20191670 V2_Olive Branch Subdivision_IP29_Johnston_EBX.docx.pdf

DocuSign Envelope ID:C2096EA5-6927-4899-B30A-OEB234CCA07A
a�t STATE
ti
ROY COOPER = . o
Governor
ELIZABETH S.BISER `
Secretary
RICHARD E.ROGERS,JR. NORTH CAROLINA
Director Environmental Quality
October 17,2023
DWR#20191670 V2
Johnston County
Leoterra Olive Branch,LLC
Attn: Kat Lyons
110-A Shields Park Drive
Kernersville,NC 27284
(via email: kat.loons cl,leoterradevelopment.com)
Subject: Approval of Individual 401 Water Quality Certification and Additional Conditions
Olive Branch Subdivision(W. Olive Road)
USACE Action ID.No. SAW-2018-01320
Dear Permittee,
Attached hereto is a copy of Certification No. WQC006354 issued to Kat Lyons and Leoterra Olive Branch,
LLC,dated October 17,2023. 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. [I 5A 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.
North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office I 3800 Barrett Drive I Raleigh,North Carolina 27609
NORTH CARCLINA
919.791.4200

DocuSign Envelope ID:C2096EA5-6927-4899-B30A-OEB234CCA07A Olive Branch Subdivision(W. Olive Road)
DWR#20191670 V2
Individual Certification#WQC006354
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Non-compliance with or violation of the conditions herein set forth may result in revocation of this Water
Quality Certification for the project and may also result in criminal and/or civil penalties.
If you are unable to comply with any of the conditions of this Water Quality Certification you must notify
the 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. 143-215.51.
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(919)431-3000.
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
Certification in accordance with N.C.G.S 15013-23(a).
This letter completes the Division's review under section 401 of the Clean Water Act and 15A NCAC
02H .0500. Please contact Zach Thomas at 919-791-4255 or zachM.thomasgdeq.nc. og_v if you have any
questions or concerns.
Sincerely,
DocuSigned by:
Va va'sSA, f.
B2916E6AB32144F...
Vanessa Manuel,Assistant Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources,NCDEQ
cc: Brad Luckey,Pilot Environmental, Inc (via email: bluckey(kpilotenviro.com)
Matt Martin,USACE Raleigh Regulatory Field Office(via email)
NC Wildlife Resources Commission(via email)
DWR 401 &Buffer Permitting Branch Electronic file/Laserfiche
D� � North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office 1 3800 Barrett Drive I Raleigh,North Carolina 27609
NORTH CARCLINA 919.791.4200
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DocuSign Envelope ID:C2096EA5-6927-4899-B30A-OEB234CCA07A Olive Branch Subdivision(W. Olive Road)
DWR#20191670 V2
Individual Certification#WQC006354
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NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION#WQC006354 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 Kat Lyons and Leoterra Olive Branch,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 August 15,2023,payment received August 22,2023, and
public notice issued by the Division on August 24,2023.
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 Amount Mitigation
Approved Approved Amount
Permanent Temporary Required
Riparian Wetlands
W 1: Road Fill/Construction Access 0.018 acres 1 0.004 acres 0.018 credits
This approval requires you to follow the conditions listed in the certification below:
CONDITIONS OF CERTIFICATION [15A NCAC 02H.0507(c)]:
1) Mitigation must be provided for the proposed impacts as specified in the table below. The attached
Compensatory Mitigation Responsibility Acceptance Form shall be completed and provided to the
Division prior to any impacts occurring. If the Mitigation Provider specified on the attached Form(s) for
the proposed impacts changes after issuance of this Certificate,then the Permittee shall request a revised
Compensatory Mitigation Responsibility Acceptance Form from the Division prior to conducting any
impacts.
Compensatory Mitigation Required River and Sub-basin Number
Riparian Wetland 1 0.018 acres (credits) Neuse-03020201
Citation: 15A NCAC 02H.0506(c); 15A NCAC 02H.0507(c)
Justification:A project that affects waters shall not be permitted unless the existing uses, and the water
quality to protect such uses, are protected. In determining that the proposed activity will comply with
state water quality standards (including designated uses, numeric criteria, narrative criteria and the
state's antidegradation policy), the project must provide for replacement of existing uses through
compensatory mitigation.
