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HomeMy WebLinkAboutWQ0043596_Application (FTSE)_20220615NC Dept of Environmental duality DWRJUN 151022 Division of Water ResourceMeigh Regional OjEcc State of North Carolina Department of Environmental Quality Division of Water Resources FAST TRACK SEWER SYSTEM EXTENSION APPLICATION FTA 06-21 & SUPPORTING DOCUMENTATION Application Number: "4p�.S _9A Ito be completed by MAT) All items must be completed or the application will be returned 1. APPLICANT INFORMATION: 1. Applicant's name: Town of Clayton (company, municipality, HOA, utility, etc_) 2. Applicant type: ❑ Individual ❑ Corporation ❑ General Partnership ❑ Federal ❑ Slate/County ® Municipal 3. Signature authority's name: Joshua Bair per 15A NCAC 021' .0106fb} Title: Engineering Director 4. Applicant's mailing address: I I I E. Second Street City; Clayton State: NC Zip: 27520 5. Applicant's contact information: Phone number: (939) 533-5002 Email Address: jbairdC(Mownofclaytonnc.org 11. PROJECT INFORMATION: I. Project name. Highgate Phase 5 ❑ Privately -Owned Public Utility ❑ Other 2. Application/Project status- ® Proposed (New Permit) ❑ Existing Permit/Project If a modification, provide the existing permit number: WQ00 and issued date: , For modifications, also attach a detailed narrative description as described in Item G of the checklist. If new construction, but part of a master plan, provide the existing permit number: WQ00 3. County where project is located; Johnston 4. Approximate Coordinates (Decimal Degrees): Latitude: 35.6736 Longitude:-78.4752 5. Parcel ID (if applicable): 175000-50-8319 (or Parcel ID to closest downstream sewer) Ill. CONSULTANT INFORMATION: I. Professional Engineer: Mike Zaccardo, PE License Number: 022321 Firm: Timmons Group Mailing address: 5410 Trinity Road, Suite 102 City: Raleigh State: IVL Zip: 27607 Phone number: (19) 532-3281 Email Address: Mike.Zaccardoatimmons.com IV. WASTEWATER TREATMENT FACILITY (WWTF) INFORMATION: 1. Facility Name: Little Creek WRF Permit Number: 00-25453 Owner Name: Town of Clayton V. RECEIVING DOWNSTREAM SEWER INFORMATION: 1. Permit Number(s): WQ 042161 2. Downstream (Receiving) Sewer Information; 8 inch ® Gravity 7- Force Main 3. System Wide Collection System Permit Number(s) (if applicable): WQCS00147 Owner Name(s): Town of Clayton FORM: FTA 06-21 Page l of 5 THE COMPLETED APPLICATION PACKAGE INCLDING ALL SUPPORTING INFORMATION AND MATERIALS, SHOULD BE SENT TO THE APPROPRIATE REGIONAL OFFICE: REGIONAL OFFICE ADDRESS COUNTIES SERVED Asheville Regional Office 2090 US Highway 70 Avery, Buncombe, Burke, Caldwell, Cherokee, Water Quality Section Swannanoa, North Carolina 28778-8211 Clay, Graham, Haywood, Henderson, Jackson, (828) 296-4500 Macon, Madison, McDowell, Mitchell, Polk, (828) 299-7043 Fax Rutherford, Swain, Transylvania, Yancey Fayetteville Regional Office 225 Green Street Suite 714 Anson, Bladen, Cumberland, Harnett, Hoke, Water Qualily Section Fayetteville, North Carolina 28301-5095 Montgomery, Moore, Robeson, Richmond, (910) 433-3300 Sampson, Scotland (910)486-0707 Fax Mooresville Regional Office 610 E. Center Avenue Alexander, Cabarrus, Catawba, Cleveland, Water Quality Section Mooresville, North Carolina 28115 Gaston, Iredell, Lincoln, Mecklenburg, Rowan, (704) 663-1699 Stanly, Union (704)663-6040 Fax Raleigh Re Tonal Office 3800 Barrett Drive Chatham, Durham, Edgecombe, Franklin, Water Quality Section Raleigh, North Carolina 27609 Granville, Halifax, Johnston, Lee, Nash, (919) 791-4200 Northampton, Orange, Person, Vance, Wake, (919) 571-4718 Fax Warren, Wilson Washinaton Regional Office 943 Washington Square Mall Beaufort, Bertie, Camden, Chowan, Craven, Water Quality Section Washington, North Carolina 27889 Currituck, Dare, Gates, Greene, Hertford, Hyde, (252) 946-6481 Jones, Lenoir, Martin, Pamlico, Pasquotank, (252) 975-3716 Fax Perquimans, Pitt, Tyrrell, Washington, Wayne Wilmington Regional Office 127 Cardinal Drive Extension Brunswick, Carteret, Columbus, Duplin, New Water Quality Section Wilmington, North Carolina 28405 Hanover, Onslow, Pender (910)796-7215 (910)350-2004 Fax Winston-Salem Reallonal Office 450 W. Hanes Mill Road Alamance, Aileghany, Ashe, Caswell, Davidson, Water Quality Section Suite 300 Davie, Forsyth, Guilford, Rockingham, Randolph, Winston-Salem, North Carolina 27105 Stokes, Surry, Watauga, Wilkes, Yadkin (336) 776-9800 (336)776-9797 Fax INSTRUCTIONS FOR FORM: FTA 05-21 & SUPPORTING DOCUMENTATION Page 3 of 3 VI. GENERAL REQUIREMENTS I . If the Applicant is a Privately -Owned Public Utility, has a Certificate of Public Convenience and Necessity been attached? ❑ Yes ❑ No ® N.'A 2. If the Applicant is a Developer of lots to be sold, has a Developer's Operational Agreement FORM: DEV been attached? [:]Yes [:]No ® N?A 3_ If the Applicant is a Home.:Property Owners' Association, has an HQA+.POA Operational Agr4 inent ( QRM: HOA) and supplementary documentation as required by 15A NCAC 02T.01 