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HomeMy WebLinkAboutWQ0043750_Application (FTSE)_20220824DWR Division of Water Resources State of North Carolina Department of Environmental Quality Division of Water Resources FAST TRACK SEWER SYSTEM EXTENSION APPLICATION FTA 06-21 & SUPPORTING DOCUMENTATION Application Number: WQl oa431C0 (to be completed by DWR) All items must be completed or the application will be returned 1. APPLICANT INFORMATION: 1. Applicant's name: CITY OF SANFORD (company, municipality, HOA, utility, etc.) 2. Applicant type: ❑ Individual ❑ Corporation ❑ General Partnership ❑ Privately -Owned Public Utility ❑ Federal ❑ State/County ® Municipal ❑ Other 3. Signature authority's name: Paul Weeks. PE per lSA NCAC O I..Q106(b). Title: CITY ENGINEER 4. Applicant's mailing address: PO BOX 3729 1 City: Sanford State: NC Zip: 27331-3729- 3D ZZ 5. Applicant's contact information: Vier +' Phone number: CIO 777-1119 Email Address: paul.weeks@sanfordnc.net II. PROJECT INFORMATION: 1. Project name: BRANTLEY PLACE PHASE 3 2. Application/Project status: ® Proposed (New Permit) ❑ Existing Permit/Project If a modification, provide the existing permit number: WQ00 and issued date: , For modifications, also attach a detailed narrative description as described in Item G of the checklist. If new construction, but part of a master plan, provide the existing permit number: WQ00 3. County where project is located: LEE 4. Approximate Coordinates (Decimal Degrees): Latitude: 35.447986- Longitude:-79.210073' 5. Parcel ID (if applicable): Pin. # 9631-78-3276-00.9631-78.4126-00,9631-78-4086-00.963I-77-5895-00,9631-77-7604-Oo.9631-77-7545-00.9631 77-7497-00.9631-77-8338-00.9631-77-8298-00.9631-87-0905-00 (or Parcel ID 10 closest downstream sewer) III. CONSULTANT INFORMATION: 1. Professional Engineer: Ken W. Bright, PE License Number: 17585 Firm: Ken Bright Associates, PLLC Mailing address: PO Box 553 City: Sanford State: NC Zip: 27331-0553 Phone number: (919) 356-4687 Email Address: kwbright(a�,kenbri¢htengineering.com IV. WASTEWATER TREATMENT FACILITY (WWTF) INFORMATION: 1. Facility Name: BIG BUFFALO WASTEWATER TREATMENT PLANT Owner Name: City of Sanford V. RECEIVING DOWNSTREAM SEWER INFORMATION: 1. Permit Number(s): WQ 2. Downstream (Receiving) Sewer Information: 12 inch Permit Number: 0024147 ® Gravity 0 Force Main 3. System Wide Collection System Permit Number(s) (if applicable): WQCS00047 Owner Name(s): City of Sanford FORM: FTA 06-21 Page lof5 VI. GENERAL REQUIREMENTS 1. If the Applicant is a Privately -Owned Public Utility, has a Certificate of Public Convenience and Necessity been attached? ❑Yes El No LEI N/A 2. If the Applicant is a Developer of lots to be sold, has a Developer's Operational Agreement (FOR[vl; DEV) been attached? ❑Yes El No ®NrA 3. If the Applicant is a Home/Property Owners' Association, has an f [OA;POA Operational Agreement [FORM: HOAI and supplementary documentation as required by 15A NCAC 02T.0115(c) been attached? ❑ Yes ❑ No ® MA 4. Origin of wastewater: (check all that apply): ❑ Residential (Individually Owned) Residential (Leased) ❑ School / preschool / day care ❑ Food and drink facilities ❑ Businesses / offices / factories ❑ Retail (stores, centers, malls) ❑ Retail with food preparation/service ❑ Medical dental.1 veterinary facilities ❑ Church ❑ Nursing Home ❑ Car Wash ❑ Hotel and/or Motels ❑ Swimming Pool/Clubhouse ❑ Swimming Pool/Filter Backwash ❑ Other (Explain in Attachment) 5. Nature of wastewater : 100 % Domestic % Commercial % Industrial (Sec ] 5 A NCAC' 02T .0103(t} ) If Industrial, is there a Pretreatment Program in effect? ❑ Yes El No 6. Has a flow reduction been approved under 15A NCAC 02T .01 14(f)? ❑ Yes ❑ No ➢ If ves, provide a copy of flow reduction approval letter with this application 7. Summarize wastewater generated by project: Establishment Type (see 02T.0114(f)) Daily Design Flow a,b No. of Units Flow Residential 3 bedroom Homes 360 galday 19 6,840 GPD gal/ GPD gal/ GPD gal/ GPD gal/ GPD gal/ GPD Total 6,840 GPD a See 15A NCAC 02 ] _Q 1 ] 4{b]. (d), (e){ I 1 and (e) for caveats to wastewater design flow rates (i.e., minimum flow per dwelling; proposed unknown non-residential development uses; public access facilities located near high public use areas; and residential property located south or east of the Atlantic Intracoastal Waterway to be used as vacation rentals as defined in GS. 4A-4). b Per 15A NCAC 02T .0114(c), design flow rates for establishments not identified [in table 15A NCAC 02T.0114] shall be determined using available flow data, water using fixtures, occupancy or operation patterns, and other measured data. 8. Wastewater generated by project: 6,840 GPD (per 15A NCAC 02T .0 1 14) D. Do not include future flows or previously permitted allocations If permitted flow is zero, please indicate why: ❑ Pump Station/Force Main or Gravity Sewer where flow will be permitted in subsequent permits that connect to this line. Please provide supplementary information indicating the approximate timeframe for permitting upstream sewers with flow. ❑ Flow has already been allocated in Permit Number: Issuance Date: ❑ Rehabilitation or replacement of existing sewers with no new flow expected ❑ Other (Explain): FORM: FTA 06-21 Page 2 of 5 VII. GRAVITY SEWER DESIGN CRITERIA (If Applicable) - 02T .0305 & MDC (Gravity Sewers): 1. Summarize gravity sewer to be permitted: Size (inches) Length (feet) Material 8 1,620 PVC SDR 26 8 50 CLASS 50 DIP > Section 11 & III of the MDC for Permitting of Gravity Sewers contains information related to design criteria > Section I1I contains information related to minimum slopes for gravity sewer(s) ➢ Oversizing lines to meet minimum slope requirements is not allowed and a violation of the MDC VIII. PUMP STATION DESIGN CRITERIA (If Applicable) — 02T .0305 & MDC (Pump Stations/Force Mains): PROVIDE A SEPARATE COPY OF THIS PAGE FOR EACH PUMP STATION INCLUDED IN THIS PROJECT 1. Pump station number or name: N/A 2. Approximate Coordinates (Decimal Degrees): Latitude: . Longitude: - 3. Total number of pumps at the pump station: 3. Design flow of the pump station: millions gallons per day (firm capacity) > This should reflect the total GPM for the pump station with the largest pump out of service. 4. Operational point(s) per pump(s): gallons per minute (GPM) at feet total dynamic head (TDH) 5. Summarize the force main to be permitted (for this Pump Station): Size (inches) Length (feet) Material If any portion of the force main is Tess than 4-inches in diameter, please identify the method of solids reduction per MDCPSFM Section 2.01C.1.b. ❑ Grinder Pump ❑ Mechanical Bar Screen ❑ Other (please specify) 6. Power reliability in accordance with 1 SA NCAC 02I .0305(h(: ❑ Standby power source or ❑ Standby pump ➢ Must have automatic activation and telemetry - 15A NCAC 02T.0305(h)(1)(B)_ ➢ Required for all pump stations with an average daily flow greater than or equal to 15,000 gallons per day ➢ Must be permanent to facility and may not be portable Or if the pump station has an average daily flow Tess than 15,000 gallons per day 15A NCACO2T.0305(h)(1)(C): ❑ Portable power source with manual activation, quick -connection receptacle and telemetry - or ❑ Portable pumping unit with plugged emergency pump connection and telemetry: > Include documentation that the portable source is owned or contracted by the applicant and is compatible with the station. > If the portable power source or pump is dedicated to multiple pump stations, an evaluation of all the pump stations' storage capacities and the rotation schedule of the portable power source or pump, including travel timeframes, shall be provided as part of this permit application in the case of a multiple station power outage. FORM: FTA 06-21 Page 3 of 5 IX. SETBACKS & SEPARATIONS — (02B .0200 & 15A NCAC 02T .0305(f)): 1. Does the project comply with all separations/alternatives found in 15A NCAC 021 .0305(f) (g)? 