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HomeMy WebLinkAbout20170073 Ver 1_USACE Permit_20170630DEPARTMENT OF THE ARMY WILMINGTON DISTRICT; CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH'CAROLINA 28403-1343 srnaes of June 30, 2017 Regulatory Division Action ID. SAW -SAW -2013-02417 (Camp Davis Industrial Park, Inc.) Camp Davis Industrial Park, Inc. Attn: Mr. Thomas C. Rollins Post Office Box 38 Holly Ridge, North Carolina 28445 Dear Mr. Rollins: In accordance with your written request of January 18, 2017, and the ensuing administrative record, enclosed is a copy of a Department of Army (DA) permit to permanently fill 0.41 acre of wetlands and 3.53 acres of relatively permanent waters (RPW), which are considered jurisdictional ditches, to build a commercial office/industrial development. The proposed commercial office/industrial development consists of two phases and will involve the installation of roads, pat -king lots, utilities, stormwater retention ponds and buildings, which will support the industrial complex, at 1 Bacon Drive, Holly Ridge, Onslow County, North Carolina. Coordinates are: 34.49344 N, -77.56422 W. Any deviation in the authorized work will likely requite modification of this permit. If a change in the authorized work is necessary, you should promptly submit revised plans to the Corps showing the proposed changes. You may not undertake the proposed changes until the Corps notifies you that your permit has been modified. Carefully read your permit. The general and specific conditions are important, Your failure to comply with these conditions could result in aviolation of Federal law. Certain significant general conditions require that:. a. You must complete construction before December 31, 2022. b. You must notify this office in advance as to when you intend to commence and complete work. -2- c. You must allow representatives from this office to make periodic visits to your worksite as deemed necessary to assure compliance with permit plans and conditions. You should address all questions regarding this authorization to Mr. Brennan Dooley, Project Manager, at the Wilmington Regulatory Field Office, telephone 910-251-4694. Thanl-, you in advance for completing our Customer Survey Form. This can be accomplished by visiting our website at http,//pert.nwp.usace.army.miI/survey.html and completing the survey on-line. We value your comments and appreciate your taking the time to complete a survey each time you interact with our office. Sincerely, Eric G. Reusch Chief, Wilmington Field {office Enclosures Copies Furnished (with Special Conditions & Plans): U.S. Environmental Protection Agency Attn. Mr. Todd A. Bowers Wetlands and Marine Regulatory Section 61 Forsyth Street, S.W. Atlanta, Georgia 30303-8931 North Carolina Department of Environmental Quality Division of Water Resources Attn. Mr. Robb Mairs 127 Cardinal Drive Extension Wilmington, North Carolina 28405 North Carolina Department of Environmental Quality Division of Water Resources Attn: Ms. Karen Higgins 1650 MSC Raleigh, North Carolina 27699-1650 DEPARTMENT OF THE ARMY PERMIT Permittee: Camp Davis Industrial Park, Inc. Attn: Mr. Thomas C. Rollins Permit No.: SAW -2013-02417 Issuing Office: CESA-RG-L NOTE: The term "you" and its derivatives, as used in this permit, means the pertnittee or any future transferee. The term "this office" refers to the appropriate district or division office of the Corps of Engineers having jurisdiction over the permitted activity or the appropriate official of that office acting under the authority of the commanding officer. You are authorized to perform work in accordance with the terms and conditions specified below. Project Description: The project is to permanently fill 0.41 acre of wetlands and 3.53 acres of relatively permanent waters (RPW), which are considered jurisdictional ditches, to build a commercial office/industrial development. The project consists of two phases and will involve the installation of roads, parking lots, utilities, stornwater retention ponds and buildings, which will support the industrial complex. Project Location: The project area is located within the White Oak River Basin at 1 Bacon Drive, within the incorporated limits of Holly Ridge, Onslow County, North Carolina, on the west side of Hwy 17, approximately 0.2 miles south of its intersection with Hwy 50. The waters in the project area drain to Cypress Creek, which drains to Batts Mill Creek, a Traditionally Navigable Waterway (TNW). General Conditions: 1. The time limit for completing the work authorized ends on December 31, 2022 If you find that you need more time to complete the authorized activity, submit your request for a time extension to this office for consideration at least one month before the above date is reached. 2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of this permit from this office, which may require restoration of the area. 3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal and state coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing., in the National Register of Historic Places. 4. If you sell the property associated with this permit, you must obtain the signature of the new owner in the space provided and forward a copy of the permit to this office to validate the transfer of this authorization. 