15(c) been attached? [:]Yes ❑ No ® N+A 4. Origin of wastewater: (check all that apply): ® Residential (Individually Owned) ❑ Retail (stores, centers, malls) ❑ Car Wash ❑ Residential (Leased) ❑ Retail with food preparatiowservice ❑ Hotel and -or Motels ❑ School preschool ? day care ❑ Medical i dental! veterinary facilities ❑ Swimming Pool ';Clubhouse ❑ Food and drink facilities El Church ❑ Swimming Pool,'Filter Backwash ❑ Businesses! offices r factories ❑ Nursing Home ❑ Other (Explain in Attachment) 5. Nature of wastewater, 100 % Domestic _ % Commercial . % Industrial (Sec_ 15A NCAC 02T .0I03(20)) If Industrial, is there a Pretreatment Program in effect'? ❑ Yes [I No 6. Hasa flow reduction been approved under 15A NCAC 02T .01 14(f1? ® Yes ❑ No If yes. provide a copy of flow reduction roval letter with this application 7_ Summarize wastewater generated by project: Establishment Type (see 03T.0114(t)) Daily Design Flow' ° No. of Units Flow Residential 250 gallday 36 9,000 GPD gal.' GPD gal GPD gal! GPD gal+ GPD gal' GPD Total 9,000 GPD a See I 5A NCAC 02T .01 14b). f M, (eta 11.and t601 for caveats to wastewater design flow rates (i.e., minimum flow per dwelling; proposed unknown non-residential development uses; public access facilities located near high public use areas; and residential property located south or east of the Atlantic Intracoastal Waterway to be used as vacation rentals as defined in Ci. ,12A-4)_ b Per 15A NCAC 02T .01 14(c), design flow rates for establishments not identified [in table 15A NCAC 02T.01 14] shall be determined using available flow data, water using fixtures, occupancy or operation patterns, and other measured data. R. Wastewater generated by project: 9,000 GPD (per 15A NCAC 02T .01 14) Do not include future flows or previously permitted allocations If permitted flow is zero, please indicate why: ❑ Pump StationiForce Main or Gravity Sewer where flow will be permitted in subsequent permits that connect to this line. Please provide supplementary information indicating the approximate timeframe for permitting upstream sewers with flow. ❑ Flow has already been allocated in Permit Number: Issuance Date: ❑ Rehabilitation or replacement of existing sewers with no new flow expected ❑ Other (Explain): FORM: FTA 06-21 Page 2 of 5 VI1. GRAVITY SEWER DESIGN CRITERIA (If Applicable) - 02T .0305 & MDC (Gravity Sewers): 1. Summarize gravity sewer to be permitted: Size (inches) Length (feet) Material 8 1539 PVC 8 169 DIP Section Il & III of the MDC for Permitting of Gravity Sewers contains information related to design criteria D Section Ill contains information related to minimum slopes for gravity sewer(s) ➢ Oversizing lines to meet minimum slope requirements is not allowed and a violation of the MDC VI11. PUMP STATION DESIGN CRITERIA (If Applicable) — 02T .0305 & MDC (Pump Stations/Force Mains): PROVIDE A SEPARATE COPY OF THIS PAGE FOR EACH PUMP STATION INCLUDED IN THIS PROJECT 1. Pump station number or name: 2. Approximate Coordinates (Decimal Degrees): Latitude: Longitude: - 3. Total number of pumps at the pump station: 3. Design flow of the pump station: millions gallons per day (firm capacity) ➢ This should reflect the total GPM for the pump station with the largest pump out of service. 4. Operational point(s) per pump(s): gallons per minute (GPM) at feet total dynamic head (TDH) 5. Summarize the force main to be permitted (for this Pump Station): Size (inches) Length (feet) Material If any portion of the force main is less than 4-inches in diameter, please identify the method of solids reduction per MDCPSFM Section 2.01 C. Lb. ❑ Grinder Pump ❑ Mechanical Bar Screen ❑ Other (please specify) 6. Power reliability in accordance with 15A NCAC 02T .0305(h)(1): ❑ Standby power source or ❑ Standby pump ➢ Must have automatic activation and telemetry - 15A NCAC 02T.0305(h)(1)(B). ➢ Required for all pump stations with an average daily flow greater than or equal to 15,000 gallons per day ➢ Must be permanent to facility and may not be portable Or if the pump station has an average daily flow less than 15,000 gallons per day i 5A NCACO2T.0305(h)(1)(C): ❑ Portable power source with manual activation, quick -connection receptacle and telemetry - or ❑ Portable pumping unit with plugged emergency pump connection and telemetry: ➢ Include documentation that the portable source is owned or contracted by the applicant and is compatible with the station. ➢ If the portable power source or pump is dedicated to multiple pump stations, an evaluation of all the pump stations' storage capacities and the rotation schedule of the portable power source or pump, including travel timeframes, shall be provided as part of this permit application in the case of a multiple station power outage. FORM: FTA 06-21 Page 3 of 5 IX. SETBACKS & SEPARATIONS — (02B .0200 &: 15A NCAC 02T .0305(f)): 1 _ Does the project comply with all separations alternatives found in 15A NCAC 02T .0305(o & (g)? ® Yes [:]No 15A NCAC 02T.0305(f) contains minimum scoarations that shall be nrovidcd for sewer systems: Setback Parameter'* Separation Required Storm sewers and other utilities not listed below (vertical) 18 inches 'Water mains (vertical - water over sewer preferred, including in benched trenches) 18 inches 'Water mains (horizontal) 10 feet Reclaimed water lines (vertical - reclaimed over sewer) 18 inches Reclaimed water lines (horizontal - reclaimed over sewer) 2 feet **Any private or public water supply source, including any wells. WS-I waters of Class I or Class 11 impounded reservoirs used as a source of drinking water, and associated wetlands. 