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HomeMy WebLinkAbout20191631 Ver 2_ePCN Application_20210623DWR mrlslon of Water Resources Pre -Construction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) June 1, 2021 Ver4.1 Initial Review Has this project met the requirements for acceptance in to the review process?* r Yes r No Is this project a public transportation project?* r Yes r No Change only if needed. BIMS # Assigned 20191631 Is a payment required for this project?* r No payment required r Fee received r Fee needed - send electronic notification Reviewing Office* Fayetteville Regional Office - (910) 433-3300 Information for Initial Review la. Name of project: Providence Creek Modification la. Who is the Primary Contact?* Deborah Shirley 1b. Primary Contact Email:* dshirley@sandec.com Date Submitted 6/23/2021 Nearest Body of Water Neills Creek (Neals Creek) Basin Cape Fear Water Classification WS-IV Site Coordinates Latitude: Longitude: 35.472022-78.808741 A. Processing Information County (or Counties) where the project is located: Harnett Is this a NCDMS Project r Yes r No Is this project a public transportation project?* r Yes r No Pre -Filing Meeting Information Version#* 2 What amout is owed?* r $240.00 IT $570.00 Select Project Reviewer* Chad Turlington:eads\ccturlington 1c. Primary Contact Phone:* (919)846-5900 Is this a courtesy copy notification?* r Yes r No ID# 201901631 Pre -fling Meeting or Request Date 4/2/2021 Attach documentation of Pre -Filing Meeting Request here: pick the upload button or drag and drop files here to attach document DWR Pre -Filing Meeting Request Form.pdf File type rtust be FCF 1a. Type(s) of approval sought from the Corps: W Section 404 Permit (wetlands, streams and waters, Clean Water Act) r Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Has this PCN previously been submitted?* IT Yes r No Please provide the date of the previous submission.* 11 /26/2019 1b. What type(s) of permit(s) do you wish to seek authorization? W Nationwide Permit (NWP) r Regional General Permit (RGP) r Standard (IP) 1c. Has the NWP or GP number been verified by the Corps? r Yes r No Nationwide Permit (NWP) Number: NWP Numbers (for multiple NWPS): 1d. Type(s) of approval sought from the DWR: r 401 Water Quality Certification - Regular r Non-404 Jurisdictional General Permit W Individual 401 Water Quality Certification Version Version 2 29 - Residential Developments le. Is this notification solely for the record because written approval is not required? For the record only for DWR 401 Certification: For the record only for Corps Permit: 51.65KB r 401 Water Quality Certification - Express r Riparian Buffer Authorization 1f. Is this an after -the -fact permit application?* r Yes r No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? r Yes IT No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? r Yes r No 1h. Is the project located in any of NC's twenty coastal counties? r Yes IT No 1j. Is the project located in a designated trout watershed? r Yes r No B. Applicant Information 1d. Who is applying for the permit? r Owner 9 Applicant (other than owner) le. Is there an Agent/Consultant for this project?* r Yes r No 2. Owner Information 2a. Name(s) on recorded deed: Harnett Central Holdings, LLC 2b. Deed book and page no.: DB: 3734; DP: 952 * r Yes r No r Yes r No 2c. Contact Person: Harvey Montague 2d.Address Street Address 10305 Penny Road Address tine 2 city Raleigh Postal / Zip Code 27606 2e. Telephone Number: (919)868-3580 2g. Email Address:* handtniontague@earthlink.net 2a. Name(s) on recorded deed: Mattamy Homes, LLC 2b. Deed book and page no.: DB: 3777 DP: 0120 and DB: 3909 DP: 0134 2c. Contact Person: Michael Brown 2d.Address Street Address 1210 Trinity Road, Suite 102 Address tine 2 city Cary Postal / Zip Code 27513 2e. Telephone Number: (919)902-0823 2g. Email Address:* michael.brown@maftamycorp.com 3. Applicant Information (if different from owner) 3a. Name: Michael Brown 3b. Business Name: Mattamy Homes, LLC 3c.Address Street Address 1210 Trinity Road, Suite 102 Address Line 2 City Cary Postal / Zip Code 27513 3d. Telephone Number: (919)902-0823 3f. Email Address:* michael.brovwi@niattamycorp.com 4. Agent/Consultant (if applicable) 4a. Name: Deborah Shirley 4b. Business Name: Soil & Environmental Consultants, PA 4c.Address State / Rovince / Region NC Country USA 2f. Fax Number: Slate / Rovince / Region NC Country USA 2f. Fax Number: State / Province / Region NC Country USA 3e. Fax Number: Street Address 8412 Falls of Neuse Road, Suite 104 Address tine 2 City State / Rovince / Ifgion Raleigh NC Postal / Zip Code Country 27615 USA 4d. Telephone Number: 4e. Fax Number: (919)846-5900 (919)846-9467 4f. Email Address:* dshirley@sandec.com C. Project Information and Prior Project History U 1. Project Information 1b. Subdivision name: (d appropriate) 1c. Nearest municipality / town: Fuquay-Varina 2. Project Identification 2a. Property Identification Number: 0652-65-9522, 0652-65-0753, 0652-64-6574, 0652-63-6280 & 0652-64-0308 2c. Project Address Street Address 1370 Ballard Road Address Line 2 City Fuquay-Varina Postal / Zip Code 27526 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* Wills Creek (heals Creek) 3b. Water Resources Classification of nearest receiving water:* WS-IV 3c. What river basin(s) is your project located in?* Cape Fear 3d. Please provide the 12-digit HUC in which the project is located. 030300040501 4. Project Description and History 2b. Property size: +/- 231 State / Province / Region NC Country USA 4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:* Existing conditions consist of wooded land, agricultural fields, a residential structure and a 40' public Harnett County Sanitary sewer Easement at two locations along the eastern side of the property. Wills Creek bounds the southeastern property with adjacent wetlands and three perennial tributaries that flow into Wills Creek cross the property. These perennial tributaries have adjacent wetlands and one of which (stream C) is intermittent above it's confluence with stream D. The general use in the vicinity of the project is rural residential. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* r Yes r No r Unknown If yes, please give the DWR Certification number or the Corps Action ID (exp. SAW-0000-00000). A Section 404 Nationwide Permit 29 and 12 verification was issued on January 15, 2020 (SAW-2019-00611). A Section 401 Water Quality Certification Approval was issued on January 17, 2020 (DWR #19-1631). Compensatory mitigation was a special condition of the Nationwide Permit verification for permanent loss stream and permanent -no permanent loss wetland impacts. Compensatory mitigation has been paid, please see attached payment receipt. 4f. List the total estimated acreage of all existing wetlands on the property: Approximately 34 acres (1,480,972 SF) 4g. List the total estimated linear feet of all existing streams on the property: Approximately 7,609 linear feet 4h. Explain the purpose of the proposed project:* The purpose of this project is to extend two (2) culverts for the two (2) previously authorized road crossings to meet NCDOT design standards for a residential development. 41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* The overall project consists of the modification of two road crossings to meet NCDOT design standards. Specifically, "Culverts must be long enough to accommodate the proposed typical roadway section and a 2:1 fill slope, or flatter, from shoulder point to the crown of structure or roof slab (not headwall)." This design modification will result in additional stream impacts. Equipment typically used for construction and earthwork such as backhoes, bulldozers, excavators, graders, pavers etc. will be utilized for this project. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* r Yes r No C Unknown Comments: 5b. If the Corps made a jurisdictional determination, what type of determination was made?* r Preliminary r Approved r Not Verified C Unknown r N/A Corps AID Number: SAW-2019-00611 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Alex Adams Agency/Consultant Company: Adams Soil Consulting, PLLC Other: 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made bythe Corps or DWR Per information provided, Alex Adams met with Emily Greer on June 13, 2019. 6. Future Project Plans 6a. Is this a phased project?* r Yes C No 6b. If yes, explain. Yes, but phased through construction activities. Are anyother NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity? It is my understanding that there are no other MVP's, Regional General Permits, Individual Permits that are intended to be used to authorize any part of the proposed project. The history on the permitting and construction of the existing sanitary sewer that is located on the eastern side of the property is unknown. D. Proposed Impacts Inventory 1. Impacts Summary 1a. Where are the impacts associated with your project? (check all that apply): W Wetlands W Streams -tributaries ❑ Buffers r Open Waters r Pond Construction 2. Wetland Impacts a. Site #*(?) 2a1 Reason (?) 2b. Impact type*(?) 2c. Type of W.* 2d. W. name * 2e. Forested* 2f. Type of 2g. Impact Jurisdicition * M area* _11 npact 1 (W-10) Road Crossing ��T Bottomland Hardwood Forest Wetland P Yes Both 0.009 (Construction Access) (acres) 2g. Total Temporary Wetland Impact 0.009 2g. Total Wetland Impact 0.009 21. Comments: 3. Stream Impacts 2g. Total Permanent Wetland Impact 0.000 3a. Reason for impact (?) 3b.lmpact type" 3c. Type of impact" 3d. S. name" 3e. Stream Type" 3f. Type of 3g. S. width" 3h. Impact (?) Jurisdiction* i length* S1 Impact 1 (S-1 B) -Road Permanent Culvert Stream F Perennial Both 2 138 Crossing Culvert i i i Average(feet) i (lirearfeet) S2 Impact 1 (S-1C) - Road Permanent Other Stream F Perennial Both 2 28 Crossing-Riprap Average (feet) (lirrfeet) (Permanent -no permanent loss) S3 Impact 1 (S-1A & S-1 D) - Temporary Other Stream F Perennial Both 2 22 Road Crossing - Temporary Average (feet) (li �r feet) Construction Access S4 Impact 2 S-2B Road P ( )- Permanent Culvert Stream F Perennial Both 2 110 Crossing Culvert Average (feet) (lirfeet) S5 Impact 2 (S-2C) - Road Permanent Other Stream F Perennial Both 2 24 Crossing-Riprap Average (feet) (linearfeet) (Permanent -no permanent loss) S6 Impact 2 (S-2A & S-2D) - Temporary Other Stream F Perennial Both 2 38 Road Crossing - Temporary Average (feet) (linearfeet) Construction Access 31. Total jurisdictional ditch impact in square feet: 31. Total permanent stream impacts: 300 31. Total stream and ditch impacts: 360 31. Total temporary stream impacts: 3j. Comments: Total permanent loss stream = 248 LF (483 SF); Total permanent -no permanent loss stream = 52 LF (92 SF); Temporary Stream impacts = 60 LF (125 SF). E. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: S&EC completed a wetland delineation for the entire property in order to identify natural resources so that impacts could be avoided & minimized to the maximum extent practicable. Impact #1 is a proposed road crossing necessary to access the southern areas of the property. Proposed impacts include permanent perennial stream impacts for a proposed culvert and headwalls, permanent -no permanent loss stream impacts for a riprap dissipator pad (riprap to be keyed into stream bed and not exceed pre -construction stream bed elevations), and temporary stream and wetland impacts for construction activities (i.e. pump around/coffer dams). Impacts have been minimized by utilizing headwall/retaining wall and crossing at a near perpendicular angle. Impact #2 is a proposed road crossing necessary to access the property from Harnett Central Road. Proposed impacts include permanent perennial stream impacts for a proposed culvert and headwalls, permanent -no permanent loss stream impacts for a riprap dissipator pad (riprap to be keyed into stream bed and not exceed pre -construction stream bed elevations), and temporary stream impacts for construction activities (i.e. pump around/coffer dams). Impacts have been minimized by utilizing headwall/retaining wall and crossing at a near perpendicular angle. This impact is necessary because Phases 1 & 2 will be constructed initially, with Phases 3-9 happening at a later dates. For fire & safety reasons, more than one point of ingress/egress is recommended. Additionally, per Article VII. Development Design Guidelines, Section 2.0 Street & Transportation Standards, 2.6.1: "Al developments of more than 200 residential units or additions to existing developments that increase the total number of residential units to 200 or more shall provide vehicular access to at least two (2) public streets. In cases where the property being developed is adjacent to more than one (1) State road, it is encouraged that the required entrances be located on separate State roads." The modification of these two (2) crossings are necessary because the initial design showed the use of retaining walls to reduce the stream impact but in order to meet the NCDOT design standards, "Culverts must be long enough to accommodate the proposed typical roadway section and a 2:1 fill slope, or flatter, from shoulder point to the crown of structure or roof slab (not headwall)". Per the project engineer, the NCDOT are not providing any flexibility on this design requirement. The project engineers have designed utilizing the maximum side slopes and minimizing the road widths to meet the NCDOT standards. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Per the project engineer, construction techniques such as pump arounds, coffer dams and silt fencing will be utilized. 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? r Yes r No 2b. If this project DOES NOT require Compensatory Mitigation, explain why: There are no permanent wetland impacts associated with this modification request and all permanent loss stream impacts are less than 0.02 acres. The previous 404 NWP verification required 412 LF of stream mitigation (i.e. 2:1 ratio). If possible, we would like to request that the special condition for the compensatory stream mitigation be reconsidered with the change in Nationwide Permit 29 and Regional Condition 7 that changes the mitigation threshold to 0.02 acres. F. Stormwater Management and Diffuse Flow Plan (required by DWR) v 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? r Yes r No If no, explain why: The project is not located within in an area that has one of the NC Riparian Buffer Protection Rules. 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?* r Yes r No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? r Yes r No Local Government Stormwater Programs r Phase II r NSW r USMP P Water Supply Please identify which local government stormwater program you are using. Harnett County Comments: G. Supplementary Information 1. Environmental Documentation la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? r Yes f• No 2. Violations (DWR Requirement) 2a. Is the site in violation of DWR Water Quality Certification Rules (15ANCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 2B .0200)?* r Yes r No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project result in additional development, which could impact nearby downstream water quality?* r Yes r No 3b. If you answered "no," provide a short narrative description. We have reviewed the "Draft Internal Policy, Cumulative impacts and the 401 Water Quality Certification and Isolated Wetlands Programs' document prepared by the NC Division of Water Quality on April 10, 2004, version 2.1. The draft states that many private developments are unlikely to cause cumulative impacts, including projects such as urban in -fill, most residential subdivisions and small commercial developments as well as agricultural and silvicultural operations. The Providence Creek Subdivision project is a residential development. The property is located within Harnett County, and therefore the adjacent properties that have potential for development will have the following regulations to protect downstream waters: 1) the Water Supply, Watershed Protection Program which limits development densities as well as requires protective riparian buffers. We anticipate that the DWR will advise us if any additional information is needed. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* r Yes r Nor N/A 4b. Describe, in detail, the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated at a treatment plant, list the capacity available at that plant. Non -discharge to North Harnett County Regional WWTP, Permit number NC0021636 Approximate Available Capacity is±0.9 MGD. 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?* r Yes r No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* r Yes r No 5d. Is another Federal agency involved?* r Yes r No r Unknown 5e. Is this a DOT project located within Division's 1-8? r Yes r No 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? r Yes r No 5g. Does this project involve bridge maintenance or removal? r Yes r No 5h. Does this project involve the construction/installation of a wind turbine(s)?* r Yes r No 5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.? r Yes r No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? The NC Natural Heritage Programs Data Explorer Map was used to search for elemental occurrences of federally protected species listed within and within 1 mile of the project boundaries. It was determined based on the search that there is one (1) elemental occurrence that is listed as federally Threatened/Endangered within or within 1 mile of the project boundaries. The Cape Fear Shiner is federally listed as Endangered and has historically been found in Neill's Creek. The southeastern property boundary of the project is Neill's Creek, there are no proposed impacts to Neill's Creek. References: North Carolina Natural Heritage Program. 2019. Geographic Information System (GIS) data, NCDNCR, Raleigh, NC. Available at http://wvvw.ncnhp.org/. (Accessed: November 25, 2019). 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* r Yes r No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* The NOAA Habitat Conservation/Habitat Protection: National Marine Fish Service; Essential Fish Habitat Mapper website was referenced. No Essential Fish Habitat was identified near the project. 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?* r Yes r No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* The NC State Historic Preservation Office HPOWEB GIS Service interactive map was referenced on November 22, 2019. One (1) structure identified as "Surveyed Only" exists on property. Per the HPOWEB GIS Service and a Historical Architectural Resources Survey Report, Improve US 401 from North of Fayetteville to North of Fuquay-Varina, R-2609, Cumberland, Harnett and Wake Counties, Multi, ER 11-0210, this structure was identified in Appendix B Surveyed Resources Not Eligible for the NRHP as "Recommended Not Eligible" because of "common type/lost integrity". https://fiiles.nc.gov/ncdcr/historic-preservation-office/PDFs/ER % 2011-0210. pdf#page=442 8. Flood Zone Designation (Corps Requirement) Sa. Will this project occur in a FEMA-designated 100-year floodplain?* r Yes r No 8b. If yes, explain how project meets FEMA requirements: Previously authorized utility impacts 4, 5 & 6 are located within the FEMA 100-year floodplain, not the proposed road crossings. 8c. What source(s) did you use to make the floodplain determination?* NC Flood Risk Information System Floodplain Mapping Program and confirmation from the project engineer. Miscellaneous Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one file when possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred. nick the upkad button or drag and drop files here to attach document Providence Creek PCN Attachments.pdf Rle mist be FCF or IM Comments 15.75MB Signature V By checking the box and signing below, I certify that: • The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief; and • The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. • I have given true, accurate, and complete information on this form; • I agree that submission of this PCN 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 PCN form. Full Name: Deborah E. Shirley Signature S'!5 11y Date 6/23/2021 Contact Name* Deborah Shirley Contact Email Address* dshirley@sandec.com Project Owner* Mattamy Homes, LLC (Attn: Michael Brown) Project Name* Providence Creek Modification Project County* Harnett Owner Address:* Street Address 1210 Trinity Road, Suite 102 Address Line 2 aty State / Province / Pegion Cary NC Postal / Zip axle Country 27513 United States Is this a transportation project?* C Yes c: No Type(s) of approval sought from the DWR: W 401 Water Quality Certification - F 401 Water Quality Certification - Regular Express F Individual Permit F Modification F Shoreline Stabilization Does this project have an existing project ID#?* c: Yes C No Please list all existing project ID's associated with this projects.* SAW-2019-00611 Do you know the name of the staff member you would like to request a meeting with? Chad Turlington Please give a brief project description below and include location information.