2) Any additional impacts to streams and/or wetlands as a result of future roads,buildings,driveways,utility
lines or other development related activities within the development, or future phases of the development,
may be considered cumulative to impacts approved in this Certification and may require a modification of
this 401 Water Quality Certification approval. Citation: 15A NCAC 02H.0506; 15A NCAC 0211.0507(c)
D� � North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office 1 3800 Barrett Drive I Raleigh,North Carolina 27609
NORTH CARCLINA 919.791.4200
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DocuSign Envelope ID:C2096EA5-6927-4899-B30A-OEB234CCA07A Olive Branch Subdivision(W. Olive Road)
DWR#20191670 V2
Individual Certification#WQC006354
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Justification: Surface water quality standards require that conditions of waters be suitable for all best
uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and
maintenance of biological integrity; wildlife;secondary contact recreation; agriculture); and that
activities must not cause water pollution that precludes any best use on a short-term or long-term basis.
3) Erosion and Sediment Control:
Appropriate measures should be installed prior to any land clearing activities to protect wetlands, streams,
and/or buffers from turbidity and/or sedimentation. These measures should be routinely inspected, and
properly maintained, and excavated materials should be contained outside wetland, stream, and/or buffer
boundaries. Excessive silt and sediment loads can have numerous detrimental effects on aquatic resources
including destruction of spawning habitat, suffocation of eggs, and clogging of gills of aquatic species.
Citation: 15A NCAC 02H.0506(b)(1) and(2)
Justification: Surface water quality standards require that conditions of waters be suitable for all best
uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and
maintenance of biological integrity, wildlife, secondary contact recreation, agriculture); and that
activities must not cause water pollution that precludes any best use on a short-term or long-term basis.
4) Stormwater Management Plan and Buffer Authorization:
The Permittee shall secure an approved stormwater management plan(SMP) and Buffer Authorization(if
applicable) from the appropriate locally delegated government programs before any impacts authorized in
this certification occur. The applicable portion of the approved SMP shall be constructed and operational
before any permanent building or other permanent structure is occupied at the site. If any of the SCMs
are used as an Erosion and Sediment Control device,it must be restored to the approved stormwater
design condition within 30 days of close-out of the Erosion and Sediment Control Plan.
Citation: 15A NCAC 02H.0506; 15A NCAC 02H.0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all best
uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and
maintenance of biological integrity; wildlife;secondary contact recreation; agriculture); and that
activities must not cause water pollution that precludes any best use on a short-term or long-term basis.
5) 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)
Justification:A project that affects waters shall not be permitted unless the existing uses, and the water
quality to protect such uses, are protected. In determining that the proposed activity will comply with
state water quality standards (including designated uses, numeric criteria, narrative criteria and the
state's antidegradation policy), the Division must evaluate if the activity has avoided and minimized
impacts to waters, would cause or contribute to a violation of standards or would result in secondary or
cumulative impacts
6) 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)
Justification:A project that affects waters shall not be permitted unless the existing uses, and the water
quality to protect such uses, are protected. In determining that the proposed activity will comply with
D� � North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office 1 3800 Barrett Drive I Raleigh,North Carolina 27609
NORTH CARCLINA 919.791.4200
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DocuSign Envelope ID:C2096EA5-6927-4899-B30A-OEB234CCA07A Olive Branch Subdivision(W. Olive Road)
DWR#20191670 V2
Individual Certification#WQC006354
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state water quality standards (including designated uses, numeric criteria, narrative criteria and the
state's antidegradation policy), the Division must evaluate if the activity has avoided and minimized
impacts to waters, would cause or contribute to a violation of standards or would result in secondary or
cumulative impacts.