100 feet **Waters classified WS (except WS-1 or WS-V), B, SA, ORW, HQW, or SB from normal high water (or tide elevation) and wetlands associated with these waters (see item IX.2) 50 feet **Any other stream, lake, impoundment, or ground water lowering and surface drainage ditches, as well as wetlands associated with these waters or classified as WL_ 10 feet Any building foundation (horizontal) 5 feet Any basement (horizontal) 10 feet Top slope of embankment or cuts of 2 feet or more vertical height 10 feet Drainage systems and interceptor drains 5 feet Any swimming pools i 0 feet Final earth grade (vertical) 36 inches r If noncompliance with 02T.0305(f) or ", see Section X.I of this application *I5A NCAC 02T.0305(a} contains alternatives where separations in 02T.0305(f) cannot be achieved. Please check "yes" above if these alternatives are used and provide narrative information to explain. **Stream classifications can be identified using the Division's NC Surface Water Classifications web ae 2. Does this project comply with the minimum separation requirements for water mains? ® Yes [:]No ❑ N-A If no, please refer to 15A NCAC 18C.0906(f) for documentation requirements and submit a separate document. signediscaled by an NC licensed PE, verifying the criteria outlined in that Rule. 3. Does the project comply with separation requirements for wetlands'? ® Yes ❑ No ❑ N.--A %- Please provide supplementary information identifying the areas of non-conformance. %- See the Division's draft separation requirements for situations where separation cannot be met. No variance is required if the alternative design criteria specified is utilized in design and construction. 4. Is the project located in a river basin subject to any State buffer rules'? ® Yes Basin name: Neuse River ❑ No If yes, does the project comply with setbacks found in the river basin rules per 15A NCAC 02B .0200? ® Yes ❑ No i This includes Trout Buffered Streams per 15A NCAC 2B.0202 5. Does the project require coveragc,'authorization under a 404 Nationwide. -individual permits ® Yes ❑ No or 401 Water Quality Certifications? Please provide the permit numbedpermitting status in the cover letter if eoveragelauthorization is required. 6. Does project comply with 15A NCAC 02T.0 I 05(c)(6) (additional permitsicertifications)? ® Yes ❑ No Per 15A NCAC 02T.0 I 05(c)(6), directly related environmental permits or certification applications must be being prepared, have been applied for, or have been obtained. Issuance of this permit is contingent on issuance of dependent permits (erosion and sedimentation control plans, stormwater management plans, etc.). 7. Does this project include any sewer collection lines that are deemed "high -priority?" ❑ Yes ® No Per 15A NCAC 02T.0402, "high -priority sewer" means any aerial sewer, sewer contacting surface waters, siphon, or sewers positioned parallel to streambanks that are subject to erosion that undermines or deteriorates the sewer. Siphons and sewers suspended through interferencefconflict boxes require a variance approval. If yes, include an attachment with details for each line, including type (aerial line, size, material, and location). High priority lines shall be inspected by the permittee or its representative at least once every six -months and inspections documented per 15A NCAC 02T.0403(a)(5) or the permittee's individual System -Wide Collection permit. FORM: FTA 06-21 Page 4 of 5 uuuuoi9riciivawNtriu.r�ortr4.r-uo�.ovovu-ouc r�cruuCnotirC X. CERTIFICATIONS: 1. Does the submitted system comply with 15A NCAC 021 the Minimum Design Criteria for the Permitting of Pump Stations and Force Mains latest version and the Gravity Sewer Minimum Design Criteria (latest version) as applicable? ® Yes ❑ No If no, for projects requiring a single variance, complete and submit the Variance,- Alternative Design Request application (VADC 10-14) and supporting documents for review to the Central Office. Approval of the request will be issued concurrentlywith the approval Uf the permit. and pro*ects reguiring a variance approval may r review times. For ro'ects requiring two or more variances or where the variance is determined by the Division to be a si nificant portion of the vroiect. the lull technical review is re uired. P mWAhRt g�ineeeerr's��C�e�rtiifiication: I�_4�VHRWS .L v' 