HomeMy WebLinkAbout20081063 V3_Rivertowne_IP29_Wake_401_MRT_01-19-2024.pdf DocuSign Envelope ID:4C1318C6-9937-4029-8060-F46D1250A78E
STATE
ROY COOPER o
Governor
ELIZABETH S.BISER
Secretary f$`QUM^0
RICHARD E.ROGERS,f R. NORTH CAROLINA
Director Environmental Quality
January 19, 2024
DWR# 20081063 V3
Wake County
Landeavor, LLC
Attn: David Mason
105 E. Waxhaw Professional Park Dr.
Waxhaw, NC 28273
Delivered via email to: mason@landeavor.com
Subject: Approval of Individual 401 Water Quality Certification
Rivertowne Subdivision
USACE Action ID. No. SAW-2021-00605
Dear David Mason:
Attached hereto is a copy of Certification No. WQC006567 issued to David Mason and
Landeavor, LLC, dated January 19, 2024, and additional information on January 19, 2024.
This Certification replaces the Certification issued on February 1, 2023. This Certification is
being issued pursuant to a modification request submitted on November 16, 2023, to
update impacts and plans related to modifications to a road crossing and sewer alignment
to allow for a reduction in impacts.
This approval is for the purpose and design described in your application. The plans and
specifications for this project are incorporated by reference as part of this Water Quality
Certification. If you change your project, you must notify the Division and you may be
required to submit a new application package with the appropriate fee. If the property is
sold, the new owner must be given a copy of this Certification and is responsible for
complying with all conditions. [15A NCAC 02H .0507(d)(2)].
This Water Quality Certification does not relieve the permittee of the responsibility to obtain all
other required Federal, State, or Local approvals before proceeding with the project, including
those required by, but not limited to, Sediment and Erosion Control, Non-Discharge, Water
Supply Watershed, and Trout Buffer regulations.
This Water Quality Certification neither grants nor affirms any property right, license, or
privilege in any lands or waters, or any right of use in any waters. This Water Quality
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office I 3800 Barrett Drive I Raleigh,North Carolina 27609
NoarH cnao_itiA 919.791.4200
Oeea eK of E,Wmameafal Quality
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Certification does not authorize any person to interfere with the riparian rights, littoral rights,
or water use rights of any other person and does not create any prescriptive right or any right
of priority regarding any usage of water. This Water Quality Certification shall not be
interposed as a defense in any action respecting the determination of riparian or littoral rights
or other rights to water use. No consumptive user is deemed by virtue of this Water Quality
Certification to possess any prescriptive or other right of priority with respect to any other
consumptive user.
Upon the presentation of proper credentials, the Division may inspect the property.
This Water Quality Certification shall expire on the same day as the expiration date of the
corresponding Section 404 Permit. The conditions shall remain in effect for the life of the
project, regardless of the expiration date of this Water Quality Certification.
Non-compliance with or violation of the conditions herein set forth may result in revocation of
this Water Quality Certification for the project and may also result in criminal and/or civil
penalties.
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 .02001 including but not limited to
sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours
(or the next business day if a weekend or holiday) from the time the permittee became aware
of the non-compliance circumstances.
This approval and its conditions are final and binding unless contested [G.S. 143-215.5].
This Certification can be contested as provided in Chapter 150B of the North Carolina General
Statutes by filing a Petition for a Contested Case Hearing (Petition)with the North Carolina Office
of Administrative Hearings (OAH) within sixty (60) calendar days. Requirements for filing a
Petition are set forth in Chapter 150B of the North Carolina General Statutes and Title 26 of the
North Carolina Administrative Code. Additional information regarding requirements for filing a
Petition and Petition forms may be accessed at http://www.ncoah.com/ or by calling the OAH
Clerk's Office at (919) 431-3000.
A party filing a Petition must serve a copy of the Petition on:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office I 3800 Barrett Drive I Raleigh,North Carolina 27609
NORTH CAROLINA 919.791.4200
DafteM of EmNoeeu-i Quality
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Page 3 of 17
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 zachary.thomas@deg.nc.gov
if you have any questions or concerns.
