennial stream. Citation: 15A NCAC 02H .1305(c)(6) Compensatory stream and/or wetland mitigation shall be proposed and completed in compliance with G.S. 143-214.11. For applicants proposing to conduct mitigation within a project site, a complete mitigation proposal developed in accordance with the most recent guidance issued by the US Army Corps of Engineers Wilmington District shall be submitted for review and approval with the application for impacts. 2. The plans and specifications for the project are incorporated into the Certificate of Coverage by reference and are an enforceable part of the Permit. Any modifications to the project requires notification to DWR and may require submittal of an application for a modification to DWR with the appropriate fee. Citation: 15A NCAC 02H .1301; 15A NCAC 02H .1302 3. If this General Permit 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 General Permit must be buildable without additional impacts to streams or wetlands. Citation: 15A NCAC 02H .1302(a); 15A NCAC 02H .1305(b); 15A NCAC 02H .1304(c) 4. For road construction purposes, this General Permit shall only be utilized from natural high ground to natural high ground. Citation: 15A NCAC 02H .1302(a); 15A NCAC 02H .1305(b); 15A NCAC 02H .1304(c) 5. Deed notifications or similar mechanisms shall be placed on all lots/parcels with retained 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), Federally Non -Jurisdictional Wetland Rules (15A NCAC 02H .1400) 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 .1302(a); 15A NCAC 02H .1305(b); 15A NCAC 02H .1304(c) 6. For all dam removal projects meeting the definition under G.S. 143-215.25 and requirements under G.S. 143-215.27 of a professionally supervised dam removal, the applicant shall provide documentation that any sediment that may be released has similar or lower level of contamination than sediment sampled from downstream of the dam in accordance with Session Law 2017-145. Citation: 15A NCAC 02H .1302; 15A NCAC 02H .1305(b); 15A NCAC 02H .1304(c); 15A NCAC 0213.0200; S.L. 2017-145; Page 4 of 15 DocuSign Envelope ID: A705BEDB-DAC4-4DDF-90F2-5328F9766EF9 IWGP100000 7. If this General Permit is used for utility related impacts, then the following 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 .1305(b); 15A NCAC 02H .1304(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. Citation: 15A NCAC 02H .1305(b); 15A NCAC 02H .1304(c) c. Where there are temporary or permanent impacts from stream crossings, utility lines shall cross the stream channel at a perpendicular angle (i.e., intersect the surface water at an angle between 75 degrees and 105 degrees). Citation: 15A NCAC 02H .1305(b); 15A NCAC 02H .1304(c) d. Construction corridors in wetlands and/or across stream channels shall be minimized to the maximum extent practicable and shall not exceed 50 feet wide for oil and gas utility lines and 40 feet wide for all other 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 .1305(b); 15A NCAC 02H .1304(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 .1305(b); 15A NCAC 02H .1304(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. Citation: 15A NCAC 02H .1305(b); 15A NCAC 02H .1304(c) 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 Page 5 of 15 DocuSign Envelope ID: A705BEDB-DAC4-4DDF-90F2-5328F9766EF9 IWGP100000 g. The permittee shall have a specific plan for restoring wetland contours to pre -construction conditions. Any excess material shall 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 must be piled separately from subsoils and shall be backfilled into the trench only after the subsoils have been placed and compacted. Citation: 15A NCAC 02H .1305(b); 15A NCAC 02H .1304(c) 8. The permittee shall report to the appropriate DWR 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 .1305(b); 15A NCAC 02H .1304(c) 9. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the footprint of the impacts (including temporary impacts) established in a Certificate of Coverage for use of this General Permit. Citation: 15A NCAC 02H .1305; 15A NCAC 02H .1304(c) 10. 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 .1305(b); 15A NCAC 02H .1304(c) 11. When applicable, all construction activities shall be performed and maintained in full compliance with G.S. Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973). Regardless of applicability of the Sediment and Pollution Control Act, all projects shall incorporate appropriate Best Management Practices for the control of sediment and erosion so that no violations of state water quality standards, statutes, or rules occur. Design, installation, operation, and maintenance of all sediment and erosion control measures shall be equal to or exceed the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual, or for linear transportation projects, the North Caroline Department of Transportation Sediment and Erosion Control Manual. All devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) sites, including contractor -owned or leased borrow pits associated with the project. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. For borrow pit sites, the erosion and sediment control measures shall be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina 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. Page 6 of 15 DocuSign Envelope ID: A705BEDB-DAC4-4DDF-90F2-5328F9766EF9 IWGP100000 If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs), SA, WS-I, WS-II, High Quality Waters (HQW), 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 .1305(b)(2); 15A NCAC 02H .1304(c); 15A NCAC 0213.0200; 15A NCAC 02B .0231 12. Sediment and erosion control measures shall not be installed in wetland or waters except within the footprint of temporary or permanent impacts otherwise authorized by this Certification. If placed within authorized impact areas, then placement of such measures shall not be conducted in a manner that results in dis-equilibrium of any wetlands, streambeds, or streambanks. Any silt fence installed within wetlands shall be removed from wetlands and the natural grade restored within two (2) months of the date that DEMLR or locally delegated program has released the specific area within the project to ensure wetland standards are maintained upon completion of the project. Citation: 15A NCAC 02H .1305(b); 15A NCAC 02H 1304(c); 15A NCAC 0213.0200; 15A NCAC 02B .0231 13. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used along streambanks or within wetlands. Citation: 15A NCAC 02H .1305(b); 15A NCAC 02H .1304(c) 14. If the project is covered by NPDES Construction Stormwater Permit Number NCGO10000 or NPDES Construction Stormwater Permit Number NCG250000, full compliance with permit conditions including the erosion & sedimentation control plan, inspections and maintenance, self -monitoring, record keeping and reporting requirements is required. The North Carolina Department of Transportation (NCDOT) shall be required to be in full compliance with the conditions related to construction activities within the most recent version of their Individual NPDES Stormwater Permit Number NCS000250. Citation: 15A NCAC 02H .1305(b); 15A NCAC 02H .1304(c); 15A NCAC 0213.0200; 15A NCAC 02B .0231 15. All work in or adjacent to streams shall be conducted so that the flowing stream does not come in contact with the disturbed area. Approved best management practices from the most current version of the NC Sediment and Erosion Control Manual, or the NC Department of Transportation Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams, and other diversion structures shall be used to minimize excavation in flowing water. Citation: 15A NCAC 02H .1305(b); 15A NCAC 02H .1304(c); 15A NCAC 02B .0200 16. If activities must occur during periods of high biological activity (e.g. sea turtle nesting, fish spawning, or bird nesting), then biological monitoring may be required at the request of other state or federal agencies and coordinated with these activities. All moratoriums on construction activities established by the NC Wildlife Resources Commission (WRC), US Fish and Wildlife Service (USFWS), NC Division of Marine Fisheries (DMF), or National Marine Fisheries Service (NMFS) shall be implemented. Exceptions to this condition require written approval by the resource agency responsible for the given moratorium. Page 7 of 15 DocuSign Envelope ID: A705BEDB-DAC4-4DDF-90F2-5328F9766EF9 IWGP100000 Work within a designated trout watershed of North Carolina (as identified by the Wilmington District of the US Army Corps of Engineers,) or identified state or federal endangered or threatened species habitat, shall be coordinated with the appropriate WRC, USFWS, NMFS, and/or DMF personnel. Citation: 15A NCAC 02H .1305(b); 15A NCAC 02H .1304(c); 15A NCAC 04B .0125 17. 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 .1305(b); 15A NCAC 02H .1304(c) 18. 