* This project is a proposed single family residential development modification, specifically to the Road Crossing impacts. This mod is necessary to meet the NCDOT design standards "Culverts must be long enough to accommodate the proposed typical roadway section and a 2:1 fill slope, or flatter, from shoulder point to the crown of structure or roof slab (not headwall)." This project is located at 1370 Ballard Road in Fuquay-Varina, NC and is approximately 231 acres. Existing conditions consists of wooded land and agricultural fields with a residential structure. There are two (2) proposed road crossings with stream and wetland impacts as well as four (4) utility crossings with stream and wetland impacts that were previously approved. Please give a couple of dates you are available for a meeting. 4/5/2021 4/6/2021 4/7/2021 4/8/2021 4/9/2021 Please attach the documentation you would like to have the meeting about. 2020.02.19._Revised Overall.pdf 1.31VIB pdf only By digitally signing below, I certify that I have read and understood that per the Federal Clean Water Act Section 401 Certification Rule the following statements: This form completes the requirement of the Pre -Filing Meeting Request in the Clean Water Act Section 401 Certification Rule. 1 understand by signing this form that I cannot submit my application until 30 calendar days after this pre -filing meeting request. 1 also understand that DWR is not required to respond or grant the meeting request. Your project's thirty -day clock started upon receipt of this application. You will receive notification regarding meeting location and time if a meeting is necessary. You will receive notification when the thirty -day clock has expired, and you can submit an application. Signature * Submittal Date 4/2/2021 Project Name/Description: Date: 4.1.2021 Environmental Consultants, 8412 Falls of Neuse Road, Suite 104, Raleigh, NC 27615 • Phone: (919) 846-5900 sandm om AGENT AUTHORIZATION Providence Creek Modification The Department of the Army U.S. Army Corps of Engineers, Wilmington District 69 Darlington Avenue Wilmington, NC 28403 S&EC Project 4 14001 Attn: Emily Greer Field Office: Raleigh Regulatory Field Office I, the undersigned, authorizes S&EC, as my agent, to act on my behalf and take all actions necessary for the processing, issuance and acceptance of a permit or certification and any and all associated standard and special conditions. This notification supersedes any previous correspondence concerning the agent for this project. PARCEL INFORMATION: Parcel Index Number(s) (PIN): 0652-65-9522, 0652-64-6574, 0652-65-0753, 0652-64-0308 & 0652-63- 6280 Site Address: Harnett Central Road City, County, State: Fuquay-Varina, Harnett County, NC APPLICANT INFORMATION: Name: Mattamv Homes. ILL Mailing Address: 1210 Trinity Road #102, Cary NC 27513 Telephone Number: (919) 902-0823 Email: michael.brown@mattamycorp.com Mattamy Homes, LLC Michael Brown 4.1.2021 Applicant (please print) Date Mike Brown=- w��ma;a,oy Applicant Signature We hereby certify the above information submitted in this application is true and accurate to the best of our knowledge, R] D ��I 1- N O oaLL.gRO_RD H � r - ch`fyp DRY CREEK RD WILBURN RD -ILIlei D CH65LEY N o a /� �� NC Centerfor.Geographic;ln�fo�mation &Analysis Project Number: Map Title: N 14001.W3 Figure 1 - USGS Map o 2,000 4,000 Project Manager: providence reek I � � � I � � � I Creek Feet Scale: Harnett County, NC 1 " = 2000' Source: Soil & Environmental Consultants, PA Date: 2019 NC Lillington Quad 8412 Fa11—fN—R-d, Suite 104, Redigh,NC27615•Phone:(919)846-5900•F—(919)846-946 10/25/2019 amde°°°m Fa B FaB / DoB ' - FaB - HaB \ CeD FaB DtB DoA Wh Ro ' Ra Ve.D DtB I q�3 l t[r r w FaB CeD HaB DoB DoB DoB LnB NeE Ro CeB LoF DtB DoA Wh NeE � � ' AtA NeE Wh CeDf DoB VeB f LnB DtB LnB NeE OrB CeD NoC NeE - ` DtB AtA CeD CeD DtB HaB CeD Bh LnB 1 - - Ln B D CeB Wh \ Pd ! Pd to - LnB � NeE ' NeE Ro Pd NeE , I V � NoB NoC O Au � � - - .--�_ DtB CeB DoB LnB w' Ro NeE \ NeE DoB _ Wh DtB �'`4`' AtA J / DoB _ ' NeE \NoB Ra �'`-•_ - — -�-.NC CenCer forGeographie�lnform tion &An lysis Project Number: Map Title: N 14001.W3 Figure 2 -Soil Survey o 1,000 2,000 Project Manager: providence Creek I � � � I I I I I DS Feet Scale: Harnett County, NC 1 " = 1000' • Source: Harnett County Soil Soil & Environmental Consultants, PA Date: 8412 Falls ofN.— Road, 6ui. 104, Raleigh, NC 27615 • Phove: (919) 846-5900 • Pas: (919) 846-9467 10/25/2019 Survey Sheet 5 de eem U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2019-00611 County: Harnett U.S.G.S. Quad: NC-Lillington GENERAL PERNHT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Mattamv Homes Bruce Herbert Address: 1210 Trinity Road, Suite 102 Cary, NC 27513 Telephone Number: 919.233.3886 E-mail: Bruce.Herbert(a,mattamvcorp.com Size (acres) 231 Nearest Town Fuuuav-Varina Nearest Waterway Neills Creek River Basin Cane Fear USGS HUC 03030004 Coordinates Latitude: 35.472022 Longitude:-78.808741 Location description: The project is located south and west of Harnett Central Road, east of Ballard Road, and north of Arlie Lane in Fuqua-Varina, Harnett County, NC. Description of projects area and activity: This verification authorizes the permanent filling of 271 linear feet of stream, the nermanent conversion of 0.36-acre of wetland, and temnorary imnacts to 0.18-acre of wetland and 149 linear feet of stream for the purpose of constructing a 374 single-family residential development, Providence Creek Subdivision, and associated infrastructure. Compensatory mitigation for the permanent loss of aquatic resources is required at a 2:1 ratio (412 linear feet of stream credits and 0.36-acre of riparian wetland credits) and will occur with NCDMS in the 03030004 HUC. 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 and NWT 12. Utilities 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 11/26/2019, and the enclosed plans Figures 1-7 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 919-807-6300) 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 in Wilmington, NC, at (910) 796-7215. 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 Emily Greer at 910.251.4567or emilv.c.greer(&usace.armv.mil. GREER.EMILY.C.1385325300 Datealll02 signed f ds is 3E3i-0500'C.1385325300 Corps Regulatory Official: Date: 01/15/2020 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: Agent: S&EC Deborah Shirley E-mail: dshirley(&sandec.com Property Owner: Harnett Central Holdings, LLC Harvey Montague E-mail: handtmontagueOearthlink.net SAW-2019-00611 SPECIAL CONDITIONS 1. In order to compensate for impacts associated with this permit, mitigation shall be provided in accordance with the provisions outlined on the most recent version of the attached Compensatory Mitigation Responsibility Transfer Form. The requirements of this form, including any special conditions listed on this form, are hereby incorporated as special conditions of this permit authorization. Compensatory mitigation shall occur at a 2:1 ratio with NC DMS in the 03030004 HUC for a total of 0.36-acre of riparian wetland credits and 412 linear feet of stream credits. ROY COOPER Governor MICHAEL S. REGAN Sead-y TIM BAUMGARTNER Mee -tor Bruce Herbert Mattamy Homes 1210 Trinity Road, Suite 102 Cary, NC 27513 Project: Providence Creek SD NORTH CAROLINA Environmental Quality November 22, 2019 Expiration of Acceptance: 5/22/2020 County: Harnett The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to accept payment for compensatory mitigation for impacts associated with the above referenced project as indicated in the table below. Please note that this decision does not assure that participation in the DMS in - lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will be approved. You must also comply with all other state, federal or local government permits, regulations or authorizations associated with the proposed activity including G.S. § 143-214.11. This acceptance is valid for six months from the date of this letter and is not transferable. If we have not received a copy of the issued 404 Permit/401 Certification within this time frame, this acceptance will expire. It is the applicant's responsibility to send copies of the permits to DMS. Once DMS receives a copy of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the in -lieu fee to be paid by an applicant is calculated based upon the Fee Schedule and policies listed on the DMS website. Based on the information supplied by you in your request to use the DMS, the impacts for which you are requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation required and assigned to DMS for this impact is determined by permitting agencies and may exceed the impact amounts shown below. River Basin Impact Location 8-di it HUC Impact Type Impact Quantity Cape Fear 03030004 Warm Stream 412 Cape Fear 03030004 Riparian Wetland 0.36 Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The mitigation will be performed in accordance with the In -Lieu Fee Program instrument dated July 28, 2010 and 15A NCAC 02B .0295 as applicable. Thank you for your interest in the DMS in -lieu fee mitigation program. If you have any questions or need additional information, please contact Kelly Williams at (919) 707-8915. cc: Debbie E. Shirley, agent ro a.,f ,IE®r.e�.rerar� Sincerely, 564w, �--r V Ja e B Stanfill Asse Management Supervisor North Carolina Department of Enwromnental Quality I Division of Mitigation Services 217 W. Jones Street 11652 Mail Service Center I Raleigh, North Carolina 27699-16S2 919.707.8976 Compensatory Mitigation Responsibility Transfer Form Permittee: Mattamy Homes, Bruce Herbert Action ID: SAW-2019-00611 Project Name: Providence Creek Subdivision_1370 Ballard Road —Harnett County: Harnett Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved Mitigation Bank or the North Carolina Division of Mitigation Services (NCDMS), who will then sign the form to verify the transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee's responsibility to ensure that to the U.S. Army Corps of Engineers (USACE) Project Manager identified on page two is in receipt of a signed copy of this form before conducting authorized impacts, unless otherwise specified below. If more than one mitigation Sponsor will be used to provide the mitigation associated with the permit, or if the impacts and/or the mitigation will occur in more than one 8-digit Hydrologic Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms for each Sponsor and/or HUC must be provided to the appropriate mitigation Sponsors. Instructions to Sponsor: The Sponsor must verify that the mitigation requirements (credits) shown below are available at the identified site. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of whether or not they have received payment from the Permittee. Once the form is signed, the Sponsor must update the bank ledger and provide a copy of the signed form and the updated bank ledger to the Permittee, the USACE Project Manager, and the Wilmington District Mitigation Office (see contact information on page 2). The Sponsor must also comply with all reporting requirements established in their authorizing instrument. Permitted Impacts and Compensatory Mitigation Requirements: Permitted Impacts Requiring Mitigation* 8-digit HUC and Basin: 03030004, Cape Fear River Basin Stream Impacts (linear feet) Wetland Impacts (acres) Warm Cool Cold Riparian Riverine FRiparian Non-Riverine Non -Riparian Coastal 206 0.18 *If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor. Compensatory Mitigation Requirements: 8-digit HUC and Basin: 03030004, Cape Fear River Basin Stream Mitigation (credits) Wetland Mitigation (credits) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non -Riparian Coastal 412 0.36 Mitigation Site Debited: NC DMS HUC 03030004 (List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCDMS, list NCDMS. If the NCDMS acceptance letter identifies a specific site, also list the specific site to be debited). Section to be completed by the Mitigation Sponsor Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action ID number shown. I also verify that released credits (and/or advance credits for NCDMS), as approved by the USACE, are currently available at the mitigation site identified above. Further, I understand that if the Sponsor fails to provide the required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to ensure compliance associated with the mitigation requirements. Mitigation Sponsor Name: Name of Sponsor's Authorized Representative: Signature of Sponsor's Authorized Representative Date of Signature Conditions for Transfer of Compensatory Mitigation Credit: • Once this document has been signed by the Mitigation Sponsor and the USACE is in receipt of the signed form, the Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains responsible for any other mitigation requirements stated in the permit conditions. • Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only after the USACE is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein. For authorized impacts conducted by the North Carolina Department of Transportation (NCDOT), construction within jurisdictional areas may proceed upon permit issuance; however, a copy of this form signed by the Sponsor must be provided to the USACE within 30 days of permit issuance. NCDOT remains fully responsible for the mitigation until the USACE has received this form, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein. • Signed copies of this document must be retained by the Permittee, Mitigation Sponsor, and in the USACE administrative records for both the permit and the Bank/ILF Instrument. It is the Permittee's responsibility to ensure that the USACE Project Manager (address below) is provided with a signed copy of this form. • If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to the USACE, the Sponsor must obtain case -by -case approval from the USACE Project Manager and/or North Carolina Interagency Review Team (NCIRT). If approved, higher mitigation ratios maybe applied, as per current District guidance and a new version of this form must be completed and included in the USACE administrative records for both the permit and the Bank/ILF Instrument. Comments/Additional Conditions: A letter from NC DMS confirming they are willing and able to accept the applicant's compensatory mitigation responsibility, dated 11/22/2019 was included with the preconstruction notification. This form is not valid unless signed below by the USACE Project Manager and by the Mitigation Sponsor on Page 1. Once signed, the Sponsor should provide copies of this form along with an updated bank ledger to:1) the Permittee, 2) the USACE Project Manager at the address below, and 3) the Wilmington District Mitigation Office, Attn: Todd Tugwell, 11405 Falls of Neuse Road, Wake Forest, NC27587 (email: todd.tugwell@usace.army. mil). Questions regarding this form or any of the permit conditions may be directed to the USACE Project Manager below. USACE Project Manager: Emily Greer USACE Field Office: Wilmington Regulatory Office US Army Corps of Engineers 69 Darlington Avenue Wilmington, North Carolina 28403 Email: emily.c.greer@usace.army.mil GREER.EMILY.C.13853253 Digitally signed by G RE ER.EM I LY.C.1385325300 00 Date: 2020.01.15 15:44:03-05'00' USACE Project Manager Signature 01/15/2020 Date of Signature Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and mitigation bank location and availability, and credit classifications (including stream temperature and wetland groupings) is available at http://ribits.usace.army.mil Action ID Number: SAW-2019-00611 County: Harnett Permittee: Mattamy Homes, Bruce Herbert Project Name: Providence Creek Subdivision 1370 Ballard Road Harnett Date Verification Issued: 01/15/2020 Project Manager: Emily Greer 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: Emily Greer Wilmington Regulatory Office U.S Army Corps of Engineers 69 Darlington Avenue Wilmington, North Carolina 28403 or emily.c.greer@usace.army.mil 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 IIII%�loq// 1I// � o 00 18� w��� ll/��i�// i %%/ mm°� poro-Ow�—, z.I /'a r/j—/�/�/j//lij ���_ ��\VAA /j///�//� u w I// Jli r \� IIII l - P £� e .IIII 1 ////I/IIIj1%%� I�J�II�II/�1�111( 1/ / �V 11�iilhl \ � � E �f1. `���;`i/i /IIII _ �h1�11111111 V I�� a 7 ja ����� \ lllr/ /�/ ////myEQ i/���, / / l 1� ❑ �( n z w II�III f11111�1j��1 / . m ❑ ll w l I l �I ; / //��lo ¢'` LU in i � � � /�" /��//�i�o�A1 IIII//j//;��_�/ p, /❑-� h_.`� �)llj � U u ... �I(� 1 �A J A �� ��VAVAVA� A�II III I I % � � \ v z ❑ , w . .., I�� w vIV�.�vyvvy�\I�� ����\v _� w( a I r sa w���T��Q\l��Al (] O /1 w I co z LL i/i��� . ZA �/ Ill¢/' r l ��oQ y:; ��\OVA ��IIII�11 w; co. A-- �:� ��I�1{� lV��/i/,mil %a (_ ❑ ® /—� iw awl\/aw// \ll\\ �_> > zr��\I(��I�oQ�Y> IoQ�/I1� `ll�I�� �\\y�l�I��IIII�I�Q�a��laz JLu AGJ/1� _/ 011�llol�Lu LU Oz wiQz i cc // w /ln�F�¢a,z����j—'� �� �V� wlw �U) W�0 LL m ❑ // ���� �� �— J\ A Q O o /� /tip -� �\\ ✓// ��/ ���\�� I \ \ y� H N rr�0 x f2, ROPOSED TEMPORARY WETLAND IMPAC — — EMPORARY STREAM IMPACT— — — / ROAD CONSTRUCTIO OAD CONSTRUCTION 109 S.F. _ — — \ AREA: 65 S.F., LENGTH 33 LF \ 1 — ` — RETAINING WETLAND "P" — WALL (TYP) / NORTH AREA ERMANENT-NO PERMANENT LOSS STREAM IMPACT / OAD CONSTRUCTION / AREA: 58 S.F., LENGTH 31 LF EMPORARY STREAM IMPACT WETLAND „P„ \ \ — OAD CONSTRUCTION / SOUTH AREA / AREA: 32 S.F., LENGTH 25 LF ' PERMANENT STREAM IMPAC ROAD CONSTRUCTION — — — _ AREA: 170 S.F., LENGTH 93 LF 28' x 11' x 2' / DISSIPATER PAD \ \ \ \ \ \\ \ \ \ 1 _ (1) 42" RCP CULVERT EMBEDDE CLASS B RIPRAP / � KEYED -IN AT EX. 1' BELOW STREAMBED STREAMBED \ \ \ \ \ 11 \ 1 ` STREAM "F" ELEVATION II _ — — \ LIMITS OF I I , — — — — — DISTURBANCE ---- ? \ (TYP) I�J \ \ I I 30' HARNETT COUNTY `I / / X RIPARIAN BUFFER (TYP) I / ZI/ Scale: 1 "=50' v�MCIQM&CREED IMPACT 1 1730 Varsity Drive, Suite 500 FIGURE 3 Raleigh, North Carolina 27606 Date: O: 919.233.8091 F: 919.233.8031 Providence Creek Subdivision Nov., 2019 \I 0' HARNETT COUNTY I — RIPARIAN BUFFER (TYP) �C \ STREAM "\ I I EMPORARY STREAM IMPACT I CAD CONSTRUCTION I AREA: 58 S.F., LENGTH 23 LF I I I 1 1) 48" RCP CULVERT EMBEDDED 1BELOW STREAMBED 1 \ \ \ (1) 36" RCP CULVERT o RETAINING \ \ WALL (TYP) \ \ ERMANENT-NO PERMANENT LOS \ \ TREAM IMPACT \ \ \ CAD CONSTRUCTION 1 \ \ \ \ \ \ AREA: 68 S.F., LENGTH 34 LF \ \ IMPA PERMANENT STREAM IMPAC / EMPORARY STREAM IMPAC ROAD CONSTRUCTIO / CAD CONSTRUCTION � �2 / AREA: 229 S.F., LENGTH 113 LF AREA: 33 S.F., LENGTH 38 LF / A \ 32' x 24' x 2' STREAM "H" \` DISSIPATER PAD / \ \ G61 ✓ / % I CLASS B RIPRAP LIMITS OF < \ V�- / KEYED -IN AT EX. DISTURBANCE \ \ I STREAMBED / (TYP) `P) I / STREAM "F" 1 \ \ \ TEMPORARY STREAM IMPAC \ \ \ ANITARY SEWER INSTALLATIO I I I \ \ "XI \ AREA: 109 S.F., LENGTH 30 LF \ \\ID\ SS _j 120' PUBLIC I UTILITY EASPeNT LIMITS OF DISTURBANCE STREAM "F" (TYP) 0' HARNETT COUNTY \ ` RIPARIAN BUFFER (TYP) \ Scale: 1"=C(1� v�MCIQM&CREED IMPACT 2 & 3 1730 Varsity Drive, Suite 500 FIGURE 4 0 60 Raleigh, North Carolina 27606 Date: O: 919.233.8091 F: 919.233.8031 Providence Creek Subdivision Nov., 2019 i WETLAND "G" / AREA 2 i / ?O' PUBLIC i W UTILITY EASEMENT i / ROPOSED TEMPORARY WETLAND IMPAC Oe ANITARY SEWER INSTALLATION IMPAC 2,762 S.F. ROPOSED PERMANENT -NO PERMANEN W W LOSS WETLAND IMPAC SANITARY SEWER INSTALLATION 11,081 S.F. / PROPOSED ROPOSED TEMPORARY WETLAND IMPAC SANITARY SEWER INSTALLATIO W 12" GRA t/lTY SANITARY / 2,779 S.F. wwwwwom SEWER OUTFALL APPROXIMATE 100 EAfi' FLDOD LIMIT WETLAND "G" W W AREA 2 W W W (W W W LIMITS OF W W W DISTURBANCE a \ (TYP) \ C EXISTING 42" GRA lil TY SANITARY SEWER `��:a\ \ OUTFALL JO' RIPARIAN y W W W _ �►\ BUFFER_(TYP�" _ €) 40' PUBLIC \ ,URLITY ,EASEMENT (TyP.) / a Scale: 1"=60' 49$�MCIQM&CREED IMPACT 4 1730 Varsity Drive, Suite 500 FIGURE 5 Raleigh, North Carolina 27606 Date: O: 919.233.8091 F: 919.233.8031 Providence Creek Subdivision Nov., 2019 EX. 40' PUBLIC UTILI T,Y EASEMENT (\ l/ / // / WETLAND"G" --/-- AREA 1 EXISTING 42" GRA V1 TY — SSE% SANITARY SEWER \ \ \ I ss OUTFALL, PROPOSED \ 8" GRAVITY SANITARY, / / � / / 3I1" PUBLIC l SEWER/ OUTFALL / // I/ �NLITY EA STREAM STREAM "E" ti / LIMITS OF DISTURBANCE - (Typ' ROPOSED TEMPORARY WETLAND IMPAC SANITARY SEWER INSTALLATION / \ 263 S.F. ROPOSED PERMANENT -NO PERMANEN LOSS WETLAND IMPAC / SANITARY SEWER INSTALLATIO 1,367 S.F. / / / / EXISTING 42" GRAVITY ' \ ROPOSED TEMPORARY WETLAND IMPAC / SANITARY SEWER 1 I SANITARY SEWER INSTALLATIO / OUTFALL 1 I 200 S.F. / I WETLAND "G" EX. 40' PUBLIC — \�'� \ UTILITY EASEMENT AREA 1 � \ � Scale: 1"=50' v,MCIQM&CREED IMPACT 5 7Fj1 1730 Varsity Drive, Suite 500 FIGURE 6 Raleigh, North Carolina 27606 Date: O: 919.233.8091 F: 919.233.8031 Providence Creek Subdivision Nov., 2019 20' PUBLIC UTILITY EASEMENT ®� PROPOSED �I 8" GRAVITY SANITARY SEWER OUTFALL I LIMITS OF I DISTURBANCE (TYP) ROPOSED TEMPORARY WETLAND IMPACT\ SANITARY SEWER INSTALLATION IMPA 926 S.F. ROPOSED PERMANENT -NO PERMANEN \ LOSS WETLAND IMPAC SANITARY SEWER INSTALLATIO - \ 3,358 S.F. WETLAND "D" \ ROPOSED TEMPORARY WETLAND III MPACT / SANITARY SEWER INSTALLATIO I AREA 2 766 S.F.]