20191326 Ver 2_401 Application_20200526

Staff Review
Does this application have all the attachments needed to accept it into the review process?*
r Yes r No
ID#* Version* 2
20191326
Is this project a public transportation project?* r Yes
r No
Reviewer List:* Sue Homewood:eads\slhomewood
Select Reviewing Office:* Winston-Salem Regional Office - [phone]
Submittal Type:*
401 Application
Does this project require a request for payment to be sent?
r
Yes
r
No
How much is r $240.00
owed?* r $570.00

Project Submittal Form
Please note: fields marked with a red asterisk below are required. You will not be able to submit the form until all
mandatory questions are answered.
Project Type: r
New Project
r
New Project w Existing ID
r
Pre -Application Submittal
r
More Information Response
r
Other Agency Comments
r
For the Record Only (Courtesy Copy)
r
Stream or Buffer Appeal
New Project - Please check the new project type if you are trying to submit a new project that needs an official approval
decision.
Pre -Application Submittal - Please check the pre -application submittal if you just want feedback on your submittal and
do not have the expectation that your submittal will be considered a complete application requiring a formal decision.
More Information Response - Please check this type if you are responding to a request for information from staff and
you have and ID# and version for this response.
Other Agency Comments - Please check this if you are submitting comments on an existing project.
Project Contact Information
Name: Heather D LaGamba
VUio is subrritting the inforrration?
Email Address: [e-mail]
Project Information
Project Name: Villas on 5th
Is this a public transportation project?
r Yes
r No
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
r Yes r No r Unknown
County (ies)
Alamance
Please upload all files that need to be submited.
aick the upload button or drag and drop files here to attach document
2973.3_Villas on 5TH St —Wet Permit_5.25.20.pdf 5.68MB
Only pdf or kr17 files are accepted.
Describe the attachments:
PCN for 401 WQC
Sign and Submit
P Bychecking the boxand signing box below, I certifythat:

• I have given true, accurate, and complete information on this form;
• I agree that submission of this form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the
"Uniform Electronic Transactions Act")
• I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes
(the "Uniform Electronic Transactions Act');
• I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written
signature; AND
• I intend to electronically sign and submit the online form."
Signature:
�rYr�Clfr+� ram. Z��aiarr�rs
Submittal Date: Is filled in &Ao ratically.

Page 1 of 12
PCN Form – Version 1.3 December 10, 2008 Version
Office Use Only:
Corps action ID no. _____________
DWQ project no. _______________
Form Version 1.3 Dec 10 2008
Pre-Construction Notification (PCN) Form
A. Applicant Information
1. Processing
1a. Type(s) of approval sought from the
Corps: Section 404 Permit Section 10 Permit
1b. Specify Nationwide Permit (NWP) number: NWP 29 or General Permit (GP) number:
1c. Has the NWP or GP number been verified by the Corps? Yes No
1d. Type(s) of approval sought from the DWQ (check all that apply):
401 Water Quality Certification – Regular Non-404 Jurisdictional General Permit
401 Water Quality Certification – Express Riparian Buffer Authorization
1e. Is this notification solely for the record
because written approval is not required?

For the record only for DWQ 401
Certification:
Yes No
For the record only for Corps Permit:

Yes No
1f. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation
of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu
fee program.
Yes No

1g. Is the project located in any of NC’s twenty coastal counties. If yes, answer 1h
below.
Yes No

1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? Yes No
2. Project Information
2a. Name of project: Villas on 5TH Street
2b. County: Alamance
2c. Nearest municipality / town: Mebane
2d. Subdivision name: Villas on 5TH Street
2e. NCDOT only, T.I.P. or state
project no:
3. Owner Information
3a. Name(s) on Recorded Deed: Nova Triad Partners, LLC
3b. Deed Book and Page No. 079 0189
3c. Responsible Party (for LLC if
applicable): Andy Dreyfuss
3d. Street address: 206 N Spruce Street, Suite 2B
3e. City, state, zip: Winston-Salem, NC 27101
3f. Telephone no.: 336.749.1012
3g. Fax no.:
3h. Email address: [e-mail]

Page 2 of 12
PCN Form – Version 1.3 December 10, 2008 Version
4. Applicant Information (if different from owner)
4a. Applicant is: Agent Other, specify:
4b. Name:
4c. Business name
(if applicable):
4d. Street address:
4e. City, state, zip:
4f. Telephone no.:
4g. Fax no.:
4h. Email address:
5. Agent/Consultant Information (if applicable)
5a. Name: Michael T. Brame
5b. Business name
(if applicable): Pilot Environmental, Inc.
5c. Street address: PO Box 128
5d. City, state, zip: Kernersville, NC 27285
5e. Telephone no.: 336.708.4620
5f. Fax no.:
5g. Email address: [e-mail]

Page 3 of 12
PCN Form – Version 1.3 December 10, 2008 Version

B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID): 9814543813
1b. Site coordinates (in decimal degrees):
Latitude: 36.071392° Longitude: -
79.285087°
(DD.DDDDDD) (-DD.DDDDDD)
1c. Property size: 34.5 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to
proposed project: Little Haw Creek
2b. Water Quality Classification of nearest receiving water: WS-V, NSW
2c. River basin: Cape Fear
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
The site is an aproximate 34.5-acre tract. The northern portion of the site contains a residential subdivision. The
subdivision contains paved roads, stormwater devices, developed lots, graded/undeveloped lots and cleared areas. The
remainder of the site contains wooded land, overgrown fields, a drained pond and land that has been partially cleared
and graded. Residential and commercial structures are located within the vicinity of the site.

Previous impacts have been authorized on the site. A Nationwide Permit 29 (SAW 2015-01508) and a Water Quality
Certification (WQC) were previously issued that authorized 147 linear feet of permanent stream impact, 23 linear feet of
stream impact from temporary discharge of fill and 0.025 acres of wetland impact (November 2019). Design changes
within waters, previously authorized NWP 29 Verification and WQC, have not changed. Copies of the permit and WQC
are included as attachments.

During the initial design several of the lots, including lots 85 and 86, were intended to be basement lots. Basement lots
require steps which the developer's clients do not want due to age/safety concerns. Development plans have changed to
accommodate the developer's clients who require pad lots instead of basements. The adjustment requires that the lot
size increase and results in the need for additional wetland fill that was not proposed nor permitted at the time of the
previous NWP 29 Verification. In order to accommodate the larger size of the pads, it is necessary to impact 0.022 acres
(965 square feet) of wetlands. The purpose of this PCN application is to request authorozation for the additional impact.
3b. List the total estimated acreage of all existing wetlands on the property:
Wetland=0.269 Ac
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
Streams=643 LF
3d. Explain the purpose of the proposed project:
The purpose of the proposed project is to develop lots 85 and 86 will pad lots to avoid basements.
3e. Describe the overall project in detail, including the type of equipment to be used:
The Vilas on 5TH is a 105 lot subdivision. Approximately 81 lots are in the process of development (cleared, graded, built
upon, etc.). Stream and wetland impacts associated with Cameron Lane have beeen previously authorized. In order to
construct pads on lots 85 and 86 as required by the developers clients, it is necessary to impact an additional 0.022 acre
wetland with fill. To facilitate the construction of the road and development of the site, clearing and grading is necessary.
Graders, haulers, excavators and other heavy equipment will be used during grading and construction of the site.

Page 4 of 12
PCN Form – Version 1.3 December 10, 2008 Version
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project (including all prior phases) in the past?
Comments: October 23, 2019
Yes No Unknown
4b. If the Corps made the jurisdictional determination, what type
of determination was made? Preliminary Final
4c. If yes, who delineated the jurisdictional areas?
Name (if known): Michael Brame
Agency/Consultant Company: Pilot Enviromental, Inc.
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
Mr. David Bailey with the USACE and Ms. Sue Homewood with the NCDEQ-DWR visited the site on October 23, 2019. A
Nationwide Permit 29 (SAW 2015-01508) and a Water Quality Certification (WQC) were previously issued that authorized
147 linear feet of permanent stream impact, 23 linear feet of stream impact from temporary discharge of fill and 0.025
acres of wetland impact (November 2019). Copies of the permit and WQC are included as attachments.
5. Project History
5a. Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past? Yes No Unknown
5b. If yes, explain in detail according to “help file” instructions.
A Nationwide Permit 29 (SAW 2015-01508) and a Water Quality Certification (WQC) were previously issued that
authorized 147 linear feet of permanent stream impact, 23 linear feet of stream impact from temporary discharge of fill
and 0.025 acres of wetland impact (November 2019). Copies of the permit and WQC are included as attachments.
6. Future Project Plans
6a. Is this a phased project? Yes No
6b. If yes, explain.
The project is the Villas on 5TH sub-division. The northern portion of the subdivision (Phase I) is under construction. A
road crossing has previously been permitted within Phase II of the subdivision. Phase III of the subdivision is currently
being designed. In order to utilize Lots 85 and 86 for slab on grade structures as required by the developers clients, it is
necessary to fill 0.022 acres of a wetland. Pilot has delineated streams and wetlands on the site, including all three
phases of the subdivision. Additional surface waters or wetlands are not located on the portion of the site where Phase III
will be constructed. Impacts to streams/wetlands, outside of those proposed in this application, are not anticipated as a
result of the proposed project.

Page 5 of 12
PCN Form – Version 1.3 December 10, 2008 Version

C. Proposed Impacts Inventory
1. Impacts Summary
1a. Which sections were completed below for your project (check all that apply):
Wetlands Streams - tributaries Buffers
Open Waters Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a.
Wetland impact
number –
Permanent (P) or
Temporary (T)
2b.

Type of impact
2c.

Type of wetland
(if known)
2d.

Forested

2e.
Type of jurisdiction
(Corps - 404, 10
DWQ – non-404, other)
2f.

Area of impact
(acres)
W1 P T Fill Forested Yes
No
Corps
DWQ 0.022
W2 P T Yes
No
Corps
DWQ
W3 P T Yes
No
Corps
DWQ
W4 P T Yes
No
Corps
DWQ
W5 P T Yes
No
Corps
DWQ
W6 P T Yes
No
Corps
DWQ
2g. Total wetland impacts 0.022
2h. Comments: In order to construct slab on grade structures on Lots 85 and 86, it is necessary to permanently fill 0.022 acres
of wetland.
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a.
Stream impact
number -
Permanent (P) or
Temporary (T)
3b.
Type of impact
3c.
Stream name
3d.
Perennial
(PER) or
intermittent
(INT)?
3e.
Type of jurisdiction
(Corps - 404, 10
DWQ – non-404,
other)
3f.
Average
stream
width
(feet)
3g.
Impact
length
(linear
feet)
S1 P T PER
INT
Corps
DWQ
S2 P T PER
INT
Corps
DWQ
S3 P T PER
INT
Corps
DWQ
S4 P T PER
INT
Corps
DWQ
S5 P T PER
INT
Corps
DWQ
S6 P T PER
INT
Corps
DWQ
3h. Total stream and tributary impacts
3i. Comments:

Page 6 of 12
PCN Form – Version 1.3 December 10, 2008 Version
4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individually list all open water impacts below.
4a.
Open water
impact number –
Permanent (P) or
Temporary (T)
4b.
Name of waterbody
(if applicable)
4c.

Type of impact
4d.

Waterbody type
4e.

Area of impact (acres)
O1 P T
O2 P T
O3 P T
O4 P T
4f. Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If pond or lake construction proposed, then complete the chart below.
5a.

Pond ID
number
5b.

Proposed use or purpose
of pond

5c.
Wetland Impacts (acres)
5d.
Stream Impacts (feet)
5e.
Upland
(acres)
Flooded Filled Excavated Flooded Filled Excavated Flooded
P1
P2
5f. Total
5g. Comments: See previous permit
5h. Is a dam high hazard permit required?
Yes No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If any impacts require mitigation, then you MUST fill out Section D of this form.
6a.
Project is in which protected basin?
Neuse Tar-Pamlico Other:
Catawba Randleman
6b.
Buffer impact
number –
Permanent (P) or
Temporary (T)
6c.

Reason
for
impact
6d.

Stream name
6e.

Buffer
mitigation
required?
6f.

Zone 1 impact
(square feet)
6g.

Zone 2 impact
(square feet)
B1 P T Yes
No
B2 P T Yes
No
B3 P T Yes
No
6h. Total buffer impacts
6i. Comments:

Page 7 of 12
PCN Form – Version 1.3 December 10, 2008 Version
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
The applicant has designed the proposed residential sub-division to avoid other impacts to streams and wetlands. Stormwater
devices have been designed and constructed in non-jurisdictional areas. The remaining 643 linear feet of stream and 0.247
acres of wetland are being avoided.