7) 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)
Justification:A project that affects waters shall not be permitted unless the existing uses, and the water
quality to protect such uses, are protected. In determining that the proposed activity will comply with
state water quality standards (including designated uses, numeric criteria, narrative criteria and the
state's antidegradation policy), the Division must evaluate if the activity has avoided and minimized
impacts to waters, would cause or contribute to a violation of standards or would result in secondary or
cumulative impacts.
8) 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
Justification:A project that affects waters shall not be permitted unless the existing uses, and the water
quality to protect such uses, are protected. In determining that the proposed activity will comply with
state water quality standards (including designated uses, numeric criteria, narrative criteria and the
state's antidegradation policy), the Division must evaluate if the activity has avoided and minimized
impacts to waters, would cause or contribute to a violation of standards or would result in secondary or
cumulative impacts.
9) 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)
Justification: The referenced Minimum Design criteria and 02T rules were adopted to ensure that
conditions of waters be suitable for all best uses provided for in state rule
(including, at minimum: aquatic life propagation, survival, and maintenance of biological integrity;
wildlife:secondary contact recreation: agriculture); and that activities must not cause water
pollution that precludes any best use on a short-term or long-term basis.
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)
D� � North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office 1 3800 Barrett Drive I Raleigh,North Carolina 27609
NORTH CARCLINA 919.791.4200
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Individual Certification#WQC006354
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Justification:A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. In determining that the proposed activity will
comply with state water quality standards (including designated uses, numeric criteria, narrative
criteria and the state's antidegradation policy), the Division must evaluate if the activity has avoided
and minimized impacts to waters, would cause or contribute to a violation of standards or would
result in secondary or cumulative impacts.
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)
Justification:A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. In determining that the proposed activity will
comply with state water quality standards (including designated uses, numeric criteria, narrative
criteria and the state's antidegradation policy), the Division must evaluate if the activity has avoided
and minimized impacts to waters, would cause or contribute to a violation of standards or would
result in secondary or cumulative impacts.
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)
Justification:A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. In determining that the proposed activity will
comply with state water quality standards (including designated uses, numeric criteria, narrative
criteria and the state's antidegradation policy), the Division must evaluate if the activity has avoided
and minimized impacts to waters, would cause or contribute to a violation of standards or would
result in secondary or cumulative impacts.
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)
Justification:A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. In determining that the proposed activity will
comply with state water quality standards (including designated uses, numeric criteria, narrative
criteria and the state's antidegradation policy), the Division must evaluate if the activity has avoided
and minimized impacts to waters, would cause or contribute to a violation of standards or would
result in secondary or cumulative impacts.
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' cm/sec or less. See Water Quality General Certification
D� � North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office 1 3800 Barrett Drive I Raleigh,North Carolina 27609
NORTH CARCLINA 919.791.4200
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Individual Certification#WQC006354
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No. 4256 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
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c)
Justification:A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. In determining that the proposed activity will
comply with state water quality standards (including designated uses, numeric criteria, narrative
criteria and the state's antidegradation policy), the Division must evaluate if the activity has avoided
and minimized impacts to waters, would cause or contribute to a violation of standards or would
result in secondary or cumulative impacts.
g) 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)
Justification:A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. In determining that the proposed activity will
comply with state water quality standards (including designated uses, numeric criteria, narrative
criteria and the state's antidegradation policy), the Division must evaluate if the activity has avoided
and minimized impacts to waters, would cause or contribute to a violation of standards or would
result in secondary or cumulative impacts.
10) 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)
Justification: Timely reporting of non-compliance is important in identifying and minimizing detrimental
impacts to water quality and avoiding impacts due to water pollution that precludes any best use on a short-
term or long-term basis.
11) 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)
Justification: Surface water quality standards require that conditions of waters be suitable for all best
uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and
D� � North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office 1 3800 Barrett Drive I Raleigh,North Carolina 27609
NORTH CARCLINA 919.791.4200
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DocuSign Envelope ID:C2096EA5-6927-4899-B30A-OEB234CCA07A Olive Branch Subdivision(W. Olive Road)
DWR#20191670 V2
Individual Certification#WQC006354
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maintenance of biological integrity; wildlife;secondary contact recreation; agriculture); and that
activities must not cause water pollution that precludes any best use on a short-term or long-term basis.