/ / ✓ EXISTING 42" GRAVITY SANITARY SEWER WETLAND "D" , _ \ y\ OUTFALL AREA 2 �ek EX. 40' PUBLIC FUTILITY EASEMENT ss \ ss � &TREAM "B" (NEILL'S CREEK) Scale: 1"=50' v�MCIQM&CREED IMPACT 6 1730 Varsity Drive, Suite 500 FIGURE 7 Raleigh, North Carolina 27606 Date: O: 919.233.8091 F: 919.233.8031 Providence Creek Subdivision Nov., 2019 Creek) - PJD or No JD UPPER 11000092, Required PERENNIAL 11000092 WD Delineation Only PFO- 35.460749,-78.806404 11000092, - PJD or No JD PALUSTRINE, 11000092 Required FORESTED WG Delineation Only PFO- 35.467464,-78.80637 11000092, - PJD or No JD PALUSTRINE, 11000092, Required FORESTED 11000092, 11000092 WP Delineation Only PFO- 35.470264,-78.811786 11000092 - PJD or No JD PALUSTRINE, Required FORESTED Internal Coordination No Data Found Compensatory Mitigation Required (CMR)? Permittee Responsible Mitigation (PRM)? IYes INo 111000092 1 Mitiaation includina Tvoe. Units of Measure (UOM) and Amounts Permit ID Type Perm Resp Dimension Proposed Required Purchased 11000092 In -Lieu Fee Acre Based .36 .36 11000092 In -Lieu Fee Linear Feet Based 412 412 Aquatic Resource(s) associated with Mitigation No Data Found Evaluation Checklist Responses for: Endangered Species Act (ESA) Type Decision I Permit IDs ESA Coordination No Resources Present 111000092 Essential Fish Habitat (EFH) Type I Decision I Permit IDs EFH Coordination I No Resources Present 111000092 Section 106 of the NHPA Type Decision I Permit IDs Section 106 of the NHPA [Coordination/Consultation ot Required 11000092 Tribal Consultation(s) Type Decision I Permit IDs Tribal Coordination/Consultation Not Required 11000092 Wild & Scenic River Type Decision Permit IDs Wild & Scenic River No Resources Present 111000092 Water Quality Certification (WQC) Type I Decision I Permit IDs WQC I Required 111000092 Coastal Zone Management Consistency Concurrence (CZM) Type Decision F Permit IDs CZM I Not Reauired 111000092 Recapture Provision Type I Decision Permit IDs Recapture Provision I Does Not Apply 111000092 Subactions Added: ESA Consultation(s) No Data Found EFH Consultation(s) No Data Found Section 106 of the NHPA Consultation(s) No Data Found Tribal Consultation(s) No Data Found 408 Review Required? NATIONWIDE PERMIT 12 DEPARTMENT OF THE ARMY CORPS OF ENGINEERS FINAL NOTICE OF ISSUANCE AND MODIFICATION OF NATIONWIDE PERMITS FEDERAL REGISTER AUTHORIZED MARCH 19, 2017 Utility Line Activities. Activities required for the construction, maintenance, repair, and removal of utility lines and associated facilities in waters of the United States, provided the activity does not result in the loss of greater than 1/2-acre of waters of the United States for each single and complete project. Utility lines: This NWP authorizes discharges of dredged or fill material into waters of the United States and structures or work in navigable waters for crossings of those waters associated with the construction, maintenance, or repair of utility lines, including outfall and intake structures. There must be no change in pre -construction contours of waters of the United States. A "utility line" is defined as any pipe or pipeline for the transportation of any gaseous, liquid, liquescent, or slurry substance, for any purpose, and any cable, line, or wire for the transmission for any purpose of electrical energy, telephone, and telegraph messages, and internet, radio, and television communication. The term "utility line" does not include activities that drain a water of the United States, such as drainage tile or french drains, but it does apply to pipes conveying drainage from another area. Material resulting from trench excavation may be temporarily sidecast into waters of the United States for no more than three months, provided the material is not placed in such a manner that it is dispersed by currents or other forces. The district engineer may extend the period of temporary side casting for no more than a total of 180 days, where appropriate. In wetlands, the top 6 to 12 inches of the trench should normally be backfilled with topsoil from the trench. The trench cannot be constructed or backfilled in such a manner as to drain waters of the United States (e.g., backfilling with extensive gravel layers, creating a french drain effect). Any exposed slopes and stream banks must be stabilized immediately upon completion of the utility line crossing of each waterbody. Utility line substations: This NWP authorizes the construction, maintenance, or expansion of substation facilities associated with a power line or utility line in non -tidal waters of the United States, provided the activity, in combination with all other activities included in one single and complete project, does not result in the loss of greater than 1/2-acre of waters of the United States. This NWP does not authorize discharges into non -tidal wetlands adjacent to tidal waters of the United States to construct, maintain, or expand substation facilities. Foundations for overhead utility line towers, poles, and anchors: This NWP authorizes the construction or maintenance of foundations for overhead utility line towers, poles, and anchors in all waters of the United States, provided the foundations are the minimum size necessary and separate footings for each tower leg (rather than a larger single pad) are used where feasible. 1 located in a red HUC, but the activity will NOT include: tree clearing/removal; construction/installation of wind turbines; bridge removal or maintenance, unless the bridge has been inspected and there is no evidence of bat use, and/or; aM percussive activities. B. Procedures when the USACE is not the lead federal agency: For projects where another federal agency is the lead federal agency - if that other federal agency has completed project -specific ESA Section 7(a)(2) consultation for the NLEB, and has (1) determined that the project would not cause prohibited incidental take of the NLEB, and (2) completed coordination/consultation that is required by the USFWS (per the directions on the respective USFWS office's website), that project may proceed without notification to either the USACE or the USFWS, provided all General and Regional Permit Conditions are met. The NLEB SLOPES can be viewed on the USACE website at the following World Wide Web Page: http://www.saw.usace.anny.mil/Missions/Regulatory-Permit-Pro rg am/Agency- Coordination/ESA/. Permittees who do not have internet access may contact the USACE at (910) 251- 4633. 3.14 Work on Eastern Band of Cherokee Indians Land All PCNs submitted for activities in waters of the United States on Eastern Band of Cherokee Indians (EBCI) trust land (i.e., Qualla Boundary and non-contiguous tracts of trust land), must comply with the requirements of the latest MOU between the Wilmington District and the Eastern Band of Cherokee Indians. 4.0 Additional Regional Conditions for Specific Nationwide Permits 4.1 NWP #12 - Utility Line Activities 4.1.1 Pipeline/utility line construction through jurisdictional waters and wetlands will be accomplished utilizing directional drilling/boring methods to the maximum extent practicable. 4.1.2 Temporary discharge of excavated or fill material into wetlands and waters of the United States will be for the absolute minimum period of time necessary to accomplish the work. Temporary discharges will be fully contained with appropriate erosion control or containment methods or otherwise such fills will consist of non -erodible materials. 4.1.3 The work area authorized by this permit, including temporary and/or permanent fills, will be minimized to the greatest extent practicable. Justification for work corridors exceeding forty (40) feet in width is required and will be based on pipeline diameter and length, size of equipment required to construct the utility line, and other construction information deemed necessary to support the request. The permittee is required to provide this information to the Corps with the initial notification package. 9M 4.1.4 Excavated materials shall be returned to the excavated areas and any remaining materials shall be disposed of in uplands, unless the Corps authorizes disposal in waters of the United States. 4.1.5 In areas where a sub -aqueous utility line is to cross a federally -maintained channel, (i.e., the Atlantic Intracoastal Waterway [AIWW]), the line will be buried at least six (6) feet below the allowable overdepth of the authorized channel, including all side slopes. For areas outside federally -maintained channels, sub -aqueous lines must be installed at a minimum depth of two (2) feet below the substrate when such lines might interfere with navigation. 4.1.6 The minimum clearance*(see NOTE in 4.1.7) for aerial communication lines, or any lines not transmitting electrical power, will be ten (10) feet above the clearance required for nearby stationary bridges as established by the U.S. Coast Guard. In the event the U.S. Coast Guard has not established a bridge clearance, minimum vertical clearances for power and aerial lines will not be less than required by Section 23, Rule 232, of the latest revision of the National Electrical Safety Code (ANSI C2). Clearances will not be less than shown in Table 232-1, Item 7, ANSI C2. 4.1.7 The minimum clearance* for an aerial line, transmitting electrical power, is based on the low point of the line under conditions that produce the greatest sag, taking into consideration temperature, load, wind, length or span and the type of supports. The minimum clearance for an aerial electrical power transmission line crossing navigable waters of the United States, where there is an established bridge clearance established by the U.S. Coast Guard, shall be governed by the system voltage, as indicated below: Nominal System Minimum Clearance Voltage, kilovolt Above Bridge Clearance (As Established by the U.S. Coast Guard) 115 and below 20 feet 138 22 161 24 230 26 350 30 500 35 700 42 750 to 765 45 *NOTE: Minimum clearance is the distance measured between the lowest point of a stationary bridge, including gny infrastructure attached to underside of the bridge, and the Mean High Water (MHW) of the navigable waters of the United States beneath the bridge. 4.1.8 On navigable waters of the United States, including all federal navigation projects, where there is no bridge for reference for minimum clearance, the proposed project will need to be reviewed by the Corps in order to determine the minimum clearance between the line and MHW necessary to protect navigational interests. 