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HomeMy WebLinkAbout20171022 Ver 2_PCN Form Submission_20190319QXR, pMskm of Winer 8059ER68 Pre -Construction Notification (PCN) Form September 29, 2018 Ver 3 Initial Review Has this project met the requirements for acceptance in to the review process?* O Yes C No Is this project a public transportation project?* C Yes O No Charge only if needed. BIMS # Assigned* Version#* 20171022 2 Is a payment required for this project? C No payment required What amout is owed?* C Fee received O $240.00 O Fee needed - send electronic notification C $570.00 Reviewing Office* Winston-Salem Regional Office - (336) 776- Select Project Reviewer* 9800 Sue Homewood:eads\slhomewood Information for Initial Review Ia. Name of project: Blue Ridge EMC's Rutherwuod Substation Site- Modification 1a. Who is the Primary Contact?* Carson Dellinger, Environmental Resources of the Carolinas, Inc tb. Primary Contact Email:* Carson Dellinger@gmail.00m Date Submitted 3/19/2019 Nearest Body of Water Browne Branch Basin New Water Classification C; Tr:+ Site Coordinates Latitude: Longitude: 36.223986 -81.617222 1c. Primary Contact Phone:* (828)450-0161 A. Processing Information U County (or Counties) where the project is located: Watauga Is this project a public transportation project?* C Yes O No 1a. Type(s) of approval sought from the Corps: m Section 404 Permit (wetlands, streams and waters, Clean Water Act) ❑ Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) 1b. What type(s) of permit(s) do you wish to seek authorization? m Nationwide Permit (MNP) ❑ Regional General Permit (RGP) ❑ Standard (IP) 1c. Has the NWP or GP number been verified by the Corps? OYes0No Nationwide Permit (NWP) Number: NWP Numbers (for multiple NWPS): 1d. Type(s) of approval sought from the DWR: V 401 Water Quality Certification - Regular ❑ Non -404 Jurisdictional General Permit ❑ Individual Permit 12 - Utility Lines m 401 Water Quality Certification - Express ❑ Riparian Buffer Authorization Is. Is this notification solelyfor the record because written approval is not required? For the record onlyfor DWR 401 Certification: For the record only for Corps Permit: 1f. Is this an after -the -fact permit application?* O Yes O No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? O Yes O No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? O Yes O No Acceptance Letter Attachment Blue Ridge EMC's Rutherwood Substation_Mitigation_receipt.pdf th. Is the project located in any of NC's twenty coastal counties? O Yes O No 1j. Is the project located in a designated trout watershed? O Yes O No B. Applicant Information 1d. Who is applying for the permit? ❑ Owner ® Applicant (other than owner) 1e. Is there an Agent/Consultant for this project? O Yes O No 2. Owner Information 2a. Name(s) on recorded deed: Blue Ridge Energy 2b. Deed book and page no.: Book of Records 1692, page 756 2c. Responsible party: Mike High 2d.Address Street Address PO Box 112 Address L'ne 2 CKY Lenoir Fbstal / Zip Code 28645 2e. Telephone Number: (828)759-8928 2g. Email Address:* mhigh@blueridgeenergy.com 3. Applicant Information (if different from owner) 3a. Name: Carson Dellinger Sf3e / RMVxxs/ Fb0m NC Qx rtry USA 2f. Fax Number: 63.17KB O Yes O No O Yes O No 3b. Business Name: Environmental Resources of the Carolinas, Inc 3c.Address 72 Brownwood Ave Address Line 2 City Asheville Postal / Zip Code 28806 3d. Telephone Number: (828)450-0161 3f. Email Address:* Carson Dellinger@gmail.com C. Project Information and Prior Project History 1. Project Information tb. Subdivision name: (if appropriate) New River 1c. Nearest municipality/town: Boone 2. Project Identification 2a. Property Identification Number: 2921202861000 2c. Project Address Street Address Hwy 421 Address Line.i CRY Postal / Zip Code 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* Brown Branch 3b. Water Resources Classification of nearest receiving water:* C; Tr:+ 3c. What river basin(s) is your project located in?* New 3d. Please provide the 12 -digit HUC in which the project is located. 050500010202 4. Project Description and History State / Ravine / torr NC Country USA 3e. Fax Number: 2b. Property size: 36.5 State/ Rovinm / Rion Country 4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:* Agriculture: Auxiliary Improvement (e)dsting transmission line ROW) 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* C yes O No r Unknown 4c. If yes, please give the DWR Certification number or the Corps Action ID (exp. SAW -0000-00000). DWR Certification #:2017-1022 Corps Action ID: 2017-00187 Project History Upload GC4086.pdf Blue Ridge EMC's Rutherwood Substation Site _401.pdf 1.53MB 148.65KB 4d. Attach an 81/2 X 11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR) Soils and Location Map.pdf 832.92KB 4e. Attach an 81/2 X 11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. (for DWR) Soils and Location Map.pdf 832.92KB 4f. List the total estimated acreage of all existing wetlands on the property: .41 4g. List the total estimated linear feet of all existing streams on the property: 780 4h. Explain the purpose of the proposed project:* To construct an electric substation to meet the electric energy needs of the area population 41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* In order to build a pad for the substation, fill dirt from an adjacent property to the east will be moved to the site. Large dump trucks will be used to transport the dirt. A temporary culvert Will be necessary to create a crossing from the fill site to the project site. 4j. Please upload project drawings for the proposed project. Temp_Strean-X Plans.pdf 880.65KB Ruthennood Site Work Plans 11-27-18.pdf 34.24MB 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas? O Yes O No Comments: 5b. If the Corps made a jurisdictional determination, what type of determination was made?