In order to meet customer demands and convert the lots from basement lots that require steps to pad lots, it is necessary to
increase the sizes of several lots within the subdivision. Lots 85 and 86 are two of the lots. In order to bring them to grade to
accommodate the associated structures it is necessary to impact a small amount of wetland (0.022 acres). A 3:1 slope is
being proposed to avoid additional impacts. A 3:1 slope can be safely maintained and is not steep enough to create erosion
problems which could further impact the down-gradient wetland.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
The clearing limits will be staked and silt fence will be used. Following construction, the resulting slopes will be seeded to
stabilize the slopes and prevent erosion.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State?
Yes No

2b. If yes, mitigation is required by (check all that apply): DWQ Corps
2c. If yes, which mitigation option will be used for this
project?
Mitigation bank
Payment to in-lieu fee program
Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter) Type Quantity
3c. Comments:
4. Complete if Making a Payment to In-lieu Fee Program
4a. Approval letter from in-lieu fee program is attached. Yes
4b. Stream mitigation requested: linear feet
4c. If using stream mitigation, stream temperature: warm cool cold
4d. Buffer mitigation requested (DWQ only): square feet
4e. Riparian wetland mitigation requested: acres
4f. Non-riparian wetland mitigation requested: acres
4g. Coastal (tidal) wetland mitigation requested: acres
4h. Comments:
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.

Page 8 of 12
PCN Form – Version 1.3 December 10, 2008 Version
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) – required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation?
Yes No

6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
Zone
6c.
Reason for impact
6d.
Total impact
(square feet)

Multiplier
6e.
Required mitigation
(square feet)
Zone 1 3 (2 for Catawba)
Zone 2 1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund).

6h. Comments:

Page 9 of 12
PCN Form – Version 1.3 December 10, 2008 Version

E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1a. Does the project include or is it adjacent to protected riparian buffers identified
within one of the NC Riparian Buffer Protection Rules? Yes No
1b. If yes, then is a diffuse flow plan included? If no, explain why.
Comments: Diffuse flow has been designed at concentrated flow discharge points
into the buffers.
Yes No
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project? 24.64 %
2b. Does this project require a Stormwater Management Plan? Yes No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why:
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
A stormwater pond has been designed and constructed to treat stormwater from Phases I and II. An additional
stormwater pond will be designed and constructed as part of Phase III. The design for Phase III is preliminary and final
design will be dictated by the drainage area and impervious surfaces that will be treated.
2e. Who will be responsible for the review of the Stormwater Management Plan?
Certified Local Government
DWQ Stormwater Program
DWQ 401 Unit
3. Certified Local Government Stormwater Review
3a. In which local government’s jurisdiction is this project? Mebane
3b. Which of the following locally-implemented stormwater management programs
apply (check all that apply):
Phase II
NSW
USMP
Water Supply Watershed
Other:
3c. Has the approved Stormwater Management Plan with proof of approval been
attached?
Yes No
4. DWQ Stormwater Program Review
4a. Which of the following state-implemented stormwater management programs apply
(check all that apply):
Coastal counties
HQW
ORW
Session Law 2006-246
Other:
4b. Has the approved Stormwater Management Plan with proof of approval been
attached? Yes No
5. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements? Yes No
5b. Have all of the 401 Unit submittal requirements been met? Yes No

Page 10 of 12
PCN Form – Version 1.3 December 10, 2008 Version
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1a. Does the project involve an expenditure of public (federal/state/local) funds or the
use of public (federal/state) land? Yes No
1b. If you answered “yes” to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
Yes No
1c. If you answered “yes” to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
letter.)
Comments: A NEPA or SEPA is not required as part of this project.
Yes No
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards,
or Riparian Buffer Rules (15A NCAC 2B .0200)?
Yes No
2b. Is this an after-the-fact permit application? Yes No
2c. If you answered “yes” to one or both of the above questions, provide an explanation of the violation(s):
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in
additional development, which could impact nearby downstream water quality? Yes No
3b. If you answered “yes” to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered “no,” provide a short narrative description.
We are not aware of additional development associated with the development of the subdivision that will impact nearby
downstream water quality.
4. Sewage Disposal (DWQ Requirement)
4a. Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
Wastewater from the proposed subdivision will be discharged into existing sanitary sewer lines. There are no proposed
impacts to streams or wetlands associated with the proposed sewer lines.

Page 11 of 12
PCN Form – Version 1.3 December 10, 2008 Version

5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or
habitat? Yes No
5b. Have you checked with the USFWS concerning Endangered Species Act
impacts? Yes No
5c. If yes, indicate the USFWS Field Office you have contacted. Raleigh
Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
We consulted the USFWS Website to determine if federally protected endangered or threatened species inhabit
Alamance County, NC. The Cape Fear Shiner is listed as a federally protected endangered species. The stream on the
site is small and does not contain fish habitat. Fish will not be directly impacted by the proposed project. A pump around
will be used during the culvert installation to avoid sedimentation down stream. Additionally, stormwater will be treated
from impervious surfaces prior to being discharged to down-gradient waterbodies that contain fish habitat. Based on our
observations, it is our opinion that the proposed project will have no effect on federally listed species.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat? Yes No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
Based on our knowledge of the site, the site is not located in or near an area designated as essential fish habitat. Best
management practices and the construction of stormwater ponds will prevent sediment from entering down-gradient
waterbodies which may contain fish.
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
Yes No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
We reviewed the SHPO Map (http://gis.ncdcr.gov/hpoweb/) to identify historic and/or archaeological resources of the site.
The map does not identify eligible for listing properties at the site or on nearby properties. The nearest identified
properties ae located more than 1,300 linear feet from the site. A copy of the map is included as an attachment.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain? Yes No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination? 3710981400K (Drawing 4)

Michael T. Brame, PWS

Applicant/Agent's Printed Name

_______________________________
Applicant/Agent's Signature
(Agent's signature is valid only if an authorization letter from the applicant

5.26.20

Date

Page 12 of 12
PCN Form – Version 1.3 December 10, 2008 Version
is provided.)

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT

Action Id. SAW-2015-01508 County: Alamance U.S.G.S. Quad: NC-Mebane

GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION

Permittee: Nova Triad Partners, LLC
Attn: Andy Dreyfus
Address: 206 North Spruce Street, Suite 2B
Winston Salem, NC 27101

Size (acres) ~34.5 Nearest Town Mebane
Nearest Waterway UT to Little Haw Creek River Basin Cape Fear
USGS HUC 03030002 Coordinates 36.070801, -79.284134
Location description: The project is located between South 5th Street and I-40, and between Mebane Airport Road and Terrell
Street, at 1117 South 5th Street in Mebane, Alamance County, North Carolina.

Description of projects area and activity: This verification authorizes the permanent discharge of fill material into 147 linear feet
of stream channel (128 linear feet are a loss of waters of the US from culvert fill, 19 linear feet are associated with a rip rap
dissipater pad) and 0.025 acre of wetlands, and the temporary discharge of fill material into 23 linear feet of stream channel,
necessary for the installation of one road crossing for The Villas on 5th residential development.

Applicable Law(s): Section 404 (Clean Water Act, 33 USC 1344)
Section 10 (Rivers and Harbors Act, 33 USC 403)

Authorization: NWP 29. Residential Developments

SEE ATTACHED NWP GENERAL, REGIONAL, AND/OR SPECIAL CONDITIONS

Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the enclosed
Conditions, your application signed and dated 9/25/2019, and additional information provided via email on 11/4/2019, and the
enclosed plans C1 1 of 2 and 2 of 2 dated 11/1/2019. Any violation of the attached conditions or deviation from your submitted
plans may subject the permittee to a stop work order, a restoration order, a Class I administrative penalty, and/or appropriate
legal action.

This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended
or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this
verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified
nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would
no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction)
or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed
within twelve months of the date of the nationwide permit’s expiration, modification or revocation, unless discretionary authority has
been exercised on a case-by-case basis to modify, suspend or revoke the authorization.

Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Resources (telephone [phone]) to determine Section 401 requirements.

For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior
to beginning work you must contact the N.C. Division of Coastal Management Morehead City, NC, at [phone].

This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State
or local approvals/permits.

If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program,
please contact David E. Bailey at [phone], Ext. 30or [e-mail].

Corps Regulatory Official: _____________________________________________________Date: 11/13/2019

Expiration Date of Verification: 03/18/2022
Date: 2019.11.13 12:54:28
-05'00'
SPECIAL CONDITIONS

1. Please note that this project is considered cumulative with all current and future phases of The
Villas on 5th development with respect to compensatory mitigation and Nationwide Permit
thresholds. As such, impacts permitted for this project (SAW-2015-01508) are considered
cumulative with impacts proposed for future phases. Current cumulative impacts to waters of the
US for The Villas on 5th single and complete project include permanent impacts (loss of waters) to
128 linear feet (0.015 acre) of stream channel and 0.025 acre of wetlands. This amounts to a total
loss of waters of the US of 0.04 acre.

Corps Regulatory Official: ______________ ______ ______ Date: 11/13/2019

Expiration Date of Verification: 03/18/2022

The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so,
please complete the Customer Satisfaction Survey located at http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0.