Sincerely,
ocuSigned by:
E�D
a, f.
2916E6AB32144F...
Vanessa Manuel, Assistant Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
Electronic cc: Rick Trone, Withers Ravenel (rtrone@withersravenel.com)
Matthew Martin, USACE Raleigh Regulatory Field Office
Gabriela Garrison, NCWRC
DWR 401 & Buffer Permitting Branch Electronic file/Laserfiche
Filename: 20081063 V3 Rivertowne IP29 Wake 401 MRT.docx
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office I 3800 Barrett Drive I Raleigh,North Carolina 27609
NORTH CAROLINA 919.791.4200
Qapftwat of EmNm onental Quality
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NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #WQC006567 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, David Mason and Landeavor, 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
November 16, 2023, by Public Notice issued by the Division on November 20, 2023, and within the
Reasonable Period of Time pursuant to 40 CFR Part 121.6.
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
W1: Road Crossing 0.013 (acres) 0 (acres) 0.013 credits
W2: Road Crossing 0 (acres) 0.003 (acres) 0 credits
W3: Greenway 0.024 (acres) 0 (acres) 0.024 credits
W4: Greenway 0 (acres) 0.009 (acres) 0 credits
W5: Sewer Line -Conversion 0.075 (acres) 0 (acres) 0 credits
W6: Sewer Line -Conversion 0.313 (acres) 0 (acres) 0 credits
W7: Sewer Line -Conversion 0.008 (acres) 0 (acres) 0 credits
W8: Sewer Line -Conversion 0.014 (acres) 0 (acres) 0 credits
W9: Sewer Line -Conversion 0.012 (acres) 0 (acres) 0 credits
W10: Sewer Line 0.020 (acres) 0 (acres) 0.020 credits
W11: Road Crossing 0.002 (acres) 0 (acres) 0.002 credits
W12: Road Crossing 0.152 (acres) 0 (acres) 0.152 credits
W13: Water&Sewer Line 0 (acres) 0.010 (acres) 0 credits
W14: Sewer Line 0 (acres) 0.007 (acres) 0 credits
W15: Sewer Line—Construction Easement 0 (acres) 0.016 (acres) 0 credits
Totals: 0.633 acres 0.045(acres) 0.211 credits
Intermittent Streams
S1: Road Crossing—Dewatering 0 (linear feet) 6 (linear feet) 0 credits
S2: Road Crossing—Riprap 17 (linear feet) 0 (linear feet) 0 credits
S3: Road Crossing—Culvert 139 (linear feet) 0 (linear feet) 0 credits
S4: Road Crossing—Dewatering 0 (linear feet) 24(linear feet) 0 credits
S5: Sewer Crossing— Excavation 0 (linear feet) 33 (linear feet) 0 credits
S6: Sewer Crossing— Excavation 0 (linear feet) 33 (linear feet) 0 credits
��� North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office 1 3800 Barrett Drive I Raleigh,North Carolina 27609
NORTH CAROLINA 919.791.4200
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S7: Road Crossing—Dewatering 0 (linear feet) 9 (linear feet) 0 credits
S8: Road Crossing—Riprap 21 (linear feet) 0 (linear feet) 0 credits
S9: Road Crossing—Culvert 127 (linear feet) 0 (linear feet) 0 credits
S10: Road Crossing—Dewatering 0 (linear feet) 20 (linear feet) 0 credits
S11: Sewer/Water Line—Excavation 0 (linear feet) 62 (linear feet) 0 credits
S12: Sewer/Water Line—Excavation 0 (linear feet) 29 (linear feet) 0 credits
S13: Sewer Crossing—Excavation 0 (linear feet) 14(linear feet) 0 credits
Totals: 304 linear feet 230 linear feet 0 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 Transfer 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 Transfer Form
from the Division prior to conducting any impacts.