5. If a conditioned water quality certification has been issued for your project, you must comply with the conditions specified in the certification as special conditions to this permit. For your convenience, a copy of the certification is attached if it contains such conditions. 6. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished in accordance with the terms and conditions of your permit. Special Conditions: SEE ATTACHED SPECIAL CONDITIONS Further Information: 1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to: () Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403). (X) Section 404 of the Clean Water Act (33 U.S.C. 1344). () Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413). 2. Limits of this authorization. a. This permit does not obviate the need to obtain other Federal, state, or local authorizations required by law. b. This permit does not grant any property rights or exclusive privileges. c. This permit does not authorize any injury to the property or rights of others. d. This permit does not authorize interference with any existing or proposed Federal project. 3. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability for the following: a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes. b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the United States in the public interest. c. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity authorized by this permit. d. Design or construction deficiencies associated with the permitted work. 2 e. Damage claims associated with any future modification, suspension, or revocation of this permit.. 4. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the public interest was made in reliance on the information you provided. 5. Reevaluation of Permit Decision. This office may reevaluate its decision on this permit at any time the circumstances warrant. Circumstances that could require a reevaluation include, but are not limited to, the following: a. You fail to comply with the terms and conditions of this permit. b. The information provided by you in support of your permit application proves to have been false, incomplete, or inaccurate (See 4 above). c. Significant new information surfaces which this office did not consider in reaching the original.public interest decision. Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation procedures contained in 33 CER 325.7 or enforcement procedures such as those contained in 33 CFR 3326.4 and 326.5. The referenced enforcement procedures provide for the issuance of an administrative order requiring you to comply with the terms and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any corrective measures ordered by this office, and if you fail to comply with such directive, this office may in certain situations (such as those specified in 33 CFR 209.170) accomplish the corrective measures by contract or otherwise and bill you for the cost. 6. Extensions. General condition 1 establishes a time limit for the completion of the activity authorized by this permit, Unless there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public interest decision, the Corps will normally give favorable consideration to a request for an extension of this time limit. Your signature below, as permittee, indicates that you accept and agree to comply with the terms and conditions of this permit. (PERMITTEE) /T — -Z (DATE) This permit becomes effective when the Federal official, designated to act for the Secretary of the Arany, has signed below. DIShn T COMIMNDER) (D-4TE) When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and conditions of this permit will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit and the associated liabilities associated with compliance with its terans and conditions, have the transferee sign and date below. (TRANSFEREE) (DATE) *U.S. GOVERNMFNT PRINTING OFFICE: 1986 - 717-425 Special Conditions �� ! ' r r• if ri " 1 1. UNAUTHORIZED DREDGE OR KULL: Except as authorized by this permit; or any USAGE approved modification to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. Specifically, the permittee must avoid impacts to the remaining 2.439 acres. 2. CONSTRUCTION PLANS: All worm authorized by this permit must be performed in strict compliance with the attached plans.with revisions by SEGi dated, 2/15/17 which are a part of this permit. Any modification to these plans must be approved by the US Army Corps of Engineers (CTSACE) prior to implementation. 3. DEVIATION FROM PERMITTED PLANS: The permittee shall ensure that the construction design plans for this project do not deviate from the permit plans attached to this authorization. Written versification shall be provided that the final construction drawings comply with the attached permit drawings prior to any active construction in waters of the United States, including wetlands. Any deviation in the construction design plans, specifically the elimination of the ,Stormwater Flow Control Structures, will be brought to the attention of the Corps of Engineers, Drennan Dooley, Regulatory Specialist, Wilmington Regulatory Field Office, prior to any active construction in waters or wetlands. 4. PERNHT DISTRIBUTION: 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 permit. A copy of this permit, including all conditions, shall be available at the project site during construction and maintenance of this project. 