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HomeMy WebLinkAbout20220435 Ver 2_ePCN Application_20221222DWR Division of Water Resources Initial Review Pre -Construction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) April 13, 2022 Ver 4.3 Has this project met the requirements for acceptance in to the review process?* Yes No Is this project a public transportation project?* Yes No Change only if needed. Pre -Filing Meeting Date Request was submitted on: 10/16/2022 BIMS # Assigned* Version#* 20220435 2 Is a payment required for this project?* No payment required Fee received Fee needed - send electronic notification Reviewing Office* Raleigh Regional Office - (919) 791-4200 Information for Initial Review la. Name of project: Aubrie Place la. Who is the Primary Contact?* Sean Clark What amout is owed?* $240.00 $570.00 Select Project Reviewer* Zachary Thomas:eads\ztthomas lb. Primary Contact Email:* lc. Primary Contact Phone:* sclark@sageecological.com (919)559-1537 Date Submitted 12/22/2022 Nearest Body of Water West Prong New Light Creek Basin Neuse Water Classification WS-IV; NSW Site Coordinates Latitude: Longitude: 36.0757 -78.5718 A. Processing Information County (or Counties) where the project is located: Granville Is this a NCDMS Project Yes No Is this project a public transportation project? * Yes No la. Type(s) of approval sought from the Corps: Section 404 Permit (wetlands, streams and waters, Clean Water Act) Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Has this PCN previously been submitted?* Yes No Please provide the date of the previous submission.* 3/16/2022 1 b. What type(s) of permit(s) do you wish to seek authorization? Nationwide Permit (NWP) Regional General Permit (RGP) Standard (IP) lc. Has the NWP or GP number been verified by the Corps? Yes No Nationwide Permit (NWP) Number: 29 - Residential Developments NWP Numbers (for multiple NWPS): ld. Type(s) of approval sought from the DWR: 401 Water Quality Certification - Regular Non-404 Jurisdictional General Permit Individual 401 Water Quality Certification 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: If. Is this an after -the -fact permit application?* Yes No lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? Yes No lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? Yes No 1 h. Is the project located in any of NC's twenty coastal counties? Yes No 1j. Is the project located in a designated trout watershed? Yes No B. Applicant Information Id. Who is applying for the permit? Owner Applicant (other than owner) le. Is there an Agent/Consultant for this project?* Yes No 2. Owner Information 2a. Name(s) on recorded deed: Derrick & Shinese Bennett 2b. Deed book and page no.: DB01860/PG0569 & DB01905/PG0135 2c. Contact Person: 401 Water Quality Certification - Express Riparian Buffer Authorization Yes No Yes No 2d. Address Street Address PO Box 121 Address Line 2 City State / Province / Region Garysburg NC Postal / Zip Code Country 27831 USA 2e. Telephone Number: 2f. Fax Number: (252)326-4909 2g. Email Address: * bennettd4909@gmail.com 4. Agent/Consultant (if applicable) 4a. Name: Nicole Thomson 4b. Business Name: Sage Ecological Services, Inc. 4c. Address Street Address 3707 Swift Drive Address Line 2 City Raleigh Postal / Zip Code 27606 4d. Telephone Number: (919)754-7806 4f. Email Address: * nthomson@sageecological.com C. Project Information and Prior Project History State / Province / Region NC Country USA 4e. Fax Number: 1. Project Information 1b. Subdivision name: (if appropriate) Aubrie Place lc. Nearest municipality / town: Wake Forest 2. Project Identification 2a. Property Identification Number: 182400660728,182400760716, 182400665722 2c. Project Address Street Address 1155, 1161 & 1169 Woodland Church Road Address Line 2 City Wake Forest Postal / Zip Code 27587 3. Surface Waters 3a. Name of the nearest body of water to proposed project: * West Prong New Light Creek 3b. Water Resources Classification of nearest receiving water: * WS-IV; NSW 2b. Property size: 29.53 State / Province / Region NC Country USA 3c. What river basin(s) is your project located in?* Neuse 3d. Please provide the 12-digit HUC in which the project is located. 030202010601 4. Project Description and History 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:* The Site is undeveloped and contains forested areas along the drainages while the majority of the Site has been logged recently and is in dense herbaceous and shrub cover. There are three structures on the evaluated site. Evidence of past silvicultural operations on the Site include cleared areas visible in aerial imagery. Where it exists, the tree canopy consists of mature pines and hardwood trees. The topography of the Site ranges from a low point of +/- 400 feet above mean sea level (msl) at the middle southern property corner where the drainage exits the Site, to a high point of +/- 450 feet msl in the northwestern corner of the Site. Surrounding areas are mostly wooded with a few stand-alone residences. Previously, a permit application was submitted and approved by the USAGE on 09/09/2022 (SAW-2021-02598) and by NC DWR on 08/31/2022 (DWR #20220435). The previously authorized impacts included 0.035 acres of permanent wetland fill due to a road crossing, 154 linear feet (0.02 acres) of permanent loss of stream channel and 24 linear feet (0.003 acres) of permanent impact, but no permanent loss of channel due to rip rap placement. The applicant was able to purchase additional property to the south of the proposed Site and has since redesigned the site plan to use an existing driveway crossing thereby eliminating permanent impacts to wetlands and reducing overall permanent stream impacts to 75 linear feet (0.012 acres) of permanent stream impact, 12 linear feet (0.002 acres) of permanent impact, but no permanent loss of channel due to rip rap placement and 29 linear feet (0.005 acres) of temporary impact due to impervious dike placement and concurrent dewatering for the culvert installation. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past? * Yes No Unknown If yes, please give the DWR Certification number or the Corps Action ID (exp. SAW-0000-00000). USAGE SAW-2021-02598 DWR Project No. 20220435 4f. List the total estimated acreage of all existing wetlands on the property: 0.115 4g. List the total estimated linear feet of all existing streams on the property: 1,248 4h. Explain the purpose of the proposed project: * The purpose of the proposed project is to construct a residential development to help meet the housing need in the area. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * Roads and lots were positioned to reduce impacts to streams and wetlands on the Site. The road crossings were designed to cross perpendicular to the jurisdictional features. The applicant purchased additional property to the south of the original project site to utilize an existing gravel road as part of the proposed Bennet Grove Drive. There are 0.115 acre of onsite wetlands of which none are proposed to be permanently impacted. There are 1,248 linear feet of stream onsite of which only 75 linear feet are proposed to be permanently impacted, 12 linear feet are proposed to be permanently impacted, but not permanent loss (rip rap placement) and 29 linear feet of temporary impact. Construction fencing will be used to define the construction corridor and prevent any accidental additional impacts, while silt fencing will be installed to provide additional protection from runoff. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* Yes No Comments: 5b. If the Corps made a jurisdictional determination, what type of determination was made? * Preliminary Approved Not Verified Unknown N/A Corps AID Number: SAW-2021-02598 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: Sean Clark Sage Ecological Services, Inc. Unknown 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR PJD - January 11, 2022 (SAW-2021-02598) and NCDWR Buffer Determination January 7, 2022 (NBRRO #21-459). 6. Future Project Plans 6a. Is this a phased project?* Yes No Are any other 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? No. D. Proposed Impacts Inventory 1. Impacts Summary la. Where are the impacts associated with your project? (check all that apply): Wetlands Streams -tributaries Open Waters Pond Construction Buffers 3. Stream Impacts 3a. Reason for impact (?) 3b.Impact type* 3c. Type of impact* 3d. S. name* 3e. Stream Type* (?) 3f. Type of Jurisdiction* 3g. S. width 3h. Impact length* S1 Stream SB Permanent Culvert Stream SB Perennial Both 7 Average (feet) 59 (linear feet) S2 Stream SB Permanent Rip Rap Fill Stream SB Perennial Both 7 Average (feet) 12 (linear feet) S3 Stream SB Temporary Dewatering Stream SB Perennial Both 7 Average (feet) 16 (linear feet) S4 Stream SD Permanent Relocation Stream SD Perennial Both 7 Average (feet) 16 (linear feet) S5 Stream SD Temporary Dewatering Stream SD Perennial Both 7 Average (feet) 13 (linear feet) 3i. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 87 3i. Total stream and ditch impacts: 116 3i. Total temporary stream impacts: 29 3j. Comments: Of the 87 linear feet of proposed permanent impacts, only 75 linear feet is considered permanent loss; the remaining 12 linear feet are associated with the countersunk rip rap pad and are considered permanent impact, but not permanent loss. Also note that the inlet of the culvert proposes rip rap installation at the wing walls to force the flow from the two channels into the center of the flow line, rather than allow it along the wing wall. This will prevent future scour. 6. Buffer Impacts (for DWR) 6a. Project is in which protect basin(s)? Check all that apply. Neuse Catawba Goose Creek Other Tar -Pamlico Randleman Jordan Lake 6b. Impact Type 6c. Per or Temp 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact 6g. Zone 2 impact Road Crossing P SB/SD No 4,609 2,608 Road Crossing T SB/SD No 1,086 658 6h. Total buffer impacts: Total Temporary impacts: Total Permanent impacts: Total combined buffer impacts: 6i. Comments: Zone 1 1,086.00 Zone 1 4,609.00 Zone 2 658.00 Zone 2 2,608.00 Zone 1 Zone 2 5,695.00 3,266.00 There is an existing gravel road at the proposed new road location; therefore, the buffer is depicted beyond the limits of the existing "transportation facility" (i.e. not in the existing gravel road corridor) E. Impact Justification and Mitigation 1. Avoidance and Minimization la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: Roads and lots were positioned to reduce impacts to streams and wetlands on the Site. The road crossing was designed to cross perpendicular to the jurisdictional features. The applicant purchased additional property to the south of the original project site to utilize an existing gravel road as part of the proposed Bennet Grove Drive. There are 0.115 acre of onsite wetlands of which none are proposed to be permanently impacted. There are 1,248 linear feet of stream onsite of which only 75 linear feet are proposed to be permanently impacted, 12 linear feet are proposed to be permanently impacted, but not permanent loss (rip rap placement) and 29 linear feet of temporary impact. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Construction fencing will be used to define the construction corridor and prevent any accidental, additional impacts. The construction of the project will be phased so as to prevent large areas of land disturbance that could contribute to sediment runoff into the streams and wetlands. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? Yes No 2b. If this project DOES NOT require Compensatory Mitigation, explain why: The applicants purchased property to the south of the original assemblage to redesign the project and reduce overall impacts by crossing a single stream instead of two streams and utilizing an existing driveway. Proposed redesigned impacts are below compensatory mitigation thresholds. F. Stormwater Management and Diffuse Flow Plan (required by DWR) 1. Diffuse Flow Plan la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? Yes No What type of SCM are you providing? Level Spreader Vegetated Conveyance (lower SHWT) Wetland Swale (higher SHWT) Other SCM that removes minimum 30% nitrogen Proposed project will not create concentrated stormwater flow through the buffer 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? * Yes No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? Yes No Comments: This project is subject to the Falls Lake stormwater rules, and minimum lot size is approximately —29,000 sq. ft. with 6,500 sq. ft. proposed maximum impervious area per lot. 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? * Yes No 2. Violations (DWR Requirement) 2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 2B .0200)?* Yes No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project result in additional development, which could impact nearby downstream water quality?* Yes No 3b. If you answered "no," provide a short narrative description. Per the NC DWQ April 2004 Version 2.1 Cumulative Impacts policy, small scale residential development projects have a "low potential for cumulative impact" since the project already in a developed landscape (i.e. existing residences and development in the vicinity) and the area already contains the necessary infrastructure (i.e. sewer, water, electricity, etc.). The project drains to West Prong New Light Creek, which is Water Supply IV (WS-IV); Nutrient Sensitive Waters (NSW), (i.e. not HQW or ORW). We anticipate the NCDWR will advise us if a qualitative or quantitative analysis is needed. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* Yes No 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. The proposed lots will all be serviced by individual wells and individual septic systems. 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or habitat?* Yes No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* Yes No 5d. Is another Federal agency involved?* Yes 5e. Is this a DOT project located within Division's 1-8? Yes No No Unknown 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? Yes No 5g. Does this project involve bridge maintenance or removal? Yes No 5h. Does this project involve the construction/installation of a wind turbine(s)?* Yes 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.? Yes No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? A review of the NC Natural Heritage Program dated July 22, 2021, lists no federally listed T&E species on or within 1.0-mile of the Site. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* Yes No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* The proposed project is in Granville County which is not near any coastal or tidal habitat which would support EFH (i.e., salt marshes, oyster reefs, etc.). 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?* Yes No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* The Site itself is not listed as a historic property. There is one historic property located within 1.0 mile of the Site based on a query of the North Carolina State Historic Preservation Office (NCSHPO) database. This property is listed as "Study List Individual entry". Figure 4 depicts the locations of these properties in relation to the Site. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain?* Yes No 8c. What source(s) did you use to make the floodplain determination?* FEMA FIRM Panel 3720182400K, effective on 04/16/2013 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. Click the upload button or drag and drop files here to attach document Aubrie Place Subdivision PCN Supplemental Information.pdf 10.38MB File must be PDF or KMZ Comments Pre -construction Notification (PCN) Application Form PCN Cover Letter Agent Authorization Form Figure 1-USGS Site Vicinity Map Figure 2-Soil Survey Site Vicinity Map Figure 3-PJD Wetland Sketch Map Figure 4-NCSHPO Map NCNHP Database Report USACE PJD Approval DWR Buffer Determination SAW-2021-02598 General Permit Verification DWR 20220435 Approval of Individual 401 Water Quality Certification DWR 20220435 Approval of Neuse River Basin Riparian Buffer Impacts with Additional Conditions REVISED Impact Maps Notice of Intent to File a Permit Application Signature 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: Nicole J. Thomson, PWS Signature Date 12/22/2022 SAGE ECOLOGICAL SERVICES E5 .21116 December 22, 2022 US Army Corps of Engineers Raleigh Regulatory Office Attn: Ms. April Norton 3331 Heritage Trade Drive, Suite 105 Wake Forest, NC 27587 Re: Aubrie Place Subdivision (resubmittal) Request for NWP 29, GC 4226 and Buffer Authorization USACE SAW-2021-02598/DWR Project No. 20220435 Sage Project #2021.105 NC Division of Water Resources 401 & Buffer Permitting Unit 512 N. Salisbury Street Raleigh, NC 27604 On behalf of Derrick and Shinese Bennett (applicants), please find attached a REVISED complete application and supplemental information requesting written concurrence from the US Army Corps of Engineers (USACE) that the activities associated with the proposed development of the Aubrie Place Subdivision (Project) may proceed under Nationwide Permit (NWP) 29, General Certification 4256 (GC 4256) and buffer authorization. Protect Purpose and Location The overall project purpose is development of a residential subdivision. The +/16.82-acre tract is located +/- 0.33 mile south of the intersection of Bruce Garner Road and Woodland Church Road, in Wake Forest, Brassfield Township, Granville County, NC. The coordinates of 36.0757°N, 78.5718°W generally correspond to the center of the Site. Protect Detail The proposed Project consists of the construction of a residential subdivision with associated roads and driveways. Each lot will have an individual well and septic system. Access to the Site will be provided via Woodland Church Road along the eastern property line. Heavy equipment typically used for utility installation projects (e.g. backhoes, bulldozers, etc.) will be utilized. A review of the NC Natural Heritage Program dated July 22, 2021, lists no federally listed T&E species on or within 1.0-mile of the Site. The Site itself is not listed as a historic property. There is one historic property located within 1.0 mile of the Site based on a query of the North Carolina State Historic Preservation Office (NCSHPO) database. This property is listed as "Study List Individual entry". Figure 4 depicts the locations of these properties in relation to the Site. NCSHPO may have comments during the permitting process but their comments should not prohibit the proposed activities on the Site. Project History The Site is undeveloped and contains forested areas along the drainages while the majority of the Site has been logged recently and is in dense herbaceous and shrub cover. There are three structures on the evaluated site. Evidence of past silvicultural operations on the Site include cleared areas visible in aerial imagery. Where it exists, the tree canopy consists of mature pines and hardwood trees. The topography of the Site ranges from a low point of +/- 400 feet above mean sea level (msl) at the middle southern property corner where the drainage exits the Site, to a high point of +/- 450 feet msl in the northwestern corner of the Site. Surrounding areas are mostly wooded with a few stand alone residences. A Pre -Jurisdictional Determination (PJD) was approved by the USACE via email on January 11, 2022, and a NCDWR Buffer Determination letter was issued on January 7, Aubrie Place Subdivision Page 1 of 2 2022 (see attached). Previously, a permit application was submitted and approved by the USACE on 09/09/2022 (SAW-2021-02598, attached) and by NC DWR on 08/31/2022 (DWR #20220435, atttached). The previously authorized impacts included 0.035 acres of permanent wetland fill due to a road crossing, 154 linear feet (0.02 acres) of permanent loss of stream channel and 24 linear feet (0.003 acres) of permanent impact, but no permanent loss of channel due to rip rap placement. The applicant was able to purchase additional property to the south of the proposed Site and has since redesigned the site plan to use an existing driveway crossing thereby eliminating permanent impacts to wetlands and reducing overall permanent stream impacts to 75 linear feet (0.012 acres) of permanent stream impact, 12 linear feet (0.002 acres) of permanent impact, but no permanent loss of channel due to rip rap placement and 29 linear feet (0.005 acres) of temporary impact due to impervious dike placement and concurrent dewatering for the culvert installation. Avoidance and Minimization Roads and lots were positioned to reduce impacts to streams and wetlands on the Site. The road crossings were designed to cross perpendicular to the jurisdictional features. The applicant purchased additional property to the south of the original project site to utilize an existing gravel road as part of the proposed Bennet Grove Drive. There are 0.115 acre of onsite wetlands of which none are proposed to be permanently impacted. There are 1,248 linear feet of stream onsite of which only 75 linear feet are proposed to be permanently impacted, 12 linear feet are proposed to be permanently impacted, but not permanent loss (rip rap placement) and 29 linear feet of temporary impact. Construction fencing will be used to define the construction corridor and prevent any accidental additional impacts, while silt fencing will be installed to provide additional protection from runoff. Project Impacts The are no proposed permanent wetland impacts, 75 linear feet of proposed permanent stream impacts, 12 linear feet of permanent but no loss stream impacts and 29 linear feet of temporary stream impacts. There are also 4,609 square feet of permanent proposed Zone 1 buffer impacts and 2,608 square feet of permanent proposed Zone 2 buffer impacts. Mitigation There are no proposed wetland impacts. Proposed stream and buffer impacts are below mitigation thresholds. If you have any questions, please call me at (919) 559-1537. Sincerely, Respectfully submitted: Sean Clark Sage Ecological Services, Inc. Attachments: Nicole J. homson, PWS Sage Ecological Services, Inc. Pre -construction Notification (PCN) Application Form PCN Cover Letter Agent Authorization Form Figure 1-USGS Site Vicinity Map Figure 2-Soil Survey Site Vicinity Map Figure 3-PJD Wetland Sketch Map Figure 4-NCSHPO Map NCNHP Database Report USACE PJD Approval DWR Buffer Determination SAW-2021-02598 General Permit Verification DWR 20220435 Approval of Individual 401 Water Quality Certification DWR 20220435 Approval of Neuse River Basin Riparian Buffer Impacts with Additional Conditions REVISED Impact Maps Notice of Intent to File a Permit Application Aubrie Place Subdivision Page 