12) 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)
Justification: The referenced Riparian Buffer rules were adopted to address water quality impairments
and further protect existing uses.
13) 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.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c); 15A NCACO2B.0200; 15A NCAC
02B.0231
Justification:A project that affects waters shall not be permitted unless the existing uses, and the water
quality to protect such uses, are protected. Activities must not cause water pollution that precludes any
best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious
substances, or colored or other wastes: only such amounts as shall not render the waters injurious to
public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability of
fish, aesthetic quality, or impair the waters for any designated uses; and(21) turbidity in the receiving
water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated as trout waters
and 10 NTU in streams, lakes, or reservoirs designated as trout waters;for lakes and reservoirs not
designated as trout waters, the turbidity shall not exceed 25 NTU,- if turbidity exceeds these levels due to
natural background conditions, the existing turbidity level shall not be increased. As cited in Wetland
Standards: (c)(1)Liquids,fill or other solids, or dissolved gases shall not be present in amounts that may
cause adverse impacts on existing wetland uses; and(3)Materials producing color or odor shall not be
present in amounts that may cause adverse impacts on existing wetland uses.
14) 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
D� � North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office 1 3800 Barrett Drive I Raleigh,North Carolina 27609
NORTH CARCLINA 919.791.4200
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Individual Certification#WQC006354
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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
Justification:A project that affects waters shall not be permitted unless the existing uses, and the water
quality to protect such uses, are protected. Activities must not cause water pollution that precludes any
best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious
substances, or colored or other wastes: only such amounts as shall not render the waters injurious to
public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability of
fish, aesthetic quality, or impair the waters for any designated uses; and(21) turbidity in the receiving
water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated as trout waters
and 10 NTU in streams, lakes, or reservoirs designated as trout waters;for lakes and reservoirs not
designated as trout waters, the turbidity shall not exceed 25 NTU; if turbidity exceeds these levels due to
natural background conditions, the existing turbidity level shall not be increased. As cited in Wetland
Standards: (c)(1)Liquids,fill or other solids, or dissolved gases shall not be present in amounts that may
cause adverse impacts on existing wetland uses; and(3)Materials producing color or odor shall not be
present in amounts that may cause adverse impacts on existing wetland uses.
15) 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)
Justification:A project that affects waters shall not be permitted unless the existing uses (including
aquatic life propagation and biological integrity), and the water quality to protect such uses, are
protected. Protections are necessary to ensure any remaining surface waters or wetlands, and any
surface waters or wetlands downstream, continue to support existing uses during and after project
completion. The Division must evaluate if the activity has avoided and minimized impacts to waters,
would cause or contribute to a violation of standards, or would result in secondary or cumulative
impacts.
16) If the project is covered by NPDES Construction Stormwater Permit Number NCGO10000 or NPDES
Construction Stormwater Permit Number NCG250000, full compliance with permit conditions including
the erosion&sedimentation control plan,inspections and maintenance, self-monitoring,record keeping
and reporting requirements is required.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c); 15A NCAC 02B.0200; 15A NCAC
02B.0231
Justification:A project that affects waters shall not be permitted unless the existing uses, and the water
quality to protect such uses, are protected. Activities must not cause waterpollution thatprecludes any
best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious
substances, or colored or other wastes: only such amounts as shall not render the waters injurious to
public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability of
fish, aesthetic quality, or impair the waters for any designated uses; and(21) turbidity in the receiving
water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated as trout waters
and 10 NTU in streams, lakes, or reservoirs designated as trout waters;for lakes and reservoirs not
designated as trout waters, the turbidity shall not exceed 25 NTU,- if turbidity exceeds these levels due to
natural background conditions, the existing turbidity level shall not be increased. As cited in Wetland
Standards: (c)(1)Liquids,fill or other solids, or dissolved gases shall not be present in amounts that may
cause adverse impacts on existing wetland uses; and(3)Materials producing color or odor shall not be
present in amounts that may cause adverse impacts on existing wetland uses.
