20220972 Ver 1_USACE Permit_20230404

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/ DEPARTMENT OF THE ARMY
_ WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
April 3, 2023
Regulatory Division
Action ID: SAW-2022-00367
BCUS Acquisitions, LLC
Attn: Mr. E. William Meyer
4020 Westchase Boulevard, Suite 150
Raleigh, North Carolina 27607
Dear Mr. Meyer:
In accordance with your written request of June 30, 2022, and the ensuing
administrative record, enclosed is a copy of a permit to construct the Ammons single-
family residential development. These activities will permanently impact 573 linear feet
(If) of stream channel (145 If would be associated with riprap dissipator pads) and 1.36
acres of wetland, temporarily impact 241 If of stream channel and 0.285 acre of
wetland, and permanently convert 0.8 acre of wetland.
You should acknowledge that you accept the terms and conditions of the enclosed
permit by signing and dating in the space provided ("Permittee" on page 3). Your
signature, as permittee, indicates that, as consideration for the issuance of this permit,
you voluntarily accept and agree to comply with all of the terms and conditions of this
permit. All pages of the signed permit with drawings should then be returned to this
office for final authorization.
Title 33, Part 325.1(f), of the Code of Federal Regulations reads, in part, that, "A
$10 fee will be charged for permit applications when the work is noncommercial in
nature and provides personal benefits that have no connection with a commercial
enterprise...", and "A fee of $100 will be charged for permit applications when the
planned or ultimate purpose of the project is commercial or industrial in nature and is in
support of operations that charge for the production, distribution, or sale of goods or
services." As your application fits the latter category, you are requested to remit your
payment electronically via Pay.gov (https://www.pay.gov). Pay.gov instructions can be
found at https://usace.contentdm.ocic.org/utils/getfile/collection/pl6021 coII11/id/5786.
As an option, you may choose to pay with a check for $100, made payable to the
Finance and Accounting Officer, USAED, Wilmington.
This correspondence contains a proffered permit for the above -described site. If
you object to this decision, you may request an administrative appeal under Corps
regulations at 33 CFR part 331. Enclosed you will find a Notification of Appeal Process

(NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this
decision you must submit a completed RFA form to the following address:
District Engineer, Wilmington Regulatory Division
Attn: Samantha Dailey
69 Darlington Avenue
Wilmington, North Carolina 28403
In order for an RFA to be accepted by the Corps, the Corps must determine that it is
complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has
been received by the Division Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form, it must be received at the above address by May 13,
2023.
It is not necessary to submit an RFA form to the Division Office if you do not object
to the decision contained in this correspondence.
After the permit is authorized in this office, we will then return the signed permit to
you. If you have questions, please contact Ms. Samantha Dailey at the Charlotte
Regulatory Field Office, telephone [phone] or via email at
Samantha.J.Dailey(a)usace.army.mil.
Thank you in advance for completing our Customer Survey Form. This can be
accomplished by visiting our website at https://regulatory.ops.usace.army.mil/customer-
service-survey/ and completing the survey on-line. We value your comments and
appreciate your taking the time to complete a survey each time you interact with our
office.
Sincerely,
14V 4��'
Tommy Fennel
Chief, Regulatory Division
Wilmington District
Enclosures
E-Copy Furnished w/attachments:
Mr. Chris Huysman, Wetlands & Waters, Inc., [e-mail]
Mr. Todd Bowers, U.S. Environmental Protection Agency, [e-mail]
Ms. Sue Homewood, North Carolina Division of Water Resources,
[e-mail]

DEPARTMENT OF THE ARMY PERMIT
Permittee BCUS ACQUISITIONS, LLC
ATTN: MR. E. WILLIAM MEYER
Permit No. SAW-2022-00367
Issuing Office CESAW-RG-C
NOTE: The term "you" and its derivatives, as used in this permit, means the permittee or any
future transferee. The term "this office" refers to the appropriate district or division office of the
Corps of Engineers having jurisdiction over the permitted activity or the appropriate official of that
office acting under the authority of the commanding officer.
You are authorized to perform work in accordance with the terms and conditions specified below.