1 "'''"` k attest that this application for Highgate Phase 5 ( name from Application Item 111.1.) (Project Name from Application Item 11.1) has been reviewed by me and is accurate, complete and consistent with the information supplied In the plans, specifications, engineering calculations, and all other supporting documentation to the best of my knowledge. I further attest that to the best of my knowledge the proposed design has been prepared in accordance with the applicable regulations, Minimum Design Criteria for Gravity Sewers (latest version), and the Minimum Design Criteria for the Fast -Track Permitting of Pump Stations and Force Mains latest version). Although other professionals may have developed certain portions of this submittal package, inclusion of these materials under my signature and seal signifies that I have reviewed this material and have judged it to be consistent with the proposed design. NOTE - In accordance with General Statutes 143-215.6A and 143-215-613, any person who knowingly makes any false statement, representation, or certification in any application package shall be guilty of a Class 2 misdemeanor, which may include a fine not to exceed $10,000, as well as civil penalties up to $25,000 per violation. Misrepresentation of the application information, including failure to disclose any design non-compliance with the applicable Rules and design criteria, may subject the North Carolina -licensed Professional Engineer to referral to the licensing board. (21 NCAC 56.0701) -------------- North Carolina Professional Engineer's seal, signature, and date: '2022 3. Applicant's Certification per 15A NCAC 02T .0106(b): 1, Jnshua Baird , attest that this application for Highgate Phase 5 (Signature Authority Name from Application Item 1.3.) (Project Name from Application Item 11. l) attest that this application has been reviewed by me and is accurate and complete to the best of my knowledge. 1 understand that if all required parts of this application are not completed and that if all required supporting documentation and attachments are not included, this application package is subject to being returned as incomplete. I understand that any discharge of wastewater from this non -discharge system to surface waters or the land will result in an immediate enforcement action that may include civil penalties, injunctive relief, and/or criminal prosecution. I will make no claim against the Division of Water Resources should a condition of this permit be violated. I also understand that if all required parts of this application package are not completed and that if all required supporting information and attachments are not included, this application package will be returned to me as incomplete. NOTE - In accordance with General Statutes 143-215.6A and 143-215.613, any person who knowingly makes any false statement, representation, or certification in any application package shall be guilty of a Class 2 misdemeanor, which may include a fine not to exceed $10,000 as well as civil penalties up to $25,000 per violation. Signature: Date: 5/24/2022 FORM: FTA 06 21 Page 5 of 5 State of North Carolina Department of Environmental Quality Division of Water Resources Division of wat r Resources Flow Tracking/Acceptance for Sewer Extension Applications (FTSE 04-16) Entity Requesting Allocation: Town of Clayton Project Name for which flow is being requested: Highgate Phase 5 Mere than one FTSE_ mar he required Jor a single project if the ou ner of the ff'WTP rs not respon.vihle f+Ir all pump stations along the mute of the proposed ivameivaterJlow I. Complete this section only if you are the owner of the wastewater treatment plant. a. WWTP Facility Name: Little Creek b. WWTP Facility Permit #: 0025453 A11 flows are in MGD c. WWTP facility's permitted flow LCWRF 2.5 — JoCo 1.4 + Raleigh 1.75 — 5.65 MGD d. Estimated obligated flow not yet tributary to the WWTP 0.8402 e. WWTP facility's actual avg. flow 2.963 f. Total flow for this specific request 0.009 g. Total actual and obligated flows to the facility 3.8122 h. Percent of permitted flow used 67.5% 11. Complete this section for each pump station you are responsible for along the route of this proposed wastewater flow. List pump stations located between the project connection point and the WWTP: (A) (B) (C) (D)=(B+C) (E)=(A-D) Design Obligated, Pump Average Daily Approx. Not Yet Total Current Station Firm Flow** Current Avg. Tributary Flow Plus (Name or Capacity, " (Firm i pf), Daily Flow, Daily Flow, Obligated Available Number) MGD MGD MGD MGD Flow Capacity*** Clayton- D„1-0-t. 2.5056 1.0022 0.3440 0.2723 0.6163 0.3859 * The Firm Capacity of any pump station is defined as the maximum pumped flow that can be achieved with the largest pump taken out of service. ** Design Average Daily Flow is the firm capacity of the pump station divided by a peaking factor (pf) not less than 2.5. *** A Planning Assessment Addendum shall be attached for