D� � North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office 1 3800 Barrett Drive I Raleigh,North Carolina 27609
NORTH CARCLINA 919.791.4200
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DocuSign Envelope ID:C2096EA5-6927-4899-B30A-OEB234CCA07A Olive Branch Subdivision(W. Olive Road)
DWR#20191670 V2
Individual Certification#WQC006354
Page 10 of 14
17) 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
Justification: Surface water quality standards require that conditions of waters be suitable for all best
uses providedfor in state rule, and that activities must not cause water pollution that precludes any best
use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances,
or colored or other wastes: only such amounts as shall not render the waters injurious to public health,
secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability offish, aesthetic
quality, or impair the waters for any designated uses; and(21) turbidity in the receiving water shall not
exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated as trout waters and 10 NTU in
streams, lakes, or reservoirs designated as trout waters;for lakes and reservoirs not designated as trout
waters, the turbidity shall not exceed 25 NTU- if turbidity exceeds these levels due to natural background
conditions, the existing turbidity level shall not be increased.
18) 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)
Justification: Surface water quality standards require that conditions of waters be suitable for all best
uses provided for in state rule, and that activities must not cause water pollution that precludes any best
use on a short-term or long-term basis. Ensuring that in-stream structures are installed properly will
ensure that surface water quality standards are met and conditions of waters are suitable for all best
uses.
19) Culverts shall be designed and installed in such a manner that the original stream profiles are not altered
and allow for aquatic life movement during low flows. The dimension,pattern,and profile of the stream
above and below a pipe or culvert shall not be modified by widening the stream channel or by reducing
the depth of the stream in connection with the construction activity. The width,height, and gradient of a
proposed culvert shall be such as to pass the average historical low flow and spring flow without
adversely altering flow velocity. If the width of the culvert is wider than the stream channel,the culvert
shall include multiple boxes/pipes,baffles,benches and/or sills to maintain the natural width of the stream
channel. If multiple culverts/pipes/barrels are used, low flows shall be accommodated in one culvert/pipe
and additional culverts/pipes shall be installed such that they receive only flows above bankfull.
Placement of culverts and other structures in streams shall be below the elevation of the streambed by one
foot for all culverts with a diameter greater than 48 inches, and 20% of the culvert diameter for culverts
having a diameter less than or equal to 48 inches,to allow low flow passage of water and aquatic life. If
the culvert outlet is submerged within a pool or scour hole and designed to provide for aquatic passage,
then culvert burial into the streambed is not required.
For structures less than 72"in diameter/width, and topographic constraints indicate culvert slopes of
greater than 2.5%culvert burial is not required,provided that all alternative options for flattening the
slope have been investigated and aquatic life movement/connectivity has been provided when possible
(e.g. rock ladders, cross-vanes, sills,baffles etc.). Notification, including supporting documentation to
include a location map of the culvert, culvert profile drawings, and slope calculations, shall be provided to
DWR 30 calendar days prior to the installation of the culvert.
D� � North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office 1 3800 Barrett Drive I Raleigh,North Carolina 27609
NORTH CARCLINA 919.791.4200
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DocuSign Envelope ID:C2096EA5-6927-4899-B30A-OEB234CCA07A Olive Branch Subdivision(W. Olive Road)
DWR#20191670 V2
Individual Certification#WQC006354
Page 11 of 14
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)
Justification: Surface water quality standards require that conditions of waters be suitable for all best
uses provided for in state rule, and that activities must not cause water pollution that precludes any best
use on a short-term or long-term basis. Ensuring that structures are installed properly in waters will
ensure that surface water quality standards are met and conditions of waters are suitable for all best
uses.
20) Application of fertilizer to establish planted/seeded vegetation within disturbed riparian areas and/or
wetlands shall be conducted at agronomic rates and shall comply with all other Federal, State and Local
regulations. Fertilizer application shall be accomplished in a manner that minimizes the risk of contact
between the fertilizer and surface waters.