Copy furnished:
Michael Brame, Pilot Environmental, Inc, P.O. Box 128, Kernersville, NC 27285
Sue Homewood, NCDEQ-DWR, 450 W. Hanes Mill Rd, Suite 300, Winston-Salem, NC 27105
Date: 2019.11.13
12:54:12 -05'00'
XXX
XXXXXXXXXMEBANE LIMITED PARTNERSHIPPARCEL ID: 164155D.B. 2418, PG. 405P.B. 60, PG. 70ZONED: R-6APARTMENTSMEBANE LIMITED PARTNERSHIPPARCEL ID: 164157D.B. 2418, PG. 409P.B. 60, PG. 32ZONED: R-6APARTMENTSMAGGIE McGEEPARCEL ID: 164153D.B. 1155, PG. 243ZONED: R-6 & R-20RESIDENTIALKEN & NANCY BERRYPARCEL ID: 163992D.B. 1121, PG. 263ZONED: O & IOFFICETIMBER CREEK ESTATES, LLC.PARCEL ID: 163990D.B. 2926, PG. 736P.B. 56, PG. 115ZONED: O & IBARBER SHOPTIMOTHY & MICHELE PAGEPARCEL ID: 163988D.B. 1123, PG. 599ZONED: MHP & R-20RESIDENTIALJAMES & MARIA OAKLEYPARCEL ID: 163773D.B. 1034, PG. 466ZONED: R-20VACANTTHREE S INVESTMENTS, LLCPARCEL ID: 163757D.B. 1399, PG. 802ZONED: R-20VACANTMARY GRAVES HEIRSPARCEL ID: 163986D.B. 85, PG. 373ZONED: B-2VACANTJAMES & LEAH PORTERREVOC TRUSTPARCEL ID: 163756D.B. 3182, PG. 776ZONED: M-1VACANTMARTHA WADEREVOC LIVING TRUSTPARCEL ID: 163984D.B. 3056, PG. 553ZONED: B-2VACANTMARIE RAYREVOCABLE TRUSTPARCEL ID: 163768D.B. 2382, PG. 769ZONED: R-20VACANT45857XXX
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X X XX235911121413151816171920212265646362616081807779787475767359373839404142434445464766707172110ERIC STEINBICKER &MARIOLA LUCIANOPARCEL ID: 163993D.B. 2692, PG. 793ZONED: O & IVACANT100 F
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COVER PAGE
PROJECT LOCATION:STATE: NORTH CAROLINACOUNTY: ALAMANCETOWNSHIP: MEBANEC11 OF 2REVISION NOTEDATE
DRAWN BY: SDTCHECKED BY: ARSDATE: 09/10/2019PROJECT NO.: 2036.09REF. NO.:SCALE: 1"=100'NO.
1
2
3
4
5
6 Stoltzfus Engineering Inc.
Civil Engineering Consultants
Aden R. Stoltzfus, PE C-3812
[e-mail]336-904-0207
747 Park Lawn Court
Kernersville, NC 27284
DRAWING FILE PATH: SEI Projects\2036-09\dwg\Villas on 5th Master.dwg
OWNER/DEVELOPER INFORMATION:NOVA TRIAD PARTNERS, LLC.206 NORTH SPRUCE STREET, SUITE 2BWINSTON-SALEM, NC 27101PHONE: [phone] VICINITY MAP1" = 1000'MEB
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DOGWOOD DR.I-40/85SITETHESE DRAWINGS ARE INSTRUMENTS OF SERVICE AND SHALL REMAIN THE PROPERTY OFTHE ENGINEER. THESE DRAWINGS ARE PROTECTED UNDER COPYRIGHT LAWS AND MAYNOT BE REPRODUCED IN PART OR IN WHOLE WITHOUT THE SPECIFIC WRITTEN CONSENTOF THE ENGINEER. 2019 STOLTZFUS ENGINEERING, INC.ZONING SPECIAL CONDITIONS:SITE:1. AT THE TIME OF DEVELOPMENT, THE PROPERTY OWNER IS TO FILE FOR VOLUNTARY ANNEXATION INTO THE CITYOF MEBANE FOR PARCEL NUMBER 164156.2. POSTED SPEED LIMIT FOR ALL INTERNAL STREETS TO BE 25 MPH WITH THE EXCEPTION OF CAMERON DRIVE.3. THE PROPOSED AMENITIES INCLUDE AT A MINIMUM A COMMUNITY CABANA, POOL, GARDEN AREA, GREEN &OPEN SPACE. THE AMENITIES TO BE INSTALLED BEFORE THE FINAL PLAT IS RECORDED FOR PHASE 3.4. THE DEVELOPMENT WILL PROVIDE A 6' PRIVACY FENCE ALONG THE REAR OF LOTS 76-81. THE FENCE SHALL BEPLACED A MINIMUM OF 15' INSIDE OF THE PROPERTY LINE. THERE SHALL ALSO BE A 6' PRIVACY FENCE ALONGTHE COMMON PROPERTY LINE WITH PARCEL # 164153, THE FENCE SHALL BE PLACED ON THE 10' TYPE "B"LANDSCAPE BUFFER RATHER THAN ON SAID PROPERTY LINE.5. BASED ON THE ON-SITE PRIVATE AMENITIES PROVIDED FOR ENJOYMENT OF THE COMMUNITY RESIDENTS, THEAPPLICANT REQUESTS THAT THE PUBLIC RECREATION AREA REQUIREMENT BE WAIVED FOR THE DEVELOPMENTAND INCORPORATED WITH THE RE-ZONING CONDITIONS.6. THE PROJECT IS TO PROVIDE THE REQUIRED IMPROVEMENTS TO NC HWY 119 AT FOUST ROAD AS REQUIRED BYTHE NCDOT.7. LOTS ADJACENT TO CAMERON LANE SHALL HAVE NO DIRECT ACCESS TO CAMERON LANE. SPECIFICALLY LOTS67-69 AND LOTS 95-100.8. THE DEVELOPER SHALL PROVIDE A REASONABLE ACCESS POINT TO CAMERON LANE EXTENSION FOR THE ADJOININGSOUTHERN PROPERTY AS APPROVED BY CITY OF MEBANE STAFF. THE ACCESS SHALL BE PROVIDED AS A 50' PUBLICRIGHT-OF-WAY THAT IS UNIMPROVED WITH 10' CONSTRUCTION EASEMENTS ON EACH SIDE FOR FUTURE CONSTRUCTION,AT NO COST TO THE CITY OR THE ADJOINING LAND OWNER FOR THE DEDICATION OF THE LAND.ARCHITECTURAL:1. HOMES MAY BE SLAB ON GRADE, CRAWL SPACE OR MAY HAVE A BASEMENT FLOOR DEPENDING ONTOPOGRAPHIC CONDITIONS OR PROGRAM.2. HOMES WILL HAVE FRONT LOADED GARAGES. THE GARAGES MAY BE A ONE OR TWO CAR GARAGE.3. HOME EXTERIORS MAY BE A COMBINATION OF MATERIALS SUCH AS BRICK, STONE AND HARDI-PLANK WITHMASONRY ACCENTS. NO VINYL SIDING.4. HOMES WILL PROVIDE 30 YEAR ARCHITECTURAL SHINGLES.5. HOMES WILL PROVIDE PROJECTED EAVES.GENERAL PLAN NOTES:THIS MAP DOES NOT MEET G.S. 47-30 AND IS NOT FOR RECORDING.THIS PROPERTY IS SUBJECT TO ANY EASEMENTS, AGREEMENTS, OR RIGHTS-OF-WAY OF RECORD PRIORTO THE DATE OF THIS MAP AND WHICH WERE NOT VISIBLE AT THE TIME OF INSPECTION.THIS MAP WAS PREPARED WITH OUT THE BENEFIT OF A TITLE REPORT AND DOES NOT NECESSARILYINDICATE ALL ENCUMBRANCES UPON THIS PROPERTY.BOUNDARY TAKEN FROM SURVEY BY ALLRED LAND SURVEYING, PLLC.NO SURVEYING OR SUBSURFACE INVESTIGATIONS PERFORMED BY STOLTZFUS ENGINEERING, INC.THIS PROPERTY IS NOT LOCATED IN A FLOOD PLAIN PER FIRM MAP 3710981400J EFFECTIVE DATE:SEPTEMBER 6, 2006PROPOSED PROPERTY TO BE SERVED BY CITY OF MEBANE PUBLIC WATER AND SANITARY SEWER. ALLCONSTRUCTION TO BE TO CITY OF MEBANE AND NCDOT STANDARDS AND SPECIFICATIONS ASAPPLICABLE.NCDOT DRIVEWAY PERMITS REQUIRED WITH BOND FOR ROAD IMPROVEMENTS, PRIOR TOCONSTRUCTION. NCDOT ENCROACHMENTS AGREEMENT REQUIRED FOR UTILITY CONSTRUCTION, PRIORTO CONSTRUCTION.A FLOOD STUDY WILL BE PROVIDED ON ALL DRAINAGE WAYS HAVING A CONTRIBUTING AREA OF 5ACRES OR MORE.PARCEL DATA:PARCEL ID: 163985 & 164156TOTAL ACREAGE: 35.11 AC. +/-DEED REF: D.B. 3595, PG. 904D.B. 3617, PG. 221PLAT REF: P.B. 71 PG. 288EXISTING ZONING: CU R-6EXISTING USE: VACANTPROPOSED USE: SINGLE FAMILYTOTAL NUMBER OF UNITS: 106TOTAL LF OF STREETS: 6,548 LFLOT DATA:R-6 LOTS: 106DENSITY: 3.09 UNITS/AC.AREA IN LOTS: 20.00 AC +/-AREA IN R/W: 7.78 AC +/-PUBLIC RECREATION SPACE REQUIRED:1/35 AC./ LOT = 106 LOTS/35 = 3.03 AC. ± REQUIREDPRIVATE COMMON AREA/OPEN SPACEPROVIDED: 6.46 AC. +/- (19.71%)LOT DIMENSIONAL REQUIREMENTS:R-6, MIN. LOT AREA = 6,000 SFMIN.LOT WIDTH AT BUILDING LINE= 56 FT.TYPICAL. LOT WIDTH AT BUILDING LINE = 58 FT.MIN.LOT WIDTH AT STREET = 35 FT.FRONT SETBACK = 20 FT.SIDE SETBACK = 5 FT.MIN.SEPARATION = 15 FT.SIDE STREET SETBACK = 10 FT.REAR SETBACK = 20 FT. WITH THE EXCEPTION OFLOTS 95-100,REAR SETBACK OF LOTS 95-100 TO BE 15 FT.8484967686932333435368283848586888990919293941061051041021011032930319697989910095P.B. 71, PG. 288 ALAMANCE COUNTY, NORTH CAROLINACITY OF MEBANEVILLAS ON 5TH STREETPROSPECT DR50' PUBLIC R/WHUDSON DR50'
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R/W87EX.STORMWATERPONDEX. COMMONAREA "A"EX. COMMONAREA "C"PROP.COMMONAREA "D"PROP.COMMONAREA "E"FUTURE COMMONAREA "G"PROP.COMMONAREA "F"AREA RESERVED FOR FUTUREDEVELOPMENTEX. COMMONAREA "B"PHASE 21" = 100'100050100PHASE 1PHASE 2APHASE 2BPHASE 1PHASE 2APHASE 3PHASE 2APHASE 3PHASE 2APHASE 3PHASE 2APHASE 3PHASE 2BPHASE 1PHASE 2APHASE 2APRO
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CONC. END WALLINV. IN: 633.38 (CULVERT #1)INV. IN: 635.38 (CULVERT #2)
CONC. END WALLINV. OUT: 631.00 (CULVERT #1)INV. OUT: 632.00 (CULVERT #2)CL EX. GROUNDCL P
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RCPCULVERT #2CL EX. GROUNDCL PROP. GRADE3MAX.13MAX.12.60%-2.60%-2.75%2.25%LOW POINT STA. = 5+61.57LOW POINT ELEV. = 642.495PVI STA. = 5+51.07PVI ELEV. = 641.20A.D. = 4K = 42.00210.000VCBVCS: 4+46.07BVCE: 644.08
EVCS: 6+56.07EVCE: 643.56
HIGH POINT STA. = 8+82.71HIGH POINT ELEV. = 647.645BVCS: 7+92.71BVCE: 646.63
CL INTERSECTION OFMEBANE AIRPORT RD., STA: 3+52.95 &CAMERON LANE, STA: 0+00ELEV.: 656.32CI-41STA.: 2+62.82, -21.71 LRIM: 649.05INV. OUT: 643.25 (CI-42)INV. IN: 645.10 (CI-40)INV. IN: 643.45 (CI-39)CI-40STA.: 2+62.82, 21.70 RRIM: 649.05INV. OUT: 645.55 (CI-41)CL INTERSECTION OFCAMERON LANE, STA: 3+15.41 &GRAMERCY COURT, STA: 0+00ELEV.: 647.68
CL INTERSECTION OFCAMERON LANE, STA: 7+85.91 &PROSPECT DR., STA: 12+68.36ELEV.: 646.48
EX. CI-34STA.: 7+98.57, 50.87 RRIM: 647.11INV. IN: 643.30 (CI-33)INV. OUT: 640.61 (EX. CB-35)INV. IN: 640.71 (EX. CI-32)
EX. CB-35STA.: 8+30.17, 21.71 RRIM: 647.28INV. IN: 640.23 (EX. CI-34)INV. OUT: 640.06 (EX. STMH-1)
EX. STMH-1STA.: 8+86.84, -32.85 LRIM: 647.93INV. IN: 639.13 (EX. CB-35)INV. OUT: 636.93 ()EX. 43.01 LF@ 0.88%36" RCPEX.
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CL12" MIN.SEPARATIONCI-39STA.: 1+50.00, -21.71 LRIM: 652.15INV. OUT: 644.55 (CI-41)INV. IN: 644.75 (YI-10)109.82 LF @ 1.00% 15" RCP45.81 LF@ 1.09%15" RCP31.45 LF@ 1.11%15" RCPCI-43STA.: 3+32.10, -54.24 LRIM: 647.60INV. OUT: 640.20 (CI-45)INV. IN: 642.20 (CI-42)
CI-45STA.: 4+28.47, -21.71 LRIM: 644.50INV. OUT: 639.10 (CI-48)INV. IN: 639.45 (CI-43)INV. IN: 639.45 (CI-44)94.62 LF @ 0.79% 15" RCP126.94 LF @ 0.75% 18" RCP77.29 LF@ 0.78%15" RCPCI-46STA.: 6+37.68, 21.71 RRIM: 643.12INV. OUT: 639.60 (CI-47)
CI-48STA.: 5+61.57, -21.71 LRIM: 642.43INV. IN: 638.15 (CI-45)INV. IN: 638.45 (CI-47)INV. OUT: 637.70 ()
CI-47STA.: 5+61.57, 21.71 RRIM: 642.43INV. OUT: 638.80 (CI-48)INV. IN: 639.00 (CI-46)
CI-42STA.: 2+96.80, -55.12 LRIM: 647.60INV. OUT: 642.55 (CI-43)INV. IN: 642.75 (CI-41)DOUBLE CULVERT RCP,W/ END WALLS(SEE DETAIL THIS SHEET)18" MIN.SEPARATIONEND PROPDI WATEREND PHASE 2 PAVINGSTA: 8+35.91ELEV.: 647.37(REMAINDER OF CAMERONLANE TO BE GRADED IN PH 2AND PAVED DURING PH 3CONSTRUCTION)
(ADJUST RIM: 646.87)PROP. 12"x8"CROSS4' MIN.COVER
3' MIN.COVER24"+SEPARATIONPROVIDED18"+SEPARATIONPROVIDED48" RCP42"RCP4' MIN.COVER
3' MIN.COVER
4' MIN.COVER PROP. 12" DI WATEROHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU
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PROP. STREAM CROSSING PLAN & PROFILE
PROJECT LOCATION:STATE: NORTH CAROLINACOUNTY: ALAMANCETOWNSHIP: MEBANEC22 OF 2REVISION NOTEDATE
DRAWN BY: SDTCHECKED BY: ARSDATE: 09/10/2019PROJECT NO.: 2036.09REF. NO.:SCALE: 1"=80'NO.
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6 Stoltzfus Engineering Inc.
Civil Engineering Consultants
Aden R. Stoltzfus, PE C-3812
[e-mail]336-904-0207
747 Park Lawn Court
Kernersville, NC 27284
DRAWING FILE PATH: SEI Projects\2036-09\dwg\Villas on 5th Master.dwg11/01/2019OWNER/DEVELOPER INFORMATION:NOVA TRIAD PARTNERS, LLC.206 NORTH SPRUCE STREET, SUITE 2BWINSTON-SALEM, NC 27101PHONE: [phone]
ARMY CORP COMMENTS11/01/19 0+001+002+003+004+005+006+007+008+009+006406306206606506406306201 inch = ft.( IN FEET )GRAPHIC SCALE0CAMERON LN.STA. 0+00 TO STA 11+00(1) 2" BLOW-OFF(1) 12" PLUGMJR W/CONC.THRUST BLOCKINGEX. SSMH-920' LANDSCAPE BUFFERHCRHCR
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PHASE 3 PROP. 12" DI WATER3031959697989932676869EX. STORMWATERPONDSEE PHASE 1 PLANSMARY GRAVES HEIRSPARCEL ID: 163986D.B. 85, PG. 373ZONED: B-2VACANT30
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PROP. 12" DI WATER10' X 70' SIGHT ESMT.10'
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2P-62CI-45P-61CI-44(1) 12x8 TEE(2) 12" G.V.(1) 8" G.V.MJR. W/ CONC.THRUST BLOCKINGPROP. 6" DI WATER CI-49PROP. 5' SIDEWALK50' RWEX. 8"SAN. SEWER
20' LANDSCAPE& UTILITY ESMT.CAMERON DR.STA: 3+15.41GRAMERCY DR.STA:0+00EX. 8"SAN. SEWER
GENERAL NOTES:1. PROPERTY TO BE SERVED BY CITY OF MEBANE PUBLIC WATER AND SEWER.2. ALL CONSTRUCTION TO BE TO CITY OF MEBANE STANDARDS AND SPECIFICATIONS.3. 5' SIDEWALK TO BE LOCATED ON ONE SIDE OF PUBLIC STREETS.4. CONTRACTOR TO LOCATE ALL EXISTING UTILITIES PRIOR TO CONSTRUCTION.5. AREA DETERMINED BY D.M.D. METHOD.6. THIS MAP DOES NOT MEET G.S. 47-30 AND IS NOT FOR THE RECORDATION OR CONVEYANCE OFPROPERTY.7. THIS MAP IS SUBJECT TO ANY EASEMENTS, AGREEMENTS, OR RIGHTS OF WAY RECORDED PRIORTO THE DATE OF THIS MAP WHICH WERE NOT VISIBLE AT THE TIME OF INSPECTION.8. THIS MAP HAS BEEN PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT AND DOES NOTNECESSARILY INDICATE ALL ENCUMBRANCES ON THE PROPERTY.9. DIP SANITARY SEWER AND WATER PIPE TO CLASS 50.640620CULVERT #1 TO BE BURIED12" BELOW BOTTOMOF STREAM BEDCULVERTCROSS-SECTION #1660650640620TEMPORARY CROSSING - "PUMP AROUND" FOR CULVERTINSTALLATIONNOTES1) EROSION STONE TO BE "CLASS I" RIP-RAP UNLESS DESIGNATED DIFFERENTLY ON CONSTRUCTION PLAN.2) PUMP AND LINE SIZE TO BE DETERMINED BY THE CONTRACTOR USING THE BASE FLOW SHOWN ON THE CONSTRUCTION PLANS.3) MATERIAL SPECIFICATIONS SANDBAGS: SANDBAGS SHALL CONSIST OF MATERIALS WHICH ARE RESISTANT TO ULTRAVIOLET RADIATION, TEARING AND PUNCTURE, AND WOVEN TIGHTLY ENOUGH TO PREVENT LEAKAGE OF FILL MATERIAL. (i.e. SAND, FINE GRAVEL, ETC.)CONSTRUCTION SEQUENCE FOR CULVERT CROSSING-PUMP AROUND1) INSTALL PUMP AND LINE TO PUMP FLOW FROM AREA UPSTREAM OF TEMPORARY STREAM CROSSING TO AREA DOWNSTREAM OF CONSTRUCTION AREA. BEGIN PUMPING AND CONTINUING PUMPING WHILE WORKING WITHIN THE STREAM.2) INSTALL DOWNSTREAM TEMPORARY STONE DAM AND FILTER FABRIC TO PREVENT BACKFLOW INTO CONSTRUCTION AREA.3) INSTALL PROPOSED EARTH BERMS ALONG TOP OF BANK ON EACH SIDE OF THE CONSTRUCTION AREA.4) INSTALL DEWATERING BASIN OR SILT BAG AT TOP OF BANK. DEWATER CONSTRCTION AREA BETWEEN TEMPORARY DAM USING TEMP. SEDIMENT TRAP.5) UPON CONSTRUCTION COMPLETION, REMOVE TEMPORARY DAMS, FILTER FABRIC. DEPRESS TEMPORARY DAM BOTTOMS INTO STREAM BED UNTIL TOP OF RIP RAP IS LEVEL WITH STREAM BOTTOM.6) UPON STABILIZATION OF CLEARED AREAS, REMOVE TEMPORARY EARTH BERM, SEDIMENT TRAP, AND DEWATERING BASIN.TEMPORARYCONSTRUCTIONSTREAM CROSSINGFLOWPIPEFLOWSTREAMFLOW
SAND BAGSPROPOSEDEARTH BERM(TYP.)5'MIN5'MINPROPOSEDEARTH BERM(TYP.)CLASS "I"RIP RAPPOLYETHYLENE FABRICON FACE (8 ML. THICK)TO PUMPPROPOSEDEARTH BERM(TYP.)TOP OFBANKFROMPUMPEX. INV.CREEKTEMPORARYSTONE DAMPOLYETHYLENE FABRICON FACE (8 ML. THICK)REMOVE SANDBAGS & FABRIC TO ALLOW FLOW THROUGHWHEN NOT PUMPING AROUND.STREAMFLOWPLANDISTURBANCE LIMITSSECTION A-AAA3'MIN.(1) 12"x8" CROSS(2) 8" G.V.(2) 12" G.V.MJR W/CONC.THRUST BLOCKING30" STD. CURBS/W TYP.10' PVT. SEWER ESMTFOR LOT 95 SEWER SERVICE10'x70' SIGHT ESMT
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5R=30' EPR=30' EPR=30' EPR=30' EP(1) 12" PLUG(1) 2" BLOW-OFFMJR W/CONC.THRUST BLOCKINGPROP. 12" DI WATERPAVEMENTLIMITS OFCAMERON LANETYPICAL SECTION(1) 12"x6" HYDRANT TEE(1) 6" G.V.(1) FIRE HYDRANTMJR W/CONC.THRUST BLOCKING80801608040INLET END WALL(SEE DETAILTHIS SHEET)EX. WETLANDS1,109 SQ.FT. PERMANENTWETLAND IMPACT147 LF PERMANENTSTREAM IMPACT(128 LF CULVERT IMPACT)(19 LF OUTLET PROTECTION)INV.: 631.00INV.: 633.38CULVERT TO BEINSTALLED BYPUMP-AROUNDMETHOD (SEEDETAIL THIS SHEET)TEMP. SANDBAGCOFFERDAM15' TEMP IMPACTRIP-RAP OUTLETPROTECTION TOBE KEYED INTEMP. STONE DAM8' TEMP IMPACTOUTLET ENDWALL(SEE DETAILTHIS SHEET)633.38635.3848" RCPCULVERT #142" RCPCULVERT #242" RCPCULVERT #2INV. 632.0048" RCPCULVERT #1INV. 631.00CONCRETE END WALLSCHEMATIC DETAILNTSINLET END WALLOUTLET END WALLRIP-RAP PAD; TOP OF PADTO BE FLUSH WITH INVERTSO NOT TO OBSTRUCTSTREAM FLOW.INV.: 632.00INV.: 635.38INV. EX.STREAM BEDRIP-RAPPADPROP.GUARDRAIL5' CHAINLINK FENCEON TOP OF END WALLBLACK COMMERCIAL GRADE5' CHAINLINK FENCEON TOP OF END WALLBLACK COMMERCIAL GRADETOP OF RIP-RAPPAD TO BE PLACED1' BELOW EX. STREAMBED AND MATCH CHANNELWIDTH AND CROSS-SECTIONFROM CULVERT #1INV. EX.STREAM BEDEND PHASE2A CURB
Action ID Number: SAW-2015-01508 County: Alamance