each pump station located between the project connection point and the WWTP where the Available Capacity is < 0. Downstream Facility Name (Sewer): Clayton -Raleigh PS Downstream Permit Number: _ W431521_ Page I of 6 FTSE 04-16 III. Certification Statement: I Joshua Baird certify to the best of my knowledge that the addition of the volume of wastewater to be permitted in this project has been evaluated along the route to the receiving wastewater treatment facility and that the flow from this project is not anticipated to cause any capacity related sanitary sewer overflows or overburden any downstream pump station en route to the receiving treatment plant under normal circumstances, given the implementation of the planned improvements identified in the planning assessment where applicable. This analysis has been performed in accordance with local established policies and procedures using the best available data. This certification applies to those items listed above in Sections I and II plus all attached planning assessment addendums for which I am the responsible party. Signature of this form indicates acceptance of this wastewater flow. i Sighing Official Signature 5/24/2022 Date Page 2 of 6 FTSE 04-16 PROJECT NARRATIVE Project Name: Highgate — Phase 5 Location: Clayton, Johnston County, NC Owner: Everland-Lee, LLC 104 State Avenue, Suite 103 Clayton, NC 27520 Developer: Everland-Lee, LLC 104 State Avenue, Suite 103 Clayton, NC 27520 Consultant. Timmons Group Mike Zaccardo, PE 5410 Trinity Road, Suite 102 Raleigh, NC 27607 Phone: 919-532-3281 PROJECT DESCRIPTION AND NARRATIVE: The proposed project is inside Clayton jurisdictional limits and is located along Shotweil Road, southeast of the intersection with Covered Bridge Road. The scope of this project will include the construction of 36 residential lots and associated roads in phase 5. The proposed public sewer extension will provide domestic service to Phase 5 of Highgate subdivision on a 11.34-acre tract of land (Phase 5) in Clayton, NC, Development Flow Rate: 10,800 gpd (36) 4 bedroom houses 300 gpd/unit I - -N7-NN � c L1� W 7 x rx E— POCK CIR s° C7 ME O Z D O m W m Vicinity Map -- VYL V LvVt State of North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross Jr., Secretary Kerr T.-Stevens, Director Mr. Steve Biggs, Town Manager Town of Clayton Post Office Box 879 Clayton, North Carolina 27520 lkear Mr. Biggs: A 4 IT 4 • ���1. mop= A NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RE:50URCE5 July 2, 2001 NC Dept of Environmental Qualit1 SEP 19 w Raleigh Regional office Subject: Town of Clayton Flow Reduction Approval Johnston County On January 3, 2001, the Division of Water Quality received your flow reduction request for new kingle-Family dwellings in the Town of Clayton. The letter requests approval of a residential flow value of 250 GPDlresidence for any future dwellings that may become tributary to the subject wastewater collection system. The Division also received additional information on April 3, 2001 The information provided flow records between January 1998 and November 2000 for the WWTP. The evaluation also included the daily wastewater flows for a 33 day period from February 19 through March 23, 2001 for a select 97 homes in accordance with l5A NCAC 2H .0219(1)(3). Based upon the information submitted, the Division hereby approves the use of 250 GPD per single- family residence in all applicable non -discharge permit applications for future sewer line extensions for the Town of Clayton. This consideration applies to any applicable future projects submitted to the Division as well as any projects which are currently under review. Regardless of the adjusted design daily wastewater flow rate, at no time shall the wastewater flows exceed the effluent limits defined in the Town's NPDES aermit for the treatment facility or exceed the capacity of the sewers downstream of any new sewer extension. If you have any questions or comments regarding this matter, please contact Mr. Kim H. Colson at (919)733-5083 ext. 540. Si e ely, �L Kerr T. Stevens cc: Raleigh Regional Office 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 Fax 919-715-6048 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper ll i. ,' - Location Location Description: Highgate is located near the northern boundary limits of the Town of Clayton, in Johnston County, NC. The 229-lot subdivision is bordered by Covered Bridge Road to the north, Shotwell Road to the west, an unnamed perennial stream to the southwest, and private residences and undeveloped timberland to the south and east. Project Area (acres). 