37 4.1.9 A plan to restore and re -vegetate wetland areas cleared for construction must be submitted with the required PCN. Cleared wetland areas shall be re -vegetated to the maximum extent practicable with native species of canopy, shrub, and herbaceous species. Fescue grass shall not be used. 4.1.10 Any permanently maintained corridor along the utility right of way within forested wetlands shall be considered a permanent impact. A compensatory mitigation plan will be required for all such impacts associated with the requested activity if the activity requires PCN and the cumulative total of permanent forested wetland impacts exceeds 1/10-acre, unless the District Engineer determines in writing that either some other form of mitigation would be more environmentally appropriate or the adverse effects of the proposed activity are minimal. For permanent forested wetland impacts of 1/10-acre or less, the District Engineer may determine, on a case -by -case basis, that compensatory mitigation is required to ensure that the activity results in minimal adverse effects on the aquatic environment. 4.1.11 Use of rip -rap or any other engineered structures to stabilize a stream bed should be avoided to the maximum extent practicable. If riprap stabilization is needed, it should be placed only on the stream banks, or, if it is necessary to be placed in the stream bed, the finished top elevation of the riprap should not exceed that of the original stream bed. 4.1.12 When directional boring or horizontal directional drilling (HDD) under waters of the United States, including wetlands, permittees shall closely monitor the project for hydraulic fracturing or "fracking." Any discharge from hydraulic fracturing or "fracking" into waters of the United States, including wetlands, shall be reported to the appropriate Corps Regulatory Field Office within 48 hours. Restoration and/or compensatory mitigation may be required as a result of any unintended discharges. 4.1.13 For purposes of this NWP, the term utility line does not include pipes or culverts associated with driveways, roadways, lots, etc. 4.1.14 The permittee shall submit a PCN to the District Engineer prior to commencing the activity if the activity will involve the discharge of dredged or fill material into more than 1/10- acre of wetlands or 150 linear feet of stream channel for the construction of temporary access fills and/or temporary road crossings. The PCN must include a restoration plan that thoroughly describes how all temporary fills will be removed, describes how pre -project conditions will be restored, and includes a timetable for all restoration activities. c: NATIONWIDE PERMIT 29 DEPARTMENT OF THE ARMY CORPS OF ENGINEERS FINAL NOTICE OF ISSUANCE AND MODIFICATION OF NATIONWIDE PERMITS FEDERAL REGISTER AUTHORIZED MARCH 19, 2017 Residential Developments. Discharges of dredged or fill material into non- tidal waters of the United States for the construction or expansion of a single residence, a multiple unit residential development, or a residential subdivision. This NWP authorizes the construction of building foundations and building pads and attendant features that are necessary for the use of the residence or residential development. Attendant features may include but are not limited to roads, parking lots, garages, yards, utility lines, storm water management facilities, septic fields, and recreation facilities such as playgrounds, playing fields, and golf courses (provided the golf course is an integral part of the residential development). The discharge must not cause the loss of greater than 1/2-acre of non -tidal waters of the United States. The discharge must not cause the loss of more than 300 linear feet of stream bed, unless for intermittent and ephemeral stream beds the district engineer waives the 300 linear foot limit by making a written determination concluding that the discharge will result in no more than minimal adverse environmental effects. This NWP does not authorize discharges into non -tidal wetlands adjacent to tidal waters. The loss of stream bed plus any other losses of jurisdictional wetlands and waters caused by the NWP activity cannot exceed 1/2-acre. Subdivisions: For residential subdivisions, the aggregate total loss of waters of United States authorized by this NWP cannot exceed 1/2-acre. This includes any loss of waters of the United States associated with development of individual subdivision lots. Notification: The permittee must submit a pre -construction notification to the district engineer prior to commencing the activity. (See general condition 32.) (Authorities: Sections 10 and 404) located in a red HUC, but the activity will NOT include: tree clearing/removal; construction/installation of wind turbines; bridge removal or maintenance, unless the bridge has been inspected and there is no evidence of bat use, and/or; aM percussive activities. B. Procedures when the USACE is not the lead federal agency: For projects where another federal agency is the lead federal agency - if that other federal agency has completed project -specific ESA Section 7(a)(2) consultation for the NLEB, and has (1) determined that the project would not cause prohibited incidental take of the NLEB, and (2) completed coordination/consultation that is required by the USFWS (per the directions on the respective USFWS office's website), that project may proceed without notification to either the USACE or the USFWS, provided all General and Regional Permit Conditions are met. The NLEB SLOPES can be viewed on the USACE website at the following World Wide Web Page: http://www.saw.usace.anny.mil/Missions/Regulatory-Permit-Pro rg am/Agency- Coordination/ESA/. Permittees who do not have internet access may contact the USACE at (910) 251- 4633. 3.14 Work on Eastern Band of Cherokee Indians Land All PCNs submitted for activities in waters of the United States on Eastern Band of Cherokee Indians (EBCI) trust land (i.e., Qualla Boundary and non-contiguous tracts of trust land), must comply with the requirements of the latest MOU between the Wilmington District and the Eastern Band of Cherokee Indians. 4.0 Additional Regional Conditions for Specific Nationwide Permits 4.1 NWP #29 - Residential Developments. 4.1.1 Discharges in perennial streams, intermittent streams and wetlands for stormwater management facilities are prohibited under this NWP. 4.1.2 Single-family recreational facilities are not authorized by this NWP. Recreational facilities that are incorporated into the residential development plan and will serve the residents of the entire development can be authorized by this NWP. 4.1.3 Discharges of dredged or fill material into waters of the United States, including wetlands, within the floodway* resulting in permanent above -grade fills are not authorized by this NWP. *NOTE: Floodway means the area designated and/or regulated by Federal, state, or local requirements to provide for the discharge of the base flood so the cumulative increase in water surface elevation is no more than a designated height identified by the regulating entity within the 100-year floodplain. 9M 4.1.4 Discharges of dredged or fill material into waters of the United States, including wetlands, within the mapped FEMA 100-year floodplain resulting in permanent above -grade fills are not authorized by this NWP. 4.1.5 This NWP may not be used to authorize discharges of dredged or fill material into waters of the United States that have been identified or designated by the State of North Carolina as: High Quality Waters (HQW), including only SA, PNA, WS-I and WS-II waters. Coastal Wetlands as defined by North Carolina's Coastal Area Management Act. Wetlands adjacent to SA, PNA, WS-1 and/or WS-II waters. *NOTE: Definitions of HQW, SA, PNA, WS-I, WS-II waters and Coastal Wetlands can be found in the North Carolina State Administrative Code, Title 15A, Subchapters 2B and IOC (15A NCAC 02B, 15A NCAC IOC) and at the following World Wide Web page: http://reports. oah.state.nc.us/ncac.asp?folderName=\Title%2015A%20- %20Environmental%20Qualily&lookUpError=l5A%20NCAC%20000%20. Surface water classifications for waters in North Carolina can be viewed at the North Carolina Division of Water Resources website or at the following link: https://deg.nc.gov/about/divisions/water- resources/planning/classification-standards/classifications. Permittees who do not have internet access may contact the Corps at (910) 251- 4633. 4.1.6 If riprap stabilization is needed, it should be placed only on the stream banks, or, if it is necessary to be placed in the stream bed, the finished top elevation of the riprap should not exceed that of the original stream bed. 4.1.7 Utility lines authorized by this NWP shall comply with the terms and conditions, including regional conditions, of NWP 12. 35 ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER Director Mattamy Homes Attn: Bruce Herbert 1210 Trinity Road, Suite 102 Cary, NC 27513 NORTH CAROLINA Environmental Quality January 17, 2020 DWR # 19-1631 Harnett County Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Providence Creek Subdivision Dear Mr. Herbert: You have our approval for the impacts listed below for the purpose described in your application dated November 26, 2019, received by the Division of Water Resources (Division) November 26, 2019 and payment received on December 2, 2019. These impacts are covered by the attached Water Quality General Certification Number(s) 4133 and 4139 and the conditions listed below. This certification is associated with the use of Nationwide Permit Number(s) 12 and 29 once they are 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: 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)]. --�-- North Carolina Department of Environmental Qualify Division of Water Resources Fayetteville Regional Office 1 225 Green Street, Suite 714 Fayetteville, North Carolina 28301 910.4333300 Type of Impact Amount Approved Amount Approved (units) (units) Permanent Temporary Wetland Impact W-10 (acres) 0.003 (acres) Road Crossing - Construction Wetland Impact W-1 0.254 (acres) (acres) Sanitary Sewer (Conversion only — no permanent fill) Wetland Impact W-2 and (acres) 0.127 (acres) W-3 Sanitary Sewer — Temporary Construction Corridor Wetland Impact W-4 0.031 (acres) (acres) Sanitary Sewer (Conversion only — no permanent fill) Wetland Impact W-5 and (acres) 0.010 (acres) W-6 Sanitary Sewer — Temporary Construction Corridor Wetland Impact W-7 0.077 (acres) (acres) Sanitary Sewer (Conversion only — no permanent fill) Wetland Impact W-8 and (acres) 0.038 (acres) W-9 Sanitary Sewer — Temporary Construction Corridor Perennial Stream S-1A & (linear feet) _ 58 (linear feet) S1D Dewatering Perennial Stream S-113 93 (linear feet) (linear feet) Road Crossing Perennial Stream S-1C 31 (linear feet) (linear feet) (Dissipator Pad — no permanent loss) Perennial Stream S-2A & (linear feet) 61 (linear feet) S2D Dewatering Perennial Stream S-213 113 (linear feet) (linear feet) Road Crossing Perennial Stream S-2C 34 (linear feet) (linear feet) (Dissipator Pad — no permanent loss) Perennial Stream S-3 (linear feet) 30 (linear feet) Sanitary Sewer Crossing 2. 