* O Preliminary 6 Approved O Not Verified O Unknown O WA Corps AID Number: SAW -2017-00187 Sc. If Sa is ves. who delineated the iurisdictional areas? Name (if known): William Elliott, USACE Agency/Consultant Company: Carson Dellinger, EROC Other: O Unknown 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made bythe Corps or DWR USACE Feb 2, 2017 Sd1. Jurisdictional determination upload Rutherwood Corp of Engineers - Certification of Completion - Mike High.pdf 1.02MB 6. Future Project Plans 6a. Is this a phased project?* O Yes O No Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity? D. Proposed Impacts Inventory 1. Impacts Summary 1a. Where are the impacts associated with your project? (check all that apply): m Wetlands ® Streams -tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction 2. Wetland Impacts % Site #* (?) 2a1 Reason(?) 2b. Impact type * M 2c. Type of W. * 2d. W. name * 2e. Forested * 2f. Type of 2g. Impact Jurisdicition*(?) area* N2 ::::] Stream crossing T Headwater Forest W2 No Both 0.002 (acres) 2g. Total Temporary Wetland Impact 2g. Total Permanent Wetland Impact 0.002 0.000 2g. Total Wetland Impact 0.002 2h. Comments: 3. Stream Impacts 3a. Reason for impact (?) 3b.lmpact type * 3c. Type of impact* 3d. S. name* 3e. Stream Type * 3f. Type of 3g. S. width * 3h. Impact (?) Jurisdiction* length* g1 Stream crossing :::Ttt::] Culvert :Ynnmed tributary Perennial Both 4 14 Avera3e(feet) (lin�rfeet) 31. Total jurisdictional ditch impact in square feet: 0 31. Total permanent stream impacts: 0 31. Total stream and ditch impacts: 14 3j. Comments: 31. Total temporary stream impacts: 14 E. Impact Justification and Mitigation v 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: The current design minimizes blasting to the site and minimizes grading. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: See plans. Materials vdll be utilized that minimize soil compaction. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? O Yes r No 2b. If this project DOES NOT require Compensatory Mitigation, explain why: does not exceed threshold F. Stormwater Management and Diffuse Flow Plan (required by DWR) CA) 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? r Yes r No If no, explain why: 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? rYes MNo 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? r Yes r No Comments: G. Supplementary Information v 1. Environmental Documentation 1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?* G Yes r No 2. Violations (DWR Requirement) 2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H.1300), or DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 2B.0200)?* r Yes r No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project result in additional development, which could impact nearby downstream water quality?* C Yes O No 3b. If you answered "no," provide a short narrative description. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* rYesr Nor wA 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or habitat?* r, Yes O No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* C Yes r No 5c. If yes, indicate the USFWS Field Office you have contacted. Asheville 5d. Is another Federal agency involved?* r Yes 6 No r Unknown 5e. Is this a DOT project located within Division's 1-8? r Yes C No 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? O Yes r No 5g. Does this project involve bridge maintenance or removal? O Yes O No 5h. Does this project involve the construction/installation of a wind turbine(s)?* O Yes G No 51. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.? 0 Yes M No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? Site inventory Consultation Documentation Upload Watauga Bio -wetlands report - final 9-18-15.pdf 8.14MB 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* r Yes r No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* An in-situ Threatened and Endangered Species Habitat survey was conducted in September 2015 by an environmental scientist and wildlife biologist of UC Synergenics. A list of federally listed species was obtained from US Fish and Wildlife Services. Though the site is located in a "trout county" no essential fish habitat was observed during an investigation by an environmental professional. No designated trout streams occur on the site. 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?* r Yes O No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* Archaeological inventory conducted by Archaeological Services of the Carolinas, Inc. in August, 2015 7c. Historic or Prehistoric Information Upload 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA -designated 100 -year floodplain?* d Yes 4 No 8c. What source(s) did you use to make the floodplain determination?