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 for 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 in area where topographic constraints dictate culvert slopes will be 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 Page 8 of 15 DocuSign Envelope ID: A705BEDB-DAC4-4DDF-90F2-5328F9766EF9 IWGP100000 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 .1305(b); 15A NCAC 02H .1304(c) 19. Bridge deck drains shall not discharge directly into the stream. 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 the stream. Citation: 15A NCAC 02H .1305(b); 15A NCAC 02H .1304(c) 20. 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 .1305(b); 15A NCAC 02H .1304(c); 15A NCAC 0213.0231; 15A NCAC 02B .0211 21. 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 .1305(b); 15A NCAC 02H .1304(c); 15A NCAC 02B .0200 22. 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 .1305(b); 15A NCAC 02H .1304(c) 23. All proposed and approved temporary pipes/culverts/rip-rap pads etc. in streams 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. Citation: 15A NCAC 02H .1305(b); 15A NCAC 02H .1304(c) 24. 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 .1305(b); 15A NCAC 02H .1304(c) Page 9 of 15 DocuSign Envelope ID: A705BEDB-DAC4-4DDF-90F2-5328F9766EF9 IWGP100000 25. 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 .1305(b); 15A NCAC 02H .1304(c); 15A NCAC 02B .0201 26. Rip -rap groins proposed in accordance with 15A NCAC 07H .1401 (NC Division of Coastal Management General Permit for construction of Groins in Estuarine and Public Trust Waters and Ocean Hazard Areas) shall meet all the specific conditions for design and construction specified in 15A NCAC 07H .1405. Citation: 15A NCAC 02H .1304(c); 15A NCAC 07H .1400 et seq. 27. 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 .1305(b); 15A NCAC 02H .1304(c); 15A NCAC 02B .0200 28. 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 .1305(b); 15A NCAC 02H .1304(c); 15A NCAC 02B .0231 29. In accordance with G. S. 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 .1304(c); N.C.G.S 143-215.85(b) 30. 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 .1305(b); 15A NCAC 02H .1304(c) 31. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit 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 General Permit. A copy of this General Permit shall be available at the project site during the construction and maintenance of this project. Citation: 15A NCAC 02H .1305(b); 15A NCAC 02H .1304(c) 32. This General Permit grants permission to the Director, an authorized representative of the Director, or DWR staff, upon the presentation of proper credentials, to enter the property during normal business hours. Citation: G.S. 143-215.3(a)(2) Page 10 of 15 DocuSign Envelope ID: A705BEDB-DAC4-4DDF-90F2-5328F9766EF9 IWGPl OOOOO History Note: This Isolated Wetlands General Permit (IWGP100000) issued July 15, 2022 replaces IWGP100000 issued December 1, 2017; March 3, 2017; March 2, 2016; March 12, 2012; October 31, 2008; and October 3, 2003. Page 11 of 15 DocuSign Envelope ID: A705BEDB-DAC4-4DDF-90F2-5328F9766EF9 IWGP100000 Attachment A The Coastal Region, Piedmont Region and Mountain Region shall be as follows: "Coastal Region" includes Beaufort, Bertie, Bladen, Brunswick, Camden, Carteret, Chowan, Columbus, Craven, Cumberland, Currituck, Dare, Duplin, Edgecombe, Gates, Greene, Halifax, Harnett, Hertford, Hoke, Hyde, Johnston, Jones, Lee, Lenoir, Martin, Moore, Nash, New Hanover, Northampton, Onslow, Pamlico, Pasquotank, Pender, Perquimans, Pitt, Richmond, Robeson, Sampson, Scotland, Tyrrell, Washington, Wayne, and Wilson Counties. "Piedmont Region" includes Alamance, Alexander, Anson, Burke, Cabarrus, Caldwell, Caswell, Catawba, Chatham, Cleveland, Davidson, Davie, Durham, Forsyth, Franklin, Gaston, Granville, Guilford, Iredell, Lincoln, Mecklenburg, Montgomery, Orange, Person, Polk, Randolph, Rockingham, Rowan, Rutherford, Stanly, Stokes, Surry, Union, Vance, Wake, Warren, Wilkes, and Yadkin Counties. "Mountain Region" includes Alleghany, Ashe, Avery, Buncombe, Cherokee, Clay, Graham, Haywood, Henderson, Jackson, Macon, Madison, McDowell, Mitchell, Swain, Transylvania, Watauga and Yancey Counties. When a landowner believes their property is not in the correct region for purposes of regulating impacts to isolated wetlands under Title 15A NCAC 02H .1305(d)(2), they may have a soil scientist conduct a site -specific evaluation to determine the soil series. The soil scientist shall be an individual who is currently licensed or authorized to practice soil science under G.S. 89F by the North Carolina