Permittee: Nova Triad Partners, LLC (Attn: Andy Dreyfus)

Project Name: Villas on 5th / McGee Farm / 1117 South 5th Street / Mebane / Alamance County / residential

Date Verification Issued: 11/13/2019

Project Manager: David E. Bailey

Upon completion of the activity authorized by this permit and any mitigation required by the permit,
sign this certification and return it to the following address:

US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Attn: David E. Bailey
Raleigh Regulatory Office
U.S Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
or
[e-mail]

Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. Failure to comply with any terms or conditions of this authorization may
result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I
administrative penalty, or initiating other appropriate legal action.

I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and condition of the said permit, and required mitigation was completed in
accordance with the permit conditions.

_______________________________________ ______________________
Signature of Permittee Date

Determination of Jurisdiction:

A. There are waters including wetlands, on the above described project area that may be subject to Section 404 of the Clean Water
Act (CWA) (33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). This preliminary
determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part
331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further
instruction. Please note, if work is authorized by either a general or nationwide permit, and you wish to request an appeal of an
approved JD, the appeal must be received by the Corps and the appeal process concluded prior to the commencement of any work
in waters of the United States and prior to any work that could alter the hydrology of waters of the United States.

B. There are Navigable Waters of the United States within the above described project area subject to the permit requirements of
Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA) (33 USC §
1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to
exceed five years from the date of this notification.

C. There are waters including wetlands, within the above described project area that are subject to the permit
requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.

D. The jurisdictional areas within the above described project area have been identified under a previous action. Please reference
jurisdictional determination issued . Action ID: .
Basis For Determination: See the Approved Jurisdictional Determination form dated 11/13/2019.
Remarks: None.

E. Attention USDA Program Participants

This delineation/determination has been conducted to identify the limits of Corps’ Clean Water Act jurisdiction for the particular site
identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security
Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request
a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work.

F. Appeals Information (This information applies only to approved jurisdiction determinations as indicated in B and C
above).

This correspondence constitutes an approved jurisdiction determination for the above described site. If you object to this
determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a
Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you
must submit a completed RFA form to the following address:

US Army Corps of Engineers
South Atlantic Division
Attn: Phillip Shannin, Review Officer
60 Forsyth Street SW, Room 10M15
Atlanta, Georgia 30303-8801
Phone: [phone]

In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal
under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form, it must be received at the above address by 1/12/2020.
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.**

Corps Regulatory Official: ______________________________________________________
David E. Bailey
Date of JD: 11/13/2019 Expiration Date of JD: 11/13/2019
Date: 2019.11.13
12:53:03 -05'00'

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Nova Triad Partners, LLC (Attn: Andy Dreyfus) File Number: SAW-2015-01508 Date: 11/13/2019
Attached is: See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A
PROFFERED PERMIT (Standard Permit or Letter of permission) B
PERMIT DENIAL C
APPROVED JURISDICTIONAL DETERMINATION D
PRELIMINARY JURISDICTIONAL DETERMINATION E
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at or http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx
or the Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
x ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
x OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request
that the permit be modified accordingly. You must complete Section II of this form and return the form to the district
engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will
forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your
objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your
objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After
evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in
Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
x ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
x APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein,
you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of
this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days
of the date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new
information.
x ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
x APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers
Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form
must be received by the division engineer within 60 days of the date of this notice.
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the
preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed),
by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the
Corps to reevaluate the JD.

SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial
proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or
objections are addressed in the administrative record.)

ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the
record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record.
However, you may provide additional information to clarify the location of information that is already in the administrative
record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/or the
appeal process you may contact:
District Engineer, Wilmington Regulatory Division
Attn: David E. Bailey
Raleigh Regulatory Office
U.S Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587

If you only have questions regarding the appeal process you may
also contact:
Mr. Phillip Shannin, Administrative Appeal Review Officer
CESAD-PDO
U.S. Army Corps of Engineers, South Atlantic Division
60 Forsyth Street, Room 10M15
Atlanta, Georgia 30303-8801
Phone: [phone]
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day
notice of any site investigation, and will have the opportunity to participate in all site investigations.

________________________________________
Signature of appellant or agent.
Date: Telephone number:

For appeals on Initial Proffered Permits send this form to:

District Engineer, Wilmington Regulatory Division, Attn: David E. Bailey, 69 Darlington Avenue, Wilmington, North Carolina
28403

For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to:

Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Phillip Shannin, Administrative
Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801
Phone: [phone]

APPROVED JURISDICTIONAL DETERMINATION FORM
U.S. Army Corps of Engineers

This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook.

SECTION I: BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD): November 13, 2019

B. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Villas on 5th / McGee Farm / 1117 South 5th Street /
Mebane / Alamance County / residential, SAW-2015-01508

C. PROJECT LOCATION AND BACKGROUND INFORMATION: The project is located between South 5th Street and I-40, and
between Mebane Airport Road and Terrell Street, at 1117 South 5th Street in Mebane, Alamance County, North Carolina.
State: North Carolina County/parish/borough: Alamance County City: Mebane
Center coordinates of site (lat/long in degree decimal format): Lat. 36.0712475401531°N, Long. -79.2851281698495° W
Universal Transverse Mercator: 17 654425.31 3993211.82
Name of nearest waterbody: Back Creek
Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows:
Name of watershed or Hydrologic Unit Code (HUC): Haw, 03030002
Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request.
Check if other sites (e.g., offsite mitigation sites, disposal sites, etc…) are associated with this action and are recorded on a different
JD form:

D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
Office (Desk) Determination. Date:
Field Determination. Date(s): 10/23/2019

SECTION II: SUMMARY OF FINDINGS
A. RHA SECTION 10 DETERMINATION OF JURISDICTION.

There Are no “navigable waters of the U.S.” within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the
review area. [Required]
Waters subject to the ebb and flow of the tide.
Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce.
Explain:

B. CWA SECTION 404 DETERMINATION OF JURISDICTION.

There Are “waters of the U.S.” within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [Required]

1. Waters of the U.S.
a. Indicate presence of waters of U.S. in review area (check all that apply): 1
TNWs, including territorial seas
Wetlands adjacent to TNWs
Relatively permanent waters2 (RPWs) that flow directly or indirectly into TNWs
Non-RPWs that flow directly or indirectly into TNWs
Wetlands directly abutting RPWs that flow directly or indirectly into TNWs
Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs
Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs
Impoundments of jurisdictional waters
Isolated (interstate or intrastate) waters, including isolated wetlands

b. Identify (estimate) size of waters of the U.S. in the review area:
Non-wetland waters: 740 linear feet, 3-5 wide, and/or acres.
Wetlands: 0.296 acres.

c. Limits (boundaries) of jurisdiction based on: 1987 Delineation Manual
Elevation of established OHWM (if known):

2. Non-regulated waters/wetlands (check if applicable):3
Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional.
Explain:

SECTION III: CWA ANALYSIS

A. TNWs AND WETLANDS ADJACENT TO TNWs

1 Boxes checked below shall be supported by completing the appropriate sections in Section III below.
2 For purposes of this form, an RPW is defined as a tributary that is not a TNW and that typically flows year-round or has continuous flow at least “seasonally”
(e.g., typically 3 months).
3 Supporting documentation is presented in Section III.F.

- 2 -

The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW, complete
Section III.A.1 and Section III.D.1. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections III.A.1 and 2
and Section III.D.1.; otherwise, see Section III.B below.

1. TNW
Identify TNW:

Summarize rationale supporting determination:

2. Wetland adjacent to TNW
Summarize rationale supporting conclusion that wetland is “adjacent”:

B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY):

This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps
determine whether or not the standards for jurisdiction established under Rapanos have been met.

The agencies will assert jurisdiction over non-navigable tributaries of TNWs where the tributaries are “relatively permanent
waters” (RPWs), i.e. tributaries that typically flow year-round or have continuous flow at least seasonally (e.g., typically 3
months). A wetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNW, but has year-round
(perennial) flow, skip to Section III.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow,
skip to Section III.D.4.

A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and
EPA regions will include in the record any available information that documents the existence of a significant nexus between a
relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even
though a significant nexus finding is not required as a matter of law.

If the waterbody4 is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the
waterbody has a significant nexus with a TNW. If the tributary has adjacent wetlands, the significant nexus evaluation must
consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for
analytical purposes, the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is
the tributary, or its adjacent wetlands, or both. If the JD covers a tributary with adjacent wetlands, complete Section III.B.1 for
the tributary, Section III.B.2 for any onsite wetlands, and Section III.B.3 for all wetlands adjacent to that tributary, both onsite
and offsite. The determination whether a significant nexus exists is determined in Section III.C below.

1. Characteristics of non-TNWs that flow directly or indirectly into TNW

(i) General Area Conditions:
Watershed size: 56 acres
Drainage area: 6 acres
Average annual rainfall: 46.6 inches
Average annual snowfall: 8.6 inches

(ii) Physical Characteristics:
(a) Relationship with TNW:
Tributary flows directly into TNW.
Tributary flows through 3 tributaries before entering TNW.

Project waters are 5-10 river miles from TNW.
Project waters are 1 (or less) river miles from RPW.
Project waters are 5-10 aerial (straight) miles from TNW.
Project waters are 1 (or less) aerial (straight) miles from RPW.
Project waters cross or serve as state boundaries. Explain:

Identify flow route to TNW5: Stream ISA (seasonal RPW) to Stream SA (seasonal RPW) to Little Haw Creek
(RPW) to Haw Creek (RPW) to Haw River (TNW)
Tributary stream order, if known: 1st

(b) General Tributary Characteristics (check all that apply):

4 Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the arid
West.
5 Flow route can be described by identifying, e.g., tributary a, which flows through the review area, to flow into tributary b, which then flows into TNW.

- 3 -

Tributary is: Natural
Artificial (man-made). Explain:
Manipulated (man-altered). Explain: Incised most likely due to stormwater runnoff from
previous land uses and current residential development up-drainage.

Tributary properties with respect to top of bank (estimate):
Average width: 3 feet
Average depth: 2 feet
Average side slopes: Vertical (1:1 or less).

Primary tributary substrate composition (check all that apply):
Silts Sands Concrete
Cobbles Gravel Muck
Bedrock Vegetation. Type/% cover:
Other. Explain:

Tributary condition/stability [e.g., highly eroding, sloughing banks]. Explain: tributary begins at headcut, likely due
to previous land use practices resulting in high erosion; now appears stable.
Presence of run/riffle/pool complexes. Explain: none
Tributary geometry: Relatively straight
Tributary gradient (approximate average slope): 1-2 %

(c) Flow:
Tributary provides for: Seasonal flow
Estimate average number of flow events in review area/year: 6-10
Describe flow regime: flow during the low evaptranspiration time of the year (November-March), and then
during/following precipitation events.
Other information on duration and volume:

Surface flow is: Confined. Characteristics: confined primarily to stream banks

Subsurface flow: Unknown. Explain findings:
Dye (or other) test performed:

Tributary has (check all that apply):
Bed and banks
OHWM6 (check all indicators that apply):
clear, natural line impressed on the bank the presence of litter and debris
changes in the character of soil destruction of terrestrial vegetation
shelving the presence of wrack line
vegetation matted down, bent, or absent sediment sorting
leaf litter disturbed or washed away scour
sediment deposition multiple observed or predicted flow events
water staining abrupt change in plant community
other (list):
Discontinuous OHWM.7 Explain:

If factors other than the OHWM were used to determine lateral extent of CWA jurisdiction (check all that apply):
High Tide Line indicated by: Mean High Water Mark indicated by:
oil or scum line along shore objects survey to available datum;
fine shell or debris deposits (foreshore) physical markings;
physical markings/characteristics vegetation lines/changes in vegetation types.
tidal gauges
other (list):

(iii) Chemical Characteristics:
Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.).
Explain: no water in channel at time of evaluation
Identify specific pollutants, if known: likely nutrients and pesticides from up-drainage residential development.

6A natural or man-made discontinuity in the OHWM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where
the OHWM has been removed by development or agricultural practices). Where there is a break in the OHWM that is unrelated to the waterbody’s flow
regime (e.g., flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break.
7Ibid.

- 4 -

(iv) Biological Characteristics. Channel supports (check all that apply):
Riparian corridor. Characteristics (type, average width): ~50'; mixed pine/hardwood
Wetland fringe. Characteristics:
Habitat for:
Federally Listed species. Explain findings:
Fish/spawn areas. Explain findings:
Other environmentally-sensitive species. Explain findings:
Aquatic/wildlife diversity. Explain findings: seasonal water source for common urban-wildland interface species.

2. Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into TNW

(i) Physical Characteristics:
(a) General Wetland Characteristics:
Properties:
Wetland size: acres
Wetland type. Explain:
Wetland quality. Explain:
Project wetlands cross or serve as state boundaries. Explain:

(b) General Flow Relationship with Non-TNW:
Flow is: Pick List. Explain:

Surface flow is: Pick List
Characteristics:

Subsurface flow: Pick List. Explain findings:
Dye (or other) test performed:

(c) Wetland Adjacency Determination with Non-TNW:
Directly abutting
Not directly abutting
Discrete wetland hydrologic connection. Explain:
Ecological connection. Explain:
Separated by berm/barrier. Explain:

(d) Proximity (Relationship) to TNW
Project wetlands are Pick List river miles from TNW.
Project waters are Pick List aerial (straight) miles from TNW.
Flow is from: Pick List.
Estimate approximate location of wetland as within the Pick List floodplain.

(ii) Chemical Characteristics:
Characterize wetland system (e.g., water color is clear, brown, oil film on surface; water quality; general watershed
characteristics; etc.). Explain:
Identify specific pollutants, if known:

(iii) Biological Characteristics. Wetland supports (check all that apply):
Riparian buffer. Characteristics (type, average width):
Vegetation type/percent cover. Explain:
Habitat for:
Federally Listed species. Explain findings:
Fish/spawn areas. Explain findings:
Other environmentally-sensitive species. Explain findings:
Aquatic/wildlife diversity. Explain findings:

3. Characteristics of all wetlands adjacent to the tributary (if any)
All wetland(s) being considered in the cumulative analysis: Pick List
Approximately acres in total are being considered in the cumulative analysis.

For each wetland, specify the following:

Directly abuts? (Y/N) Size (in acres) Directly abuts? (Y/N) Size (in acres)

- 5 -

Summarize overall biological, chemical and physical functions being performed:

C. SIGNIFICANT NEXUS DETERMINATION

A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed
by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity
of a TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent
wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW.
Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow
of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent
wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a
tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or
outside of a floodplain is not solely determinative of significant nexus.

Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and
discussed in the Instructional Guidebook. Factors to consider include, for example:
 Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to
TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW?
 Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and
other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW?
 Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that
support downstream foodwebs?
 Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or
biological integrity of the TNW?

Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented
below:

1. Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain
findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section III.D:

2. Significant nexus findings for non-RPW and its adjacent wetlands, where the non-RPW flows directly or indirectly into
TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its
adjacent wetlands, then go to Section III.D:

3. Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of
presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to
Section III.D:

D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL
THAT APPLY):

1. TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area:
TNWs: linear feet, wide, Or acres.
Wetlands adjacent to TNWs: acres.