58.93 Nearest Town: Clayton Nearest Waterway: UT Neuse River River Basin: Neuse Latitude and Longitude: 35.67208 N. -78.47350 W Existing Site Conditions The project area for the proposed subdivision is located in the piedmont physiographic region of North Carolina. The project area primarily comprises an existing residential development, and post -agricultural early successional forest land The property for Highgate was purchased by the current owners in 2005 as four tracts. Two of the tracts have become Highgate. Two additional tracts adjacent to the south are not a part of the project and are being developed by a different party. Rezoning for the project was approved by Clayton concurrently with the subdivision plans in 2015. In 2016, the main tract was purchased by Creech NC, LLC., and construction began. Infrastructure, utilities, and amenities associated with the construction of Phases 1 and 2 have been completed. Construction continues today in Phases 3 and 4_ Road and utility infrastructure associated with Highgate Phases 1 through 4 is largely complete. Previous impacts verified via Nationwide Permit on this project total 0.442 acre of wetland No stream impacts have been required to date. Construction of Phase 5 would require additional impacts, which would be authorized by this standard permit, originally submitted on January 18, 2021. During site visits on January 21, and 22, 2021, unauthorized impacts associated with a greenway trial (to be owned by the Town but constructed by the developer) had occurred. The application was put on hold on January 22, 2021, to assess and include those impacts in this application. A revised, complete application was received on April 16, 2021. No 100-year floodplain occurs on the project site. The applicant identified seven wetlands and two streams within the project boundaries. A total of 2.044 ac of wetland and 554.38 If of streams were identified. Version 6.15.2017 Page 2 0000000, • TIMMONS GROUP YOUR VISION ACHIEVED THROUGH OURS. TRANSMITTAL TO: NCDEQ DWR — Raleigh Regional Office 3800 Barrett Drive Raleigh, NC 27609 ❑ ENCLOSED PLEASE FIND: ❑ WE ARE SENDING UNDER SEPARATE COVER: NC Dept of Envim ,, tW JUN 15 2022 Raleigh Regional office Date: 06/06/2022 Job #: 49134 Project: Highgate Phase 5 Reference: Copies Sent To: COPIES DATE NUMBER DESCRIPTION 1 1 Fast Track Sewer Application (Incl. Flow Acceptance Form/ Certification Statement 1 2 Check for $480 1 3 Project Narrative 1 4 USGS ma 1 5 Vicinity Ma THESE ITEMS ARE TRANSMITTED: !f enclosures are not as noted, please notify us at once. COMMENTS: Feel free to contact me with any questions at 919-866-4934 or sean_heinCa7timmons.com. Thank you, Sean Hein Project Manager E 0 u c 0 E E Z i ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH Director October 13, 2020 Creech NC, LLC Attn: Ray Gottlieb 448 Viking Drive, Suite 220 Virginia Beach, VA 23452 NORTH CAROLINA Environmental Quality DWR #20-1143 Johnston County Subject: AFTER -THE -FACT APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS High Gate BMP Dear Mr, Gottlieb, You have our approval for the impacts listed below for the purpose described in your application received by the Division of Water Resources (Division) on September 4, 2020 with payment received on October 9, 2020. The impacts are covered by the attached General Water Quality Certification Number 4139 and the conditions listed below. This certification is associated with the use of Nationwide Permit Number 39 once it is issued to you by the U.S. Army Corps of Engineers (USACE). 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 and the following additional conditions: 1. The following impacts are hereby approved provided that all pf the other specific and general conditions of the Certification, General Permit and/or Buffer Rules are met. No other impacts are approved, including incidental impacts. [15A NCAC 02H .0506(b)(c)] Type of Impact Amount Approved Amount Approved (units) (units) Permanent Temporary Wetland W1: Stormwater BMP 0.442 (acres) 0 (acres) 00.0' D North Carolina Department of Environmental Quality I Division of Water Resources r � -Raleigh Regional Office 13800 Barrett Drive : Raleigh. North Carolina 27609 High Gate BMP DWR #20-11143 401 APPROVAL Page 2 of 4 2. Stormwater Management Plan (SMP) Approval from Local Community Required The Stormwater management plan (SMP) must be approved by Johnston County and meet the requirements of this Certification. The SMP may not be modified without prior written authorization from Johnston County. [15A NCAC 02H .0506(b)(3)] 3. Compensatory Mitigation Using a Private Mitigation Bank Mitigation must be provided for the proposed impacts as specified in the table below. The Division has received a Statement of Availability letter from Wildlands Holdings III, LLC and the Falling Creek Stream and Wetland Mitigation Bank to meet this mitigation requirement. The specific bank site to be debited will be the Falling Creek Site Site located in HUC 03020201. Until Wildlands Holdings III, LLC receives and clears your payment, and proof of payment has been provided to this Office, no impacts specified in this Certification shall occur. For accounting purposes, this Certification authorizes payment to Wildlands Holdings III, LLC to meet the following compensatory mitigation requirement [15A NCAC 02H .0506(c)]: Compensatory Mitigation Compensatory Mitigation Required Bank Sponsor River & Sub -Basin Number Wetlands 0.442 (acres) Wildlands Holding ill, LLC Neuse: 03020201 4. The permittee shall report to the Raleigh Regional Office any noncompliance with this certification, any violation of stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment impacts, and any violation of state regulated riparian buffer rules [15A NCAC 02B .0200]. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the applicant became aware of the circumstances. A written submission shall also be provided within 5 business days of the time the applicant becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its causes; the period of noncompliance, including exact dates and times, if the noncompliance has not been corrected, the anticipated time compliance is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The Division may waive the written submission requirement on a case -by -case basis. 5. Protective Fencing The outside buffer, wetland or water boundary and along the construction corridor within these boundaries approved under this authorization shall be clearly marked with orange warning fencing (or similar high visibility material) for the areas that have been approved to infringe within the buffer, wetland or water prior to any land disturbing activities to ensure compliance with 15 NCAC 02H .0500. [15A NCAC 02H .0506 (b)(2) and (c)(2) and 15A NCAC 02H .0507 (c)] High Gate BMP DWR ##20-11143 401APPROVAL Page 3 of 4 6. 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 and Buffer Authorization. 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 and is responsible for complying with all conditions. [15A NCAC 02B .0507(d)(2)] This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] This Certification and Buffer Authorization can be contested as provided in General Statute 150E 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. Friday between 8:00am and 5:00pm, excluding official state holidays). If sending by First Class Mail via the US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 If sending via delivery service (e.g. UPS, FedEx): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to Department of Environmental Quality: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 Please send one (1) copy of the petition to DWR: If sending by First Class Mail via the US Postal Service: Paul Wojoski NC DWR — 401 & Buffer Permitting Branch 1617 Mail Service Center Raleigh, NC 27699-1617 High Gate BMP DWR #20-11143 401 APPROVAL Page 4 of 4 If sending via delivery service (e.g. UPS, FedEx): Paul Wojoski NC DWR — 401 & Buffer Permitting Branch 512 N. Salisbury Street Raleigh, NC 27604 This letter completes the review of the Division under section 401 of the Clean Water Act and 15A NCAC 02H .0500. Please contact Stephanie Goss at 919-791-4256 or stephanie.goss@ncdenr.gov if you have any questions or concerns. Sincerely, Docuftned by: Sit UA4. BCDA4D82514A460. Scott Vinson, Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ Enclosure: GC 4139 cc: Chris Hopper, USACE Raleigh Regulatory Field Office (via email) Wyatt Brown, Brown Environmental Group, Inc. (via email) DWR RRO 401 files DWR RRO 401 & Buffer file via Laserfiche U.S. ARMY CORPS OF ENGINEERS Wilmington District Compensatory Mitigation Responsibility Transfer Form Permittee: Creech, LLC, Raymond Gottlieb Action ID: SAW-2020-00395 Project Name: High Gate Subdivision, Phase V, Stormwater BMP, Greenway County: Johnston 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 Wilmington District 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/or the mitigation will occur in more than one 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 verifies that the mitigation requirements (credits) shown below have been released and are available at the Identified site. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of whether 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 ledger to the Permittee, the Project Manager who issued the permit, the Bank Project Manager, and the 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: 03020201, Neuse River Basin Stream Impacts (linear feet) wetland Imnacts facresl Warm Cool Cold Riparian Riverine I Riparian Non-Riverine 0.414 i Coastal 'If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor. ipensatory Mitigation F Stream Mitigation Warm 1 Cool rements: 8-digit HUC and Basin: (13020201, Neuse River Basin Wetland M_ itigation (credits) Cold Riparian Riverine I Riparian Non-Riverine 1 Non -Riparian L Coastal 0.58 F ) Mitigation Site Debited: Falling Creek Stream and Wetland Mitigation Bank. Falling Creek Mitigation Site____ _ (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 specificsite 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 Wilmington District, 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:__-_ Wildlands Holdings III, LLC