5. PRECONSTRUCTION MEETING: The permittce shall schedule an onsite preconstruction meeting between its representatives, the contractor's representatives, and the appropriate Corps of Engineers Project Manager prior to undertaldng any work within jurisdictional waters and wetlands to ensure that there is a mutual understanding of all terms and conditions contained within the Department of the Army permit. The permittee shall notify the Corps of Engineers Project Manager a minimum of thirty (30) days in advance of the scheduled meeting in order to provide that individual with ample opportunity to schedule and. participate in the required meeting. 6. NOTIFICATION OF CONSTRUCTION COMMENCEMENT AND COMPLETION: The permittee shall advise the Corps in writing prior to beginning the work authorized by this permit and again upon completion of the work authorized by this permit. 7. PROJECT COMPLETION: upon completion of each construction phase, the permittee shall submit to the Corps as -built plans for those portions that affect waters of the U.S., within 45 drays following the completion of construction. The as - built plans shall include, but not necessarily be limited to, grading, structures, and activities in or affecting wetlands and waters of the U.S. 8. WATER CONTAMINATION: All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste, the permittee shall immediately report it to the N.C. Division of Water Resources at (919) 733-3300 or (800) 858- 0368 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. 9. PROMBITIONS ON CONCRETE: The permittee shall take measures to prevent live or fresh concrete, including bags of uncured concrete, from coming into contact with any water in or entering into waters of the United States. Water inside coffer dams or casings that has been in contact with concrete shall only be returned to waters of the United States when it no longer poses a threat to aquatic organisms. 10. CLEAN FILL: Unless otherwise authorized by this permit, all fill material placed in waters or wetlands shall be generated from an upland source and will be clean and free of any pollutants except in trace quantities. Metal products, organic materials (including debris from land clearing activities), or unsightly debris will not be used. Soils used for fill shall not be contaminated with any toxic substance in concentrations governed by Section 307 of the Clean Water Act. 11. MAINTAIN CIRCULATION AND FLOW OF WATERS: Except as specified in the plans attached to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, in such a manner as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters or wetlands. 12. SILT -FENCING: The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General. Statutes Chapter 113A Article 4). 13. EROSION CONTROL MEASURES IN WETLANDS: The permittee shall remove all sediment and erosion control measures placed in wetlands or waters, and shall restore natural grades in those areas, prior to project completion. 14. PERMIT REVOCATION: The permittee, upon receipt of a notice of revocation of this permit or upon its expiration before completion of the work will, without expense to the United States and in such time and manner as the Secretary of the Army or his authorized representative may direct, restore the water or wetland to its pre -project condition. 15. REPORTING VIOLATIONS OF THE CLEAN WATER ACT: Violation of these permit special conditions or violation of Section 404 of the Clean Water Act must be reported in writing to the Wilmington District U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the violation. 16. COMPLIANCE INSPECTION: A representative of the Corps of Engineers will periodically and randomly inspect the work for compliance with these conditions. Deviations from these procedures may result in a directive to cease work until the problem is resolved to the satisfaction of the Corps. 17. MITIGATION: In order to compensate for impacts associated with this permit, mitigation shall be provided in accordance with the provisions outlined on the most recent version of the attached Compensatory Mitigation Responsibility Transfer Form. The requirements of this form, including any special conditions listed on this form, are hereby incorporated as special conditions of this permit authorization. The permittee, prior to initiating any land -disturbing activities; shall provide 0.40 credits of mitigation via payment into the Hoffman Forest Wetland Mitigation Bank for project related impacts to 0.41 acres of non -riparian wetlands. Prior to initiating any land -disturbing activities, a copy of the updated acceptance letter and proof of payment provided by the Hoffman Forest `Wetland Mitigation Bank shall be sent to the Corps of Engineers. 