Board for Licensing of Soil Scientists. The landowner shall submit the soil report to the Division of Water Resources. Soil series that occur in North Carolina have been categorized by the Natural Resources Conservation Service of the US Department of Agriculture as follows: Page 12 of 15 DocuSign Envelope ID: A705BEDB-DAC4-4DDF-90F2-5328F9766EF9 IWGP100000 Attachment A Mountains Alarka Chandler Cullowhee Hayesville Maymead Saluda Thurmont Anakeesta Cheoah Dellwood Heintooga Micaville Santeetlah Toccoa Arkaqua Chester Dillard Hemphill Nantahala Saunook Toecane Ashe Chestnut Dillsboro Hiwassee Nikwasi Sauratown Toxaway Balsam Chestoa Ditney Horsetrough Northcove Shinbone Transylvania Bandana Chiltoskie Edneytown Huntdale Nowhere Skyuka Trimont Biltmore Cleveland Edneyville lotla Oconaluftee Smokemont Tsali Braddock Cliffield Ela Jeffrey Ostin Snowbird Tuckasegee Bradson Clifford Ellijay Junaluska Oteen Soco Tusquitee Brasstown Clifton Elsinboro Kanuga Peaks Spivey Unaka Breakneck Clingman Evard Keener Pigeonroost Statler Unicoi Brevard Codorus Fannin Kinkora Pineola Stecoah Unison Brownwood Colvard Farner Lauada Pinnacle Suches Walnut Buladean Comus Fontaflora Leatherwood Plott Swannanoa Watauga Burton Cowee French Longhope Porters Sylco Wayah Cades Craggey Greenlee Lonon Pullback Sylva Wesser Calvin Crossnore Guyot Lostcove Rabun Tanasee Whiteoak Cashiers Cruso Harmiller Luftee Reddies Tate Whiteside Cataloochee Cullasaja Hatboro Mars Hill Rosman Thunder Zillicoa Cataska Page 13 of 15 DocuSign Envelope ID: A705BEDB-DAC4-4DDF-90F2-5328F9766EF9 IWGP100000 Attachment A Piedmont Alamance Cecil Exway Leaksville Nathalie Riverview Turbeville Altavista Chewacla Fairview Lignum Oak Level Ronda Tussahaw Appling Cid Georgeville Lloyd Oakboro Rowan Uwharrie Appomattox Claycreek Goldston Louisa Orange Saw Vance Armenia Cliffside Granville Louisburg Ostin Secrest Wadesboro Ashlar Clover Green Level Madison Pacolet Sedgefield Wake Augusta Colfax Grover Mandale Pactolus Siloam Warne Ayersville Congaree Gwinnett Masada Peakin Skyuka Wate Badin Coronaca Halifax Mattaponi Peawick Spartanburg Wateree Banister Creedmoor Hallison Mayodan Penhook Spray Wedowee Bannertown Cullen Haw River McQueen Pfafftown Spriggs Wehadkee Belews Lake Dan River Helena Meadowfield Picture Starr Westfield Bentley Danripple Herndon Mecklenburg Pilot Mountain Stoneville White Store Bethera Davidson Hibriten Merry Oaks Pinkston Stott Knob Wickham Bethlehem Davie Hiwassee Misenheimer Pinoka Tarrus Wilkes Biscoe Delila Hornsboro Mocksville Pittsboro Tatum Winnsboro Brickhaven Devotion Hulett Monacan Poindexter Tillery Woolwine Buncombe Dorian Iredell Moncure Polkton Toast Worsham Callison Durham Jackland Montonia Poplar Forest Toccoa Wynott Carbonton Elbert Kinkora Mooshaunee Rasalo Tomlin Yadkin Cartecay Enon Kirksey Nanford Rhodhiss Totier Zion Casville Enott Lackstown Nason Rion Page 14 of 15 DocuSign Envelope ID: A705BEDB-DAC4-4DDF-90F2-5328F9766EF9 IWGP100000 Attachment A Coastal Acredale Butters Dogue Hydeland McColl Paxville Tarboro Ailey Byars Dorovan Icaria Meggett Pea kin Tetotum Alaga Cainhoy Dothan Invershiel Mooshaunee Pelion Thursa Alpin Candor Dragston Johns Muckalee Pender Toisnot Arapahoe Cape Fear Duckston Johnston Munden Perquimans Tomahawk Argent Cape Lookout Dunbar Kalmia Murville Pettigrew Tomotley Augusta Caroline Duplin Kenansville Myatt Plummer Torhunta Autryville Carteret Echaw Kinston Nahunta Pocalla Troup Aycock Centenary Emporia Kureb Nakina Polawana Uchee Backbay Chapanoke Engelhard Lakeland Nankin Ponzer Valhalla Ballahack Charleston Exum Leaf Nawney Portsmouth Varina Barclay Chastain Faceville Lenoir Neeses Pungo Vaucluse Bayboro Chenneby Foreston Leon Newhan Rains Wagram Baymeade Chesapeake Fork Liddell Newholland Rimini Wahee Belhaven Chipley Fortescue Lillington Nimmo Roanoke Wakulla Bertie Chowan Fripp Longshoal Nixonton Roper Wando Bethera Conaby Fuquay Lucy Noboco Rumford Wasda Bibb Conetoe Gertie Lumbee Norfolk Rutlege Weeksville Bladen Corolla Gilead Lynchburg Ocilla Scuppernong Wilbanks Blaney Cowarts Goldsboro Lynn Haven Onslow Seabrook Winton Blanton Coxville Grantham Mandarin Orangeburg Seagate Woodington Bohicket Craven Grifton Mantachie Osier Shellbluff Wrightsboro Bojac Croatan Gritney Marlboro Ousley Stallings Wysocking Bolling Currituck Gullrock Marvyn Pactolus State Yaupon Bonneau Dare Hobonny Masontown Pamlico Stockade Yeopim Bragg Deloss Hobucken Maxton Pantego Suffolk Yonges Brookman Delway Hyde Mayodan Pasquotank Page 15 of 15