Compensatory Mitigation Required River and Sub-basin Number
Riparian 0.211 acres (credits) Neuse River Basin/03020201
Wetland (Outside Falls Lake)
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.
ACTIVITY SPECIFIC CONDITIONS:
2. 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 .05061b); 15A NCAC 02H .05071c)
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 E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
vRaleigh Regional Office 1 3800 Barrett Drive I Raleigh,North Carolina 27609
NORTH CAROLINA 919.791.4200
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3. 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 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.
4. 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 115A NCAC
02H .0500), NC Isolated Wetland Rules 115A 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.
5. If this Water Quality Certification is used for utility related impacts,then the following Activity
Specific Conditions shall apply to those impacts.
a. All sewer lines shall be designed, constructed and maintained in accordance with Title 15A
NCAC Chapter 02T, applicable Minimum Design Criteria (MDC), and/or Alternative Design
Criteria.
Citation: 15A NCAC 02H .0506{b); 15A NCAC 02H .0507{c)
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)
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
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
vRaleigh Regional Office 1 3800 Barrett Drive I Raleigh,North Carolina 27609
NORTH CAROLINA 919.791.4200
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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
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
vRaleigh Regional Office 1 3800 Barrett Drive I Raleigh,North Carolina 27609
NORTH CAROLINA 919.791.4200
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until the utility exits the wetland. Anti-seep collars may be constructed with class B
concrete, compacted clay, PVC pipe, or metal collars.Wetland crossings that are
directionally drilled, and perpendicular wetland crossings that are open cut and less than
150 feet long do not require anti-seep collars.The compacted clay shall have a specific
infiltration of 1 X 10-5 cm/sec or less. A section and plan view diagram is attached for the
anti-seep collars.
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.
GENERAL CONDTIONS:
6. The Permittee shall secure an approved stormwater management plan (SMP)from the Local
Government before any impacts authorized in this certification occur. The applicable portion of
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
vRaleigh Regional Office 1 3800 Barrett Drive I Raleigh,North Carolina 27609
NORTH CAROLINA 919.791.4200
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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.
7. 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.
8. 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 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.
9. 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.
10. 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
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
vRaleigh Regional Office 1 3800 Barrett Drive I Raleigh,North Carolina 27609
NORTH CAROLINA 919.791.4200
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materials required for stabilization and/or repair of erosion control measures and stormwater
routing and treatment shall be on site at all times.
For borrow pit sites,the erosion and sediment control measures shall be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Surface Mining Manual. Reclamation measures and implementation shall comply with the
reclamation in accordance with the requirements of the Sedimentation Pollution Control Act
and the Mining Act of 1971.
If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs), SA, WS-
I, WS-II, High Quality Waters(HQW), or Outstanding Resource Waters (ORW),then the
sedimentation and erosion control designs shall comply with the requirements set forth in 15A
NCAC 04B .0124, Design Standards in Sensitive Watersheds.
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 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. 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.
11. Sediment and erosion control measures shall not be installed in wetland or waters except within
the footprint of temporary or permanent impacts otherwise authorized by this Certification. If
placed within authorized impact areas,then placement of such measures shall not be conducted
in a manner that results in dis-equilibrium of any wetlands, streambeds, or streambanks. Any
silt fence installed within wetlands shall be removed from wetlands and the natural grade
restored within two (2) months of the date that DEMLR or locally delegated program has
released the specific area within the project to ensure wetland standards are maintained upon
completion of the project.
Citation: 15A NCAC 02H.0506(b);15A NCAC 02H.0507(c);15A NCAC 02B.0200;15A NCAC 02B
.0231
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
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
vRaleigh Regional Office 1 3800 Barrett Drive I Raleigh,North Carolina 27609
NORTH CAROLINA 919.791.4200
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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. 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.
12. 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.