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Ld VI X L'i M r,'U ?4 0 0 U, rR, 17 - Ell 1112 40 t tj apwplz=;�Zn 0 I LL q4 CO Z z Z7 I LL 6 d C5 cs cs 6 I t fA (A t t,t m W. t1h a', ON In 00 14 Mull I ITM W'i U.S. ARMY CORPS OF ENGINEERS Wilmington District Conipensatory Mitigation ResponsibilitV Transfer Form Permittee: Camp Davis Industrial Park, Inc., Thomas C. Rollins Action ID: SAW -2013-02417 Project Name: Camp Davis, Industrial Park County: Onslow Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved Mitigation Bank or the North Carolina Division of Mitigation Services (NCDMS), who will then sign the form to verify the transfer of the mitigation responsibility. Once the Sponsor has signed this, form, it is the Permittee's responsibility to ensure that to the U.S. Army Corps of Engineers (USAGE) Project Manager identified on page two is in receipt of a signed copy of this form before conducting authorized impacts, unless otherwise specified below. if more than one mitigation Sponsor will be used to provide the mitigation associated with the permit, or if the impacts and/orthe mitigation will occur in more than ane 8 -digit Hydrologic Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms for each Sponsor and/or HUC must be provided to the appropriate mitigation Sponsors. Instructions to Sponsor: The Sponsor must verify that the mitigation requirements (credits) shown below are available at the identified site. By signing below, the Sponsor is accepting full responsibility for the 'identified mitigation, regardless of whether or not they have, received payment from the Permittee. Once the form is signed, the Sponsor must update the bank ledger and provide a copy of the signed form and the updated bank ledger to the Permittee, the USACE Project Manager, and the Wilmington District Mitigation Office (see contact information on page 2). The Sponsor must also comply with all reporting requirements established in their authorizing instrument. Permitted Impacts and Compensatory Mitigation Requirements: Permitted Impacts Requiring Mitigation* 8 -digit HUC and Basin: 03030001, White Oak River Basin Stream Impacts (linear feet) Wetland Impacts (acres) Warm Coo= Cold Riparian Riverine Rlparian Non-Riverine I Non -Riparian I Coastal Riparian Non-Riverine 0.41 Coastal *If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor. Cmmnensatory MitiEation Reouirements: 8 -digit HUC and Basin: Choose the 8 -digit HUC Stream Mitigation (credits) Wetland Mitigation (credits) Warm Cool Coid Riparian River ine Riparian Non-Riverine Non -Riparian Coastal 0.40 Mitigation Site Debited: Hoffman Forest (List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCDMS, list NCDMS. if the NCDMS acceptance letter identifies a specific site, also list the specific site to be debited). Section to be completed by the Mitigation Sponsor Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action ID number shown. I also verify that released credits (and/or advance credits for NCDMS); as approved by the USACE, are currently available at the mitigation site identified above. Further, I understand that if the Sponsor fails to provide the required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to ensure compliance associated with the mitigation requirements. Mitigation Sponsor Name: !Name of Sponsor's Authorized Representative: Signature of Sponsor's Authorized Representative Date of Signature Page 1 of 2 Form Updated 23 November, 2015 USACE Wilmington District Compensatory Mitjg janResponsibility Transfer Form, Page 2 Conditions for Transfer of Compensatory Mitigation Credit: • Once this document has been signed by the Mitigation Sponsor and the USACE is in, receipt of the signed form, the Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains responsible for any other mitigation requirements stated in the permit conditions_ • Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only after the USACE is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein. For authorized impacts conducted by the North Carolina Department of Transportation (NCDOT), construction within jurisdictional areas may proceed upon permit issuance; however, a copy of this form signed by the Sponsor must be provided to the USACE within 30 days of permit issuance. NCDOT remains fully responsible for the mitigation until the USACE has received this form, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein. • Signed copies of this document must be retained by the Permittee, Mitigation Sponsor, and in'the USAGE administrative records for both the permit and the Bank/ILF Instrument. It is the Permittee's responsibility to ensure that the USACE Project Manager (address below) is provided with a signed copy of this form. • If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to the USACE, the Sponsor must obtain case-by-case approval from the USACE Project Manager and/or North Carolina Interagency Review Team (NORT). If approved, higher mitigation ratios may be applied, as per current District guidance and a new version of this form must be completed and included in the USACE administrative records for both the permit and the Bank/IRF Instrument. Comments/Additional Conditions: This form is not valid unless signed below by the USACE Project Manager and by the Mitigation Sponsor on Page 1. Once signed, the Sponsorshould provide copies of this form along with an updated bank ledger to: 1) the Permittee, 2) the USACE Project Manager at the address below, and 3) the Wilmington District Mitigation Office, Attn: Todd Tugwell, 11405 Falls of Neuse Road, Wake Forest, NC27587 {email: todd.tugwe11@usace.army.m1& Questions regarding this form or any of the permit conditions may be directed to the USACE Project Manager below, USACE Project Manager: Brennan Dooley USACE Field Office: Wilmington Regulatory Field Office US Army Corps of Engineers 69 Darlington Avenue Wilmington, NC 