Citation: 15A 02H.0506(b); 15A NCAC 02H.0507(c); 15A NCAC 02B.0200; 15A NCAC 02B.0231
Justification:A project that affects waters shall not be permitted unless the existing uses, and the water
quality to protect such uses, are protected. Activities must not cause waterpollution thatprecludes any
best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious
substances, or colored or other wastes: only such amounts as shall not render the waters injurious to
public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability of
fish, aesthetic quality, or impair the waters for any designated uses. As cited in Wetland Standards:
(c)(1)Liquids,fill or other solids, or dissolved gases shall not be present in amounts that may cause
adverse impacts on existing wetland uses; and(3)Materials producing color or odor shall not be present
in amounts that may cause adverse impacts on existing wetland uses.
21) If concrete is used during construction,then all necessary measures shall be taken to prevent direct
contact between uncured or curing concrete and waters of the state. Water that inadvertently contacts
uncured concrete shall not be discharged to waters of the state.
Citation: 15A 02H.0506(b); 15A NCAC 02H.0507(c); 15A NCAC 02B.0200; 15A NCAC 02B.0231
Justification:A project that affects waters shall not be permitted unless the existing uses, and the water
quality to protect such uses, are protected. Activities must not cause water pollution that precludes any
best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious
substances, or colored or other wastes: only such amounts as shall not render the waters injurious to
public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability of
fish, aesthetic quality, or impair the waters for any designated uses. As cited in Wetland Standards: (c)(1)
Liquids,fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse
impacts on existing wetland uses; and(3)Materials producing color or odor shall not be present in
amounts that may cause adverse impacts on existing wetland uses.
D� � North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office 1 3800 Barrett Drive I Raleigh,North Carolina 27609
NORTH CARCLINA 919.791.4200
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DocuSign Envelope ID:C2096EA5-6927-4899-B30A-OEB234CCA07A Olive Branch Subdivision(W. Olive Road)
DWR#20191670 V2
Individual Certification#WQC006354
Page 12 of 14
22) All proposed and approved temporary fill and culverts shall be removed and the impacted area shall be
returned to natural conditions within 60 calendar days after the temporary impact is no longer necessary.
The impacted areas shall be restored to original grade,including each stream's original cross-sectional
dimensions,planform pattern, and longitudinal bed profile. All temporarily impacted sites shall be
restored and stabilized with native vegetation.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c)
Justification:A project that affects waters shall not be permitted unless the existing uses, and the water
quality to protect such uses, are protected. Protections are necessary to ensure any remaining surface
waters or wetlands, and any surface waters or wetlands downstream, continue to support existing uses
after project completion.
23) 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)
Justification: Surface water quality standards require that conditions of waters be suitable for all best
uses providedfor in state rule, and that activities must not cause water pollution that precludes any best
use on a short-term or long-term basis. Ensuring that structures are installed properly in waters will
ensure that surface water quality standards are met and conditions of waters are suitable for all best
uses.
24) Any rip-rap required for proper culvert placement, stream stabilization,or restoration of temporarily
disturbed areas shall be restricted to the area directly impacted by the approved construction activity. All
rip-rap shall be placed such that the original streambed elevation and streambank contours are restored
and maintained and shall consist of clean rock or masonry material free of debris or toxic pollutants.
Placement of rip-rap or other approved materials shall not result in de-stabilization of the stream bed or
banks upstream or downstream of the area or be installed in a manner that precludes aquatic life passage.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all best
uses provided for in state rule, and that activities must not cause water pollution that precludes any best
use on a short-term or long-term basis. The Division must evaluate if the activity has avoided and
minimized impacts to waters, would cause or contribute to a violation of standards, or would result in
secondary or cumulative impacts.
