20220060 Ver 1_Approval Letter_20220310

DocuSign Envelope ID: 625D9C80-D2B5-4CC8-958F-F1AC481C5322
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
S. DANIEL SMITH
Director
March 10, 2022
NORTH CAROLINA
Environmental Quality
DWR # 20220060
Wake County
Comet Development, LLC
Attn: Seth Coker
P.O. Box 116
Colfax, NC 27235
(via email [e-mail])
Subject: Approval of Individual 401 Water Quality Certification
Comet Raleigh Apartments
USACE Action ID. No. SAW-2021-02531
Dear Mr. Coker:
Attached hereto is a copy of Certification No. 4699 issued to Seth Coker and Comet Development, LLC,
dated March 10, 2022. This approval is for the purpose and design described in your application. The plans
and specifications for this project are incorporated by reference as part of this Water Quality Certification.
If you change your project, you must notify the Division and you may be required to submit a new
application package with the appropriate fee. If the property is sold, the new owner must be given a copy of
this Certification and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)].
This Water Quality Certification does not relieve the permittee of the responsibility to obtain all other
required Federal, State, or Local approvals before proceeding with the project, including those required
by, but not limited to, Sediment and Erosion Control, Non -Discharge, Water Supply Watershed, and
Trout Buffer regulations.
This Water Quality Certification neither grants nor affirms any property right, license, or privilege in any
lands or waters, or any right of use in any waters. This Water Quality Certification does not authorize any
person to interfere with the riparian rights, littoral rights, or water use rights of any other person and does
not create any prescriptive right or any right of priority regarding any usage of water. This Water Quality
Certification shall not be interposed as a defense in any action respecting the determination of riparian or
littoral rights or other rights to water use. No consumptive user is deemed by virtue of this Water Quality
Certification to possess any prescriptive or other right of priority with respect to any other consumptive
user.
Upon the presentation of proper credentials, the Division may inspect the property.
This Water Quality Certification shall expire on the same day as the expiration date of the corresponding
Section 404 Permit. The conditions shall remain in effect for the life of the project, regardless of the
expiration date of this Water Quality Certification.
Non-compliance with or violation of the conditions herein set forth may result in revocation of this Water
Quality Certification for the project and may also result in criminal and/or civil penalties.
£ D_E
NORTH CAROLINA
Department of EnvironmentalOualtt
North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office 13800 Barrett Drive I Raleigh, North Carolina 27609
919.791.4200

DocuSign Envelope ID: 625D9C80-D2B5-4CC8-958F-F1AC481C5322
Comet Raleigh Apartments
DWR# 20220060
Individual Certification #WQC004699
Page 2 of 9
If you are unable to comply with any of the conditions of this Water Quality Certification you must notify
the Raleigh Regional Office within 24 hours (or the next business day if a weekend or holiday) from the
time the permittee becomes aware of the circumstances.
The permittee shall report to the Raleigh Regional Office any noncompliance with, and/or any violation
of, stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment impacts to
streams or wetlands. Information shall be provided orally within 24 hours (or the next business day if a
weekend or holiday) from the time the permittee became aware of the non-compliance circumstances.
This approval and its conditions are final and binding unless contested [G.S. 143-215.5].
This Certification can be contested as provided in Chapter 150B of the North Carolina General Statutes by
filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative
Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter
150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code.
Additional information regarding requirements for filing a Petition and Petition forms may be accessed at
http://www.ncoah.com/ or by calling the OAH Clerk's Office at [phone].
One (1) copy of the Petition must also be served to the North Carolina Department of Environmental
Quality:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
If the party filing the Petition is not the permittee, then the party must also serve the recipient of the
Authorization Certificate in accordance with N.C.G.S 150B-23(a).
This letter completes the Division's review under section 401 of the Clean Water Act and 15A NCAC
02H .0500. Please contact Colleen Cohn at 919-791-4258 or [e-mail] if you have any
questions or concerns.
Sincerely,
—DocuSigned by:
Sat /.)i n.44A,
`— B C DA9 D 825 D4A46 D...
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
cc: Camden Brunick, Soil & Environmental Consultants (via email)
April Norton, USACE Raleigh Regulatory Field Office (via email)
DWR 401 & Buffer Permitting Branch Electronic file