2. RPWs that flow directly or indirectly into TNWs.
Tributaries of TNWs where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that
tributary is perennial: Stream SA is in a natural topographic drainage, occurs within the footprint of a blue-line pond
on the USGS topo map (now drained), had flow during Corps site visits on both 5/28/2015 and 10/23/2019, and was
determined to be perennial by the applicant's agent.
Tributaries of TNW where tributaries have continuous flow “seasonally” (e.g., typically three months each year) are
jurisdictional. Data supporting this conclusion is provided at Section III.B. Provide rationale indicating that tributary flows
seasonally: Stream ISA occurs within a natural topographic low, has incised to a point where it seasonally intercepts
groundwater, and has OHWM indicators as documented in Section III.B.1.ii(c).

Provide estimates for jurisdictional waters in the review area (check all that apply):
Tributary waters: 740 linear feet 3-5 wide.
Other non-wetland waters: acres.
Identify type(s) of waters:

- 6 -

3. Non-RPWs8 that flow directly or indirectly into TNWs.
Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a
TNW is jurisdictional. Data supporting this conclusion is provided at Section III.C.

Provide estimates for jurisdictional waters within the review area (check all that apply):
Tributary waters: linear feet, wide.
Other non-wetland waters: acres.
Identify type(s) of waters:

4. Wetlands directly abutting an RPW that flow directly or indirectly into TNWs.
Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands.
Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale indicating that
tributary is perennial in Section III.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW:
Wetlands WA1-3 and WA4-30 extend to the banks of Stream SA.

Wetlands directly abutting an RPW where tributaries typically flow “seasonally.” Provide data indicating that tributary is
seasonal in Section III.B and rationale in Section III.D.2, above. Provide rationale indicating that wetland is directly
abutting an RPW:

Provide acreage estimates for jurisdictional wetlands in the review area: 0.296 acres.

5. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs.
Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent
and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisidictional. Data supporting this
conclusion is provided at Section III.C.

Provide acreage estimates for jurisdictional wetlands in the review area: acres.

6. Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs.
Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and
with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this
conclusion is provided at Section III.C.

Provide estimates for jurisdictional wetlands in the review area: acres.

7. Impoundments of jurisdictional waters.9
As a general rule, the impoundment of a jurisdictional tributary remains jurisdictional.
Demonstrate that impoundment was created from “waters of the U.S.,” or
Demonstrate that water meets the criteria for one of the categories presented above (1-6), or
Demonstrate that water is isolated with a nexus to commerce (see E below).

E. ISOLATED [INTERSTATE OR INTRA-STATE] WATERS, INCLUDING ISOLATED WETLANDS, THE USE,
DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY
SUCH WATERS (CHECK ALL THAT APPLY):10
which are or could be used by interstate or foreign travelers for recreational or other purposes.
from which fish or shellfish are or could be taken and sold in interstate or foreign commerce.
which are or could be used for industrial purposes by industries in interstate commerce.
Interstate isolated waters. Explain:
Other factors. Explain:

Identify water body and summarize rationale supporting determination:

Provide estimates for jurisdictional waters in the review area (check all that apply):
Tributary waters: linear feet, wide.
Other non-wetland waters: acres.
Identify type(s) of waters:
Wetlands: acres.

8See Footnote # 3.
9 To complete the analysis refer to the key in Section III.D.6 of the Instructional Guidebook.
10 Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for
review consistent with the process described in the Corps/EPA Memorandum Regarding CWA Act Jurisdiction Following Rapanos.

- 7 -

F. NON-JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY):
If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers
Wetland Delineation Manual and/or appropriate Regional Supplements.
Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce.
Prior to the Jan 2001 Supreme Court decision in “SWANCC,” the review area would have been regulated based solely on the
“Migratory Bird Rule” (MBR).
Waters do not meet the “Significant Nexus” standard, where such a finding is required for jurisdiction. Explain:
Other: (explain, if not covered above):

Provide acreage estimates for non-jurisdictional waters in the review area, where the sole potential basis of jurisdiction is the MBR
factors (i.e., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional
judgment (check all that apply):
Non-wetland waters (i.e., rivers, streams): linear feet, wide.
Lakes/ponds: acres.
Other non-wetland waters: acres. List type of aquatic resource:
Wetlands: acres.

Provide acreage estimates for non-jurisdictional waters in the review area that do not meet the “Significant Nexus” standard, where such
a finding is required for jurisdiction (check all that apply):
Non-wetland waters (i.e., rivers, streams): linear feet, wide.
Lakes/ponds: acres.
Other non-wetland waters: acres. List type of aquatic resource:
Wetlands: acres.

SECTION IV: DATA SOURCES.

A. SUPPORTING DATA. Data reviewed for JD (check all that apply - checked items shall be included in case file and, where checked
and requested, appropriately reference sources below):
Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant:
Data sheets prepared/submitted by or on behalf of the applicant/consultant.
Office concurs with data sheets/delineation report.
Office does not concur with data sheets/delineation report.
Data sheets prepared by the Corps:
Corps navigable waters’ study:
U.S. Geological Survey Hydrologic Atlas:
USGS NHD data.
USGS 8 and 12 digit HUC maps.
U.S. Geological Survey map(s). Cite scale & quad name: 1:24K; Mebane
USDA Natural Resources Conservation Service Soil Survey. Citation:
National wetlands inventory map(s). Cite name:
State/Local wetland inventory map(s):
FEMA/FIRM maps:
100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929)
Photographs: Aerial (Name & Date):
or Other (Name & Date):
Previous determination(s). File no. and date of response letter:
Applicable/supporting case law:
Applicable/supporting scientific literature:
Other information (please specify):

B. ADDITIONAL COMMENTS TO SUPPORT JD:

Although there was an existing Approved Jurisdictional Determination (AJD, valid until 7/14/2020) on this site, given the fact that
the old pond bed on‐site had been recently drained prior to the previous Corps site visit (on 5/28/2015), and the likelihood of changes
in the location of stream channels and wetland boundaries in these areas following drainage, the Corps granted a re‐evaluation of the
extent of waters of the US on site.

This form covers RPWs SA (perennial) and ISA (seasonal), and abutting wetlands WA1-3 and WA4-30.
THE LOCATIONS OF FEATURES SHOWN ON THIS MAP ARE APPROXIMATE. THEY WERE VERIFIED IN THE FIELD BY MR. DAVID BAILEY WITH
THE USACE AND MS. SUE HOMEWOOD WITH THE NCDEQ‐DWR ON OCTOBER 23, 2019. THIS EXHIBIT INCLUDES GPS LOCATIONS OF
DELINEATEDFEATURES. DELINEATION CONDUCTED BY PILOT ON 6.6.19.
FLAG NUMBERS/INFO
WETLAND FLAGS =
STREAM FLAGS = 
Stream Flags = 24
Wetland Flags = 27
Wetland Map
Villas on 5th Street
Approximate 34.5‐Acre Tract
Mebane, Alamance County, NC
Pilot Project 2973.2
Drawing 5
Aerial Imagery from ESRI
and Pilot GPS Data
Scale: 1” = 250’
Date: 6.7.19
WA 1‐3
75 LF
SA 1‐18
600 LF
WA 4‐12
0.094 ac.WA 13‐30
0.20 ac.
DP‐2 
DP‐1 
ISA 1‐3
140 LF
LEGEND
Site Boundary
Perennial Stream 
Intermittent Stream 
Wetland
Data Point
Flag Number/Feature ID
DP‐1 
WA 1‐5
DocuSign Envelope ID: 148C81 F7-A412-4CE4-9247-4778A19DC80E
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
Nova Triad Partners LLC
Attn: Andy Dreyfuss
206 N Spruce Street, Suite 2B
Winston Salem NC 27101
NORTH CAROLINA
Environmental Quality
November 15, 2019
DWR # 20191326
Alamance County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
Villas on 5th Street
Dear Mr. Dreyfuss:
You have our approval for the impacts listed below for the purpose described in your application dated
September 25, 2019, received by the Division of Water Resources (Division) September 30, 2019 and
with subsequent information on November 12, 2019. These impacts are covered by the attached Water
Quality General Certification Number 4139 and the conditions listed below. This certification is
associated with the use of Nationwide Permit Number 29 once it is issued to you by the U.S. Army Corps
of Engineers. Please note that you should get any other federal, state or local permits before
proceeding with your project, including those required by (but not limited to) Sediment and Erosion
Control, Non -Discharge, and Water Supply Watershed regulations.
This approval requires you to follow the conditions listed in the enclosed certification(s) or general
permit and the following additional conditions:
1. The following impacts are hereby approved provided that all of the other specific and general
conditions of the Certification are met. No other impacts are approved, including incidental
impacts. [15A NCAC 02H .0506(b) and/or (c)]
Type of Impact
Amount Approved (units)
Permanent
Amount Approved (units)
Temporary
Stream
147 (linear feet)
23 (linear feet)
404/401 Wetlands
0.025 (acres)
0 (acres)
North Carolina Department of Environmental Quality I Division of Water Resources
Winston-Salem Regional Office 1450 W. Hanes Mill Road, Suite 3001 Winston-Salem, North Carolina 27105
�a•`�a..`ti*f 336-776-9800

DocuSign Envelope ID: 148C81 F7-A412-4CE4-9247-4778A19DC80E
Nova Triad Partners LLC
DWR# 20191326
401APPROVAL
Page 2 of 3
This approval is for the purpose and design described in your application. The plans and
specifications for this project are incorporated by reference as part of the Certification. If you
change your project, you must notify the Division and you may be required to submit a new
application package with the appropriate fee. If the property is sold, the new owner must be
given a copy of this approval letter and General Certification(s)/Permit/Authorization and is
responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)]
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 Villas on 5th Street
development or future phases thereof may be considered cumulative to impacts approved in
this Certification and may require a modification of this 401 Water Quality Certification
approval. [15A NCAC 02H .0506(4) and 15A NCAC 02H .0501 and .0502]
4. The permittee shall report to the Winston Salem Regional Office any noncompliance with this
certification, any violation of stream or wetland standards [15A NCAC 02B .0200] including but
not limited to sediment impacts, and any violation of state regulated riparian buffer rules [15A
NCAC 02B .0200]. Information shall be provided orally within 24 hours (or the next business day
if a weekend or holiday) from the time the applicant became aware of the circumstances. A
written submission shall also be provided within 5 business days of the time the applicant
becomes aware of the circumstances. The written submission shall contain a description of the
noncompliance, and its causes; the period of noncompliance, including exact dates and times, if
the noncompliance has not been corrected, the anticipated time compliance is expected to
continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the
noncompliance. The Division may waive the written submission requirement on a case -by -case
basis.
This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]
This Certification can be contested as provided in General Statute 150B by filing a written petition for an
administrative hearing to the Office of Administrative Hearings (hereby known as OAH) within sixty (60)
calendar days.
A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH Clerk's
Office at [phone] for information. A petition is considered filed when the original and one (1) copy
along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday
through Friday between 8:OOam and S:OOpm, excluding official state holidays).
The petition may be faxed to the OAH at [phone], provided the original and one copy of the
petition along with any applicable OAH filing fee is received by the OAH within five (5) business days
following the faxed transmission.