Project Description: The project involves the construction of the Ammons single-family
residential development, requiring the permanent discharge of fill material into 573 linear
feet (If) of stream channel (145 If would be associated with riprap dissipator pads) and 1.36
acres of wetland, the temporary discharge of fill material into 241 If of stream channel and
0.285 acre of wetland, and the permanent conversion of 0.8 acre of wetland
Project Location: The project area is located at 1832 Peach Grove Lane, in Zebulon, Wake
County, North Carolina. (35.8108650 N,-78.3555140 W)
Permit Conditions:
General Conditions:
1. The time limit for completing the work authorized ends on December 31, 2031. If you find that
you need more time to complete the authorized activity, submit your request for a time extension
to this office for consideration at least one month before the above date is reached.
2. You must maintain the activity authorized by this permit in good condition and in conformance
with the terms and conditions of this permit. You are not relieved of this requirement if you
abandon the permitted activity, although you may make a good faith transfer to a third party in
compliance with General Condition 4 below. Should you wish to cease to maintain the authorized
activity or should you desire to abandon it without a good faith transfer, you must obtain a
modification of this permit from this office, which may require restoration of the area.
3. If you discover any previously unknown historic or archeological remains while accomplishing
the activity authorized by this permit, you must immediately notify this office of what you have
found. We will initiate the Federal and state coordination required to determine if the remains
warrant a recovery effort or if the site is eligible for listing in the National Register of Historic
Places.
ENG FORM 1721, Nov 86 EDITION OF SEP 82 IS OBSOLETE. (33 CFR 325 (Appendix A))

4. If you sell the property associated with this permit, you must obtain the signature of the new
owner in the space provided and forward a copy of the permit to this office to validate the
transfer of this authorization.
5. If a conditioned water quality certification has been issued for your project, you must comply
with the conditions specified in the certification as special conditions to this permit. For your
convenience, a copy of the certification is attached if it contains such conditions.
6. You must allow representatives from this office to inspect the authorized activity at any time
deemed necessary to ensure that it is being or has been accomplished in accordance with the
terms and conditions of your permit,
Special Conditions:
SEE ATTACHED SPECIAL CONDITIONS
Further Information:
1. Congressional Authorities: You have been authorized to undertake the activity described
above pursuant to:
( ) Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403).
( X ) Section 404 of the Clean Water Act (33 U.S.C. 1344).
( ) Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33
U.S.C. 1413).
2. Limits of this authorization.
a. This permit does not obviate the need to obtain other Federal, state, or local
authorizations required by law.
b. This permit does not grant any property rights or exclusive privileges.
c. This permit does not authorize any injury to the property or rights of others.
d. This permit does not authorize interference with any existing or proposed Federal project.
3. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume
any liability for the following:
a. Damages to the permitted project or uses thereof as a result of other permitted or
unpermitted activities or from natural causes.
2 *U.S. GOVERNMENT PRINTING OFFICE: 1986 - 717-425

b. Damages to the permitted project or uses thereof as a result of current or future activities
undertaken by or on behalf
of the United States in the public interest.
c. Damages to persons, property, or to other permitted or unpermitted activities or structures
caused by the activity
authorized by this permit.
d. Design or construction deficiencies associated with the permitted work.
e. Damage claims associated with any future modification, suspension, or revocation of this
permit.
4. Reliance on Applicant's Data: The determination of this office that issuance of this permit is
not contrary to the public interest was made in reliance on the information you provided.
5. Reevaluation of Permit Decision. This office may reevaluate its decision on this permit at any
time the circumstances warrant. Circumstances that could require a reevaluation include, but are
not limited to, the following:
a. You fail to comply with the terms and conditions of this permit.
b. The information provided by you in support of your permit application proves to have been
false, incomplete, or inaccurate (See 4 above).
c. Significant new information surfaces which this office did not consider in reaching the
original public interest decision.
Such a reevaluation may result in a determination that it is appropriate to use the suspension,
modification, and revocation procedures contained in 33 CFR 325.7 or enforcement procedures
such as those contained in 33 CFR 326.4 and 326.5. The referenced enforcement procedures
provide for the issuance of an administrative order requiring you to comply with the terms and
conditions of your permit and for the initiation of legal action where appropriate. You will be
required to pay for any corrective measures ordered by this office, and if you fail to comply with
such directive, this office may in certain situations (such as those specified in 33 CFR 209.170)
accomplish the corrective measures by contract or otherwise and bill you for the cost.