Name of Sponsor's Authorized Representative:� Robert W. Bugg 2022 -- May 27'•di� Hu . I!.la )- >mtoot =n:4 , Signature -of Sponsor's Authorized Representative Date of Signature Conditions for Transfer of Compensatory Mitigation Credit: • Once this document has been signed by the Mitigation Sponsor and the District 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 District 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. When NCDMS provides mitigation 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 NCDMS must be provided to the District within 30 days of permit issuance. NCDOT remains fuhy responsible for the mitigation until the District 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 USACE administrative records for both the permit and the Bank/ILF Instrument. it is the Permittee's responsibility to ensure that the District 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 District, the Sponsor must obtain case -by -case approval from the District Project Manager and/or North Carolina Interagency Review Team (NCIRT). 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 District administrative records for both the permift and the Bank/ILF Instrument. Comments/Additional Conditions: A letter from Wildland Holdin s PLC confirmin, the ,ire wilhn , and able to accept the dpplicant's compensatory fnitiaation responsibility, dated 12/29/2021 w.ss inriu{,ed with the preconj3 ruction notification. This form is not valid unless signed below by the District Project Manager and by the Mitigation Sponsor on Page 1. Once signed, the Sponsor should provide copies of this form along with an updated bank ledger to: 1 j the Permittee, 2) the District Project Manager at the address below, 3) the Bank Manager listed in RIBITS, and 4) the Wilmington District Mitigation Office, 3331 Heritage Trade Drive, Suite 105, Wake Forest, NC 27587 (or by email to SA VVM) Tdilusoce. orrr:y_ rail) Questions regarding this form or any of the permit conditions may be directed to the District Mitigation Office. USACE Project Manager: Christopher Hopper USACE Field Office: Raleigh Regulatory Office US Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 Email: christopher.d.hopper@usace.army.mil USACE Project Manager Signature 04 15 2022 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. NWP USCOE Permit - High Gate Subdivision, Phase V SAW-2020-00395 Final Audit Report 2022-05-27 Created: 2022-05-27 By: Ashley Yarsinske (ayarsinske@wildlandseng.com) Status: Signed Transaction ID: CBJCHSCAABAAgWxYB00pvc3Dnb-w-o6REORZdOsyVgB1 "NWP USCOE Permit - High Gate Subdivision, Phase V SAW-2 020-00395" History 'n Document created by Ashley Yarsinske (ayarsinske@wildiandseng.com) 2022-05-27 - 2-37:11 PM GMT Document emailed to Robert Bugg (rbugg@wildlandseng.com) for signature 2022-05-27 2:37.38 PM GMT Email viewed by Robert Bugg (rbugg@witdlandseng.com) 2022-05-27 - 2 40 46 PM GMT &9 Document e-signed by Robert Bugg (rbugg@wildlandseng.com) Signature Date: 2022-05-27 24113 PM GMT -Time Source, server Agreement completed 2022-05-27 - 2 41:13 PM GMT [3 Adobe Acrobat Sign M PUBLIC NOTICE US Army Corps Of Engineers Wilmington District Issue Date: April 30, 2021 Comment Deadline: June 1, 2021 Corps Action ID Number: SAW-2020-00395 The Wilmington District, Corps of Engineers (Corps) received an application on April 16, 2021, from Creech, LLC (Applicant) seeking Department of the Army (DA) authorization for the construction of final phases of Highgate Subdivision (Highgate). The Applicant requests DA authorization to impact 0.416 acre (ac) of Waters of the United States (WotUS), comprising 0.414 ac of wetlands and 110 linear feet (If) (0.002 ac) of stream channel for the construction of road and utility crossings. The road crossings are required to provide interconnectivity within the existing subdivision and surrounding secondary roads. Connections to existing Shotwell and Covered Bridge roads are not permittable by transportation standards due to traffic constraints near their intersection. Specific plans and location information are described below and shown on the attached plans. This Public Notice and all attached plans are also available on the Wilmington District Web Site at: htt ://www.saw.usace.ari-n .mil/Missions/Re ulato PermitPro ram as x Applicant: Mr. Raymond Gottlieb Creech, LLC. 448 Viking Drive, Suite 220 Virginia Beach, Virginia 23452 AGENT (if applicable): Mr. Wyatt Brown Brown's Environmental Group, Inc. 242 Batten Farm Road Selma, North Carolina 27576 Authority The Corps evaluates this application and decides whether to issue, conditionally issue, or deny the proposed work pursuant to applicable procedures of the following Statutory Authorities: ® Section 404 of the Clean Water Act (33 U.S.C. 1344) ❑ Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403) ❑ Section 103 of the Marine Protection. Research and Sanctuaries Act of 1972 (33 U.S.C. 1413) Version 6.19.2017 - - --- - — - - - Page 1