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 Providence Creek Subdivision 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 Fayetteville Regional Office any noncompliance with this certification, any violation of stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment impacts, and any violation of state regulated riparian buffer rules [15A NCAC 02B .0200]. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the applicant became aware of the circumstances. A written submission shall also be provided within 5 business days of the time the applicant becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its causes; the period of noncompliance, including exact dates and times, if the noncompliance has not been corrected, the anticipated time compliance is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The Division may waive the written submission requirement on a case - by -case basis. 5. Because stormwater management is being reviewed by Harnett County under the Water Supply Watershed Program and this review is being used to meet stormwater requirements on this project, you are required to submit a proof of the County's approval. This approval shall be submitted to Chonticha McDaniel of the DWR 401 and Buffer Permitting Branch at chonticha.mcdaniel@ncdenr.gov before any impacts authorized in this certification occur. 6. All wetlands, streams, surface waters, and riparian buffers located within 50 feet of the construction area on the project site shall be clearly marked (example- orange fabric fencing) prior to any land disturbing activities and must be maintained on the property until the project phase is completed. [15A NCAC 02H .0506 (b)(2) and (c)(2) and 15A NCAC 02H .0507 (c)]. This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] This Certification can be contested as provided in Articles 3 and 4 of 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 htt : �www.ncoah.comI or by calling the OAH Clerk's Office at (919) 431-3000 for information. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between B:OOam and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 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 Department of Environmental Quality: 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 Chad Turlington at 910-433-3320 or chad.turlington@ncdenr.gov if you have any questions or concerns. Sincerely, Docu Signedby�� )'R A� a -y zr' 5189C2D3DD5C42B... Trent Allen Regional Supervisor Division of Water Resources Water Quality Regional Operations Section Enclosures: GC4133 GC4139 Cc: Deborah Shirley — Soil & Environmental Consultants, PA - via email Emily Greer - USACE Wilmington Regulatory Field Office - via email FRO File ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER Director DWR Project No.: Applicant: Project Name: 'yam,_�� � `f5� �ZUAM Nib NORTH CAROLINA Environmental Quality County: Date of Issuance of 401 Water Quality Certification: Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to the DWR Central Office — Wetlands and Buffers Permitting Unit at 1650 Mail Service Center, Raleigh, NC 27699-1650. This form may be returned to DWR by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these. Applicant's Certification I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Agent's Certification Date: I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: If this project was designed by a Certified Professional I as a duly registered Professional (i.e., Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project, for the Permitee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Registration No. Date ms" North Carolina Departmentm of Environmental Quality Division of water Resources E Fayetteville Regional Office 225 Green Street, Suite 714 1 Fayetteville, North Carolina 28301 KA11 a „n-^,:ll.INA _ e oeaanmenc o�en�o�„remar o�ar� /�� 910.433.3300 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER RESOURCES WATER QUALITY GENERAL CERTIFICATION NO. 4133 GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR US ARMY CORPS OF ENGINEERS • NATIONWIDE PERMIT 12 (UTILITY LINE ACTIVITIES) Water Quality Certification Number 4133 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) (12) 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 a for Linda Culpepper Interim Director GC4133 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) Total permanent impacts to wetlands or open waters equal to or greater than one -tenth (1/10) acre within the entire utility project; or c) Any permanent impacts to streams; or d) Total temporary impacts to streams greater than 500 feet within the entire utility project; or e) Any stream relocation or stream restoration; or f) Any high -density utility line and associated facilities project, as defined in 15A NCAC 02H .1003(2)(a) and by the density thresholds specified in 15A NCAC 02H .1017, which: i. 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 program'. 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 g) 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 h) Any permanent impacts to coastal wetlands [15A NCAC 07H .0205], or Unique Wetlands (UWL); or i) 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 j) 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: i. The activities are listed as "EXEMPT" from these rules; or ii. A Buffer Authorization Certificate is issued by the NC Division of Coastal Management (DCM); or 1 e.g. Coastal Counties, HQW, ORW, or state -implemented Phase II NPDES 2 e.g. Delegated Phase 11 NPDES, Water Supply Watershed, Nutrient -Sensitive Waters, or Universal Stormwater Management Program Page 2of12 GC4133 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. All sewer lines shall be designed, constructed and maintained in accordance with Title 15A NCAC Chapter 02T. 2. Any utility construction corridor that is parallel to a stream or open water shall not be closer than 10 feet to the top of bank or ordinary high-water mark. Exceptions to this condition require application to and written approval from DWR. [15A NCAC 02H .0506 (b)(4) and (c)(4)] 3. Where there are temporary or permanent impacts from stream crossings, utility lines shall cross the stream channel at a near -perpendicular direction (i.e., between 75 degrees and 105 degrees to the stream bank). Exceptions to this condition require application to and written approval from DWR. [15A NCAC 02H .0506 (b)(2) and (c)(2)] 4. Construction corridors in wetlands and across stream channels shall be minimized to the maximum extent practicable and shall not exceed 50 feet wide for gas utility lines and 40 feet wide for all other utility lines. Exceptions to this condition require application to and written approval from DWR. [15A NCAC 02H .0506 (b)(2) and (c)(2)] For construction corridors in wetlands and across stream channels, stumps shall be grubbed only as needed to install the utility and remaining stumps shall be cut off at grade level. The general stripping of topsoil within wetlands along the construction corridor is not permitted. 5. Permanent maintained access corridors in wetlands and across stream channels shall be restricted to the minimum width practicable and shall not exceed 30 feet wide for gas utility lines and 20 feet wide for all other utility lines except at manhole locations. 15-foot by 15- foot perpendicular vehicle turnarounds shall be allowed in access corridors but must be spaced at least 500 feet apart. Exceptions to this condition require application to and written approval from DWR. [15A NCAC 02H .0506 (b)(2) and (c)(2)] 6. For all utility lines constructed within wetlands, an anti -seep collar shall be placed at the downstream (utility line gradient) wetland boundary and every 150 feet up the gradient until the utility exits the wetland. Anti -seep collars may be constructed with class B concrete, compacted clay, PVC pipe, or metal collars. Wetland crossings that are directionally drilled, and perpendicular wetland crossings that are open cut and less than 150 feet long do not require anti -seep collars. The compacted clay shall have a specific Page 3 of 12 GG4133 infiltration of 1 X 10-5 cm/sec or less. A section and plan view diagram is attached for the anti -seep collars. [15A NCAC 02H .0506 (b)(4) and (c)(4)] The following specifications shall apply to class B concrete: a. Minimum cement content, sacks per cubic yard with rounded coarse aggregate 5.0 b. Minimum cement content, sacks per cubic yard with angular coarse aggregate 5.5 c. Maximum water -cement ratio gallons per sack 6.8 d. Slump range 2" to 4" e. Minimum strength - 28-day psi 2,500 7. The applicant shall have a specific plan for restoring wetland contours. Any excess material will be removed to a high ground disposal area. [15A NCAC 02H .0506 (b)(2) and (c)(2)] The mixing of topsoil and subsoils within the wetlands along utility corridors shall be minimized to the greatest extent practical. During excavation, the soils shall be placed on fabric to minimize impacts whenever possible. Topsoil excavated from utility trenches will be piled separately from subsoils and will be backfilled into the trench only after the subsoils have been placed and compacted. 8. 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 utility line and associated facilities projects that trigger threshold Item (f) above shall comply with one of the following requirements: [15A NCAC 02H .0506(b)(5) and (c)(5)] 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 documentation (including calculations, photos, etc.) 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 .05021 Page 4 of 12 GC4133 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 .05021 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. 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 02B .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. Page 5 of 12 GC4133 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-li, High Quality Waters (HQW), or Outstanding Resource Waters (ORW), then the sedimentation and erosion control designs shall comply with the requirements set forth in 15A NCAC 04B .0124, Design Standards in Sensitive Watersheds. 