15A NCAC 02T.0305(fj contains minimum separations that shall be provided for sewer systems• ® Yes ❑ No Setback Parameter* Separation Required Storm sewers and other utilities not listed below (vertical) 18 inches 2Water mains (vertical - water over sewer preferred, including in benched trenches) 18 inches 2Water mains (horizontal) 10 feet Reclaimed water lines (vertical - reclaimed over sewer) 18 inches Reclaimed water lines (horizontal - reclaimed over sewer) 2 feet **Any private or public water supply source, including any wells, WS-I waters of Class I or Class II impounded reservoirs used as a source of drinking water, and associated wetlands. 100 feet **Waters classified WS (except WS-I or WS-V), B, SA, ORW, HQW, or SB from normal high water (or tide elevation) and wetlands associated with these waters (see item IX.2) 50 feet **Any other stream, lake, impoundment, or ground water lowering and surface drainage ditches, as well as wetlands associated with these waters or classified as WL. 10 feet Any building foundation (horizontal) 5 feet Any basement (horizontal) 10 feet Top slope of embankment or cuts of 2 feet or more vertical height 10 feet Drainage systems and interceptor drains 5 feet Any swimming pools 10 feet Final earth grade (vertical) 36 inches ➢ If noncompliance with 02 i',0305(F) or_al, see Section X.1 of this application *I 5A NCAC 02T 0305(e) contains alternatives where separations in gliplom cannot be achieved. Please check "yes" above if these alternatives are used and provide narrative information to explain. **Stream classifications can be identified using the Division's NC Surface Water lashcat innsebpagr 2. Does this project comply with the minimum separation requirements for water mains? ® Yes ❑ No ❑ NA > If no, please refer to 15A NCAC 18C.0906(f) for documentation requirements and submit a separate document, signed/scaled by an NC licensed PE, verifying the criteria outlined in that Rule. 3. Does the project comply with separation requirements for wetlands? ® Yes 0 No 0 NA ➢ Please provide supplementary information identifying the areas of non-conformance. > See the Division's draft separation requirements for situations where separation cannot be met. > No variance is required if the alternative design criteria specified is utilized in design and construction. 4. Is the project located in a river basin subject to any State buffer rules? ❑ Yes Basin name: ® No If yes, does the project comply with setbacks found in the river basin rules per 15ANC 02I3 .0200? ❑ Yes ❑ No ➢ This includes Trout Buffered Streams per 15A NCAC 2B.0202 5. Does the project require coverage/authorization under a 404 Nationwide/individual permits ® Yes 0 No or 401 Water Quality Certifications? ➢ Please provide the permit number/permitting status in the cover letter if coverage/authorization is required. 6. Does project comply with 15A NCAC 02T.0105(cj(6) (additional permits/certifications)? ® Yes 0 No Per 15A.NCAC 02 j _0 05( 1(61, directly related environmental permits or certification applications must be being prepared, have been applied for, or have been obtained. Issuance of this permit is contingent on issuance of dependent permits (erosion and sedimentation control plans, stormwater management plans, etc.). 7. Does this project include any sewer collection lines that are deemed "high -priority?" 0 Yes ® No Per A tNCAC 02T,0402, "high -priority sewer" means any aerial sewer, sewer contacting surface waters, siphon, or sewers positioned parallel to streambanks that are subject to erosion that undermines or deteriorates the sewer. Siphons and sewers suspended through interference/conflict boxes require a variance approval. ➢ If yes, include an attachment with details for each line, including type (aerial line, size, material, and location). High priority lines shall be inspected by the permittee or its representative at least once every six -months and inspections documented per 15A NCAC 02T.0403(a)(5) or the permittee's individual System -Wide Collection permit. FORM: FTA 06-21 Page 4 of 5 DocuSign Envelope ID: 6541F215-1493-485F-B404-62008A606902 X. CERTIFICATIONS: 1. Does the submitted system comply with 15A NNAC 02T, the Minimum Design Criteria fur the Permitting of Punic) Stations and Force Mains {latest version), and the Gravity Sewer Minimum Design Criteria (latest version) as applicable? ® Yes ❑ No If no, for projects requiring a single variance, complete and submit the Variance/Alternative Design Request application (VADC 10-14) and supporting documents for review to the Central Office. Approval of the request will be issued concurrently with the approval of the permit. and proiects requiring a variance approval may be subject to longer review times. Forproiects requiring two or more variances or where the variance is determined by the Division to be a significant portion of the project, the full technical review is required. 2. Professional Engineer's Certification: 1, Ken W. Bright, PE , attest that this application for BRANTLEY PLACE PHASE 3_ (Professional Engineers name from Application Item 111.1 ) (Project Name from Application Item II. 1) has been reviewed by me and is accurate, complete and consistent with the information supplied in the plans, specifications, engineering calculations, and all other supporting documentation to the best of my knowledge. I further attest that to the best of my knowledge the proposed design has been prepared in accordance with the applicable regulations, Minimum Design Criteria fnrGravi[y Sewers {latest vei-skii71'. and the Minimum ])esCriteria for the i a_st-'[ rack Permitting Of PtiMCi Sttdtions and Force Mains (latest version). Although other professionals may have developed certain portions of this submittal package, inclusion of these materials under my signature and seal signifies that 1 have reviewed this material and have judged it to be consistent with the proposed design. NOTE -- In accordance with General Statutes 143-215.6A and 143-215.6B, any person who knowingly makes any false statement, representation, or certification in any application package shall be guilty of a Class 2 misdemeanor, which may include a fine not to exceed $10,000, as well as civil penalties up to $25,000 per violation. Misrepresentation of the application information, including failure to disclose any design non-compliance with the applicable Rules and design criteria, may subject the North Carolina -licensed Professional Engineer to referral 10 the licensing board. (21 NCAC 56.0701) North Carolina Professional Engineer's seal, signature, and date: 3. Applicant's Certification per ISA NCAC 02T .0106(b): 1, Paul Weeks PE , attest that this application for BRANTLEY PLACE PHASE 3 (Signature Authority Name from Application Item 13) (Project Name from Application Item 11 I) attest that this application has been reviewed by me and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting documentation and attachments are not included, this application package is subject to being returned as incomplete. 1 understand that any discharge of wastewater from this non -discharge system to surface waters or the land will result in an immediate enforcement action that may include civil penalties, injunctive relief, and/or criminal prosecution. 1 will make no claim against the Division of Water Resources should a condition of this permit be violated. 1 also understand that if all required parts of this application FORM: FTA 06-21 Page 5 of 5 DocuSign Envelope ID 6541 F215-1493-485F-B404-620D6A6D69o2 package are not completed and that if all required supporting information and attachments are not included, this application package will be returned to me as incomplete. NOTE In accordance with General Statutes 143-215,6A and 143-2 ] 5.61i, any person who knowingly makes any false statement, representation, or certification in any application package shall be guilty of a Class 2 misdemeanor, which may include a fine not to exceed $I0,000 as well as civil penalties up to $25,000 per violation. Signature: - oowagn.d M. Pau[, k UJu s ,' . P.t. 139C89E00071344B9. Date: 8/17/2022 FORM: FTA 06-21 Page 6 of 5 DocuSign Envelope ID: 68607DF7-0260-4403-9D15-14398AB60215 Division of Water Resources NC Dept of Environmental Quality State of North Carolina Department of Environmental Quality Division of Water Resources AUta 4 4. 