6. Extensions. General condition 1 establishes a time limit for the completion of the activity
authorized by this permit, Unless there are circumstances requiring either a prompt completion of
the authorized activity or a reevaluation of the public interest decision, the Corps will normally give
favorable consideration to a request for an extension of this time limit.
3 *U.S. GOVERNMENT PRINTING OFFICE: 1986 - 717-425

Your signature below, as permittee, indicates that you accept and agree to comply with the terms
and conditions of this permit.
(PERMITTEE) BCUS ACQUISITIONS, LLC
MR. E. WILLIAM MEYER
(DATE)
This permit becomes effective when the Federal official, designated to act for the Secretary of the
Army, has signed below.
(DISTRICT COMMANDER) BENJAMIN A. BENNETT, COLONEL (DATE)
When the structures or work authorized by this permit are still in existence at the time the property
is transferred, the terms and conditions of this permit will continue to be binding on the new
owner(s) of the property. To validate the transfer of this permit and the associated liabilities
associated with compliance with its terms and conditions, have the transferee sign and date
below.
(TRANSFEREE) (DATE)
4 *U.S. GOVERNMENT PRINTING OFFICE: 1986 - 717-425

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ACTION ID: SAW-2022-00367
BCUS ACQUISITIONS, LLC
AMMONS SINGLE-FAMILY RESIDENTIAL DEVELOPMENT
WAKE COUNTY
WORK LIMITS / NOTIFICATION
1. Work Limits: All work authorized by this permit shall be performed in strict
compliance with the attached permit plan entitled Ammons Property, dated
December 6, 2022, and January 5, 2023, which is a part of this permit. The
Permittee shall ensure that the construction design plans for this project do not
deviate from the permit plans attached to this authorization. Any modification to
the attached permit plans must be approved by the U.S. Army Corps of
Engineers (Corps) prior to any active construction in waters or wetlands.
2. Unauthorized Dredge and/or Fill: Except as authorized by this permit or any
Corps -approved modification to this permit, no excavation, fill or mechanized
land -clearing activities shall take place at any time in the construction or
maintenance of this project, within waters or wetlands. This permit does not
authorize temporary placement or double handling of excavated or fill material
within waters or wetlands outside the permitted area. This prohibition applies to
all borrow and fill activities connected with this project.
3. Permit Distribution: 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 permit. A copy of this permit, including all conditions and drawings
shall be available at the project site during construction and maintenance of this
project.
4. Preconstruction Meeting: The Permittee shall conduct an onsite
preconstruction meeting between its representatives, the contractor's
representatives, and the appropriate U.S. Army Corps of Engineers Project
Manager prior to undertaking any work within jurisdictional waters and wetlands
to ensure that there is a mutual understanding of all terms and conditions
contained within the Department of the Army permit. The Permittee shall
schedule the preconstruction meeting for a time frame when the Corps and North
Carolina Division of Water Resources (NCDWR) Project Managers can attend.
The Permittee shall invite the Corps and NCDWR Project Managers a minimum
of thirty (30) days in advance of the scheduled meeting in order to provide those
individuals with ample opportunity to schedule and participate in the required
meeting. The thirty (30) day requirement can be waived with the concurrence of
the Corps.
5. Notification of Construction Commencement and Completion: The
Permittee shall notify the Corps in writing prior to beginning the work authorized
by this permit and again upon completion of the work authorized by this permit.

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ACTION ID: SAW-2022-00367
BCUS ACQUISITIONS, LLC
AMMONS SINGLE-FAMILY RESIDENTIAL DEVELOPMENT
WAKE COUNTY
6. Reporting Address: All reports, documentation, and correspondence required
by the conditions of this permit shall be submitted to the following: U.S. Army
Corps of Engineers, Wilmington District Raleigh Field Office, Attn: Samantha
Dailey at 704-589-8397 / Samantha.J.Dailey(a usace.army. mi1. The Permittee
shall reference the following permit number, SAW-2022-00367, on all submittals.