28403 Email: brennan.j.dooley@usace.army.mil USACE Project Manager May 26 2017 Date of Signature Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and mitigation bank location and availability, and credit classifications (including stream temperature and wetland groupings) is available at http://ribits.usace.army.mi1. Page 2 of 2 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at our website at http;//regulatory.usacesurvey.com/ to complete the survey online. Camp Davis Industrial Park DWR# 17-0073 Individual Certification #4118 Page 3 of 7 NORTH CAROLINA 401 WATER QUALITY CERTIFICATION CERTIFICATION #4118 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 15A NCAC 02H.0500, to Mr. Thomas C. Rollins and Camp Davis Industrial Park, who have authorization for the impacts listed below, as described within your application received by the N.C, Division of Water Resources (Division) on January 19, 2017 and subsequent information on April 18, 2017 and May 26, 2017, and by Public Notice issued by the U. S. Army Corps of Engineers and received by the Division on February 17, 2017. The State of North Carolina certifies that this activity will not violate 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. This approval requires you to follow the conditions listed in the certification below. Conditions of Certification: Impacts Approved The following impacts are hereby approved provided that all of the conditions of the Certification are met. No other impacts are approved, including incidental impacts. [15A NCAC 02B .0506(b) & (c)] Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary 404/401 Wetlands 0.41 (acres) 0 (acres) Open Water 3.53 (acres) 0 (acres) 2. Stormwater Management Plan You are required to obtain a Stormwater management plan (SMP) approval letter from the Division of Energy, Mining and Land Resources (DEMLR) before any impacts authorized in this certification occur. After it is approved, the SMP may not be modified without prior written authorization from DEMLR. [15A NCAC 0211-1 .0506(b)(5) & (c)(5)] 3. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in.the application for this project. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices shall be performed so that no violations of state water quality standards, statutes, or rules occur. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of this certification. [15A NCAC 02H .0501 and .0502] Camp Davis industrial Park DWR# 17-0073 Individual Certification #4118 Page 4 of 7 4. Sediment and Erosion Control Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices. If applicable, the project must comply with the specific conditions and requirements of the NPDES Construction Stormwater Permit issued to the site and the following requirements [15A NCAC 02H .0506(b)(3) and (c)(3)1; Design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal or exceed the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor -owned or leased borrow pits associated with the project. b. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. c. Reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act and the Mining Act of 1971. d. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. e. The sedimeht and erosion control designs must comply with the requirements set forth in 15A NCAC 046 .0124 Design Standards in Sensitive Watersheds. 5. Sediment and erosion control measures shall not be placed in wetlands or waters. Exceptions to this condition require application submittal to and written approval by the Division. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, then design and placement of temporary erosion control measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands, stream beds, or banks, adjacent to or upstream and downstream of the above structures. All sediment and erosion control devices shall bel. removed and the natural grade restored within two (2) months of the date that the Division of Energy, Mineral and Land Resources (DEMLR) or locally delegated program has released the specific area within the project. f 15A NCAC 02H .0501 and .05021 6. Construction Stormwater Permit NCG010000 An NPDES Construction Stormwater Permit is required for construction projects that disturb one (1) or more acres of land. This Permit allows stormwater to be discharged during land disturbing construction activities as stipulated in the conditions of the permit. If your project is covered by this permit, full compliance with permit conditions including the erosion & Camp Davis Industrial Park bW R# 17-0073 Individual Certification #4118 Page 5 of 7 sedimentation control plan, inspections and maintenance, self-monitoring, record keeping and reporting requirements is required. A copy of the general permit (NCG010000), inspection log sheets, and other information may be found at: http://portal.ncdenr.org/web/wq/ws/su/npdessw#tab-w. [15A NCAC 02H .0506(b)(5) and (c)(5)] 7. Work in the Dry All work in or adjacent to stream waters 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, orthe NC DOT Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams, and other diversion structures shall be used to minimize excavation in flowing water. [15A NCAC 02H .0506(b)(3) and (c)(3)] 8. If concrete is used during the construction, then all necessary measures shall betaken 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 