DocuSign Envelope ID: 625D9C80-D2B5-4CC8-958F-F1AC481C5322
Comet Raleigh Apartments
DWR# 20220060
Individual Certification #WQC004699
Page 3 of 9
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #4699 is issued in conformity with the requirements of Section 401, Public Laws 92-
500 and 95-217 of the United States and subject to North Carolina's Regulations in 15 NCAC 02H .0500
and 15A NCAC 02B .0200, to Seth Coker and Comet Development, LLC, who have authorization for the
impacts listed below, as described within your application received by the N.C. Division of Water
Resources (Division) on January 10, 2022, and payment received January 11, 2022 with additional
information received February 23, 2022 and March 2, 2022.
The State of North Carolina certifies that this activity will comply with water quality requirements
and the applicable portions of Sections 301, 302, 303, 306, 307 of the Public Laws 92-500 and PL
95-217 if conducted in accordance with the application, the supporting documentation, and
conditions hereinafter set forth.
The following impacts are hereby approved. No other impacts are approved, including incidental
impacts. [15A NCAC 02H .0506(b)]
Type of Impact
Amount Approved
(units) Permanent
Amount Approved
(units) Temporary
401/404 Stream
S 1 : Road Crossing — Culvert
140 (linear feet)
0 (linear feet)
S2: Road Crossing — Rip Rap
55 (linear feet)
0 (linear feet)
S3: Road Crossing — Construction Access
0 (linear feet)
21 (linear feet)
S4: Road Crossing — Culvert
57 (linear feet)
0 (linear feet)
S5: Road Crossing — Rip Rap
38 (linear feet)
0 (linear feet)
S6: Road Crossing — Construction Access
0 (linear feet)
15 (linear feet)
S7: Utility Crossing
0 (linear feet)
31 (linear feet)
This approval requires you to follow the conditions listed in the certification below:
CONDITIONS OF CERTIFICATION [15A NCAC 02H .0507(c)]:
1) If this Water Quality Certification is used to access residential, commercial or industrial building sites,
then all parcels owned by the permittee that are part of the single and complete project authorized by this
Certification must be buildable without additional impacts to streams or wetlands.
Citation: 15A NCAC 02H.0502(a);15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c)
2) For road construction purposes, this Certification shall only be utilized from natural high ground to
natural high ground.
Citation: 15A NCAC 02H.0502(a);15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c)
3) Deed notifications or similar mechanisms shall be placed on all lots/parcels with retained jurisdictional
wetlands, waters, and state regulated riparian buffers within the project boundaries in order to assure
compliance with NC Water Quality Certification Rules (15A NCAC 02H .0500), NC Isolated Wetland
Rules (15A NCAC 02H .1300), and/or State Regulated Riparian Buffer Rules (15A NCAC 02B .0200).
These mechanisms shall be put in place at the time of recording of the property or individual parcels,
whichever is appropriate.
Citation: 15A NCAC 02H.0502(a);15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c)

DocuSign Envelope ID: 625D9C80-D2B5-4CC8-958F-F1AC481C5322
Comet Raleigh Apartments
DWR# 20220060
Individual Certification #WQC004699
Page 4 of 9
4) For all dam removal projects meeting the definition under G.S. 143-215.25 and requirements under G.S.
143-215.27 of a professionally supervised dam removal, the applicant shall provide documentation that
any sediment that may be released has similar or lower level of contamination than sediment sampled
from downstream of the dam in accordance with Session Law 2017-145.
Citation: 15A NCAC 02H .0502; 15A NCAC 02H .0506(b); 15A NCAC 02H . 0507(c); 15A
NCACO2B .0200; S.L. 2017-145;
5) If this Water Quality Certification is used for utility related impacts, then the following Activity Specific
Conditions shall apply to those impacts:
a) All sewer lines shall be designed, constructed and maintained in accordance with Title 15A NCAC
Chapter 02T, applicable Minimum Design Criteria (MDC), and/or Alternative Design Criteria.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c)
b) Any utility construction corridor that is parallel to a stream or open water shall not be closer than 10
feet to the top of bank or ordinary high-water mark.
Citation: 15A NCAC 02H . 0506(b); 15A NCAC 02H . 0507(c)
c) Where there are temporary or permanent impacts from stream crossings, utility lines shall cross the
stream channel at a near -perpendicular direction (i.e., between 75 degrees and 105 degrees to the
stream bank).
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c)
d) Construction corridors in wetlands and/or across stream channels shall be minimized to the maximum
extent practicable and shall not exceed 40 feet wide for utility lines.
For construction corridors in wetlands and across stream channels, stumps shall be grubbed only as
needed to install the utility and remaining stumps shall be cut off at grade level. The general stripping
of topsoil within wetlands along the construction corridor is prohibited.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c)
e) Permanent maintained access corridors in wetlands and across stream channels shall be restricted to
the minimum width practicable and shall not exceed 30 feet wide except at manhole locations.
Citation: 15A NCAC 02H . 0506(b); 15A NCAC 02H . 0507(c)
f) For all utility lines constructed within wetlands, an anti -seep collar shall be placed at the downstream
(utility line gradient) wetland boundary and every 150 feet up the gradient until the utility exits the
wetland. Anti -seep collars may be constructed with class B concrete, compacted clay, PVC pipe, or
metal collars. Wetland crossings that are directionally drilled, and perpendicular wetland crossings
that are open cut and less than 150 feet long do not require anti -seep collars. The compacted clay
shall have a specific infiltration of 1 X 10-5 cm/sec or less. See Water Quality General Certification
No. 4263 for a section and plan view diagram for the anti -seep collars.
The following specifications shall apply to class B concrete:
i) Minimum cement content, sacks per cubic yard with rounded coarse aggregate 5.0
ii) Minimum cement content, sacks per cubic yard with angular coarse aggregate 5.5
iii) Maximum water -cement ratio gallons per sack 6.8
iv) Slump range 2" to 4"
v) Minimum strength - 28-day psi 2,500