* FEMAfloodplain map Miscellaneous Comments Erosion control plan approval letter attached Miscellaneous attachments not previously requested. Rutherwood NCD EQapp roval Letter 12-20-2018. pdf Signature m By checking the box and signing below, I certify that: 65.99KB • I have given true, accurate, and complete information on this form; • I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); • I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act'); • I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND • I intend to electronically sign and submit the PCN form. Full Name: Carson Dellinger Signature Date 3/19/2019 _ L) : _ - 1 ,k * _ _# ,h x•.02 - '4 '+„i - - �. �Y . _ I fi, - max, r, - �---�. • - , G Pprte' 3 { i _ --.,. r s '� -- .-k y • „�. _. -. v'f - 4•.. . '1. a t - _ •..♦ r' s `� i ti i 5 /' '+� -•�_ y"ate-��. � ��� � — Tj I a�� __ - " �• * � � * 4 ,- Site Locationrqn -- Lq a =� ale y rki �MT .. Boone h + �fv ' -- �- • ` " ~M _ - sty rt= ' OF Fes}. r n ♦ _ + ', r� - .... 'f— It - ! � I ; •'�� � IJk — p d 4t �. •�. '^ �f -' .%art ��� f la 1 . Copyrlght.©_2-013 National Geographic Society, i --cubed • ,�.- 7.95 cirri-: Vicinity Map Rir,hmrand ,---Site Location Raleigh Copyright: ©2013 Esn, DeLorme,r R7A\/TEQ Legend Subject Property N W+ \ E S Map Created By: UC 5"ERGETIC Figure 1 Site Location Map Highway 421 2.5 Miles East of Boone, NC Watauga County Site Approximately 36 Acres Biological Resources Assessment Prepared for: 13L UE RIDGE C-LC.Cti`iC jrtem6c enkir COI r. Vicinity Map Ci n ci nri a% Richmond ,----Site Location Raleigh Copyright: ©2013 Esri, DeLorme `K'AVTEQ N Legend Subject Property W E S CdE - Chandler fine sandy loam EvE - Evard-Cowee Complex 30-50% slope EvD - Evard-Cowee Complex 15-30% slope SnC - Saunook loam 8-15% slope SnD - Saunook loam 15-30% slope Map Created By: UC SYNERGETIC Figure 4 Soil Survey of Watauga County, NC Highway 421 2.5 Miles East of Boone, NC Watauga County Site Approximately 36 Acres Biological Resources Assessment Prepared for: I3t+[,/E RIDGE C-G-Ctf 1C jrtem6c enkir cvr p. map Mitigation Services ENVIRONMENTAL QUALITY RECEIPT October 23, 2017 Mike High Blue Ridge Electric Membership Corporation P.O. Box 112 Lenoir, NC 28645 Project: Blue Ridge EMC's Rutherwood Substation County: Watauga 401 permit#: 17-1002 404 permit#: 2017-00187 DMS ID#: MR -06661 Amount Paid: $17,943.00 Check Number: 124582 ROY COOPER Gm eraor MICHAEL S. REGAN The NCDEQ Division of Mitigation Services (DMS) has received a check as indicated above as payment for the compensatory mitigation requirements of the 401 Water Quality Certification/Section 404/CAMA Permit(s) issued for the above- referenced project. This receipt serves as notification that your compensatory mitigation requirements assigned to DMS associated with the authorized activity as specified below have been satisfied. You must also comply with all other conditions of this certification and any other state, federal or local government permits or authorization associated with this activity including G.S. § 143-214.11. The DMS, by acceptance of this payment, acknowledges that the Division is responsible for the compensatory mitigation requirements indicated below associated with the project permit and agrees to provide the compensatory mitigation as specified in the permit. Mitigation responsibility assigned to the DMS is nontransferable. The mitigation will be performed in accordance with the In -Lieu Fee Program instrument dated July 28, 2010. River Basin Mitigation Location 8 -di it HUC Mitigation Type Quantity New 05050001 Riparian Wetland 0.24 Refunds of payments made to NCDMS are only approved under certain conditions. All refund requests must be submitted in accordance with the Division's refund policy. If you have any questions or need additional information, please contact Kelly Williams at (919) 707-8915. Si , er y, B umg r aL� 0 irector cc: Todd Tugwell, USACE - Raleigh; William Elliott, USACE Nathan Bass, agent State of North Carolina I Environmental Quality I Mitigation Services 1652 Mail Service Center I Raleigh, NC 27699-1652 1 217 W. Jones Street, Suite 3000 919 707 8976 T IaTe1�►1t>�Ij��[�1;;i�►.�=y>![i�►17���'rl PROPERTY LEGAL DESCRIPTION: Blue Ridge Electric's Rutherwood Substation Site (Parcel ID 292180 1266 000) STREET ADDRESS: New Hwy 421, Boone, NC 28607 Please print: Contractor: Blue Ridge Electric The undersigned, registered property owners of the above noted property, do hereby authorize _Carson Dellinger (Contractor / Agent) of Environmental Resources of the Carolinas, Inc (Name of consulting firm) to act on my behalf and take all actions necessary for the processing, issuance and acceptance of this permit or certification and any and all standard and special conditions attached. Contractor's Address : 72 Brownwood Ave, Asheville, NC 28806 Telephone: (828)450 0161_____ We hereby certify the above information submitted in this application is true and accurate to the best of our knowledge. Authorized Signature Authorized Signature Date: 02/11/19 Date: Project Name. BiueRidrMe EMC Substation Date Verification Issued: 9/25/2017 Project Manager: William Elliott Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: WILMINGTON DISTRICT Attn: William Elliott Asheville Regulatory Office U.S Army Corps of Engineers 151 Patton Avenue, Room 208 Asheville, North Carolina 28801 Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. Failure to comply with any terms or conditions of this authorization may result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I administrative penalty, or initiating other appropriate legal action. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and condition of the said permit, and required mitigation was completed in accordance with the permit conditions. 1 NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: Blue Ridge Electric Membership File Number: Saw -2017-00187 Date: 9/25/2017 771 Corporation, Mike High Attached is: See Section below rINITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A PROFFERED PERMIT (Standard Permit or Letter of permission) B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at or http://www.usace.anny.mil/Missions/CivilWorks/Re ulatoryProgramandPennits aspx or the Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. ROY COOPER NORTH CAROLINA Governor Environmental Quality MICHAEL S. REGAN Secretary WILLIAM E. (TOBY) VINSON, JR lnterlm Oireclor December 20, 2018 LETTER OF APPROVAL B►ue Ridge Electric Membership Corp. Attn: Mike High P.O. Box 112 Lenoir, NC 28645 RE: Project Name: Rutherwood 230 kV Substation -Watauga County Acres Approved: 11.5 Project ID: WATAU-2019-004 County: Watauga City: Boone Address: US Highway 421/221 River Basin: New Stream Classification: Other Submitted By: Michael P. Trew, PE, Municipal Engineering Date Received by LQS: December 17, 2018 Plan Type: Revised Dear Mr. High: This office has reviewed the subject erosion and sedimentation control plan. We find the plan to be acceptable and hereby issue this Letter of Approval. The enclosed Certificate of Approval must be posted at the job site. This plan approval shall expire three (3) years following the date of approval, if no land -disturbing activity has been undertaken, as is required by Title 15A NCAC 4B.0129. Please be aware that your project will be covered by the enclosed NPDES Construction Stormwater General Permit NCG010000. Please become familiar with all the requirements and conditions of this permit in order to achieve compliance. North Caroilna DeparLneni of Envlronmenlal Quality I Division of Energy, hlMeral and Land Resources Winston-Salem Regional Office (450 Hones Mill Road, Suite 3001 Winston-Satem,North Carolina 27103 336.776.9800 Title 15A NCAC 4B .0118(a) requires that a copy of the approved erosion control plan be on file at the job site. Also, this letter gives the notice required - by G.S.113A-61.1(a) of our right of periodic inspection to insure compliance with the approved plan. North Carolina's Sedimentation Pollution Control Act is performance -oriented, requiring protection of existing natural resources and adjoining properties. If, following the commencement of this project, the erosion and sedimentation control pIan is inadequate to meet the requirements of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statute 113A-51 through 66), this office may require revisions to the plan and implementation of the revisions to insure compliance with the Act. Acceptance and approval of this plan is conditioned upon your compliance with Federal and State water quality laws, regulations, and rules. In addition, local city or county ordinances or rules may also apply to this land -disturbing activity. This approval does not supersede any other permit or approval. Please note that this approval is based in part on the accuracy of the information provided in the Financial Responsibility Form, which you provided. You are requested to file an amended form if there is any change in the information included on the form. In addition, it would be helpful if you notify this office of the proposed starting date for this project. Please notify us if you plan to have a preconstruction conference. Your cooperation is appreciated. Sincerely, Matte E. Gantt, P J` Regional Engineer Land Quality Section Enclosures: Certificate of Approval NPDES Permit cc: Michael P. Trew, PE Municipal Engineering Services Company, PA 671 West King Street, Suite A P.O. Box 349 Boone, NC 28607 WSRO File October 10, 2017 UC Synergetic LLC Attn: Nathan Bass 123 North White Street Fort Mill SC 29715 ROY COOPER. Govemor MICHAEL S. REGAN ;Secretary S. JAY ZIMMERMAN Dii-ecf07" DWR # 2017-1022 Watauga County Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Blue Ridge EMC's Rutherwood Substation Site Dear Mr. Bass: You have our approval for the impacts listed below for the purpose described in your application dated July 24, 2017, received by the Division of Water Resources (Division) August 15, 2017, with subsequent information on September 11, 2017, September 13, 2017 and October 4, 2017. These impacts are covered by the attached Water Quality General Certification Number 4086 and the conditions listed below. This certification is associated with the use of Nationwide Permit Number 12 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed regulations. This approval requires you to follow the conditions listed in the enclosed certification(s) or general permit and the following additional conditions: 1. The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification are met. No other impacts are approved, including incidental impacts. [15A NCAC 02H .0506(b) and/or (c)] . Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Stream Site 1 113 (linear feet) 0 (linear feet) 404/401 Wetlands Site 1 0.24 (acres) 0 (acres) State of North Carolina I Environmental Quality 450 W. Hanes Mill Road, Suite 300, Winston-Salem, North Carolina 27105 Phone: 336-776-98001 FAX: 336-776-9797 UC Synergetic LLC DWR# 2017-1022 401 APPROVAL Page 2 of 3 2. 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 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 approval letter and General Certification(s)/Permit/Authorization and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)] This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] This Certification can be contested as provided in Articles 3 and 4 of General Statute 1506 by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH) within sixty (60) calendar days. A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh, NC 27699-6714 Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DEQ: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 UC Synergetic LLC DWR# 2017-1022 401 APPROVAL Page 3 of 3 This letter completes the review of the Division under section 401 of the Clean Water Act. Please contact Sue Homewood at 336-776-9693 or sue.homewoodCD-ncdenr.gov if you have any questions or concerns. Sincerely, Sherri V. Knight, P. E. Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ — WSRO Enclosures: GC 4086 cc: Carson Dellinger, Environmental Resources of the Carolinas Inc (via email) Mike High, Blue Ridge Electric Membership Corporation (via email) Amanda Fuemmeler, USACE Asheville Regulatory Field Office (via email) DWR WSRO 401 file DWR 401 & Buffer Permitting Unit file STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER RESOURCES WATER QUALITY GENERAL CERTIFICATION NO. 4086 GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR US ARMY CORPS OF ENGINEERS • NATIONWIDE PERMIT 12 (UTILITY LINE ACTIVITIES) Water Quality Certification Number 4086 is issued in conformity with the requirements of Section 401, Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Regulations in 15A NCAC 02H .0500 and 15A NCAC 02B .0200 for the discharge of fill material to surface waters and wetland areas as described in 33 CFR 330 Appendix A (B) (12) of the US Army Corps of Engineers regulations. 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. Effective date: March 19, 2017 Signed this day March 3, 2017 for S. Jay Zimmerman, P.G. Director WX1:• Activities meeting any one (1) of the following thresholds or circumstances require written approval for a 401 Water Quality Certification from the Division of Water Resources (DWR): a) If any of the Conditions of this Certification (listed below) cannot be met; or b) Any permanent fill into or modification of wetlands and/or waters; or c) Total temporary impacts to streams greater than 500 feet; or d) Any stream relocation or stream restoration; or e) Any impacts to waters, or to wetlands adjacent to waters, designated as: ORW (including SAV), HQW (including PNA), SA, WS -I, WS -II, Trout, or North Carolina or National Wild and Scenic River; or f) Any impacts to coastal wetlands [15A NCAC 07H .02051, or Unique Wetlands (UWL); or g) Any impact associated with a Notice of Violation or an enforcement action for violation(s) of NC Wetland Rules (15A NCAC 02H .0500), NC Isolated Wetland Rules (15A NCAC 02H .1300), NC Surface Water or Wetland Standards (15A NCAC 02B .0200), or State Regulated Riparian Buffer Rules (15A NCAC 02B .0200); or h) Any impacts to subject water bodies and/or state regulated riparian buffers along 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" 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 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 Certification that do not meet one of the thresholds listed above do not require written approval. I. ACTIVITY SPECIFIC CONDITIONS: 1. All sewer lines shall be designed, constructed and maintained in accordance with Title 15A NCAC Chapter 02T. 2. 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. Exceptions to this condition require application to and written approval from DWR. [15A NCAC 02H .0506 (b)(4) and (c)(4)] 3. Utility lines shall cross all stream channels at a near -perpendicular direction (i.e., between 75 degrees and 105 degrees to the stream bank). Exceptions to this condition require application to and written approval from DWR. [15A NCAC 02H .0506 (b)(2) and (c)(2)] Page 2of12 GC4086 4. Construction corridors in wetlands and across stream channels shall be minimized to the maximum extent practicable and shall not exceed 50 feet wide for gas utility lines and 40 feet wide for all other utility lines. Exceptions to this condition require application to and written approval from DWR. [15A NCAC 02H .0506 (b)(2) and (c)(2)] 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 not permitted. 5. 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 for gas utility lines and 20 feet wide for all other utility lines except at manhole locations. 