DocuSign Envelope ID: 148C81 F7-A412-4CE4-9247-4778A19DC80E
Mailing address for the OAH:
If sending via US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Nova Triad Partners LLC
DWR# 20191326
401APPROVAL
Page 3of3
If sending via delivery service (UPS, FedEx, etc):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to DEQ:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review of the Division under section 401 of the Clean Water Act. Please
contact Sue Homewood at 336-776-9693 or [e-mail] if you have any questions or
concerns.
Sincerely,
DocuSiTgned by:
mltr
145B49E225C94EA...
Lon T. Snider
Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ— WSRO
Enclosures: GC 4139
cc: Michael Brame, Pilot Environmental Inc (via email)
David Bailey, USACE Raleigh Regulatory Field Office (via email)
Olivia Munzer, NCWRC (via email)
DWR WSRO 401 file
DWR 401 & Buffer Permitting Unit file

STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF WATER RESOURCES
WATER QUALITY GENERAL CERTIFICATION NO.4139
GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR US ARMY CORPS OF ENGINEERS
• NATIONWIDE PERMIT NUMBER 18 (MINOR DISCHARGES),
• NATIONWIDE PERMIT NUMBER 29 (RESIDENTIAL DEVELOPMENT),
• NATIONWIDE PERMIT NUMBER 39 (COMMERCIAL AND INSTITUTIONAL
DEVELOPMENTS),
• NATIONWIDE PERMIT NUMBER 40 (AGRICULTURAL ACTIVITIES),
• NATIONWIDE PERMIT NUMBER 41(RESHAPING EXISTING DRAINAGE DITCHES),
• NATIONWIDE PERMIT NUMBER 42 (RECREATIONAL FACILITIES),
• NATIONWIDE PERMIT NUMBER 44 (MINING ACTIVITIES),
• NATIONWIDE PERMIT NUMBER 46 (DISCHARGES IN DITCHES),
• NATIONWIDE PERMIT NUMBER 51(LAND BASED RENEWABLE ENERGY GENERATION
FACILITIES), AND
• NATIONWIDE PERMIT NUMBER 52 (WATER BASED RENEWABLE ENERGY GENERATION
PILOT PROJECTS).
Water Quality Certification Number 4139 is issued in conformity with the requirements of
Section 401, Public Laws 92-500 and 95-217 of the United States and subject to the North
Carolina Regulations in 15A NCAC 02H .0500 and 15A NCAC 02B .0200 for the discharge of fill
material to surface waters and wetland areas as described in 33 CFR 330 Appendix A (B) (18, 29,
39, 40, 41, 42, 44, 46, 51 and 52) of the US Army Corps of Engineers regulations.
The State of North Carolina certifies that the specified category of activity will not violate
applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-
217 if conducted in accordance with the conditions hereinafter set forth.
Effective date: December 1, 2017
Signed this day: December 1, 2017
By
for Linda Culpepper
Interim Director

GC4139
Activities meeting any one (1) of the following thresholds or circumstances require written
approval for a 401 Water Quality Certification from the Division of Water Resources (DWR):
a) If any of the conditions of this Certification (listed below) cannot be met; or
b) Any impacts to streams from excavation or dredging other than excavation that is
conducted as preparation for installing permanent fill or structures; or
c) Total temporary and permanent impacts to streams greater than 150 feet; or
d) Any stream relocation or stream restoration; or
e) Complete dewatering and drawdowns to a sediment layer related to pond/dam
maintenance or removal; or
f) Total temporary and permanent impacts to wetlands or open waters equal to or greater
than one -tenth (1/10) acre; or
g) Any high -density project, as defined in 15A NCAC 02H .1003(2)(a) and by the density
thresholds specified in 15A NCAC 02H .1017, which:
L Disturbs one acre or more of land (including a project that disturbs less than one
acre of land that is part of a larger common plan of development or sale); and
ii. Has permanent wetland, stream or open water impacts; and
iii. Is proposing new built -upon area; and
iv. Does not have a stormwater management plan reviewed and approved under a
state stormwater program' or a state -approved local government stormwater
program2.
Projects that have vested rights, exemptions, or grandfathering from state or locally -
implemented stormwater programs and projects that satisfy state or locally -
implemented stormwater programs through use of community in -lieu programs require
written approval.; or
h) Any permanent impacts to waters, or to wetlands adjacent to waters, designated as:
ORW (including SAV), HQW (including PNA), SA, WS-I, WS-II, Trout, or North Carolina or
National Wild and Scenic River; or
i) Any permanent impacts to coastal wetlands [15A NCAC 07H .0205], or Unique Wetlands
(UWL) [15A NCAC 02H .0506]; or
j) Any impact associated with a Notice of Violation or an enforcement action for
violation(s) of NC Wetland Rules (15A NCAC 02H .0500), NC Isolated Wetland Rules (15A
NCAC 02H .1300), NC Surface Water or Wetland Standards (15A NCAC 02B .0200), or
State Regulated Riparian Buffer Rules (15A NCAC 02B .0200); or
k) Any impacts to subject water bodies and/or state regulated riparian buffers along
subject water bodies in the Neuse, Tar -Pamlico, or Catawba River Basins or in the
Randleman Lake, Jordan Lake or Goose Creek Watersheds (or any other basin or
watershed with State Regulated Riparian Area Protection Rules [Buffer Rules] in effect
at the time of application) unless:
L The activities are listed as "EXEMPT" from these rules; or
1 e.g. Coastal Counties, HQW, ORW, or state -implemented Phase II NPDES
2 e.g. Delegated Phase II NPDES, Water Supply Watershed, Nutrient -Sensitive Waters, or Universal Stormwater
Management Program
Page 2 of 11

GC4139
ii. A Buffer Authorization Certificate is issued by the NC Division of Coastal
Management (DCM); or
iii. A Buffer Authorization Certificate or a Minor Variance is issued by a delegated or
designated local government implementing a state riparian buffer program
pursuant to 143-215.23.
Activities included in this General Certification that do not meet one of the thresholds listed
above do not require written approval.
I. ACTIVITY SPECIFIC CONDITIONS:
1. If this Water Quality Certification is used to access residential, commercial or industrial
building sites, then all parcels owned by the applicant that are part of the single and
complete project authorized by this Certification must be buildable without additional
impacts to streams or wetlands. If required in writing by DWR, the applicant shall provide
evidence that the parcels are buildable without requiring additional impacts to wetlands,
waters, or state regulated riparian buffers. [15A NCAC 02H .0506(b)(4) and (c)(4)]
2. For road construction purposes, this Certification shall only be utilized from natural high
ground to natural high ground. [15A NCAC 02H .0506(b)(2) and (c)(2)]
3. Deed notifications or similar mechanisms shall be placed on all lots with retained
jurisdictional wetlands, waters, and state regulated riparian buffers within the project
boundaries in order to assure compliance with NC Wetland 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. [15A NCAC 02H .0506(b)(4)
and (c)(4)]
4. For all dam removal projects meeting the definition under G.S. 143-215.25 and
requirements under G.S. 143-215.27 of a professionally supervised dam removal, the
applicant shall provide documentation that any sediment that may be released has similar
or lower level of contamination than sediment sampled from downstream of the dam in
accordance with Session Law 2017-145.
5. For the North Carolina Department of Transportation, compliance with the NCDOT's
individual NPDES permit NCS000250 shall serve to satisfy this condition. All other high -
density projects that trigger threshold Item (g) above shall comply with one of the following
requirements: [15A NCAC 02H .0506(b)(5) and (c)(5)]
Page 3 of 11

GC4139
a. Provide a completed Stormwater Management Plan (SMP) for review and approval,
including all appropriate stormwater control meAsure (SCM) supplemental forms and
associated items, that complies with the high -density development requirements of 15A
NCAC 02H .1003. Stormwater management shall be provided throughout the entire
project area in accordance with 15A NCAC 02H .1003. For the purposes of 15A NCAC
02H .1003(2)(a), density thresholds shall be determined in accordance with 15A NCAC
02H .1017.
b. Provide calculations to document that the project will not cause degradation of
downstream surface waters. Documentation shall include a detailed analysis of the
hydrological impacts from stormwater runoff when considering the volume and velocity
of stormwater runoff from the project built upon area and the size and existing
condition of the receiving stream(s).
Exceptions to this condition require application to and written approval from DWR.
II. GENERAL CONDITIONS:
1. When written authorization is required, the plans and specifications for the project are
incorporated into the authorization by reference and are an enforceable part of the
Certification. Any modifications to the project require notification to DWR and may require
an application submittal to DWR with the appropriate fee. [15A NCAC 02H .0501 and .0502]
2. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the
footprint of the impacts (including temporary impacts) as authorized in the written approval
from DWR; or beyond the thresholds established for use of this Certification without
written authorization. [15A NCAC 02H .0501 and .0502]
No removal of vegetation or other impacts of any kind shall occur to state regulated riparian
buffers beyond the footprint of impacts approved in a Buffer Authorization or Variance or
as listed as an exempt activity in the applicable riparian buffer rules. [15A NCAC 02B .0200]
3. In accordance with 15A NCAC 02H .0506(h) and Session Law 2017-10, compensatory
mitigation may be required for losses of greater than 300 linear feet of perennial streams
and/or greater than one (1) acre of wetlands. Impacts associated with the removal of a
dam shall not require mitigation when the removal complies with the requirements of Part
3 of Article 21 in Chapter 143 of the North Carolina General Statutes. Impacts to isolated
and other non-404 jurisdictional wetlands shall not be combined with 404 jurisdictional
wetlands for the purpose of determining when impact thresholds trigger a mitigation
requirement. For linear publicly owned and maintained transportation projects that are not
determined to be part of a larger common plan of development by the US Army Corps of
Engineers, compensatory mitigation may be required for losses of greater than 300 linear
feet per perennial stream.
Page 4 of 11

GC4139
Compensatory stream and/or wetland mitigation shall be proposed and completed in
compliance with G.S. 143-214.11. For applicants proposing to conduct mitigation within a
project site, a complete mitigation proposal developed in accordance with the most recent
guidance issued by the US Army Corps of Engineers Wilmington District shall be submitted
for review and approval with the application for impacts.
4. All activities shall be in compliance with any applicable State Regulated Riparian Buffer
Rules in Chapter 2 of Title 15A.
5. When applicable, all construction activities shall be performed and maintained in full
compliance with G.S. Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973).
Regardless of applicability of the Sediment and Pollution Control Act, all projects shall
incorporate appropriate Best Management Practices for the control of sediment and
erosion so that no violations of state water quality standards, statutes, or rules occur. [15A
NCAC 02H .0506 (b)(3) and (c)(3) and 15A NCAC 026.0200]
Design, installation, operation, and maintenance of all sediment and erosion control
measures shall be equal to or exceed the requirements specified in the most recent version
of the North Carolina Sediment and Erosion Control Manual, or for linear transportation
projects, the NCDOT Sediment and Erosion Control Manual.
All devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil)
sites, including contractor -owned or leased borrow pits associated with the project.
Sufficient materials required for stabilization and/or repair of erosion control measures and
stormwater routing and treatment shall be on site at all times.
For borrow pit sites, the erosion and sediment control measures shall be designed,
installed, operated, and maintained in accordance with the most recent version of the
North Carolina Surface Mining Manual. Reclamation measures and implementation shall
comply with the reclamation in accordance with the requirements of the Sedimentation
Pollution Control Act and the Mining Act of 1971.
If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs), SA,
WS-I, WS-II, High Quality Waters (HQW), or Outstanding Resource Waters (ORW), then the
sedimentation and erosion control designs shall comply with the requirements set forth in
15A NCAC 046 .0124, Design Standards in Sensitive Watersheds.
6. Sediment and erosion control measures shall not be placed in wetlands or waters except
within the footprint of temporary or permanent impacts authorized under this Certification.
Exceptions to this condition require application to and written approval from DWR. [15A
NCAC 02H .0501 and .0502]
7. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be
used along streambanks or within wetlands. Exceptions to this condition require
application to and written approval from DWR. [15A NCAC 02B .0201]
Page 5 of 11

GC4139
8. An NPDES Construction Stormwater Permit (NCG010000) is required for construction
projects that disturb one (1) or more acres of land. The NCG010000 Permit allows
stormwater to be discharged during land disturbing construction activities as stipulated in
the conditions of the permit. If the project is covered by this permit, full compliance with
permit conditions including the erosion & sedimentation control plan, inspections and
maintenance, self -monitoring, record keeping and reporting requirements is required. [15A
NCAC 02H .0506(b)(5) and (c)(5)]
The North Carolina Department of Transportation (NCDOT) shall be required to be in full
compliance with the conditions related to construction activities within the most recent
version of their individual NPDES (NCS000250) stormwater permit. [15A NCAC 02H
.0506(b)(5) and (c)(5)]
9. All work in or adjacent to streams shall be conducted so that the flowing stream does not
come in contact with the disturbed area. Approved best management practices from the
most current version of the NC Sediment and Erosion Control Manual, or the NC DOT
Construction and Maintenance Activities Manual, such as sandbags, rock berms,
cofferdams, and other diversion structures shall be used to minimize excavation in flowing
water. Exceptions to this condition require application to and written approval from DWR.
[15A NCAC 02H .0506(b)(3) and (c)(3)]
10. If activities must occur during periods of high biological activity (e.g. sea turtle nesting, fish
spawning, or bird nesting), then biological monitoring may be required at the request of
other state or federal agencies and coordinated with these activities. [15A NCAC 02H
.0506(b)(2) and 15A NCAC 04B .0125]
All moratoriums on construction activities established by the NC Wildlife Resources
Commission (WRC), US Fish and Wildlife Service (USFWS), NC Division of Marine Fisheries
(DMF), or National Marine Fisheries Service (NMFS) shall be implemented. Exceptions to
this condition require written approval by the resource agency responsible for the given
moratorium. A copy of the approval from the resource agency shall be forwarded to DWR.
Work within a designated trout watershed of North Carolina (as identified by the
Wilmington District of the US Army Corps of Engineers), or identified state or federal
endangered or threatened species habitat, shall be coordinated with the appropriate WRC,
USFWS, NMFS, and/or DMF personnel.
11. Culverts shall be designed and installed in such a manner that the original stream profiles
are not altered and allow for aquatic life movement during low flows. The dimension,
pattern, and profile of the stream above and below a pipe or culvert shall not be modified
by widening the stream channel or by reducing the depth of the stream in connection with
the construction activity. The width, height, and gradient of a proposed culvert shall be
such as to pass the average historical low flow and spring flow without adversely altering
flow velocity. [15A NCAC 02H .0506(b)(2) and (c)(2)]
Page 6 of 11