DocuSign Envelope ID: 625D9C80-D2B5-4CC8-958F-F1AC481C5322
g)
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c)
Comet Raleigh Apartments
DWR# 20220060
Individual Certification #WQC004699
Page 5 of 9
The permittee shall have a specific plan for restoring wetland contours to pre -construction conditions.
Any excess material will be removed to a high ground disposal area.
The mixing of topsoil and subsoils within the wetlands along utility corridors shall be minimized to
the greatest extent practical. During excavation, the soils shall be placed on fabric to minimize
impacts whenever possible. Topsoil excavated from utility trenches will be piled separately from
subsoils and will be backfilled into the trench only after the subsoils have been placed and compacted.
Citation: 15A NCAC 02H . 0506(b); 15A NCAC 02H . 0507(c)
6) The permittee shall report to the DWR Raleigh Regional Office any noncompliance with, and/or any
violation of, stream or wetland standards [15A NCAC 02B .0200], including but not limited to sediment
impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next
business day if a weekend or holiday) from the time the permittee became aware of the non-compliance
circumstances.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c)
7) No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the footprint of the
approved impacts (including temporary impacts).
Citation: 15A NCAC 02H.0506; 15A NCAC 02H.0507(c)
8) All activities shall be in compliance with any applicable State Regulated Riparian Buffer Rules in Chapter
2B of Title 15A in the North Carolina Administrative Code.
Citation: 15A NCAC 02H . 0506(b); 15A NCAC 02H . 0507(c)
9) When applicable, all construction activities shall be performed and maintained in full compliance with
G.S. Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973). Regardless of applicability of
the Sediment and Pollution Control Act, all projects shall incorporate appropriate Best Management
Practices for the control of sediment and erosion so that no violations of state water quality standards,
statutes, or rules occur.
Design, installation, operation, and maintenance of all sediment and erosion control measures shall be
equal to or exceed the requirements specified in the most recent version of the North Carolina Sediment
and Erosion Control Manual, or for linear transportation projects, the North Caroline Department of
Transportation Sediment and Erosion Control Manual.
All devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) sites,
including contractor -owned or leased borrow pits associated with the project. Sufficient materials
required for stabilization and/or repair of erosion control measures and stormwater routing and treatment
shall be on site at all times.
For borrow pit sites, the erosion and sediment control measures shall be designed, installed, operated, and
maintained in accordance with the most recent version of the North Carolina Surface Mining Manual.
Reclamation measures and implementation shall comply with the reclamation in accordance with the
requirements of the Sedimentation Pollution Control Act and the Mining Act of 1971.