13. 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 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. 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 E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
vRaleigh Regional Office 1 3800 Barrett Drive I Raleigh,North Carolina 27609
NORTH CAROLINA 919.791.4200
Qmarhmnt ofE ronm Ul Quallry
DocuSign Envelope ID:4C1318C6-9937-4029-8060-F46D1250A78E
Rivertowne
DWR#20081063 V3
Individual Certification#WQC006567
Page 12 of 17
14. 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 028.0200
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. 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.
15. 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.
16. 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
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
vRaleigh Regional Office 1 3800 Barrett Drive I Raleigh,North Carolina 27609
NORTH CAROLINA 919.791.4200
Qmarbmnl of E ronm Ul Quallry
DocuSign Envelope ID:4C1318C6-9937-4029-8060-F46D1250A78E
Rivertowne
DWR#20081063 V3
Individual Certification#WQC006567
Page 13 of 17
and designed to provide for aquatic passage,then culvert burial into the streambed is not
required.
For structures less than 72" in diameter/width, and topographic constraints indicate culvert
slopes of greater than 2.5%culvert burial is not required, provided that all alternative options
for flattening the slope have been investigated and aquatic life movement/connectivity has
been provided when possible (e.g. rock ladders, cross-vanes, sills, baffles etc.). Notification,
including supporting documentation to include a location map of the culvert, culvert profile
drawings, and slope calculations, shall be provided to DWR 30 calendar days prior to the
installation of the culvert.
When bedrock is present in culvert locations, culvert burial is not required, provided that there
is sufficient documentation of the presence of bedrock. Notification, including supporting
documentation such as a location map of the culvert, geotechnical reports, photographs, etc.
shall be provided to DWR a minimum of 30 calendar days prior to the installation of the culvert.
If bedrock is discovered during construction,then DWR shall be notified by phone or email
within 24 hours of discovery.
Installation of culverts in wetlands shall ensure continuity of water movement and be designed
to adequately accommodate high water or flood conditions. When roadways, causeways, or
other fill projects are constructed across FEMA-designated floodways or wetlands, openings
such as culverts or bridges shall be provided to maintain the natural hydrology of the system as
well as prevent constriction of the floodway that may result in destabilization of streams or
wetlands.
The establishment of native woody vegetation and other soft stream bank stabilization
techniques shall be used where practicable instead of rip-rap or other bank hardening methods.
Citation: 15A NCAC 02H.0506(b);15A NCAC 02H.0507(c)
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.
17. Bridge deck drains shall not discharge directly into streams or wetlands. Stormwater shall be
directed across the bridge and pre-treated through site-appropriate means to the maximum
extent practicable (e.g. grassed swales, pre-formed scour holes,vegetated buffers, etc.) before
entering streams or wetlands.
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.
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
vRaleigh Regional Office 1 3800 Barrett Drive I Raleigh,North Carolina 27609
NORTH CAROLINA 919.791.4200
0e rbmnl of E romm�Mal Quallry
DocuSign Envelope ID:4C1318C6-9937-4029-8060-F46D1250A78E
Rivertowne
DWR#20081063 V3
Individual Certification#WQC006567
Page 14 of 17
18. 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 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. 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.
19. 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 offish, 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.
20. 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.
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
vRaleigh Regional Office 1 3800 Barrett Drive I Raleigh,North Carolina 27609
NORTH CAROLINA 919.791.4200
0e rbmnl of E ronm UI Qu Z
DocuSign Envelope ID:4C1318C6-9937-4029-8060-F46D1250A78E
Rivertowne
DWR#20081063 V3
Individual Certification#WQC006567
Page 15 of 17
21. 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 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.
22. 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.
23. Any rip-rap used for stream or shoreline stabilization shall be of a size and density to prevent
movement by wave, current action, or stream flows,and shall consist of clean rock or masonry
material free of debris or toxic pollutants. Rip-rap shall not be installed in the streambed except
in specific areas required for velocity control and to ensure structural integrity of bank
stabilization measures.
Citation: 15A NCAC 02H.0506(b);15A NCAC 02H.0507(c), 15A NCAC 02B.0201
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.