2822 Raleigh ReAleakelThacking for Sewer Extension Applications (FTSE 10-18) Application Number: I FT-342 1 Entity Requesting Allocation: City of Sanford Project Name for which flow is being requested: Brantley Place, Ph. 3 More than one FTSE may be required for a single protect If the owner of the WWTP is not responsible for all pump stations along the route of the proposed wastewater flow. I. Complete this section only if you are the owner of the wastewater treatment plant. a. WWTP Facility name: Big Buffalo Wastewater Treatment Plant b. WWTP Facility Permit #: NC0024147 All flows are in MGD c. WWTP facility permitted flow: 12.0000 d. Estimated obligated flow not yet tributary to the WWTP: 1.8012 e. WWTP facility's actual average flow: 4.1390 f. Total flow for this specific request: 0.00684 g. Total actual and obligated flows to the facility: 5.9471 h. Percent of permitted flow used: 50% II. Complete this section for each pump station you are responsible for along the route of this proposed List pump stations located between the project connection point and the WWTP. Pump Station (Name or Number) Pump Station Permit Number Firm Capacity' MGD (A) Design Average Daily Flow2 !Firm/nf1 MGD (B) Approx. Current Avg. Daily Flow, MGD (C) Obligated, Not Yet Tributary Daily Flow. MGD (D)=(8+0 Total Current Flow Plus Obligated Flow MGD (E)(A-D) Available Capacity3 MGD #NIA #NIA #NIA #NIA #NIA #NIA #NIA #NIA #NIA #NIA #NIA #NIA #N/A #NIA #N/A #NIA #N/A #N/A #N/A #NIA #N/A #NIA #N/A #NIA #N/A #N /A #N/A #NIA #NIA #NIA #NIA #NIA #N/A MIA #N/A #N/A #N/A #N/A #N/A #N/A #NIA #NIA I. The Firm Capacity (design flow) of any pump station is defined as the maximum pumped flow that can be achieved with the largest pump taken out of service. 2. Design Average Flow is the firm capacity of the pump station divided by the peaking factor (pf) not Tess than 2.5, per Section 2.02(A)(4)(c) of the Minimum Design Criteria. 3. A Planning Assessment Addendum shall be attached for each pump station located between the project connection point and the WWTP where the Available Capacity is 5 0. Downstream Facility Name (Sewer): City of Sanford Collection System Downstream Permit Number: WQCS00047 Page 1 of 8 FTSE 10-18 DocuSign Envelope ID: 68607DF7-0260-4403-9D15-14398AB60215 III. Certification Statement I, Paul Weeks, Jr. PE, certify to the best of my knowledge that the addition of the volume of wastewater to be permitted in this project has been evaluated along the route to the receiving wastewater treatment facility and that the flow from this project is not anticipated to cause any capacity related sanitary sewer overflows or overburden any downstream pump station en route to the receiving treatment plant under normal circumstances, given the implementation of the planned improvements identified in the planning assessment where applicable. This analysis has been performed in accordance with local established policies and procedures using the best available data. This certification applies to those items listed above in Sections I and II plus all attached planning assessment addendums for which I am the responsible party. Signature of this form certifies that the receiving collection system or treatment works has adequate capacity to transport and treat the proposed new wastewater. OocuSign,d by: c PALL k. ()Juts jr. P.f. . BBC39E8067844B9. Signing Official Signature City Engineer Title of Signing Official 08/17/22 Date Page 2 of 6 FTSE 10-18 KEN BRIGHT ASSOCIATES, PLLC Consultin E ineers August 22, 2022 Mr. Ted Cashion North Carolina Division of Environmental Management Division of Water Quality 1628 Mail Service Center Raleigh, NC 27699-1628 Re: Brantley Place Phase 3 Sewer Extension Lee County Dear Ted: Enclosed please find the following documents: 1. The fast track sewer application. 2. Form FTSE 04-16 3. A check for the amount of $ 480.00. 4. A Color copy of a USGS Topographic map. 5. A Street level map. NC Dept of Environmental Quality AUG 24 2022 Raleigh Regional Office The project consists of the extension of approximately 1,670 LF of 8" PVC & DIP pipe to serve a residential subdivision.. If you have any questions please feel free to contact me. i would appreciate your reviewing these as soon as possible. If you have any questions please feel free to contact me. Sincerely, Ken W. Bright, PE File:project2021/Lamco/Sewer /Letter sewer appl Brantley Place Phase 3 8-22-2022.doc P.0 Box 553 2305 Carthage Street Sanford, NC 27330 Phone: (919) 776-3444 e-mail: kwbright©kenbrightengineering.com L:aSnF'OIntSS. Al M es 0 pti sMaJpuy-Jalle)i Clayton Homes 9 RV Rental o' San`onr: 9 Welcome Home Construction North Carolina DMV •a N al AKA Landscaping ,i f $ IF Services 0 e. 0 O c�\ a `0 0 .e b ij 4? gm 9 RANTLEY PLACE PHASE 3 (35.44800, -79.21033) 0 L>atwilk BRANTLEY PLACE PHASE 3 - USGS MAP KEN W. BRIGHT ASSOCIATES, PLLC CONSULTING ENGINEERS P.O. BOX 553 SANFORD, NC 27331 (919) 776-3444 SCALE: 1"=500' DATE: 8-18-2022 REVISIONS: - Thomas, Zachary T From: mabright@kenbrightengineering.com Sent: Friday, September 30, 2022 1:31 PM To: Thomas, Zachary T Cc: paul.weeks@sanfordnc.net; kwbright@kenbrightengineering.com; mary.depina; Robinson, Jason; Kurtz, Cassidy Subject: [External] RE: WQ0043750 - Brantley Place Phase 3 (Sanford) Attachments: SEWER APPLICATION-BRANTLEY PH 3-rev 9-30-22.pdf; 20-1313 v3 Brantley Place Subdivision Phase 3_IP29_Lee_DMS.pdf; SAW-2022-00775 signed NWP verification.pdf CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. Zach, As per your comments in your email from yesterday, attached please find: 1. Revised application — Section VI #1-3, . Section VI #8 and Section IX #5 2. Copy of the DWR 401 permit 3. Copy of the US COE 404 permit. If you need something else, please let us know. Sincerely, Martha Bright, PE Ken Bright Associates PLLC P.O. Box 553 2305 Carthage St. Sanford, NC 27331 (919) 776-3444 mabright(a�kenbrightengineerinc .com www.kenbrightengineerinq.com From: Ken Bright <kwbright@kenbrightengineering.com> Sent: Friday, September 30, 2022 12:41 PM To: Martha A Bright <mabright@kenbrightengineering.com> Subject: FW: WQ0043750 - Brantley Place Phase 3 (Sanford) Ken W. Bright, PE, PLS Ken Bright Associates, PLLC 2305 Carthage St. P.O. Box 553 Sanford, NC 27331 (919) 776-3444 kwbright@kenbrightengineering.com i From: Thomas, Zachary T <zachary.thomas@ncdenr.gov> Sent: Thursday, September 29, 2022 11:08 AM To: paul.weeks@sanfordnc.net; kwbright@kenbrightengineering.com Cc: Kurtz, Cassidy <Cassidy.Kurtz@ncdenr.gov>; Robinson, Jason <jason.t.robinson@ncdenr.gov> Subject: WQ0043750 - Brantley Place Phase 3 (Sanford) Hello, After a review of the submitted sewer extension application for the Brantley Place Phase 3 project, we have the following questions: 1. Section VI #1-3: These items were left blank on the submitted application. Please confirm yes/no/na for each question in response to this email and 1 will update the application. 2. Section VI #8: This question was answered with a value of 42,840 GPD of wastewater generated by this project. However, the table in VI #7 indicates only 6,840 GPD. Please confirm the total wastewater generated by this project. 