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 026 .0201] 8. An NPDES Construction Stormwater Permit (NCG010000) is required for construction projects that disturb one (1) or more acres of land. The NCGO10000 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 046 .0125] Page 6 of 12 CC4133 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)] 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. Page 7 of 12 GC4133 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)] 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 02B .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)] Page 8 of 12 GC4133 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. 20. All mechanized equipment operated near surface waters shall be inspected and maintained regularly to prevent contamination of stream 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 026 .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)] Page 9 of 12 GG4133 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)] 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] Ill. 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). Page 10 of 12 GC4133 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. 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 4133 issued December 1, 2017 replaces WQC 4086 issued March 3, 2017; WQC 3884 issued March 19, 2012, WQC Number 3819 issued March 19, 2010, WQC Number 3699 issued November 1, 2007; WQC Number 3625 issued March 19, 2007, WQC Number 3374 issued March 18, 2002; WQC Number 3288 issued June 1, 2000; WQC Number 3101 issued February 11, 1997; WQC Number 3022 issued September 6, 1995, WQC Number 2664 issued January 21, 1992. Page 11 of 12 GC4133 ANTI -SEEP COLLAR Inches I I Utility Line I I {Diameter Varies) I 1 f t I I Class B Concrete or Compacted Clay L_ I t 6 inches "=r9nchVV1dth 6 inches Not to exceed 40 feet SECTION Class B Concrete or Compacted Clay 12 inches 6 inch qa.,,W-4_ fi inches PLAN Page 12 of 12 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 0 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: i. 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 programz. 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: i. The activities are listed as "EXEMPT" from these rules; or 1 e.g. Coastal Counties, HQW, ORW, or state -implemented Phase II NPDES z 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. 115A 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: 115A 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 GG4139 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 02B .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 04B .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 (NCGO10000) 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 02B .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 026.0211(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] Ill. 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 LAMA 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 3531 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 ROY COOPER Governor MICHAEL S. REGAN Secretary TIM BAUMGARTNER Director Bruce Herbert Mattamy Homes 2127 Ayrsley Town Blvd Suite 201 Charlotte, NC 28273 Project: Providence Creek SD County: Harnett 401 permit#: 2019-1631 404 permit#: 2019-00611 DMS ID#: MR-07401 Amount Paid: $235,386.44 Check Number: 00012305 NORTH CAROLINA Environmental Quality RECEIPT July 28, 2020 The NCDEQ Division of Mitigation Services (DMS) has received a check as indicated above as payment for the compensatory mitigation requirements of the 401 Water Quality Certification/Section 404 Permit(s) issued for the above -referenced project. This receipt serves as notification that your compensatory mitigation requirements assigned to DMS associated with the authorized activity as specified below have been satisfied. You must also comply with all other conditions of this certification and any other state, federal or local government permits or authorization associated with this activity including G.S. § 143-214.11. The DMS, by acceptance of this payment, acknowledges that the Division is responsible for the compensatory mitigation requirements indicated below associated with the project permit and agrees to provide the compensatory mitigation as specified in the permit. Mitigation responsibility assigned to the DMS is nontransferable. The mitigation will be performed in accordance with the In -Lieu Fee Program instrument dated July 28, 2010. Mitigation Location Mitigation Type Credits Cape Fear 03030004 Warm Stream 412 Cape Fear 03030004 Riparian Wetland 0.36 Refunds of payments made to NCDMS are only approved under certain conditions. All refund requests must be submitted in accordance with the Division's refund policy. If you have any questions or need additional information, please contact Kelly.Williams@ncdenr.gov. Sincerely, ) �� FOR Tim Baumgartner Director cc: Todd Tugwell, USACE - Raleigh; Emily Greer, USACE Debbie E. Shirley, agent NORTH CAROLN D E lv Department of Environmental nuali North Carolina Department of Environmental Quality I Division of Mitigation Services 217 W. Jones Street 1 1652 Mail Service Center I Raleigh, North Carolina 27699-1652 919.707.8976 j IIII%iloq// , 1I(/ / o 00 o 8 w l �/� �/ 111 /�;il// l Lu per/ �¢� / ❑:l /—i/ Ill�i Q //� /��,/�r,!'� vvvv vv le �� il( I vvI�I �IIIII// q l//irl/ir( (/ Jli r vv IIII l `o \ a (/( w❑ //p& z 1 t/ /w \JIm// §��(\A��l � „� \V�V l \V / ///��//Jl//l�l�)(�l>'�'�VA.� � �Illlll /�sxz✓ v � \V� �//// /� of/r/ �"jj /y PA, $,teee A / w _ �� / A \a —��/�l/�/ � / � ❑ r( ''�rll(I/ �,_� ;� z� �¢%//jII�IIIIII�II // U)edi ri v `ESa�/LL,LLI ❑ �.�\V���� wl / � y=��1�1/ r �- ( J �� „ � c� ❑,� ��aJ////�ii 111 l m l� R\ 5g, J)1' 11 1 I 111 l / a� W),i�/ice_v1A\ I �/�/i���= �i/ a / ❑ - � h _ .� \\1(// � U %R. �\ \\\\\\\\IIII() ( z ❑z� w / y 1l// Lii A ❑ 1 s / I 6 / LL / f / �rr/ / /1i'� / r% L) /t.. / J// ��� A//l ¢ �.:. z i� / // .. x..: �_ ')ll g21� IIIIIIOLU7Li _ V ),a I� I \'/�� �•.�I l �� 1VA Ong \ awrlV'�._ > > z r ���\IA �' �� �, /(�1 1 II f � � //jam � , ❑ � � _ / ❑ � �/ � s�o � / _ I \ (l� ❑�llll� \\\\�Illlwl��a l l(i�z¢/ low-IIllvvv��v 1 1 ��Wwow�\/�/%�/ \ chCL f— F >z _❑, ter— \ \:� -¢LU zLI ���,� � /ir \�� � ILL n r— - o a ra0 x NAVAMAM QVLAVAVAVAVA MAMAVAM MWWWWWAWA 14343*343*34 / • • • • • / • • • • • WETLAND IMPACTS - PERMANENT -NO PERMANENT LOSS AREA CLASSIFICATION SQUARE FOOTAGE W-1 SEWER INSTALL 11,081 W-4 SEWER INSTALL 1,367 W-7 SEWER INSTALL 3,358 TOTALI 15,8D6 WETLAND IMPACTS -TEMPORARY AREA CLASSIFICATION SQUARE FOOTAGE W-10 ROAD CONSTR s77 W-2 SEWER INSTALL 2,779 W-3 SEWER INSTALL 2,762 W-5 I SEWER INSTALL 200 W-6 SEWER INSTALL 263 W-8 SEWER INSTALL 766 W-9 SEWER INSTALL 926 REVISEDTOTAL 8,073 STREAM IMPACTS - PERMANENT AREA CLASSIFICATION SQUARE FOOTAGE LF S-1B ROAD CONSTR 260 138 S-2B ROAD CONSTR 223 110 REVISED TOTAL 248 STREAM IMPACTS - PERMANENT -NO PERMANENT LOSS AREA CLASSIFICATION SQUARE FOOTAGE LF S-1C ROAD CONSTR 28 S-2C ROAD CONSTR 24 REVISEDTOTAL 92 52 AREA CLASSIFICATION SQUARE FOOTAGE L S-1A ROAD CONSTR 25 13 S-2A ROAD CONSTR 60 23 S-11) ROAD CONSTR 10 9 S-21) ROAD CONSTR 30 15 S-3 SEWER INSTALL 109 30 REVISED TOTAL 234 90 SUMMARY OF IMPACT CHANGES WETLAND IMPACTS - PERMANENT -NO PERMANENT LOSS: No change WETLAND IMPACTS —TEMPORARY: Increased by 268 SF STREAM IMPACTS — PERMANENT: Increased by 84 SF / 42 LF STREAM IMPACTS - PERMANENT -NO PERMANENT LOSS: decreased by 34 SF / 13 LF STREAM IMPACTS —TEMPORARY: Decreased by 63 SF / 59 LF v,MCIQMCREED IMPACT SUMMARY TABLE 1730 Varsity Drive, Suite 500 REVISED Raleigh, North Carolina 27606 0:919.233.8091 F:919.233.8031 Providence Creek Subdivision Scale: N/A Date: Nov. 2019 Revision: 6/17/21 0' HARNETT COUNTY RIPARIAN BUFFER (TYP) - — — — _ EMPORARY STREAM IMPAC - — — — ROAD CONSTRUCTIO — — — AREA: 25 S.F., LENGTH 13 LF ROPOSED TEMPORARY WETLAND IMPAC — NCDOT STD. ROAD CONSTRUCTIO HEADWALL 377 S.F. _ \ / 1) 66" CMP CULVERT EMBEDDED TOP -OF -BANK. \ 1' BELOW STREAMBED — — ♦ _ NCDOT STD. WETLAND "P" ENDWALL / NORTH AREA — S,\ \ ERMANENT-NO PERMANENT LOSS TREAM IMPACT ROAD CONSTRUCTION �4 \ \ AREA: 45 S.F., LENGTH 28 LF TEMPORARY STREAM IMPAC f \ \ :ROAD CONSTRUCTION C� WETLAND "P" \ �% \ \ — AREA: 10 S.F., LENGTH 9 LF -Z _ \ SOUTH AREA ♦ \ �_ — / PERMANENT STREAM IMPAC -_ \ \ \ \ \ ` LIMITS OF / — - ROAD CONSTRUCTIO \ \ \ \ \ DISTURBANCE J — — — — _ AREA: 260 S.F., LENGTH 138 LF \ \ \ \ \ \ \\\ (TYP) 28'Lx11'Wx2' \ \ \ � \\\\\\ \ DISSIPATER PAD CLASS 1 RIPRAP STREAM "F'; KEYED -IN AT EX. STREAMBED— �_______ ELEVATION 30' HA RN�COUNTY II \ I TOP OF BANK RIPARIAN BUFFER (TYP) \ I , (TYP) / — ,j 1117 Scale: 1 "=50' v,M�IQMCREED IMPACT 1 - REVISED 1730 Varsity Drive, Suite 500 0 25 so Raleigh, North Carolina 27606 Date: Nov. 2019 0:919.233.8091 F:919.233.8031 Providence Creek Subdivision Revision: 6/17/21 0' HARNETT COUNTY \\ f RIPARIAN BUFFER (TYP) I TOP OF BAN (TYP) STREAM "H" TEMPORARY STREAM IMPAC I CAD CONSTRUCTION I I I 1 I ' AREA: 60 S.F., LENGTH 23 LF I I I \\ I 1 / �� ♦ 2) 48" RCP CULVERTEMBEDDED NCDOT STD. 1' BELOW STREAMBED \ HEADWALL G NCDOT STD. 1 ENDWALL ® \ ERMANENT-NO PERMANENT LOSS\ \ \ /STREAM IMPACT l / / \ OAD CONSTRUCTION / AREA: 47 S.F., LENGTH 24 LF PERMANENT STREAM IMPAC / ROAD CONSTRUCTIO EMPORARY STREAM IMPACT\ AREA: 223 S.F., LENGTH 110 LF / CAD CONSTRUCTION / / ♦ AREA: 30 S.F., LENGTH 15 LF ti / \ 24' x 17' x 2' _ STREAM "H" -A DISSIPATER PAD ♦ \ ✓ CLASS 1 RIPRAP — ♦ \ \ `J� C� KEYED -IN AT EX. ♦ �c3` �2� / / STREAMBED LIMITS OF �% • ELEVATION DISTURBANCE %\, (TYP) TOP OF BANK' .� G (TYP) STREAM "F" / TEMPORARY STREAM IMPAC \ \ \ ANITARY SEWER INSTALLATIO \ AREA: 109 S.F., LENGTH 30 LF -fte 30' PUBLIC / 7 I UTILITY EASPeNT LIMITS OF DISTURBANCE / STREAM "F" \ \ /• (TYP) `\ -- // / / — / I 0' HARNETT COUNTY \ RIPARIAN BUFFER (TYP) v IMPACT 2 REVISED Scale: 1"=60' v,N \4&CREED 1730 varsity Drive, Suite 500 & IMPACT 3 (NO CHANGE) 0 30 60 Raleigh, North Carolina 27606 Date: Nov. 2019 0:919.233.8091 F: 919 . 233.8031 Providence Creek Subdivision Revision: 6/17/21 o O H2 —j cr 04 z > j- 04 u) LLj OT cr uj 7 Tl [if 0 -j 5 0 U. 0 -...a mo LU Z Jdp + af 0+ 0— J < . 1119�� /o o� asbzz LLI Lf) Ld 0 CL R-H -61v ow P LL in L-L j Nw- I .0 0 u>j o D E 6a ME _j Io OWN rz--mro. scam m 8 m + 0 .0 Lf) Ld + uj o m —2- FE]�,R �2Ja C, I -Z -p! - �t 52 p! �Effi S 2-ON" O __j oilLU z U) 0U) QS " 2 c) C, .0 w Lu 0 ct N, ---- LL1, c —H < C, Of . . ....avas . 31. 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