7. Permit Revocation: The Permittee, upon receipt of a notice of revocation of this
permit or upon its expiration before completion of the work will, without expense
to the United States and in such time and manner as the Secretary of the Army
or his authorized representative may direct, restore the water or wetland to its
pre -project condition.
8. Reporting Violations: Violation of these permit conditions or violation of
Section 404 of the Clean Water Act shall be reported to the Corps in writing and
by telephone at: 704-589-8397 / Samantha.J.Dailey(a�usace.army. miI within 24
hours of the Permittee's discovery of the violation.
ENDANGERED SPECIES AND CULTURAL RESOURCES
9. Endangered Species Act:
a. The Permittee shall implement all necessary measures to ensure the
authorized activity does not kill, injure, capture, harass, or otherwise harm
any federally listed threatened or endangered species. While
accomplishing the authorized work, if the Permittee discovers or observes
an injured or dead threatened or endangered species, the U.S. Army
Corps of Engineers, Wilmington District Charlotte Field Office, Attn:
Samantha Dailey at 704-589-8397 / Samantha.J.Dailey�a usace.army.mil
will be immediately notified to initiate the required Federal coordination.
Threatened and Endangered Bat Species
b. If the Tricolored Bat or other bat species are listed as threatened or
endangered prior to tree clearing within the Corps action area, the
applicant shall commit to a tree clearing moratorium between April 1 and
October 15; OR
c. The applicant shall conduct acoustic surveys in accordance with the US
Fish and Wildlife Service (USFWS) survey protocols and provide the
Corps and USFWS a preliminary statement of the surveys within 24 hours
and develop a relocation plan as needed. Impacts to WOTUS at these
locations shall not occur until the Corps has coordinated with USFWS and
received their concurrence.
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ACTION ID: SAW-2022-00367
BCUS ACQUISITIONS, LLC
AMMONS SINGLE-FAMILY RESIDENTIAL DEVELOPMENT
WAKE COUNTY
Threatened and Endangered Aquatic Species
d. The applicant shall commission protected species surveys at least six
months in advance of any construction in wetlands or waters associated
with Impacts R3 (road crossing), S4 (HDD sewer crossing) and S6 (HDD
sewer crossing). The applicant shall provide the Corps and the USFWS a
preliminary statement of the survey's findings within 24 hours and develop
a relocation plan as needed. Impacts to WOTUS at these locations shall
not occur until the Corps has coordinated with USFWS and received their
concurrence.
e. The extent of tree removal and grading required for the construction
activities must be minimized by planning and scheduling activities in
sequence, as appropriate. Areas where tree removal is not required and
access is not otherwise needed for construction of infrastructure,
buildings, or amenities must be fenced during construction to prohibit
vehicle entry. Graded or disturbed soils must be stabilized with native
grasses or mulch covers within 14 days of completion of the disturbance
activity.
f. The contractor must be advised about the presence of sensitive species
by providing information and installing visible and weather-proof signage
(see the attached signage with the heading labeled "NOTICE!") on the silt
fence at regular (i.e. at least 300-foot) intervals along clearing limits
adjacent to streams and wetlands shown on the approved delineation
map.
g. Access for equipment and vehicles to construct the sewer infrastructure
must be limited to those shown on the attached plansheets. No impacts to
wetlands, streams, or other potential WOTUS are authorized for access
other than those specified on the attached plansheets.
h. Stringent erosion control measures must be implemented during
construction within 100-feet of the Little River floodplain and the perennial
stream channel along the southern property boundary, including: A double
row of silt fence, to ensure that erosion is captured effectively. Silt fence
and other erosion control devices must not include outlets that discharge
closer than 50 feet to the top of bank of any stream. Silt fence outlets for
each row of silt fence must be offset to provide additional retention of
water and sediment in the outer row.
i. The discharge outlets from stormwater infrastructure must be designed to
avoid stream buffers, including the dissipator pad or any other structures.