DocuSign Envelope ID: 625D9C80-D2B5-4CC8-958F-F1AC481C5322
Comet Raleigh Apartments
DWR# 20220060
Individual Certification #WQC004699
Page 6 of 9
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c); 15A NCACO2B .0200; 15A NCAC
02B .0231
10) Sediment and erosion control measures shall not be installed in wetland or waters except within the
footprint of temporary or permanent impacts otherwise authorized by this Certification. If placed within
authorized impact areas, then placement of such measures shall not be conducted in a manner that results
in dis-equilibrium of any wetlands, streambeds, or streambanks. Any silt fence installed within wetlands
shall be removed from wetlands and the natural grade restored within two (2) months of the date that
DEMLR or locally delegated program has released the specific area within the project to ensure wetland
standards are maintained upon completion of the project.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c); 15A NCAC 02B .0200; 15A NCAC 02B
.0231
11) Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used along
streambanks or within wetlands.
Citation: 15A NCAC 02H . 0506(b); 15A NCAC 02H . 0507(c)
12) If the project is covered by NPDES Construction Stormwater Permit Number NCG010000 or NPDES
Construction Stormwater Permit Number NCG250000, full compliance with permit conditions including
the erosion & sedimentation control plan, inspections and maintenance, self -monitoring, record keeping
and reporting requirements is required.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c); 15A NCAC 02B .0200; 15A NCAC
02B .0231
13) All work in or adjacent to streams shall be conducted so that the flowing stream does not come in contact
with the disturbed area. Approved best management practices from the most current version of the NC
Sediment and Erosion Control Manual, or the NC Department of Transportation Construction and
Maintenance Activities Manual, such as sandbags, rock berms, cofferdams, and other diversion structures
shall be used to minimize excavation in flowing water.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c); 15A NCAC 02B .0200
14) In -stream structures installed to mimic natural channel geomorphology such as cross -vanes, sills, step -
pool structures, etc. shall be designed and installed in such a manner that allow for continued aquatic life
movement.
Citation: 15A NCAC 02H . 0506(b); 15A NCAC 02H . 0507(c)
15) Culverts shall be designed and installed in such a manner that the original stream profiles are not altered
and allow for aquatic life movement during low flows. The dimension, pattern, and profile of the stream
above and below a pipe or culvert shall not be modified by widening the stream channel or by reducing
the depth of the stream in connection with the construction activity. The width, height, and gradient of a
proposed culvert shall be such as to pass the average historical low flow and spring flow without
adversely altering flow velocity. If the width of the culvert is wider than the stream channel, the culvert
shall include multiple boxes/pipes, baffles, benches and/or sills to maintain the natural width of the stream
channel If multiple culverts/pipes/barrels are used, low flows shall be accommodated in one culvert/pipe
and additional culverts/pipes shall be installed such that they receive only flows above bankfull.

DocuSign Envelope ID: 625D9C80-D2B5-4CC8-958F-F1AC481C5322
Comet Raleigh Apartments
DWR# 20220060
Individual Certification #WQC004699
Page 7 of 9
Placement of culverts and other structures in streams shall be below the elevation of the streambed by one
foot for all culverts with a diameter greater than 48 inches, and 20% of the culvert diameter for culverts
having a diameter less than or equal to 48 inches, to allow low flow passage of water and aquatic life. If
the culvert outlet is submerged within a pool or scour hole and designed to provide for aquatic passage,
then culvert burial into the streambed is not required.
For structures less than 72" in diameter/width, and topographic constraints indicate culvert slopes of
greater than 2.5% culvert burial is not required, provided that all alternative options for flattening the
slope have been investigated and aquatic life movement/connectivity has been provided when possible
(e.g. rock ladders, cross -vanes, sills, baffles etc.). Notification, including supporting documentation to
include a location map of the culvert, culvert profile drawings, and slope calculations, shall be provided to
DWR 30 calendar days prior to the installation of the culvert.
When bedrock is present in culvert locations, culvert burial is not required, provided that there is
sufficient documentation of the presence of bedrock. Notification, including supporting documentation
such as a location map of the culvert, geotechnical reports, photographs, etc. shall be provided to DWR a
minimum of 30 calendar days prior to the installation of the culvert. If bedrock is discovered during
construction, then DWR shall be notified by phone or email within 24 hours of discovery.
Installation of culverts in wetlands shall ensure continuity of water movement and be designed to
adequately accommodate high water or flood conditions. When roadways, causeways, or other fill
projects are constructed across FEMA-designated floodways or wetlands, openings such as culverts or
bridges shall be provided to maintain the natural hydrology of the system as well as prevent constriction
of the floodway that may result in destabilization of streams or wetlands.
The establishment of native woody vegetation and other soft stream bank stabilization techniques shall be
used where practicable instead of rip -rap or other bank hardening methods.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c)
16) Application of fertilizer to establish planted/seeded vegetation within disturbed riparian areas and/or
wetlands shall be conducted at agronomic rates and shall comply with all other Federal, State and Local
regulations. Fertilizer application shall be accomplished in a manner that minimizes the risk of contact
between the fertilizer and surface waters.
Citation: 15A 02H.0506(b); 15A NCAC 02H.0507(c); 15A NCAC 02B .0200; 15A NCAC 02B .0231
17) If concrete is used during construction, then all necessary measures shall be taken to prevent direct
contact between uncured or curing concrete and waters of the state. Water that inadvertently contacts
uncured concrete shall not be discharged to waters of the state.
Citation: 15A 02H.0506(b); 15A NCAC 02H.0507(c); 15A NCAC 02B .0200; 15A NCAC 02B .0231
18) All proposed and approved temporary fill and culverts shall be removed and the impacted area shall be
returned to natural conditions within 60 calendar days after the temporary impact is no longer necessary.
The impacted areas shall be restored to original grade, including each stream's original cross -sectional
dimensions, planform pattern, and longitudinal bed profile. All temporarily impacted sites shall be
restored and stabilized with native vegetation.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c)