15 -foot by 15 - foot perpendicular vehicle turnarounds shall be allowed in access corridors but must be spaced at least 500 feet apart. Exceptions to this condition require application to and written approval from DWR. [15A NCAC 02H .0506 (b)(2) and (c)(2)] 6. For all utility lines constructed within wetlands, an anti -seep collar shall be placed at the downstream (utility line gradient) wetland boundary and every 150 feet up the gradient until the utility exits the wetland. Anti -seep collars may be constructed with class B concrete, compacted clay, PVC pipe, or metal collars. Wetland crossings that are directionally drilled, and perpendicular wetland crossings that are open cut and less than 150 feet long do not require anti -seep collars. The compacted clay shall have a specific infiltration of 1 X 10-5 cm/sec or less. A section and plan view diagram is attached for the anti -seep collars. [15A NCAC 02H.0506 (b)(4) and (c)(4)] The following specifications shall apply to class B concrete: a. Minimum cement content, sacks per cubic yard with rounded course aggregate 5.0 b. Minimum cement content, sacks per cubic yard with angular course aggregate 5.5 c. Maximum water -cement ratio gallons per sack 6.8 d. Slump range 2" to 4" e. Minimum strength - 28 day psi 2,500 7. The applicant shall have a specific plan for restoring wetland contours. Any excess material will be removed to a high ground disposal area. [15A NCAC 02H .0506 (b)(2) and (c)(2)] The mixing of topsoil and subsoils within the wetlands along utility corridors shall be minimized to the greatest extent practical. During excavation, the soils shall be placed on fabric to minimize impacts whenever possible. Topsoil excavated from utility trenches will be piled separately from subsoils and will be backfilled into the trench only after the subsoils have been placed and compacted. Page 3 of 12 GC4086 8. For the North Carolina Department of Transportation, compliance with the NCDOT's individual NPDES permit NCS000250 shall serve to satisfy this condition. For all other utility line and associated facilities projects that disturb 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); have permanent wetland, stream, or open water impacts; and are proposing new built -upon area shall comply with the following requirements: [15A NCAC 02H .0506(b)(5) and (c)(5)] a. Stormwater management shall be provided throughout the entire project area in accordance with 15A NCAC 02H .1003. For the purposes of 15A NCAC 02H .1003(2)(a), density thresholds shall be determined in accordance with 15A NCAC 02H .1017. b. Projects that have vested rights, exemptions, or grandfathering from state or locally - implemented stormwater programs do not satisfy this condition. Projects that satisfy state or locally -implemented stormwater programs through use of community in -lieu programs do not satisfy this condition. c. Projects that require written authorization from DWR shall submit the following with their application for review and approval: i. For projects that have a stormwater management plan (SMP) reviewed under a state stormwater program' or a state -approved local government stormwater prograM2 shall submit plans that show the location and approximate size of all proposed stormwater measures; ii. All other low density projects not covered above shall submit a completed low density supplement form with all required items; and iii. All other high density projects not covered above shall submit a completed SMP, including all appropriate stormwater control measure (SCM) supplemental forms and associated items, that complies with the high density development requirements of 15A NCAC 02H .1003. d. Projects that do not require written approval from DWR shall obtain approval of the SMP, when required, before any impacts authorized by this Certification occur. e. SMPs approved by DWR may be phased on a case-by-case basis. SMPs for each future phase must be approved before construction of that phase commences. Approved SMPs may not be modified without prior written authorization from DWR. 1 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 4 of 12 GC4086 II. GENERAL CONDITIONS: 1. When written authorization is required, the plans and specifications for the project are incorporated into the authorization by reference and are an enforceable part of the Certification. Any modifications to the project require notification to DWR and may require an application submittal to DWR with the appropriate fee. [15A NCAC 02H .0501 and .0502] 2. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the footprint of the impacts (including temporary impacts) as authorized in the written approval from DWR; or beyond the thresholds established for use of this Certification without written authorization. [15A NCAC 02H .0501 and .0502] No removal of vegetation or other impacts of any kind shall occur to state regulated riparian buffers beyond the footprint of impacts approved in a Buffer Authorization or Variance or as listed as an exempt activity in the applicable riparian buffer rules. [15A NCAC 02B .02001 3. In accordance with 15A NCAC 02H .0506(h), compensatory mitigation may be required for losses of greater than 150 linear feet of streams and/or greater than one (1) acre of wetlands. Impacts to isolated and other non -404 jurisdictional wetlands shall not be combined with 404 jurisdictional wetlands for the purpose of determining when impact thresholds trigger a mitigation requirement. 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 150 linear feet per stream. 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. 