All mechanized equipment shall be regularly inspected and maintained to
prevent contamination of waters and wetlands from fuels, lubricants,
Q

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ACTION ID: SAW-2022-00367
BCUS ACQUISITIONS, LLC
AMMONS SINGLE-FAMILY RESIDENTIAL DEVELOPMENT
WAKE COUNTY
hydraulic fluids, or other toxic materials. In the event of a spill of petroleum
products or any other hazardous waste, the Permittee shall immediately
report it to the Corps at Samantha.J.Dailey(a)-usace.army.mil, USFWS
at John ellis(a_fws.gov., and N.C. Division of Water Resources (NCDWR)
at [phone] or [phone], and provisions of the North Carolina
Oil Pollution and Hazardous Substances Control Act shall be followed.
Inspections, repairs, cleaning, and/or servicing must be conducted either
before the vehicle, equipment, or machinery is transported into the field or
at the work site.
k. All drilling muds, wash -water runoff, and/or other harmful materials must
be appropriately controlled to prevent entry into a waterbody or riparian
zone.
Vehicles and equipment must be fueled and maintained, and potentially
toxic substances (fuels, paints, solvents, lubricants, etc.) must be stored,
within a containment area in uplands at least 100 feet from the top of
bank.
m. Temporary and permanent stabilization measures should include only
natural materials that are expected to degrade over time.
n. Revegetate with native species. Sericea lespedeza is invasive and should
not be used for stabilization or revegetation in regulated wetlands,
floodplains or stream buffers. Portions of the sewer ROW that are not
intended for long-term maintenance should be revegetated with native
trees and shrubs.
o. Conduct bi-weekly inspections of all erosion and sedimentation controls
adjacent to the floodplain of Little River floodplain and the perennial
stream channel along the southern property boundary, and in uplands
within 100 feet of the riparian zones of all streams. Maintain all controls as
necessary to ensure proper installation and function. In addition to bi-
weekly inspections, within 24-hours of rain events, inspect all of the
erosion and sedimentation controls to ensure the integrity of the devices.
Repair and replace sections of controls as needed to minimize the
potential for failure.
p. If erosion and sedimentation controls fail causing sediment or erosion in
the floodplain wetlands or stream buffer of the Little River floodplain and
the perennial stream channel along the southern property boundary, the
Corps and Service must be notified within 24 hours to determine if any
remediation is required.
q. Completion of Environmental Inspection Report Form: After each
inadvertent release, the environmental inspector will complete an
Environmental Inspection Report Form. This form will contain information
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ACTION ID: SAW-2022-00367
BCUS ACQUISITIONS, LLC
AMMONS SINGLE-FAMILY RESIDENTIAL DEVELOPMENT
WAKE COUNTY
of the date, time, location, duration, and estimated amount of the release,
as well as containment and cleanup activities. The environmental
inspector will also contact regulatory and resource agencies no more than
24-hours after clean-up and recovery of the release.
Site Restoration: After the complete installation of the force main,
restoration activities will be implemented according to the project's Storm
Water Pollution Prevention Plan (SWPPP) and Erosion and Sedimentation
Control Plan. Tie in pits will be backfilled with a mix of drill returns and
minor excavate material removed during the pipe connection process.
Disturbed areas will be seeded with native vegetation and covered with
mulch to prevent further erosion. Abandoned drill holes will be sealed with
either a sand/concrete slurry or a mix of drill returns.
10. Historic Properties — Discovery of Previously Unknown Remains and
Artifacts — If the Permittee discovers any previously unknown historic, cultural,
or archeological remains and/or artifacts while accomplishing the activity
authorized by this permit, the Permittee must immediately notify the U.S. Army
Corps of Engineers, Wilmington District Charlotte Regulatory Field Office, Attn:
Ms. Samantha Dailey, 704-589-8397 or Samantha. J.Dailey(a usace.army. miI to
initiate the required Federal coordination. The Permittee must notify the Corps of
what has been found, and to the maximum extent practicable, avoid construction
activities that may affect the remains and artifacts until the required coordination
has been completed. The Corps will initiate the Federal, Tribal, and state
coordination required to determine if the items or remains warrant a recovery
effort or if the site is eligible for listing in the National Register of Historic Places.