DocuSign Envelope ID: 625D9C80-D2B5-4CC8-958F-F1AC481C5322
Comet Raleigh Apartments
DWR# 20220060
Individual Certification #WQC004699
Page 8 of 9
19) All proposed and approved temporary pipes/culverts/rip-rap pads etc. in streams or wetlands shall be
installed as outlined in the most recent edition of the North Carolina Sediment and Erosion Control
Planning and Design Manual or the North Carolina Surface Mining Manual or the North Carolina
Department of Transportation Best Management Practices for Construction and Maintenance Activities
so as not to restrict stream flow or cause dis-equilibrium during use of this Certification.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c)
20) Any rip -rap required for proper culvert placement, stream stabilization, or restoration of temporarily
disturbed areas shall be restricted to the area directly impacted by the approved construction activity. All
rip -rap shall be placed such that the original streambed elevation and streambank contours are restored
and maintained and shall consist of clean rock or masonry material free of debris or toxic pollutants.
Placement of rip -rap or other approved materials shall not result in de -stabilization of the stream bed or
banks upstream or downstream of the area or be installed in a manner that precludes aquatic life passage.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c)
21) Any rip -rap used for stream or shoreline stabilization shall be of a size and density to prevent movement
by wave, current action, or stream flows, and shall consist of clean rock or masonry material free of
debris or toxic pollutants. Rip -rap shall not be installed in the streambed except in specific areas required
for velocity control and to ensure structural integrity of bank stabilization measures.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c); 15A NCAC 02B .0201
22) All mechanized equipment operated near surface waters shall be inspected and maintained regularly to
prevent contamination of surface waters from fuels, lubricants, hydraulic fluids, or other toxic materials.
Construction shall be staged in order to minimize the exposure of equipment to surface waters to the
maximum extent practicable. Fueling, lubrication, and general equipment maintenance shall be
performed in a manner to prevent, to the maximum extent practicable, contamination of surface waters by
fuels and oils.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c); 15A NCAC 02B .0200; 15A NCAC 02B
.0231
23) Heavy equipment working in wetlands shall be placed on mats or other measures shall be taken to
minimize soil disturbance and compaction.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c); 15A NCAC 02B .0231
24) In accordance with 143-215.85(b), the permittee shall report any petroleum spill of 25 gallons or more;
any spill regardless of amount that causes a sheen on surface waters; any petroleum spill regardless of
amount occurring within 100 feet of surface waters; and any petroleum spill less than 25 gallons that
cannot be cleaned up within 24 hours.
Citation: 15A NCAC 02H.0507(c); NC.G.S 143-215.85(b)
25) The permittee and their authorized agents shall conduct all activities in a manner consistent with State
water quality standards (including any requirements resulting from compliance with §303(d) of the Clean
Water Act), and any other appropriate requirements of State and Federal Law.

DocuSign Envelope ID: 625D9C80-D2B5-4CC8-958F-F1AC481C5322
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c)
Comet Raleigh Apartments
DWR# 20220060
Individual Certification #WQC004699
Page 9 of 9
26) 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 Water Quality
Certification. A copy of this Water Quality Certification shall be available at the project site during the
construction and maintenance of this project.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H .0507(c)
This approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your
application shall expire upon expiration of the 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(c)]
This, the loth day of March 2022,
,—DocuSigned by:
`— BC DA9D825D4A46D...
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
CMC
WQC004699