25) Any rip-rap used for stream or shoreline stabilization shall be of a size and density to prevent movement
by wave, current action, or stream flows, and shall consist of clean rock or masonry material free of
debris or toxic pollutants. Rip-rap shall not be installed in the streambed except in specific areas required
for velocity control and to ensure structural integrity of bank stabilization measures.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 0211.0507(c); 15A NCAC 02B.0201
Justification: Surface water quality standards require that conditions of waters be suitable for all best
uses providedfor in state rule, and that activities must not cause water pollution that precludes any best
use on a short-term or long-term basis. The Division must evaluate if the activity has avoided and
minimized impacts to waters, would cause or contribute to a violation of standards, or would result in
secondary or cumulative impacts.
D� � North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office 1 3800 Barrett Drive I Raleigh,North Carolina 27609
NORTH CARCLINA 919.791.4200
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DocuSign Envelope ID:C2096EA5-6927-4899-B30A-OEB234CCA07A Olive Branch Subdivision(W. Olive Road)
DWR#20191670 V2
Individual Certification#WQC006354
Page 13 of 14
26) 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
Justification:A project that affects waters shall not be permitted unless the existing uses, and the water
quality to protect such uses, are protected. Activities must not cause waterpollution thatprecludes any
best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious
substances, or colored or other wastes: only such amounts as shall not render the waters injurious to
public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability of
fish, aesthetic quality, or impair the waters for any designated uses.As cited in Wetland Standards: (c)(1)
Liquids,fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse
impacts on existing wetland uses; and(3)Materials producing color or odor shall not be present in
amounts that may cause adverse impacts on existing wetland uses.
27) 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
Justification: Wetland standards require maintenance or enhancement of existing uses of wetlands such
that hydrologic conditions necessary to support natural biological and physical characteristics are
protected;populations of wetlandflora andfauna are maintained to protect biological integrity of the
wetland; and materials or substances are not present in amounts that may cause adverse impact on
existing wetland uses.
28) In accordance with 143-215.85(b),the permittee shall report any petroleum spill of 25 gallons or more;
any spill regardless of amount that causes a sheen on surface waters; any petroleum spill regardless of
amount occurring within 100 feet of surface waters; and any petroleum spill less than 25 gallons that
cannot be cleaned up within 24 hours.
Citation: 15A NCAC 02H.0507(c);N.C.G.S 143-215.85(b)
Justification:Person(s) owning or having control over oil or other substances upon notice of discharge
must immediately notes the Department, or any of its agents or employees, of the nature, location, and
time of the discharge and of the measures which are being taken or are proposed to be taken to contain
and remove the discharge. This action is required in order to contain or divert the substances to prevent
entry into the surface waters. Surface water quality standards require that conditions of waters be
suitable for all best uses provided for in state rule (including, at minimum: aquatic life propagation,
survival, and maintenance of biological integrity; wildlife;secondary contact recreation; agriculture);
and that activities must not cause water pollution that precludes any best use on a short-term or long-
term basis.
29) The permittee and their authorized agents shall conduct all activities in a manner consistent with State
water quality standards(including any requirements resulting from compliance with §303(d) of the Clean
Water Act), and any other appropriate requirements of State and Federal Law.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 0211.0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all best
uses providedfor in state rule, and that activities must not cause water pollution that precludes any best
D� � North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office 1 3800 Barrett Drive I Raleigh,North Carolina 27609
NORTH CARCLINA 919.791.4200
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DocuSign Envelope ID:C2096EA5-6927-4899-B30A-OEB234CCA07A Olive Branch Subdivision(W. Olive Road)
DWR#20191670 V2
Individual Certification#WQC006354
Page 14 of 14
use on a short-term or long-term basis. The Division must evaluate if the activity has avoided and
minimized impacts to waters, would cause or contribute to a violation of standards, or would result in
secondary or cumulative impacts.
30) 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)
Justification: Those actually performing the work should be aware of the requirements of this 401 Water
Quality Certification to minimize water quality impacts.
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 17th day of October 2023,
DocuSigned by:
E
aln.t,ssa f.
B2916E6AB32144F...
Vanessa Manuel,Assistant Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources,NCDEQ
ZT
WQC006354
D� � North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office 1 3800 Barrett Drive I Raleigh,North Carolina 27609
NORTH CARCLINA 919.791.4200
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