3. Section IX #5: The application states an answer of "yes" for this question regarding the project requiring a 404 or 401 permit. However, I could not locate a status update in the cover letter/project narrative. Please provide an update on the status of the 404/401 permit as there are potential streams, ponds, and wetlands depicted on the USGS map. Please let me know if you have any questions. Thank you, Zach Thomas Environmental Program Consultant, Division of Water Resources North Carolina Department of Environmental Quality Office: (919) 791-4255 I Cell: (919) 817-1177 zachary.thomas@ncdenr.gov Raleigh Regional Office 1628 Mail Service Center Raleigh, NC 27699-1628 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. Based on the current guidance to minimize the spread of COVID-19, the Department of Environmental Quality has adjusted operations to protect the health and safety of the staff and public. Many employees are working remotely or are on staggered shifts. To accommodate these staffing changes, all DEQ office locations are limiting public access to appointments only. Please check with the appropriate staff before visiting our offices, as we may be able to handle your requests by phone or email. We appreciate your patience as we continue to serve the public during this challenging time. 2 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2022-00775 County: Lee U.S.G.S. Quad: NC -Sanford GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Lamco Custom Builders. LLC Tony Torro Address: 7424 Chapel Hill Road, suite 203 Raleigh, NC 27607 Telephone Number: 919-307-4254 E-mail: tonyfa lamcohomes.com Size (acres) 7 Nearest Town Sanford Nearest Waterway Big Buffalo Creek River Basin Cape Fear USGS HUC 03030003 Coordinates Latitude: 35.4467 Longitude: -79.2089 Location description: The project site is approximately 7 acres located adjacent to Tyndall Drive, bordered to the north by Carthage Street, near the city of Sanford. Lee County, North Carolina. Description of projects area and activity: This verification authorizes the permanent discharge of fill material into 0.314 acre of wetlands and 380 square feet (135 LF) of stream channel for the extension of Tyndall Drive and lot fill for Brantley Place phase 3. Mitigation is required for this proposal. Applicable Law(s): Section 404 (Clean Water Act, 33 USC 1344) ❑Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Nationwide permit 29-Residential Development 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 attached Conditions, your application signed and dated 3/28/2022, additional information received 5/24/2022 and the enclosed plans entitled Brantley Place phase 3 dated 5/9/2022. 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 1 administrative penalty, and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide andlor regional general permit authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide and/or regional general 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 and/or regional general 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 and/or regional general permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide and/or regional general 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 Morehead City, NC, at (252) 808-2808. 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 James Lastineer at 919-554-4884 ext 32or James.C.Lastinger(a�usace.armv.mil. Corps Regulatory Official: Expiration Date of Verification: 3/15/2026 Date: 06/09/2022 DocuSign Envelope ID: 856808F0-AFA1-41 DA-B586-1 F4D35D227A1 ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director July 20, 2022 NORTH CAROLINA Environmental Quality DWR # 20201313 V3 Lee County Lamco Custom Builders, LLC Attn: Tony Torro 7424 Chapel Hill Rd, Suite 203 Raleigh, NC 27607 (via email tony@lamcohomes.com) Subject: Approval of Individua1 401 Water Quality Certification Brantley Place Subdivision Phase 3 USACE Action ID. No. SAW- 2022-00775 Dear Tony Torro: Attached hereto is a copy of Certification No. 4899 issued to Tony Torro and Lamco Custom Builders, LLC, dated July 20, 2022. This Certification replaces the Certification issued May 26, 2022. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of this Water Quality Certification. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this Certification and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)]. This Water Quality Certification does not relieve the permittee of the responsibility to obtain all other required Federal, State, or Local approvals before proceeding with the project, including those required by, but not limited to, Sediment and Erosion Control, Non -Discharge, Water Supply Watershed, and Trout Buffer regulations. This Water Quality Certification neither grants nor affirms any property right, license, or privilege in any lands or waters, or any right of use in any waters. This Water Quality Certification does not authorize any person to interfere with the riparian rights, littoral rights, or water use rights of any other person and does not create any prescriptive right or any right of priority regarding any usage of water. This Water Quality Certification shall not be interposed as a defense in any action respecting the determination of riparian or littoral rights or other rights to water use. No consumptive user is deemed by virtue of this Water Quality Certification to possess any prescriptive or other right of priority with respect to any other consumptive user. Upon the presentation of proper credentials, the Division may inspect the property. This Water Quality Certification shall expire on the same day as the expiration date of the corresponding Section 404 Permit. The conditions shall remain in effect for the life of the project, regardless of the expiration date of this Water Quality Certification. Non-compliance with or violation of the conditions herein set forth may result in revocation of this Water Quality Certification for the project and may also result in criminal and/or civil penalties. DEQ; NORTH CAROLINA Department of Environmental Duality North Carolina Department of Environmental Quality I Division of Water Resources Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609 919.791.4200 DocuSign Envelope ID: 856808F0-AFA1-41 DA-B586-1 F4D35D227A1 Brantley Place Subdivision Phase 3 DWR# 20201313 v3 Individual Certification #WQC004899 Page 2 of 13 If you are unable to comply with any of the conditions of this Water Quality Certification you must notify the Raleigh Regional Office within 24 hours (or the next business day if a weekend or holiday) from the time the permittee becomes aware of the circumstances. The permittee shall report to the Raleigh Regional Office any noncompliance with, and/or any violation of, stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the permittee became aware of the non-compliance circumstances. This approval and its conditions are final and binding unless contested [G.S. 143-215.5]. This Certification can be contested as provided in Chapter 150B of the North Carolina General Statutes by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter 150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code. Additional information regarding requirements for filing a Petition and Petition forms may be accessed at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000. One (1) copy of the Petition must also be served to the North Carolina Department of Environmental Quality: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 If the party filing the Petition is not the permittee, then the party must also serve the recipient of the Authorization Certificate in accordance with N.C.G.S 150B-23(a). This letter completes the Division's review under section 401 of the Clean Water Act and 15A NCAC 02H .0500. Please contact Colleen Cohn at 919-791-4258 or Colleen.Cohn@ncdenr.gov if you have any questions or concerns. Sincerely, DocuSigned by: BCDA9D825D4A46D... Scott Vinson, Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ cc: Krissina Newcomb, Hal Owen & Associates, Inc (via email) James Lastinger, USACE Raleigh Regulatory Field Office (via email) DWR 401 & Buffer Permitting Branch Electronic file £ D_E NORTHCAROLINA Department of Environmental Duel North Carolina Department of Environmental Quality I Division of Water Resources Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609 919.791.4200 DocuSign Envelope ID: 856808F0-AFA1-41 DA-B586-1 F4D35D227A1 Brantley Place Subdivision Phase 3 DWR# 20201313 v3 Individual Certification #WQC004899 Page 3 of 13 NORTH CAROLINA 401 WATER QUALITY CERTIFICATION CERTIFICATION #4899 is issued in conformity with the requirements of Section 401, Public Laws 92- 500 and 95-217 of the United States and subject to North Carolina's Regulations in 15 NCAC 02H .0500 and 15A NCAC 02B .0200, to Tony Torro and Lamco Custom Builders, LLC, who have authorization for the impacts listed below, as described within your application received by the N.C. Division of Water Resources (Division) on May 24, 2022, and payment received May 27, 2022. The State