24. Rip-rap groins proposed in accordance with 15A NCAC 07H .1401 (NC Division of Coastal
Management General Permit for construction of Wooden and Rip-rap Groins in Estuarine and
Public Trust Waters) shall meet all the specific conditions for design and construction specified
in 15A NCAC 07H .1405.
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
vRaleigh Regional Office 1 3800 Barrett Drive I Raleigh,North Carolina 27609
NORTH CAROLINA 919.791.4200
0e rbmnl of E ronm Ul Quallry
DocuSign Envelope ID:4C1318C6-9937-4029-8060-F46D1250A78E
Rivertowne
DWR#20081063 V3
Individual Certification#WQC006567
Page 16 of 17
Citation: 15A NCAC 02H.0507(c); 15A NCAC 07H.1400 et seq.
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. 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 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.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.
26. 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 wetland flora and fauna 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.
27. 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 notify the Department, or any of its agents or employees, of the
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
vRaleigh Regional Office 1 3800 Barrett Drive I Raleigh,North Carolina 27609
NORTH CAROLINA 919.791.4200
Qmarbmnl of E ronm UI Qu Z
DocuSign Envelope ID:4C1318C6-9937-4029-8060-F46D1250A78E
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Individual Certification#WQC006567
Page 17 of 17
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.
28. 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 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.
29. The permittee shall require its contractors and/or agents to comply with the terms and
conditions of this certification 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 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 19th day of January 2024,
ocuSigned by:
E�D
a, f,
2916E6AB32144F...
Vanessa Manuel,Assistant Regional Supervisor
Division of Water Resources - Raleigh Regional Office
Department of Environmental Quality
ZT
WQC006567
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
vRaleigh Regional Office 1 3800 Barrett Drive I Raleigh,North Carolina 27609
NORTHCAROLINA 919.791.4200
emarbmnt ofE ronm WeuMz
DocuSign Envelope ID:4C1318C6-9937-4029-8060-F46D1250A78E
STATE
� I y
ROY COOPER _ n
Governor "
ELIZABETH S.BISER
Secretaryf$`QUM
RICHARD E.ROGERS,f R. NORTH CAROLINA
Director Environmental Quality
COMPENSATORY MITIGATION RESPONSIBILITY ACCEPTANCE FORM
January 19, 2024
Permittee: David Mason and Landeavor, LLC DWR Project#20081063 V3
Project Name: Rivertowne County: Wake
The Division has received a Statement of Availability (SOA) from EBX-Neuse I, LLC for the Neu-Con
Wetland &Stream Umbrella Mitigation Bank (Mitigation Provider), specifically the Black Bird Site, to
satisfy the mitigation requirements set forth in 401 Individual Certification No. WQC006567 issued to
David Mason and Landeavor, LLC, dated January 19th, 2024, as provided in the table below.
Compensatory Mitigation River and 8-digit HUC Number
Riparian Wetland 0.211 acres (credits) Neuse—03020201
(Outside Falls Lake Watershed)
The Permittee must provide a copy of this form to the Mitigation Provider specified above who will then
sign the form to verify receipt of payment and the transfer of the mitigation responsibility. Once the
Mitigation Provider has signed this form, it is the Permittee's responsibility to ensure that a signed copy
of this form and the mitigation transfer certificate is submitted to the Division before conducting any of
the authorized impacts.
The Mitigation Provider verifies that the mitigation requirements (credits) shown above, have been
released and are available at the identified bank site(s). By signing below,the Mitigation Provider is
accepting full responsibility for the identified mitigation. As a reminder to the Mitigation Provider, no
more than 25 percent of the total mitigation required by Division can be met through preservation,
unless requested and approved by the Division Director(15A NCAC 02H. 0506(c)(7)).
Signature Authority Name (print):
Signature: Date:
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office I 3800 Barrett Drive I Raleigh,North Carolina 27609
NoarH cnao_itiA 919.791.4200
Oeea eK of E,Wro eafal Quality