due to the potential for elevated pH and possible aquatic life/fish kills. [15A NCAC 02B .02001 9. Placement of Culverts and Other. Structures in Waters and Wetlands [15A NCAC 02H -.0506(b)(2) and (c)(2)] Culverts required for this project shall be installed in such a manner that the original stream profiles are not altered and to allow for aquatic life movement during low flows. Existing stream dimensions (including the cross section dimensions, pattern and longitudinal profile) must be maintained above and below locations of each culvert. Placement of culverts and other structures in waters, streams must be below the elevation of the streambed by one (1.) foot for all culverts with a diameter greater than 48 inches, and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow low flow passage of water and aquatic life. Installation of culverts in wetlands must ensure continuity of water movement and be designed to adequately accommodate high water or flood conditions. Additionally, when roadways, causeways, or other fill projects are constructed across FEMA -designated floodways or wetlands, openings such as culverts or bridges must 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 must be used where practicable instead of rip rap or other bank hardening methods. Camp Davis Industrial Park DWR# 17-0073 Individual Certification #4118 Page 6of7 10. Any riprap 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 riprap shall be buried and/or "keyed in" such that the original stream elevation and streambank contours are restored and maintained. Placement of riprap or other approved materials shall not result in de -stabilization of the stream bed or banks upstream or downstream of the area. [15A NCAC 02H .0506(b)(2)] 11. Any riprap used for stream stabilization shall be of a size and density to prevent movement by wave action, current action, or stream flows and consist of clean rock or masonry material free of debris or toxic pollutants. Riprap shall not be installed in the streambed except in specific areas required for velocity control and to ensure integrity of bank stabilization measures. [15A NCAC 02H .0506(b)(2)] 12. A one-time application of fertilizer to re-establish vegetation is allowed in disturbed areas including riparian buffers, but is restricted to no closer than 10 feet from top of bank of streams. Any fertilizer application must comply with all other Federal, State and Local regulations. [15A NCAC 02B .0231] 13. This Certification does not relieve the applicant of the responsibility to obtain all other required Federal, State, or Local approvals. 14. Continuing Compliance Mr. Thomas C. Rollins and Camp Davis Industrial Park shall conduct construction activities in a manner consistent with State water quality standards. (including any requirements resulting from compliance with section 303(d) of the Clean Water Act) and any other appropriate .requirements of State and Federal law. [15A NCAC 026 .0200] If the Division determines that such standards or laws are not being met (including the failure to sustain a designated or achieved use) or that State or federal law is being violated, or that further conditions are necessary to assure compliance, the Division may reevaluate and modify this Certification. Before modifying the Certification, the Division shall. notify Mr, Thomas C. Rollins and Camp Davis Industrial Park and the U.S. Army Corps of Engineers, provide public notice in accordance with 15A NCAC 02H .0503 and provide opportunity for public hearing in accordance with 15A NCAC 02H .0504. Any new or revised conditions shall be provided to Mr. Thomas C. Rollins and Camp Davis Industrial Park in writing, shall be provided to the U.S. Army Corps of Engineers for reference in any Permit issued pursuant to Section 404 of the Clean Water Act, and shall also become conditions of the 404 Permit for the project. Camp Davis Industrial Park DWR# 17-0073 Individual Certification 94118 Page 7 of 7 15. This approval is for the purpose and design described in your application and as described in the Public Notice. The plans and specifications for this project are incorporated by reference and are an enforceable part of the 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. Any new owner must notify the Division and request the Certification be issued in their name. [15A NCAC 02H .0501 and .05021 16. The applicant and/or authorized agent shall provide a completed Certificate of Completion Form to the DWR 401 & Buffer Permitting Branch within ten days of project completion (available at: http://portai.ncdenr.org/web/wq/swp/ws/401/certsandpermits/apply/forms). [15A NCAC 02H .0502(f)) 17. This certification grants permission to the director, an authorized representative of the Director, or DEQ staff, upon the presentation of proper credentials, to enter the property during normal business hours. [15A NCAC 02H .0502(e)] 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 or CAMA 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(d)(2) and 15A NCAC 02H.0506] Non-compliance with or violation of the conditions herein set forth may result in revocation of this Certification and may also result in criminal and/or civil penalties. This the 30th day of May 2017 140JYA Karen Higgins, Supervisor 401 & Buffer Permitting Branch KAH/jab 4118