of North Carolina certifies that this activity will comply with water quality requirements and the applicable portions of Sections 301, 302, 303, 306, 307 of the Public Laws 92-500 and PL 95-217 if conducted in accordance with the application, the supporting documentation, and conditions hereinafter set forth. The following impacts are hereby approved. No other impacts are approved, including incidental impacts. [15A NCAC 02H .0506(b)] Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary 404/401 Wetlands: W 1: Lot Fill 0.114 (acres) 0 (acres) W2: Road Crossing Fill 0.200 (acres) 0 (acres) Streams: S 1: Road Crossing - Culvert 110 (linear feet) 0 (linear feet) S2: Road Crossing — Rip Rap 25 (linear feet) 0 (linear feet) This approval requires you to follow the conditions listed in the certification below: CONDITIONS OF CERTIFICATION [15A NCAC 02H .0507(c)]: 1) Compensatory Mitigation Using the Division of Mitigation Services (DMS): Mitigation must be provided for the proposed impacts as specified in the table below. The Division has received an acceptance letter from the NC Division of Mitigation Services (DMS) to meet this mitigation requirement. Until the DMS receives and clears your payment, and proof of payment has been provided to this Office, no impacts specified in this Authorization Certificate shall occur. For accounting purposes, this Authorization Certificate authorizes payment to the DMS to meet the following compensatory mitigation requirement [15A NCAC 02H .0506(c)]: Compensatory Mitigation Required River & Sub -basin Number Wetlands 0.314 (acres) Cape Fear: 03030003 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. In determining that the proposed activity will comply with state water quality standards (including designated uses, numeric criteria, narrative criteria and the state's antidegradation policy), the project must provide for replacement of existing uses through compensatory mitigation. 2) If this Water Quality Certification is used to access residential, commercial or industrial building sites, then all parcels owned by the permittee that are part of the single and complete project authorized by this £ D_E NORTH CAROLINA Department of Environmental Duel North Carolina Department of Environmental Quality I Division of Water Resources Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609 919.791.4200 DocuSign Envelope ID: 856808F0-AFA1-41 DA-B586-1 F4D35D227A1 Brantley Place Subdivision Phase 3 DWR# 20201313 v3 Individual Certification #WQC004899 Page 4 of 13 Certification must be buildable without additional impacts to streams or wetlands. Citation: 15A NCAC 02H.0502(a);15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c) Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. In determining that the proposed activity will comply with state water quality standards (including designated uses, numeric criteria, narrative criteria and the state's antidegradation policy), the Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards or would result in secondary or cumulative impacts 3) For road construction purposes, this Certification shall only be utilized from natural high ground to natural high ground. Citation: 15A NCAC 02H.0502(a);15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c) Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. In determining that the proposed activity will comply with state water quality standards (including designated uses, numeric criteria, narrative criteria and the state's antidegradation policy), the Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards or would result in secondary or cumulative impacts. 4) Deed notifications or similar mechanisms shall be placed on all lots/parcels with retained jurisdictional wetlands, waters, and state regulated riparian buffers within the project boundaries in order to assure compliance with NC Water Quality Certification Rules (15A NCAC 02H .0500), NC Isolated Wetland Rules (15A NCAC 02H .1300), and/or State Regulated Riparian Buffer Rules (15A NCAC 02B .0200). These mechanisms shall be put in place at the time of recording of the property or individual parcels, whichever is appropriate. Citation: 15A NCAC 02H.0502(a);15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c) Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. In determining that the proposed activity will comply with state water quality standards (including designated uses, numeric criteria, narrative criteria and the state's antidegradation policy), the Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards or would result in secondary or cumulative impacts. 5) For all dam removal projects meeting the definition under G.S. 143-215.25 and requirements under G.S. 143-215.27 of a professionally supervised dam removal, the applicant shall provide documentation that any sediment that may be released has similar or lower level of contamination than sediment sampled from downstream of the dam in accordance with Session Law 2017-145. Citation: 15A NCAC 02H . 0502; 15A NCAC 02H . 0506(b); 15A NCAC 02H . 0507(c); 15A NCACO2B .0200; S.L. 2017-145 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. In determining that the proposed activity will comply with state water quality standards (including designated uses, numeric criteria, narrative criteria and the state's antidegradation policy), the Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards or would result in secondary or cumulative impacts. 6) If this Water Quality Certification is used for utility related impacts, then the following Activity Specific NORTH NA Departmentm oof f Environmental Duel North Carolina Department of Environmental Quality I Division of Water Resources Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609 919.791.4200 DocuSign Envelope ID: 856808F0-AFA1-41 DA-B586-1 F4D35D227A1 Conditions shall apply to those impacts. Brantley Place Subdivision Phase 3 DWR# 20201313 v3 Individual Certification #WQC004899 Page 5 of 13 a) All sewer lines shall be designed, constructed and maintained in accordance with Title 15A NCAC Chapter 02T, applicable Minimum Design Criteria (MDC), and/or Alternative Design Criteria. Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c) Justification: The referenced Minimum Design criteria and 02T rules were adopted to ensure that conditions of waters be suitable for all best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and maintenance of biological integrity; wildlife: secondary contact recreation: agriculture); and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. b) Any utility construction corridor that is parallel to a stream or open water shall not be closer than 10 feet to the top of bank or ordinary high-water mark. Citation: 15A NCAC 02H . 0506(b); 15A NCAC 02H . 0507(c) Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. In determining that the proposed activity will comply with state water quality standards (including designated uses, numeric criteria, narrative criteria and the state's antidegradation policy), the Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards or would result in secondary or cumulative impacts. c) Where there are temporary or permanent impacts from stream crossings, utility lines shall cross the stream channel at a near -perpendicular direction (i.e., between 75 degrees and 105 degrees to the stream bank). Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c) Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. In determining that the proposed activity will comply with state water quality standards (including designated uses, numeric criteria, narrative criteria and the state's antidegradation policy), the Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards or would result in secondary or cumulative impacts. d) Construction corridors in wetlands and/or across stream channels shall be minimized to the maximum extent practicable and shall not exceed 40 feet wide for utility lines. For construction corridors in wetlands and across stream channels, stumps shall be grubbed only as needed to install the utility and remaining stumps shall be cut off at grade level. The general stripping of topsoil within wetlands along the construction corridor is prohibited. Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c) Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. In determining that the proposed activity will comply with state water quality standards (including designated uses, numeric criteria, narrative criteria and the state's antidegradation policy), the Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards or would result in secondary or cumulative impacts. e) Permanent maintained access corridors in wetlands and across stream channels shall be restricted to D_E NORTHCAROLINA Department of Environmental Duel North Carolina Department of Environmental Quality I Division of Water Resources Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609 919.791.4200 DocuSign Envelope ID: 856808F0-AFA1-41 DA-B586-1 F4D35D227A1 Brantley Place Subdivision Phase 3 DWR# 20201313 v3 Individual Certification #WQC004899 Page 6 of 13 the minimum width practicable and shall not exceed 30 feet wide except at manhole locations. Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c) Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. In determining that the proposed activity will comply with state water quality standards (including designated uses, numeric criteria, narrative criteria and the state's antidegradation policy), the Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards or would result in secondary or cumulative impacts. f) For all utility lines constructed within wetlands, an anti -seep collar shall be placed at the downstream (utility line gradient) wetland boundary and every 150 feet up the gradient until the utility exits the wetland. Anti -seep collars may be constructed with class B concrete, compacted clay, PVC pipe, or metal collars. Wetland crossings that are directionally drilled, and perpendicular wetland crossings that are open cut and less than 150 feet long do not require anti -seep collars. The compacted clay shall have a specific infiltration of 1 X 10-5 cm/sec or less. See Water Quality General Certification No. 4256 for a section and plan view diagram for the anti -seep collars. g) The following specifications shall apply to class B concrete: i) Minimum cement content, sacks per cubic yard with rounded coarse aggregate 5.0 ii) Minimum cement content, sacks per cubic yard with angular coarse aggregate 5.5 iii) Maximum water -cement ratio gallons per sack 6.8 iv) Slump range 2" to 4" v) Minimum strength - 28-day psi 2,500 Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c) Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. In determining that the proposed activity will comply with state water quality standards (including designated uses, numeric criteria, narrative criteria and the state's antidegradation policy), the Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards or would result in secondary or cumulative impacts. The permittee shall have a specific plan for restoring wetland contours to pre -construction conditions. Any excess material will be removed to a high ground disposal area. The mixing of topsoil and subsoils within the wetlands along utility corridors shall be minimized to the greatest extent practical. During excavation, the soils shall be placed on fabric to minimize impacts whenever possible. Topsoil excavated from utility trenches will be piled separately from subsoils and will be backfilled into the trench only after the subsoils have been placed and compacted. Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c) Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. In determining that the proposed activity will comply with state water quality standards (including designated uses, numeric criteria, narrative criteria and the state's antidegradation policy), the Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards or would result in secondary or cumulative impacts. 7) The permittee shall report to the DWR Raleigh Regional Office any noncompliance with, and/or any £ D_E NORTHCAROLINA Department of Environmental Duel North Carolina Department of Environmental Quality I Division of Water Resources Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609 919.791.4200 DocuSign Envelope ID: 856808F0-AFA1-41 DA-B586-1 F4D35D227A1 Brantley Place Subdivision Phase 3 DWR# 20201313 v3 Individual Certification #WQC004899 Page 7 of 13 violation of, stream or wetland standards [15A NCAC 02B .0200], including but not limited to sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the permittee became aware of the non-compliance circumstances. Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c) Justification: Timely reporting of non-compliance is important in identifying and minimizing detrimental impacts to water quality and avoiding impacts due to water pollution that precludes any best use on a short- term or long-term basis. 8) No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the footprint of the approved impacts (including temporary impacts). Citation: 15A NCAC 02H.0506; 15A NCAC 02H.0507(c) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and maintenance of biological integrity; wildlife; secondary contact recreation; agriculture); and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. 9) All activities shall be in compliance with any applicable State Regulated Riparian Buffer Rules in Chapter 2B of Title 15A in the North Carolina Administrative Code. Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c) Justification: The referenced Riparian Buffer rules were adopted to address water quality impairments and further protect existing uses. 10) When applicable, all construction activities shall be performed and maintained in full compliance with G.S. Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973). Regardless of applicability of the Sediment and Pollution Control Act, all projects shall incorporate appropriate Best Management Practices for the control of sediment and erosion so that no violations of state water quality standards, statutes, or rules occur. Design, installation, operation, and maintenance of all sediment and erosion control measures shall be equal to or exceed the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual, or for linear transportation projects, the North Caroline Department of Transportation Sediment and Erosion Control Manual. All devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) sites, including contractor -owned or leased borrow pits associated with the project. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. For borrow pit sites, the erosion and sediment control measures shall be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. Reclamation measures and implementation shall comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act and the Mining Act of 1971. Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c); 15A NCACO2B .0200; 15A NCAC 02B .0231 £ D_E NORTHCAROLINA Department of Environmental Duel North Carolina Department of Environmental Quality I Division of Water Resources Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609 919.791.4200 DocuSign Envelope ID: 856808F0-AFA1-41 DA-B586-1 F4D35D227A1 Brantley Place Subdivision Phase 3 DWR# 20201313 v3 Individual Certification #WQC004899 Page 8 of 13 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability of fish, aesthetic quality, or impair the waters for any designated uses; and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall not be increased. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 11) Sediment and erosion control measures shall not be installed in wetland or waters except within the footprint of temporary or permanent impacts otherwise authorized by this Certification. If placed within authorized impact areas, then placement of such measures shall not be conducted in a manner that results in dis-equilibrium of any wetlands, streambeds, or streambanks. Any silt fence installed within wetlands shall be removed from wetlands and the natural grade restored within two (2) months of the date that DEMLR or locally delegated program has released the specific area within the project to ensure wetland standards are maintained upon completion of the project. Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c); 15A NCAC 02B .0200; 15A NCAC 02B .0231 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability of fish, aesthetic quality, or impair the waters for any designated uses; and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall not be increased. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 12) Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used along streambanks or within wetlands. Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c) Justification: A project that affects waters shall not be permitted unless the existing uses (including aquatic life propagation and biological integrity), and the water quality to protect such uses, are protected. Protections are necessary to ensure any remaining surface waters or wetlands, and any surface waters or wetlands downstream, continue to support existing uses during and after project completion. The Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards, or would result in secondary or cumulative impacts. 13) If the project is covered by NPDES Construction Stormwater Permit Number NCG010000 or NPDES Construction Stormwater Permit Number NCG250000, full compliance with permit conditions including £ D_E NORTHCAROLINA Department of Environmental Duel North Carolina Department of Environmental Quality I Division of Water Resources Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609 919.791.4200 DocuSign Envelope ID: 856808F0-AFA1-41 DA-B586-1 F4D35D227A1 Brantley Place Subdivision Phase 3 DWR# 20201313 v3 Individual Certification #WQC004899 Page 9 of 13 the erosion & sedimentation control plan, inspections and maintenance, self -monitoring, record keeping and reporting requirements is required. Citation: 15A NCAC 02H . 0506(b); 15A NCAC 02H . 0507(c); 15A NCAC 02B .0200; 15A NCAC 02B .0231 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability of fish, aesthetic quality, or impair the waters for any designated uses; and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall not be increased. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 14) All work in or adjacent to streams shall be conducted so that the flowing stream does not come in contact with the disturbed area. Approved best management practices from the most current version of the NC Sediment and Erosion Control Manual, or the NC Department of Transportation Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams, and other diversion structures shall be used to minimize excavation in flowing water. Citation: 15A NCAC 02H . 0506(b); 15A NCAC 02H . 0507(c); 15A NCAC 02B .0200 Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated uses; and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall not be increased. 15) In -stream structures installed to mimic natural channel geomorphology such as cross -vanes, sills, step - pool structures, etc. shall be designed and installed in such a manner that allow for continued aquatic life movement. Citation: 15A NCAC 02H . 0506(b); 15A NCAC 02H . 0507(c) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. Ensuring that in -stream structures are installed properly will ensure that surface water quality standards are met and conditions of waters are suitable for all best uses. 16) Culverts shall be designed and installed in such a manner that the original stream profiles are not altered and allow for aquatic life movement during low flows. The dimension, pattern, and profile of the stream above and below a pipe or culvert shall not be modified by widening the stream channel or by reducing the depth of the stream in connection with the construction activity. The width, height, and gradient of a proposed culvert shall be such as to pass the average historical low flow and spring flow without £ D_E NORTHCAROLINA Department of Environmental Duel North Carolina Department of Environmental Quality I Division of Water Resources Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609 919.791.4200 DocuSign Envelope ID: 856808F0-AFA1-41 DA-B586-1 F4D35D227A1 Brantley Place Subdivision Phase 3 DWR# 20201313 v3 Individual Certification #WQC004899 Page 10 of 13 adversely altering flow velocity. If the width of the culvert is wider than the stream channel, the culvert shall include multiple boxes/pipes, baffles, benches and/or sills to maintain the natural width of the stream channel If multiple culverts/pipes/barrels are used, low flows shall be accommodated in one culvert/pipe and additional culverts/pipes shall be installed such that they receive only flows above bankfull. Placement of culverts and other structures in streams shall be below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20% of the culvert diameter for culverts having a diameter less than or equal to 48 inches, to allow low flow passage of water and aquatic life. If the culvert outlet is submerged within a pool or scour hole and designed to provide for aquatic passage, then culvert burial into the streambed is not required. For structures less than 72" in diameter/width, and topographic constraints indicate culvert slopes of greater than 2.5% culvert burial is not required, provided that all alternative options for flattening the slope have been investigated and aquatic life movement/connectivity has been provided when possible (e.g. rock ladders, cross -vanes, sills, baffles etc.). Notification, including supporting documentation to include a location map of the culvert, culvert profile drawings, and slope calculations, shall be provided to DWR 30 calendar days prior to the installation of the culvert. When bedrock is present in culvert locations, culvert burial is not required, provided that there is sufficient documentation of the presence of bedrock. Notification, including supporting documentation such as a location map of the culvert, geotechnical reports, photographs, etc. shall be provided to DWR a minimum of 30 calendar days prior to the installation of the culvert. If bedrock is discovered during construction, then DWR shall be notified by phone or email within 24 hours of discovery. Installation of culverts in wetlands shall ensure continuity of water movement and be designed to adequately accommodate high water or flood conditions. When roadways, causeways, or other fill projects are constructed across FEMA-designated floodways or wetlands, openings such as culverts or bridges shall be provided to maintain the natural hydrology of the system as well as prevent constriction of the floodway that may result in destabilization of streams or wetlands. The establishment of native woody vegetation and other soft stream bank stabilization techniques shall be used where practicable instead of rip -rap or other bank hardening methods. Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. Ensuring that structures are installed properly in waters will ensure that surface water quality standards are met and conditions of waters are suitable for all best uses. 17) Application of fertilizer to establish planted/seeded vegetation within disturbed riparian areas and/or wetlands shall be conducted at agronomic rates and shall comply with all other Federal, State and Local regulations. Fertilizer application shall be accomplished in a manner that minimizes the risk of contact between the fertilizer and surface waters. Citation: 15A 02H.0506(b); 15A NCAC 02H.0507(c); 15A NCAC 02B .0200; 15A NCAC 02B .0231 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability of fish, aesthetic quality, or impair the waters for any designated uses. As cited in Wetland Standards: £ D_E NORTHCAROLINA Department of Environmental Duel North Carolina Department of Environmental Quality I Division of Water Resources Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609 919.791.4200 DocuSign Envelope ID: 856808F0-AFA1-41 DA-B586-1 F4D35D227A1 Brantley Place Subdivision Phase 3 DWR# 20201313 v3 Individual Certification #WQC004899 Page 11 of 13 (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 18) If concrete is used during construction, then all necessary measures shall be taken to prevent direct contact between uncured or curing concrete and waters of the state. Water that inadvertently contacts uncured concrete shall not be discharged to waters of the state. Citation: 15A 02H.0506(b); 15A NCAC 02H.0507(c); 15A NCAC 02B .0200; 15A NCAC 02B .0231 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability of fish, aesthetic quality, or impair the waters for any designated uses. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 19) All proposed and approved temporary fill and culverts shall be removed and the impacted area shall be returned to natural conditions within 60 calendar days after the temporary impact is no longer necessary. The impacted areas shall be restored to original grade, including each stream's original cross -sectional dimensions, planform pattern, and longitudinal bed profile. All temporarily impacted sites shall be restored and stabilized with native vegetation. Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c) Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Protections are necessary to ensure any remaining surface waters or wetlands, and any surface waters or wetlands downstream, continue to support existing uses after project completion. 20) All proposed and approved temporary pipes/culverts/rip-rap pads etc. in streams or wetlands shall be installed as outlined in the most recent edition of the North Carolina Sediment and Erosion Control Planning and Design Manual or the North Carolina Surface Mining Manual or the North Carolina Department of Transportation Best Management Practices for Construction and Maintenance Activities so as not to restrict stream flow or cause dis-equilibrium during use of this Certification. Citation: 15A NCAC 02H . 0506(b); 15A NCAC 02H . 0507(c) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. Ensuring that structures are installed properly in waters will ensure that surface water quality standards are met and conditions of waters are suitable for all best uses. 21) Any rip -rap required for proper culvert placement, stream stabilization, or restoration of temporarily disturbed areas shall be restricted to the area directly impacted by the approved construction activity. All rip -rap shall be placed such that the original streambed elevation and streambank contours are restored and maintained and shall consist of clean rock or masonry material free of debris or toxic pollutants. Placement of rip -rap or other approved materials shall not result in de -stabilization of the stream bed or banks upstream or downstream of the area or be installed in a manner that precludes aquatic life passage. Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c) £ D_E NORTHCAROLINA Department of Environmental Duel North Carolina Department of Environmental Quality I Division of Water Resources Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609 919.791.4200 DocuSign Envelope ID: 856808F0-AFA1-41 DA-B586-1 F4D35D227A1 Brantley Place Subdivision Phase 3 DWR# 20201313 v3 Individual Certification #WQC004899 Page 12 of 13 Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. The Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards, or would result in secondary or cumulative impacts. 22) Any rip -rap used for stream or shoreline stabilization shall be of a size and density to prevent movement by wave, current action, or stream flows, and shall consist of clean rock or masonry material free of debris or toxic pollutants. Rip -rap shall not be installed in the streambed except in specific areas required for velocity control and to ensure structural integrity of bank stabilization measures. Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c); 15A NCAC 02B .0201 Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. The Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards, or would result in secondary or cumulative impacts. 23) All mechanized equipment operated near surface waters shall be inspected and maintained regularly to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids, or other toxic materials. Construction shall be staged in order to minimize the exposure of equipment to surface waters to the maximum extent practicable. Fueling, lubrication, and general equipment maintenance shall be performed in a manner to prevent, to the maximum extent practicable, contamination of surface waters by fuels and oils. Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c); 15A NCAC 02B .0200; 15A NCAC 02B .0231 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability of fish, aesthetic quality, or impair the waters for any designated uses. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 24) Heavy equipment working in wetlands shall be placed on mats or other measures shall be taken to minimize soil disturbance and compaction. Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c); 15A NCAC 02B .0231 Justification: Wetland standards require maintenance or enhancement of existing uses of wetlands such that hydrologic conditions necessary to support natural biological and physical characteristics are protected; populations of wetland flora and fauna are maintained to protect biological integrity of the wetland; and materials or substances are not present in amounts that may cause adverse impact on existing wetland uses. 25) In accordance with 143-215.85(b), the permittee shall report any petroleum spill of 25 gallons or more; any spill regardless of amount that causes a sheen on surface waters; any petroleum spill regardless of amount occurring within 100 feet of surface waters; and any petroleum spill less than 25 gallons that cannot be cleaned up within 24 hours. Citation: 15A NCAC 02H.0507(c); NC.G.S 143-215.85(b) £ D_E NORTHCAROLINA Department of Environmental Duel North Carolina Department of Environmental Quality I Division of Water Resources Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609 919.791.4200 DocuSign Envelope ID: 856808F0-AFA1-41 DA-B586-1 F4D35D227A1 Brantley Place Subdivision Phase 3 DWR# 20201313 v3 Individual Certification #WQC004899 Page 13 of 13 Justification: Person(s) owning or having control over oil or other substances upon notice of discharge must immediately notes the Department, or any of its agents or employees, of the nature, location, and time of the discharge and of the measures which are being taken or are proposed to be taken to contain and remove the discharge. This action is required in order to contain or divert the substances to prevent entry into the surface waters. Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and maintenance of biological integrity; wildlife; secondary contact recreation; agriculture); and that activities must not cause water pollution that precludes any best use on a short-term or long- term basis. 26) The permittee and their authorized agents shall conduct all activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal Law. Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. The Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards, or would result in secondary or cumulative impacts. 27) The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this Water Quality Certification. A copy of this Water Quality Certification shall be available at the project site during the construction and maintenance of this project. Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c) Justification: Those actually performing the work should be aware of the requirements of this 401 Water Quality Certification to minimize water quality impacts. This approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. The conditions in effect on the date of issuance shall remain in effect for the life of the project, regardless of the expiration date of this Certification. [15A NCAC 02H .0507(c)] This, the 20th day of July 2022 DocuSigned by: E Cb{f UIU,Sbin, BCDA9D825D4A46D... Scott Vinson, Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ CMC WQC004899 £ D_E NORTHCAROLINA Department of Environmental Duel North Carolina Department of Environmental Quality I Division of Water Resources Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609 919.791.4200