2 of 2 SAGE ECOLOGICAL SERVICES EST, 2016 AGENT AUTHORIZATION FORM All Blanks to Be Filled in By the Current Landowner or Legal Representative Name: Derrick & Shinese Bennett Address: P.O. Box 121 Garysburg, NC 27831 Phone: Email: bennettd4909@gmail.com Project Name/Description: Woodland Church Road Subdivision Sage Project # 2021.105 Date: The Department of the Army U.S. Army Corps of Engineers, Wilmington District P.O. Box 1890 Wilmington, NC 28402 Attn: Field Office: Re: Wetlands and Streams Related Consulting and Permitting To Whom It May Concern: I, the undersigned, the owner or a duly authorized representative of record of the property/properties identified herein, do authorize representatives of the U.S. Army Corps of Engineers (Corps) to enter upon the property herein described for the purpose of conducting on -site investigations and issuing a determination associated with Waters of the U.S. subject to Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. I also hereby designate and authorize Sage Ecological Services to act on my behalf as my agent in the processing of permit applications, to furnish upon request supplemental information in support of applications, etc. from this day forward. This notification supersedes any previous correspondence concerning the agent for this project. Notice: This authorization, for liability and professional courtesy reasons, is valid only for government officials to enter the property when accompanied by Sage staff. Please contact Sage to arrange a meeting prior to visiting the site. i Derrick Bennett Print Name of Landowner or Legal Representative BY: Signature of Landowner or Legal Representative Project Study Area IV142[J L.UL,42LIVII Person Vance Granville Orange • Franklin Durham rha Wake Feature B L% USGS Topographic Map Figure 1 Woodland Church Road Subdivision Sage Project# 2021.105 N Grissom, NC Quadrant USGS Topo MapServer, 2021 Map Prepared by: K. Hamlin 11 July 22, 2021 Sage Ecological Services, Inc. 0 500 1,000 Office: 919-335-6757 Feet Cell: 919-559-1537 Y * F .r �Y "Jig ti � i M1 Rik � r� ~ �. � � � �� �al� L'} � r'L l� r � Y - - -� .i w 9 4r: a * }.,�.k'°�� err • F � .1 sY a- ��� • y i � II � � �,�ra . L t Feature B l a ' ill � __ _� Feature r 01 y •' �� �T ,�� I L! ry 1� Pi f m . .i ~s- r r , Feature C' + x 0 ti • PJ�� 1• l L !lati4 I k Y Project Study Area _ ■ Iv142N L.UL.aIaVII Person Vance Granville Orange • Franklin Durham Wake NRCS Soil Survey Map Woodland Church Road Subdivision Sage Project # 2021.105 N Granville County Soil Survey, 1997 Sheet #16, Grissom Map Prepared by: K. Hamlin July 22, 2021 0 500 1,000 Feet Figure 2 Sage Ecological Services, Inc. Office:919-335-6757 Cell: 919-559-1537 OJ r;iY_ srko-" - �'r�.l' ;f _+ '�{, '*�'s� �d\„ �Yl1�i,1 .ar^ •�' •+•}'_•_. 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Sike House - GVO Du rr Hatt $ t 3 Q�Gc Gti Q Project Study Area Q 1-Mile Project Buffer NCSHPO Status Study List individual entry F IV142 J L-UL.auVII Person Vance T Granville Franklin , Wake a nu+sf nr n C, parn Shea, ,, NCSHPO Map Woodland Church Road Subdivision Sage Project # 2021.105 N Prepared by: K. Hamlin January 10, 2022 0 1,000 2,000 Feet o filJyc Rd Dr a A m Figure 4 Ila Sage Ecological Services, Inc. Office:919-335-6757 Cell: 919-559-1537 n i s� �I ■ now ■■ ■ NC DEPARTMENT OF ■■�■i NATURAL AND CULTURAL RESOURCES ■ ■■■ July 22, 2021 Sean Clark Sage Ecological Services 3707 Swift Drive Raleigh, NC 27606-2543 RE: Woodland Church Road Subdivision; 2021.105 Dear Sean Clark: Ray Cooper, Governor D. Reid Wilson, Secretary Walker Clark Director, Division of Land and Water5tewwdship NCNHDE-15182 The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. A query of the NCNHP database, based on the project area mapped with your request, indicates that there are no records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project boundary, or within a one -mile radius of the project boundary. Please note that although there may be no documentation of natural heritage elements within or near the project boundary, it does not imply or confirm their absence; the area may not have been surveyed. The results of this query should not be substituted for field surveys where suitable habitat exists. In the event that rare species are found within the project area, please contact the NCNHP so that we may update our records. Please also note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may also not be redistributed without permission. If you have questions regarding the information provided in this letter or need additional assistance, please contact Rodney A. Butler at rod ney.butler�ncdcr.gov or 919.707.8603. Sincerely, NC Natural Heritage Program DEPAR7HEN7 OF NATURAL AND CULTURAL RESOURCES 121 W. JONES STREET. RALEIGH. NC 27603 • 1691 MAIL SERVICE CENTER. RALEIGH. NC 27609 OFC 919.707.9120 • FAX 919.707.9121 L 0 r� v / 0/� m '^0 U L U m 0 N 00 T— '� LO T- I W Z U z o - a m Ga �ysYs - s� °b r ga F � 0 ud aya,Ma� t .ate y �a Sean Clark From: Norton, April R CIV USARMY CESAW (USA) <April.R.Norton@usace.army.mil> Sent: Tuesday, January 11, 2022 11:29 AM To: Cory Darnell Cc: Sean Clark Subject: SAW-2021-02598 (Woodland Church Road Subdivision) PJD Concurrence Attachments: SAW-2021-02598 Wetland and Stream Sketch Map.pdf Dear Cory Darnell, Reference is made to Corps Action ID: SAW-2021-02598. Please reference this number on any correspondence regarding this action. We have reviewed the information provided by you concerning the aquatic resources, and by copy of this e-mail, are confirming that the aquatic resources delineation has been verified by the Corps to be a sufficiently accurate and reliable representation of the location and extent of aquatic resources within the identified review area. The location and extent of these aquatic resources are shown on the delineation map entitled, "Wetland and Stream Sketch Map" and dated 8 12 2021. Regulatory Guidance Letter (RGL) 16-01 https://usace.contentdm.ocic.org/utils/getfile/collection/pl602lco119/id/1256 provides guidance for Jurisdictional Determinations (JD) and states, "The Corps generally does not issue a JD of any type where no JD has been requested." Currently, we are only verifying the delineation. This delineation may be relied upon for use in the permit evaluation process, including determining compensatory mitigation. This verification does not address nor include any consideration for geographic jurisdiction on aquatic resources and shall not be interpreted as such. This delineation verification is not an Approved Jurisdictional Determination (AJD) and is not an appealable action under the Regulatory Program Administrative Appeal Process (33 CFR Part 331). However, you may request an AJD, which is ar appealable action. If you wish to receive a Preliminary Jurisdictional Determination (PJD), or an Approved Jurisdictional Determination (AJD) please respond accordingly, otherwise nothing further is required and we will not provide any additional documentation. **Due to workload volume, it may take 90 - 120 days or more for the issuance of a standalone JD; however, you may use the delineation for planning and permitting purposes. Thank you, April Norton April R. Norton Regulatory Division US Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 Phone: (919) 441-3637 Fax: (919) 562-0421 Email: April. R.Norton@usace.army.miI WOODLAND CHCH UR .._ . �l:: '• j LL o m � V *1 .. W.._._ .. . I' i� *�'„"► Z —r c a g N C Y N N N o o T04 'o d N 7 O (0 7 Ai L CL 7 U � c -0 o" I Q f° n m N 0 3 E2 a ROY COOPER Governor ELIZABETH S. B1SER Secretary S. DANIEL SMITH Director Bennett, Derrick & Shinese PO Box 121 Garysburg, NC 27831 NORTH CAROLINA Environmental Quality January 71, 2022 Subject: Buffer Determination Letter NBRRO #21-459 vranviue Determination Type: Buffer Intermittent/Perennial ® Neuse (15A NCAC 2B .0714) ❑ Tar -Pamlico (15A NCAC 213 .0734) ❑ Intermittent/Perennial Determination (where local buffer ordinances apply) ElJordan (15A NCAC 2B .0267) (governmental and/or interjurisdictional projects) Project Name: Woodland Church Road Property Address/Location: 1155, 1161, 1169 Woodland Church Rd., Wake Forest, NC Stream(s): West Prong New Light Creek Determination Date: 1/6/2022 Staff.