4. All activities shall be in compliance with any applicable State Regulated Riparian Buffer Rules in Chapter 2 of Title 15A. 5. 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. [15A NCAC 02H .0506 (b)(3) and (c)(3) and 15A NCAC 0213 .0200] 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 NCDOT Sediment and Erosion Control Manual. Page 5 of 12 GC4086 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. 6. Sediment and erosion control measures shall not be placed in wetlands or waters except within the footprint of temporary or permanent impacts authorized under this Certification. Exceptions to this condition require application to and written approval from DWR. [15A NCAC 02H .0501 and .05021 7. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used along streambanks or within wetlands. Exceptions to this condition require application to and written approval from DWR. [15A NCAC 026 .0201] 8. An NPDES Construction Stormwater Permit (NCG010000) is required for construction projects that disturb one (1) or more acres of land. The NCG010000 Permit allows stormwater to be discharged during land disturbing construction activities as stipulated in the conditions of the permit. If the project is covered by this permit, full compliance with permit conditions including the erosion & sedimentation control plan, inspections and maintenance, self-monitoring, record keeping and reporting requirements is required. [15A NCAC 02H .0506(b)(5) and (c)(5)] 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 (NCS000250) stormwater permit. [15A NCAC 02H .0506(b)(5) and (c)(5)] 9. 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 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. Exceptions to this condition require application to and written approval from DWR. [15A NCAC 02H .0506(b)(3) and (c)(3)] Page 6 of 12 GC4086 10. 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. [15A NCAC 02H .0506 (b)(2) and 15A NCAC 0413 .0125] 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. A copy of the approval from the resource agency shall be forwarded to DWR. 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. 11. 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. [15A NCAC 02H .0506(b)(2) and (c)(2)] 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 multiple pipes or barrels are required, they shall be designed to mimic the existing stream cross section as closely as possible including pipes or barrels at flood plain elevation and/or sills where appropriate. Widening the stream channel shall be avoided. When topographic constraints indicate culvert slopes of greater than 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, etc.). Notification, including supporting documentation to include a location map of the culvert, culvert profile drawings, and slope calculations, shall be provided to DWR 60 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 60 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. Page 7 of 12 1.. If other site-specific topographic constraints preclude the ability to bury the culverts as described above and/or it can be demonstrated that burying the culvert would result in destabilization of the channel, then exceptions to this condition require application to and written approval from DWR. 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. 12. 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. Exceptions to this condition require application to and written approval from DWR. [15A NCAC 02H .0506(b)(5)] 13. 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. [15A NCAC 02B .0200 and 15A NCAC 026 .0231] 14. 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. [15A NCAC 02B.0200] 1S. 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. For projects that receive written approval, no temporary impacts are allowed beyond those included in the application and authorization. All temporarily impacted sites shall be restored and stabilized with native vegetation. [15A NCAC 02H .0506(b)(2) and (c)(2)] Page 8 of 12 GC4086 16. 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 during use of this Certification. [15A NCAC 02H .0506(b)(2) and (c)(2)] 17. 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 stream elevation and streambank contours are restored and maintained. 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 in a manner that precludes aquatic life passage. [15A NCAC 02H .0506(b)(2)] 18. 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. [15A NCAC 02H .0506(b)(2)] 19. Applications for rip -rap groins proposed in accordance with 15A NCAC 07H .1401 (NC Division of Coastal Management General Permit for construction of Wooden and Rip -rap Groins in Estuarine and Public Trust Waters) shall meet all the specific conditions for design and construction specified in 15A NCAC 07H .1405. 