GC4139
Placement of culverts and other structures in streams shall be below the elevation of the
streambed by one foot for all culverts with a diameter greater than 48 inches, and 20% of
the culvert diameter for culverts having a diameter less than or equal to 48 inches, to allow
low flow passage of water and aquatic life.
If multiple pipes or barrels are required, they shall be designed to mimic the existing stream
cross section as closely as possible including pipes or barrels at flood plain elevation and/or
sills where appropriate. Widening the stream channel shall be avoided.
When topographic constraints indicate culvert slopes of greater than 5%, culvert burial is
not required, provided that all alternative options for flattening the slope have been
investigated and aquatic life movement/connectivity has been provided when possible (e.g.
rock ladders, cross vanes, etc.). Notification, including supporting documentation to include
a location map of the culvert, culvert profile drawings, and slope calculations, shall be
provided to DWR 60 calendar days prior to the installation of the culvert.
When bedrock is present in culvert locations, culvert burial is not required provided that
there is sufficient documentation of the presence of bedrock. Notification, including
supporting documentation such as, a location map of the culvert, geotechnical reports,
photographs, etc. shall be provided to DWR a minimum of 60 calendar days prior to the
installation of the culvert. If bedrock is discovered during construction, then DWR shall be
notified by phone or email within 24 hours of discovery.
If other site -specific topographic constraints preclude the ability to bury the culverts as
described above and/or it can be demonstrated that burying the culvert would result in
destabilization of the channel, then exceptions to this condition require application to and
written approval from DWR.
Installation of culverts in wetlands shall ensure continuity of water movement and be
designed to adequately accommodate high water or flood conditions. When roadways,
causeways, or other fill projects are constructed across FEMA-designated floodways or
wetlands, openings such as culverts or bridges shall be provided to maintain the natural
hydrology of the system as well as prevent constriction of the floodway that may result in
destabilization of streams or wetlands.
The establishment of native woody vegetation and other soft stream bank stabilization
techniques shall be used where practicable instead of rip -rap or other bank hardening
methods.
12. Bridge deck drains shall not discharge directly into the stream. Stormwater shall be
directed across the bridge and pre-treated through site -appropriate means to the maximum
extent practicable (e.g. grassed swales, pre -formed scour holes, vegetated buffers, etc.)
before entering the stream. -Exceptions to this condition require application to and written
approval from DWR. [15A NCAC 02H .0506(b)(5)]
Page 7 of 11

GC4139
13. Application of fertilizer to establish planted/seeded vegetation within disturbed riparian
areas and/or wetlands shall be conducted at agronomic rates and shall comply with all
other Federal, State and Local regulations. Fertilizer application shall be accomplished in a
manner that minimizes the risk of contact between the fertilizer and surface waters. [15A
NCAC 02B .0200 and 15A NCAC 026 .0231]
14. If concrete is used during construction, then all necessary measures shall be taken to
prevent direct contact between uncured or curing concrete and waters of the state. Water
that inadvertently contacts uncured concrete shall not be discharged to waters of the state.
[15A NCAC 02B .0200]
15. All proposed and approved temporary fill and culverts shall be removed and the impacted
area shall be returned to natural conditions within 60 calendar days after the temporary
impact is no longer necessary. The impacted areas shall be restored to original grade,
including each stream's original cross sectional dimensions, planform pattern, and
longitudinal bed profile. For projects that receive written approval, no temporary impacts
are allowed beyond those included in the application and authorization. All temporarily
impacted sites shall be restored and stabilized with native vegetation. [15A NCAC 02H
.0506(b)(2) and (c)(2)]
16. All proposed and approved temporary pipes/culverts/rip-rap pads etc. in streams shall be
installed as outlined in the most recent edition of the North Carolina Sediment and Erosion
Control Planning and Design Manual or the North Carolina Surface Mining Manual or the
North Carolina Department of Transportation Best Management Practices for Construction
and Maintenance Activities so as not to restrict stream flow or cause dis-equilibrium during
use of this Certification. [15A NCAC 02H .0506(b)(2) and (c)(2)]
17. Any rip -rap required for proper culvert placement, stream stabilization, or restoration of
temporarily disturbed areas shall be restricted to the area directly impacted by the
approved construction activity. All rip -rap shall be placed such that the original stream
elevation and streambank contours are restored and maintained. Placement of rip -rap or
other approved materials shall not result in de -stabilization of the stream bed or banks
upstream or downstream of the area or in a manner that precludes aquatic life passage.
[15A NCAC 02H .0506(b)(2)]
18. Any rip -rap used for stream or shoreline stabilization shall be of a size and density to
prevent movement by wave, current action, or stream flows and shall consist of clean rock
or masonry material free of debris or toxic pollutants. Rip -rap shall not be installed in the
streambed except in specific areas required for velocity control and to ensure structural
integrity of bank stabilization measures. [15A NCAC 02H .0506(b)(2)]
19. Applications for rip -rap groins proposed in accordance with 15A NCAC 07H .1401 (NC
Division of Coastal Management General Permit for construction of Wooden and Rip -rap
Groins in Estuarine and Public Trust Waters) shall meet all the specific conditions for design
and construction specified in 15A NCAC 07H .1405.
Page 8 of 11

GC4139
20. 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. [15A NCAC
02H .0506(b)(3) and (c)(3) and 15A NCAC 02B .0211(12)]
21. Heavy equipment working in wetlands shall be placed on mats or other measures shall be
taken to minimize soil disturbance. [15A NCAC 02H .0506(b)(3) and (c)(3)]
22. In accordance with 143-215.85(b), the applicant shall report any petroleum spill of 25
gallons or more; any spill regardless of amount that causes a sheen on surface waters; any
petroleum spill regardless of amount occurring within 100 feet of surface waters; and any
petroleum spill less than 25 gallons that cannot be cleaned up within 24 hours.
23. If an environmental document is required under the State Environmental Policy Act (SEPA),
then this General Certification is not valid until a Finding of No Significant Impact (FONSI) or
Record of Decision (ROD) is issued by the State Clearinghouse. If an environmental
document is required under the National Environmental Policy Act (NEPA), then this
General Certification is not valid until a Categorical Exclusion, the Final Environmental
Assessment, or Final Environmental Impact Statement is published by the lead agency [15A
NCAC 01C .0107(a)]
24. This General Certification does not relieve the applicant of the responsibility to obtain all
other required Federal, State, or Local approvals before proceeding with the project,
including those required by, but not limited to Sediment and Erosion Control, Non -
Discharge, Water Supply Watershed, and Trout Buffer regulations.
25. The applicant and their authorized agents shall conduct all activities in a manner consistent
with State water quality standards (including any requirements resulting from compliance
with §303(d) of the Clean Water Act), and any other appropriate requirements of State and
Federal Law. If DWR determines that such standards or laws are not being met, including
failure to sustain a designated or achieved use, or that State or Federal law is being violated,
or that further conditions are necessary to assure compliance, then DWR may revoke or
modify a written authorization associated with this General Water Quality Certification.
[15A NCAC 02H .0507(d)]
26. 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 Certification. A copy of this Certification,
including all conditions shall be available at the project site during the construction and
maintenance of this project. [15A NCAC 02H .0507 (c) and 15A NCAC 02H .0506 (b)(2) and
(c)(2)]
Page 9 of 11

GC4139
27. When written authorization is required for use of this Certification, upon completion of all
permitted impacts included within the approval and any subsequent modifications, the
applicant shall be required to return a certificate of completion (available on the DWR
website https://edocs.deg.nc.gov/Forms/Certificate-of-Completion). [15A NCAC 02H
.0502(f)]
28. Additional site -specific conditions, including monitoring and/or modeling requirements,
may be added to the written approval letter for projects proposed under this Water Quality
Certification in order to ensure compliance with all applicable water quality and effluent
standards. [15A NCAC 02H .0507(c)]
29. If the property or project is sold or transferred, the new permittee shall be given a copy of
this Certification (and written authorization if applicable) and is responsible for complying
with all conditions. [15A NCAC 02H .0501 and .0502]
GENERAL CERTIFICATION ADMINISTRATION:
1. In accordance with North Carolina General Statute 143-215.3D(e), written approval for a
401 Water Quality General Certification must include the appropriate fee. An applicant for
a CAMA permit under Article 7 of Chapter 113A of the General Statutes for which a Water
Quality Certification is required shall only make one payment to satisfy both agencies; the
fee shall be as established by the Secretary in accordance with 143-215.3D(e)(7).
2. This Certification neither grants nor affirms any property right, license, or privilege in any
waters, or any right of use in any waters. This Certification does not authorize any person
to interfere with the riparian rights, littoral rights, or water use rights of any other person
and this Certification does not create any prescriptive right or any right of priority regarding
any usage of water. This Certification shall not be interposed as a defense in any action
respecting the determination of riparian or littoral rights or other rights to water use. No
consumptive user is deemed by virtue of this Certification to possess any prescriptive or
other right of priority with respect to any other consumptive user regardless of the quantity
of the withdrawal or the date on which the withdrawal was initiated or expanded.
3. This Certification grants permission to the Director, an authorized representative of the
Director, or DWR staff, upon the presentation of proper credentials, to enter the property
during normal business hours. [15A NCAC 02H .0502(e)]
4. This General Certification shall expire on the same day as the expiration date of the
corresponding Nationwide Permit and/or Regional General Permit. The conditions in effect
on the date of issuance of Certification for a specific project shall remain in effect for the life
of the project, regardless of the expiration date of this Certification. This General
Certification is rescinded when the US Army Corps of Engineers reauthorizes any of the
corresponding Nationwide Permits and/or Regional General Permits or when deemed
appropriate by the Director of the Division of Water Resources.
Page 10 of 11

GC4139
5. Non-compliance with or violation of the conditions herein set forth by a specific project may
result in revocation of this General Certification for the project and may also result in
criminal and/or civil penalties.
6. The Director of the North Carolina Division of Water Resources may require submission of a
formal application for Individual Certification for any project in this category of activity if it
is deemed in the public's best interest or determined that the project is likely to have a
significant adverse effect upon water quality, including state or federally listed endangered
or threatened aquatic species, or degrade the waters so that existing uses of the water or
downstream waters are precluded.
History Note: Water Quality Certification (WQC) Number 4139 issued December 1, 2017
replaces WQC 4092 issued March 3, 2017; WQC 3890 issued March 19, 2012; replaces WQC
Number 3821 issued April 6, 2010; WQC Number 3631 issued March 19, 2007; WQC 3402 issued
March 28, 2003; WQC Number 3362, issued March 18, 2002; WQC 3287, issued June 1, 2000;
WQCs 3106 and 3108 issued February 11, 1997.
Page 11 of 11

Proposal for Environmental Services
Pilot Proposal 2793.3
April 13, 2020
AGENT AUTHORIZATION
This form authorizes Pilot to act as our agent in stream/wetland matters including U.S. Army
Corps of Engineers and North Carolina Division of Water Resources field verification and
permitting.
Property Address: %11L[451014 Z,5 `"
Ii!T S- �5` -:5-t-
Owner Information:
Name:
Address:
Telephone Number:
Fax Number:
E-mail Address:
Signature: Date: Ll if

VILLAS ON FIFTH STREET PHASE 2
LOTS 85-88 GRADING EXHIBIT
OWNER/DEVELOPER INFORMATION:
NOVA TRIAD PARTNERS, LLC
206 N. SPRUCE STREET, SUITE 2A
WINSTON-SALEM, NC 27101
Stoltzfus Engineering Inc. DRAWN BY SDT SCALE 1''=100'
Civil Engineering Consultants CHECKED BY ARS DATE 04/06/2020
747 PARK LAWN COURT KERNERSVILLE, NC 27284 PH: [phone] COUNTY Alamance PROJECT# 2036-09B