• Josh Bri ham Stream Feature E/I/Plil Not Subject(�) Subject Start@ p@ Sto Soil Survey USGS To o A X Off project Feature B X X boundary B X Subject throughout project boundary X C X X (1) E = Ephemeral, I = Intermittent, P = Perennial, NP = Not Present, NE = Not Evaluated (2) Refers to State riparian buffer rules only. Stream, wetland, or pond impacts are still subject to applicable water quality standards and permitting requirements. Explanation: The stream(s)/pond(s) listed above has been located on the most recent published NRCS Soil Survey of Granville County, North Carolina and/or the most recent copy of the USGS Topographic map at a 1: 24,000 EQ North Carolina Department of Environmental Quality I Division of Water Resources Raleigh Regional Office 13800 Barrett Drive I Raleigh, North Carolina 27609 919.791.4200 Woodland Church Road Property Granville County 1 /7/2022 Page 2 of 2 scale. Each feature that is checked "Not Subject" has been determined to not be an intermittent stream, perennial stream, a pond connected to a stream feature, or the feature is determined not to be present. Stream features that are checked "Subject' have been located on the property and possess characteristics that qualify it to be subject to the buffer rules. There may be other streams located on the property that do not show up on the maps referenced above and are therefore not subject to the buffer rules. However, if the stream features are present on the tract they are subject to all other applicable North Carolina stream standards and permitting requirements as outlined in 15A NCAC 02B and may be considered jurisdictional according to the US Army Corps of Engineers. This on -site determination shall expire five (5) years from the date of this letter. Landowners or affected parties that dispute a determination made by the DWR may request a determination by the Director. An appeal request must be made within sixty (60) days of date of this letter. A request for a determination by the Director shall be referred to the Director in writing. If sending via US Postal Service: c/o Paul Wojoski; DWR — 401 & Buffer Permitting Unit; 1617 Mail Service Center, Raleigh, NC 27699-1617. If sending via delivery service (UPS, FedEx, etc.): Paul Wojoski; DWR — 401 & Buffer Permitting Unit; 512 N. Salisbury Street, Raleigh, NC 27604. This determination is final and binding unless, as detailed above, an appeal is requested within sixty (60) days. This project may require a Section 404/401 Permit for the proposed activity. Any inquiries should be directed to the US Army Corp of Engineers (Raleigh Regulatory Field Office) at (919)-554-4884. If you have questions regarding this determination, please feel free to contact Josh Brigham at (919) 79IA251. Sincerely, yrat�� F. 110-4 Y1 Scott Vinson, Regional Supervisor (� Water Quality Regional Operations Section Raleigh Regional Office, Division of Water Resources, NCDEQ cc: RRO DWR File Copy Laserfiche Consultant via email, Sean Clark, Sage Ecological Services, SClark@sa eg ecological.com North Carolina Department of Environmental Quality I Division of Water Resources I Raleigh Regional Office 3800 Barrett Drive 11628 Mail Service Center I Raleigh, North Carolina 27699-1628 919.791.4200 Woodland Church Road Property Granville County, NC-DWR Project # 21-459 110 -I'B C A NRCS Soil Survey Sheet 16 5TgTpa Base map provided by Sage Granville Co., NC 1997 ,� Ecological Legend' __ :: Locations are approximate -project boundary Q and are provided for refer- �n ILJA`I ,���, cnce only :: JI Woodland Church Road Property Granville County, NC-DWR Project # 21-459 Subject USGS Topographical Map �a.5rA7Fa, Base map provided by Sage a "way' Grissom quadrangle 2019 Ecological ,�3y e Legend'_' Locations are approximate and are provided for refer- -Project boundary Q .R enceonly:: U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2021-02598 County: Granville U.S.G.S. Quad: NC -Grissom GENERAL PERNHT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Derrick and Shinese Bennett Address: PO Box 121 Garvsburg, North Carolina 27831 Telephone Number: 252.326.4909 E-mail: sclark(&sageecolo0cal.com Size (acres) —25.06 Nearest Waterway New Light Creek USGS HUC 03020201 Nearest Town Wake Forest River Basin Neuse Coordinates Latitude:36.0757 Longitude:-78.5718 Location description: The project area is located at 1161 and 1169 Woodland Church Road in Wake Forest, Granville County, North Carolina. Description of projects area and activity: This verification authorizes the permanent discharge of fill material into 0.035 acre of riparian, non-riverine wetlands and into 178 linear feet (0.025 acre) of stream channel, with 154 linear feet (0.02 acre) resulting in a loss of waters to the United States (WOUS) and 24 linear feet (0.003 acre) resulting in no net loss of WOUS due to riprap placement. This proiect will also require the temporary discharge of fill material into 0.002 acre of riparian, non-riverine wetlands and 88 linear feet (.012 acre) of stream channel. These impacts are necessary for the Woodland Church Road Subdivision development. Applicable Law(s): ❑X 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 3/16/2022, with subsequent information received on 5/4/2022, and 8/4/2022, and the enclosed plans "Permitting Exhibits" dated 8/2/2022. 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 I administrative penalty, and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide and/or 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 April Norton at 919-441-3637or April.R.Norton(&usace.armv.mil. Corps Regulatory Official: �� lie ��� Date: 09/09/2022 Expiration Date of Verification: 3/15/2026 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: Sage Ecological Services, Inc. Attn: Sean Clark Address: 3707 Swift Drive Raleigh, North Carolina 27606 Telephone Number: 919.608.3156 E-mail: sclark(&sageecolo0cal.com SAW-2021-02598 SPECIAL CONDITIONS a. 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. Action ID Number: SAW-2021-02598 County: Granville Permittee: Derrick and Shinese Bennett Project Name: Woodland Church Road Date Verification Issued: 09/09/2022 Project Manager: April Norton 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: April Norton Raleigh Regulatory Office U.S Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 or April.R.Norton@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 U.S. ARMY CORPS OF ENGINEERS Wilmington District Compensatory Mitigation Responsibility Transfer Form Permittee: Derrick and Shinese Bennett Project Name: Woodland Church Road Action ID: SAW-2021-02598 County: Granville 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 Wilmington District 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 verifies that the mitigation requirements (credits) shown below have been released and are available at the identified site. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of whether 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 ledger to the Permittee, the Project Manager who issued the permit, the Bank Project Manager, and the 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: 03020201, Neuse River Basin Stream Impacts (linear feet) Wetland Impacts (acres) Warm Cool Cold Riparian Riverine FRiparian Non-Riverine Non -Riparian Coastal 154 *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: 03020201, Neuse River Basin Stream Mitigation (credits) Wetland Mitigation (credits) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non -Riparian Coastal 308 Mitigation Site Debited: RES — Neu -Con Wetland & Stream Umbrella Mitigation Bank - Poplar Creek and Uzzle Sites (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 Wilmington District, 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 Page 1 of 2 Form Version 10 June 2020 updated CESAW-RG (File Number, SAW-2021-02598) Conditions for Transfer of Compensatory Mitigation Credit: • Once this document has been signed by the Mitigation Sponsor and the District 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 District 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. When NCDMS provides mitigation 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 NCDMS must be provided to the District within 30 days of permit issuance. NCDOT remains fully responsible for the mitigation until the District 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 District 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 District, the Sponsor must obtain case -by -case approval from the District 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 District administrative records for both the permit and the Bank/ILF Instrument. Comments/Additional Conditions: A letter from RES, confirming they are willing and able to accept the applicant's compensatory mitigation responsibility, dated 9/17/2022 was included with the preconstruction notification. This form is not valid unless signed below by the District 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 District Project Manager at the address below, 3) the Bank Manager listed in RIBITS, and 4) the Wilmington District Mitigation Office, 3331 Heritage Trade Drive, Suite 105, Wake Forest, NC 27587 (or by email to SAWMIT@usace.army. mi). Questions regarding this form or any of the permit conditions may be directed to the District Mitigation Office. USACE Project Manager: April Norton USACE Field Office: Raleigh Regulatory Office US Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 Email: April.R.Norton@usace.army.mil USACE Project Manager Signature 09/27/2022 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.mi1. DocuSign Envelope ID: 05D88A91-D3CE-48F9-89C0-4A23E7C33D68 ROY COOPER Governor ELIZABETH S. BISER Secretary RICHAM E. ROGERS, JR. Director August 31, 2022 NORTH CAROLINA Environmental Quality DWR # 20220435 Granville County Derrick and Shinese Bennett PO Box 121 Garysburg, NC 27831 Subject: Approval of Individual 401 Water Quality Certification Woodland Church Rd USACE Action ID. No. SAW- 2021-02598 Dear Derrick and Shinese Bennett: Attached hereto is a copy of Certification No. 5138 issued to Derrick and Shinese Bennett, dated August 31, 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. 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. D E Q �J North Carolina Department of Environmental Quality I Division of Water Resources Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609 NORTH C of Envi A a 919.791.4200 Deparlmem of Envlronmenml Duali� DocuSign Envelope ID: 05D88A91-D3CE-48F9-89C0-4A23E7C33D68 Woodland Church Rd DWR# 20220435 Individual Certification #WQC005138 Page 2 of 14 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 15013-23(a). This letter completes the Division's review under section 401 of the Clean Water Act and 15A NCAC 02H .0500. Please contact Colleen Cohn at 919-791-4258 or Colleen. Cohn&ncdenr.gov if you have any questions or concerns. Sincerely, DocuSigned by: So f Uiwsbvl, BCDMD825D4MIGD... Scott Vinson, Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ cc: Sean Clark, Sage Ecological Services (via email) April Norton, USACE Raleigh Regulatory Field Office (via email) Gabriela Garrison, NC Wildlife Resources Commission (via email) DWR 401 & Buffer Permitting Branch Electronic file Nikki Thomson, Sage Ecological Services (via email) NORTH CAROLINA 401 WATER QUALITY CERTIFICATION D E Q � North Carolina Department of Environmental Quality I Division of Water Resources Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609 NORTH CAROLINA 919.791.4200 Depa"mem of Environmental Duality DocuSign Envelope ID: 05D88A91-D3CE-48F9-89C0-4A23E7C33D68 Woodland Church Rd DWR# 20220435 Individual Certification #WQC005138 Page 3 of 14 CERTIFICATION 95138 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 021-1.0500 and 15A NCAC 02B .0200, to Derrick and Shinese Bennett, who have authorization for the impacts listed below, as described within your application received by the N.C. Division of Water Resources (Division) on March 16, 2022, and payment received March 17, 2022, with additional information received on the following dates: July 12, 2022, and August 4, 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: W1: Road Crossing 0.030 (acres) 0.001 (acres) W2: Road Crossing — Rip Rap 0.005 acres 0.001 acres 404/401 Streams: S1: Road Crossing — Culvert 88 (linear feet) 38 (linear feet) S2: Road Crossing — Rip Rap 10 (linear feet) 0 (linear feet) S3: Road Crossing — Culvert 66 (linear feet) 50 (linear feet) S4: Road Crossing — Rip Rap 14 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) The Permittee shall secure an approved stormwater management plan (SMP) from the locally delegated government stormwater program or state stormwater program before any impacts authorized in this certification occur. 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. 2) If this Water Quality Certification is used to access residential, commercial or industrial building sites, then all parcels owned by the permittee that are part of the single and complete project authorized by this Certification must be buildable without additional impacts to streams or wetlands. Citation: 15A NCAC 02H.0502(a);15A NCAC 02H.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 ofstandards or would result in secondary or NORTH CAROLMAD_E Q f Depa"mem of Enelmnmental Quality 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: 05D88A91-D3CE-48F9-89C0-4A23E7C33D68 Woodland Church Rd DWR# 20220435 Individual Certification #WQC005138 Page 4 of 14 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 ofstandards 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 ofstandards 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 ofstandards 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 Conditions shall apply to those impacts. a) All sewer lines shall be designed, constructed and maintained in accordance with Title 15A NCAC Chapter 02T, applicable Minimum Design Criteria (MDC), and/or Alternative Design Criteria. Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c) Justification: The referenced Minimum Design criteria and 02T rules were adopted to ensure that conditions of waters be suitable for all best uses provided for in state rule D E Q � North Carolina Department of Environmental Quality I Division of Water Resources Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609 NORTH CAROLINA 919.791.4200 Depa"mem of Environmental Duality DocuSign Envelope ID: 05D88A91-D3CE-48F9-89C0-4A23E7C33D68 Woodland Church Rd DWR# 20220435 Individual Certification #WQC005138 Page 5 of 14 (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 ofstandards 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 ofstandards 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 ofstandards or would result in secondary or cumulative impacts. e) Permanent maintained access corridors in wetlands and across stream channels shall be restricted to the minimum width practicable and shall not exceed 30 feet wide except at manhole locations. Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c) Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. In determining that the proposed activity will comply with state water quality standards (including designated uses, numeric criteria, narrative criteria and the state's antidegradation policy), the Division must evaluate if the activity has avoided D E Q � North Carolina Department of Environmental Quality I Division of Water Resources Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609 NORTH CAROLINA 919.791.4200 Depanmem of Environmental Duality DocuSign Envelope ID: 05D88A91-D3CE-48F9-89C0-4A23E7C33D68 Woodland Church Rd DWR# 20220435 Individual Certification #WQC005138 Page 6 of 14 and minimized impacts to waters, would cause or contribute to a violation ofstandards or would result in secondary or cumulative impacts. f) For all utility lines constructed within wetlands, an anti -seep collar shall be placed at the downstream (utility line gradient) wetland boundary and every 150 feet up the gradient until the utility exits the wetland. Anti -seep collars may be constructed with class B concrete, compacted clay, PVC pipe, or metal collars. Wetland crossings that are directionally drilled, and perpendicular wetland crossings that are open cut and less than 150 feet long do not require anti -seep collars. The compacted clay shall have a specific infiltration of 1 X 10' cm/sec or less. See Water Quality General Certification No. 4256 for a section and plan view diagram for the anti -seep collars. The following specifications shall apply to class B concrete: i) Minimum cement content, sacks per cubic yard with rounded coarse aggregate 5.0 11) Minimum cement content, sacks per cubic yard with angular coarse aggregate 5.5 111) 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 ofstandards or would result in secondary or cumulative impacts. g) The permittee shall have a specific plan for restoring wetland contours to pre -construction conditions. Any excess material will be removed to a high ground disposal area. The mixing of topsoil and subsoils within the wetlands along utility corridors shall be minimized to the greatest extent practical. During excavation, the soils shall be placed on fabric to minimize impacts whenever possible. Topsoil excavated from utility trenches will be piled separately from subsoils and will be backfilled into the trench only after the subsoils have been placed and compacted. Citation: 15A NCAC 02H . 0506(b); 15A NCAC 02H . 0507(c) Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. In determining that the proposed activity will comply with state water quality standards (including designated uses, numeric criteria, narrative criteria and the state's antidegradation policy), the Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation ofstandards 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 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) NORTH CAROLMAD_ E Q f Depa"mem of Enelmnmental Quality 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: 05D88A91-D3CE-48F9-89C0-4A23E7C33D68 Woodland Church Rd DWR# 20220435 Individual Certification #WQC005138 Page 7 of 14 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 NORTH CAROLMAD_ E Q f Depa"mem of Enelmnmental Quality 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: 05D88A91-D3CE-48F9-89C0-4A23E7C33D68 Woodland Church Rd DWR# 20220435 Individual Certification #WQC005138 Page 8 of 14 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 ofstandards, or would result in secondary or cumulative impacts. NORTH CAROLMAD_ E Q f Depa"mem of Enelmnmental Quality 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: 05D88A91-D3CE-48F9-89C0-4A23E7C33D68 Woodland Church Rd DWR# 20220435 Individual Certification #WQC005138 Page 9 of 14 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 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 D E Q � North Carolina Department of Environmental Quality I Division of Water Resources Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609 NORTH CAROLINA 919.791.4200 Depa"mem of Environmental Duality DocuSign Envelope ID: 05D88A91-D3CE-48F9-89C0-4A23E7C33D68 Woodland Church Rd DWR# 20220435 Individual Certification #WQC005138 Page 10 of 14 the depth of the stream in connection with the construction activity. The width, height, and gradient of a proposed culvert shall be such as to pass the average historical low flow and spring flow without adversely altering flow velocity. If the width of the culvert is wider than the stream channel, the culvert shall include multiple boxes/pipes, baffles, benches and/or sills to maintain the natural width of the stream channel. If multiple culverts/pipes/barrels are used, low flows shall be accommodated in one culvert/pipe and additional culverts/pipes shall be installed such that they receive only flows above bankfull. Placement of culverts and other structures in streams shall be below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20% of the culvert diameter for culverts having a diameter less than or equal to 48 inches, to allow low flow passage of water and aquatic life. If the culvert outlet is submerged within a pool or scour hole and designed to provide for aquatic passage, then culvert burial into the streambed is not required. For structures less than 72" in diameter/width, and topographic constraints indicate culvert slopes of greater than 2.5% culvert burial is not required, provided that all alternative options for flattening the slope have been investigated and aquatic life movement/connectivity has been provided when possible (e.g. rock ladders, cross -vanes, sills, baffles etc.). Notification, including supporting documentation to include a location map of the culvert, culvert profile drawings, and slope calculations, shall be provided to DWR 30 calendar days prior to the installation of the culvert. 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 D E Q Jl North Carolina Department of Environmental Quality I Division of Water Resources !� Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609 NORTH CAROLINA 919.791.4200 Depanmem of Environmental Duality DocuSign Envelope ID: 05D88A91-D3CE-48F9-89C0-4A23E7C33D68 Woodland Church Rd DWR# 20220435 Individual Certification #WQC005138 Page 11 of 14 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. 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. D E Q J/ North Carolina Department of Environmental Quality I Division of Water Resources !� Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609 NORTH CAROLINA 919.791.4200 Depa"mem of Environmental Duality DocuSign Envelope ID: 05D88A91-D3CE-48F9-89C0-4A23E7C33D68 Woodland Church Rd DWR# 20220435 Individual Certification #WQC005138 Page 12 of 14 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 ofstandards, 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 ofstandards, 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. D E Q � North Carolina Department of Environmental Quality I Division of Water Resources Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609 NORTH CAROLINA 919.791.4200 Depa"mem of Environmental Duality DocuSign Envelope ID: 05D88A91-D3CE-48F9-89C0-4A23E7C33D68 Woodland Church Rd DWR# 20220435 Individual Certification #WQC005138 Page 13 of 14 Citation: 15A NCAC 02H.0507(c); N.C.G.S 143-215.85(b) Justification: Person(s) owning or having control over oil or other substances upon notice of discharge must immediately notify the Department, or any of its agents or employees, of the 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 31 st day of August 2022 DocuSigned by: Scoff Vil'so, BCDA9D825D4A46D... Scott Vinson, Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ CMC WQC005138 D E Q � North Carolina Department of Environmental Quality I Division of Water Resources Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609 NORTH CAROLINA 919.791.4200 Depanmem of Environmental Duality DocuSign Envelope ID: 05D88A91-D3CE-48F9-89C0-4A23E7C33D68 Woodland Church Rd DWR# 20220435 NORTH CAROLMAD_ E Q f Depenmmn of Enelmnmental Quality Individual Certification #WQC005138 Page 14 of 14 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: 05D88A91-D3CE-48F9-89C0-4A23E7C33D68 ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director August 31, 2022 Derrick and Shinese Bennett PO Box 121 Garysburg, NC 27831 NORTH CAROLINA Environmental Quality DWR # 20220435 Granville County Subject: APPROVAL OF NEUSE RIVER BASIN RIPARIAN BUFFER IMPACTS WITH ADDITIONAL CONDITIONS Woodland Church Rd Dear Derrick and Shinese Bennett: You have our approval for the impacts listed below for the purpose described in your application dated March 16, 2022, received by the Division of Water Resources (Division) March 16, 2022, and with payment received March 17, 2022, and additional information received on July 12, 2022, and August 4, 2022. These impacts are covered by the Neuse River Buffer Rules and the conditions listed below. 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 Authorization shall expire when the corresponding 401 Water Quality Certification Approval DWR#20220435 expires. The following impacts are hereby approved, provided that all of the Conditions listed below, and all of the conditions of the Neuse River Buffer Rules are met. No other impacts are approved, including incidental impacts. [15A NCAC 02B Neuse .0611(b)(2)] Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Buffers — Zone 1 B1: Road Crossing 6,330 (square feet) 762 (square feet) 132: Road Crossing 5,455 (square feet) 1,178 (square feet) Buffers — Zone 2 BI: Road Crossing 3,850 (square feet 311 (square feet B2: Road Crossing 3,412 (square feet) 704 (square feet) 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 Authorization Certificate. If you change your project, you must notify the Division and you may be required to submit a new application package. If the property is sold, the new owner must be given a copy of this Authorization Certificate and is responsible for complying with all conditions. [15A NCAC 02B .0611(b)(2)] D E Q ,�/ North Carolina Department of Environmental Quality I Division of Water Resources v Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609 NORTH C of Envi A a 919.791.4200 Deparlmem of Envlronmenml Duali� DocuSign Envelope ID: 05D88A91-D3CE-48F9-89C0-4A23E7C33D68 Woodland Church Rd DWR# 20220435 Buffer Authorization Certificate Page 2 of 3 If you are unable to comply with any of the conditions below, 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 the conditions of this Authorization Certificate and/or any violation of state regulated riparian buffer rules [ 15A NCAC 02B .0714]. 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. This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] Upon the presentation of proper credentials, the Division may inspect the property. This Authorization Certificate can be contested as provided in Chapter 150B of the North Carolina General Statutes by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter 150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code. Additional information regarding requirements for filing a Petition and Petition forms may be accessed at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000. A party filing a Petition must serve a copy of the Petition on: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center 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 15013-23(a). This Authorization Certificate neither grants nor affirms any property right, license, or privilege in any lands or waters, or any right of use in any waters. This Authorization Certificate does not authorize any person to interfere with the riparian rights, littoral rights, or water use rights of any other person, nor does it create any prescriptive right or any right of priority regarding any usage of water. This Authorization Certificate 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 Authorization Certificate 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. D E Q �J North Carolina Department of Environmental Quality I Division of Water Resources Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609 NORTH C of Envi A a 919.791.4200 Deparlmem of Envlronmenml Duali� DocuSign Envelope ID: 05D88A91-D3CE-48F9-89C0-4A23E7C33D68 Woodland Church Rd DWR# 20220435 Buffer Authorization Certificate Page 3 of 3 This letter completes the review of the Division under the Neuse River Riparian Buffer Rules as described in 15A NCAC 02B .0714. Please contact Colleen Cohn at 919-791-4258 or Colleen. Cohnkncdenr.gov if you have any questions or concerns. Sincerely, DocuSigned by: BCDMD825D4A46D... Scott Vinson, Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ cc: DWR 401 & Buffer Permitting via Laserfiche Sean Clark, Sage Ecological Services (via email) D E Q �J North Carolina Department of Environmental Quality I Division of Water Resources Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609 NORTH C of Envi A a 919.791.4200 Deparlmem of Envlronmenml Duali� o aeo w m uz - W ry Oz:o w �o xF�" m ry W - N LL H o - - x w x x o W - 3 p~o � LU xg Uo� w Y ,Z _o _ _ _ z Up m z O U ' V o FLU <N 0� a X W ap o _ (L o �� tt 0 5 o>o p I II I I I I I 1 — 3N'd131O 10�1 — , o - 8 o 0 3 i o o o y---------------------- mm w 20 0z w �o W - "moo - - �� c�iz w I o W - o pHI O x5 ❑ry z - 5 a pm ZO 0- �LU a� 0 o a w W op o _ a o _ 0T z o w \ - o. III w e r� P M w yLL \ w w ol a� o — — � — aL n m aa� z w m 1 - \ p ='low r • m \ ` — Ho / - olo �o \ \VA\V A w , o m m — m F I /ice i•�•,�m I-� � � \ � � " � � \ ��'"si /// / xao "�✓ " m m 00 o� m o z \\ — ,�/l - o --- o o. o �s� = o „�i �6 . no oa _= go oo o o Ho o s a _ m aaE o_ ano Do m� o. fir" a3iinea wv3ais o=» a » -- ELEVATION - - �zwz oy d x w o o 3 z z z z o o�Qo w z a 3 zo. o -o8 0 0 0 3 3 x �'o o� 3 o T _ iaoo 3 u5 w w w a w a a ao _ "�� wx Ill z a ��G,3o�o- = �� � L oc O x two IwooEo f o I I I I� 1 1 wpm - ��wyz-aim x 1 1 0 5>:o>o�m�aoso�o�o� Iwo s mn �w=a ao =o - 111 J 1 1 N - 0 �on�a�av�LLav�==jai LLo=oo = - �o z= W o� o x 3 O I I 1 1 � I I I 1 1 O = k ry ill �I IIII 11 Z From: Nikki Thomson To: 401 PreFi le Cc: Sean Clark Subject: Aubrie Place Subdivision (aka Woodland Church Road) Sage Project No. 2021.105; DWR Project No. 20220435 Date: Sunday, October 16, 2022 6:07:00 PM To whom it may concern: Please let this email serve as notification that the applicant intends to file a new permit request for the above referenced project. The plans have been modified and will require a new authorization from the Department. Thank you Nikki Nicole Thomson, PWS Sage Ecological Services, Inc. nthomson@sageecological.com (919) 754-7806