20. All mechanized equipment operated near surface waters shall be inspected and maintained regularly to prevent contamination of stream 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 not take place within 50 feet of a waterbody or wetlands to prevent contamination by fuels and oils. [15A NCAC 02H .0506(b)(3) and (c)(3) and 15A NCAC 026 .0211 (12)] 21. Heavy equipment working in wetlands shall be placed on mats or other measures shall be taken to minimize soil disturbance. [15A NCAC 02H .0506(b)(3) and (c)(3)] 22. In accordance with 143-215.85(b), the applicant 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. Page 9 of 12 GC4O86 23. If an environmental document is required under the State Environmental Policy Act (SEPA), then this General Certification is not valid until a Finding of No Significant Impact (FONSI) or Record of Decision (ROD) is issued by the State Clearinghouse. If an environmental document is required under the National Environmental Policy Act (NEPA), then this General Certification is not valid until a Categorical Exclusion, the Final Environmental Assessment, or Final Environmental Impact Statement is published by the lead agency. [15A NCAC 01C .0107(a)] 24. This General Certification does not relieve the applicant 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. 25. The applicant 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. If DWR determines that such standards or laws are not being met, including 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, then DWR may revoke or modify a written authorization associated with this General Water Quality Certification. [15A NCAC 02H .0507(d)] 26. When written authorization is required for use of this Certification, upon completion of all permitted impacts included within the approval and any subsequent modifications, the applicant shall be required to return a certificate of completion (available on the DWR website: https:Hedocs.deg.nc.gov/Forms/Certificate-of-Completion). [15A NCAC 02H .0502(f)] 27. Additional site-specific conditions, including monitoring and/or modeling requirements, may be added to the written approval letter for projects proposed under this Water Quality Certification in order to ensure compliance with all applicable water quality and effluent standards. [15A NCAC 02H .0507(c)] 28. If the property or project is sold or transferred, the new Permittee shall be given a copy of this Certification (and written authorization if applicable) and is responsible for complying with all conditions. [15A NCAC 02H .0501 and .05021 GENERAL CERTIFICATION ADMINISTRATION: 1. In accordance with North Carolina General Statute 143-215.3D(e), written approval for a 401 Water Quality General Certification must include the appropriate fee. An applicant for a CAMA permit under Article 7 of Chapter 113A of the General Statutes for which a Water Quality Certification is required shall only make one payment to satisfy both agencies; the fee shall be as established by the Secretary in accordance with 143-215.3D(e)(7). Page 10 of 12 GC4086 2. This Certification neither grants nor affirms any property right, license, or privilege in any waters, or any right of use in any waters. This Certification does not authorize any person to interfere with the riparian rights, littoral rights, or water use rights of any other person and this Certification does not create any prescriptive right or any right of priority regarding any usage of water. This 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 Certification to possess any prescriptive or other right of priority with respect to any other consumptive user regardless of the quantity of the withdrawal or the date on which the withdrawal was initiated or expanded. 3. This Certification 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. [15A NCAC 02H .0502(e)] 4. This General Certification shall expire on the same day as the expiration date of the corresponding Nationwide Permit and/or Regional General Permit. The conditions in effect on the date of issuance of Certification for a specific project shall remain in effect for the life of the project, regardless of the expiration date of this Certification. This General Certification is rescinded when the US Army Corps of Engineers reauthorizes any of the corresponding Nationwide Permits and/or Regional General Permits or when deemed appropriate by the Director of the Division of Water Resources. 5. Non-compliance with or violation of the conditions herein set forth by a specific project may result in revocation of this General Certification for the project and may also result in criminal and/or civil penalties. 6. The Director of the North Carolina Division of Water Resources may require submission of a formal application for Individual Certification for any project in this category of activity if it is 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 degrade the waters so that existing uses of the water or downstream waters are precluded. 7. Public hearings may be held prior to a Certification decision if deemed in the public's best interest by the Director of the North Carolina Division of Water Resources. History Note: Water Quality Certification (WQC) Number 4806 issued March 3, 2017 replaces WQC 3884 issued March 19, 2012, WQC Number 3819 issued March 19, 2010, WQC Number 3699 issued November 1, 2007; WQC Number 3625 issued March 19, 2007, WQC Number 3374 issued March 18, 2002, WQC Number 3288 issued June 1, 2000; WQC Number 3101 issued February 11, 1997; WQC Number 3022 issued September 6, 1995, WQC Number 2664 issued January 21, 1992. Page 11 of 12 GC4086 ANTI -SEEP COLLAR f tlni�ches Utility Line I I (Diameter Varies) 1 foot I I 1 1 I�-- I I t Class B Concrete or Compacted Clay 6 inches rench Width 6 inches Not to exceed 40 feet SECTION 6 inches♦ PLAN Page 12 of 12 Class B Concrete or Compacted Clay .,6 inches 12 inches