RELATED LAWS
11. Maintain Flows and Circulation Patterns of Waters: Except as specified in
the plans attached to this permit, no excavation, fill or mechanized land -clearing
activities shall take place at any time in the construction or maintenance of this
project, in such a manner as to impair normal flows and circulation patterns
within waters or wetlands or to reduce the reach of waters and/or wetlands.
12. Sediment and Erosion Control:
a. No fill or excavation impacts for the purposes of sedimentation and
erosion control shall occur within jurisdictional waters, including wetlands,
unless the impacts are included on the plan drawings and specifically
authorized by this permit. This includes, but is not limited to, sediment
control fences and other barriers intended to catch sediment losses.
61

SPECIAL CONDITIONS
ACTION ID: SAW-2022-00367
BCUS ACQUISITIONS, LLC
AMMONS SINGLE-FAMILY RESIDENTIAL DEVELOPMENT
WAKE COUNTY
b. The Permittee shall remove all sediment and erosion control measures
placed in waters and/or wetlands, and shall restore natural grades on
those areas, prior to project completion.
c. The Permittee shall use appropriate sediment and erosion control
practices which equal or exceed those outlined in the most recent version
of the "North Carolina Sediment and Erosion Control Planning and Design
Manual" to ensure compliance with the appropriate turbidity water quality
standard. Erosion and sediment control practices shall be in full
compliance with all specifications governing the proper design, installation
and operation and maintenance of such Best Management Practices in
order to ensure compliance with the appropriate turbidity water quality
standards. This shall include, but is not limited to, the immediate
installation of silt fencing or similar appropriate devices around all areas
subject to soil disturbance or the movement of earthen fill, and the
immediate stabilization of all disturbed areas. Additionally, the project shall
remain in full compliance with all aspects of the Sedimentation Pollution
Control Act of 1973 (North Carolina General Statutes Chapter 113A Article
4). Adequate sedimentation and erosion control measures shall be
implemented prior to any ground disturbing activities to minimize impacts
to downstream aquatic resources. These measures shall be inspected and
maintained regularly, especially following rainfall events. All fill material
shall be adequately stabilized at the earliest practicable date to prevent
sediment from entering into adjacent waters or wetlands.
13. Clean Fill: The Permittee shall use only clean fill material for this project. The fill
material shall be free of items such as trash, construction debris, metal and
plastic products, and concrete block with exposed metal reinforcement bars.
Soils used for fill shall not be contaminated with any toxic substance in
concentrations governed by Section 307 of the Clean Water Act. Unless
otherwise authorized by this permit, all fill material placed in waters or wetlands
shall be generated from an upland source.
14. Water Contamination: All mechanized equipment shall be regularly inspected
and maintained to prevent contamination of waters and wetlands from fuels,
lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of
petroleum products or any other hazardous waste, the Permittee shall
immediately report it to the N.C. Division of Water Resources at [phone]
or [phone] and provisions of the North Carolina Oil Pollution and
Hazardous Substances Control Act shall be followed.
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ACTION ID: SAW-2022-00367
BCUS ACQUISITIONS, LLC
AMMONS SINGLE-FAMILY RESIDENTIAL DEVELOPMENT
WAKE COUNTY
AQUATIC LIFE
15.Aquatic Life Movement: No activity may substantially disrupt the necessary life
cycle movements of those species of aquatic life indigenous to the waterbody,
including those species that normally migrate through the area. All discharges of
dredged or fill material within waters of the United States shall be designed and
constructed to maintain low flows to sustain the movement of aquatic species.
16. Prohibitions on Concrete: The Permittee shall take measures necessary to
prevent live or fresh concrete, including bags of uncured concrete, from coming
into contact with any water in or entering into waters of the United States. Water
inside coffer dams or casings that has been in contact with concrete shall only be
returned to waters of the United States when it no longer poses a threat to
aquatic organisms (concrete is set and cured).
COMPENSATORY MITIGATION
17. In order to compensate for impacts associated with this permit, mitigation shall
be provided in accordance with the provisions outlined on the most recent
version of the attached Compensatory Mitigation Responsibility Transfer Form.
The requirements of this form, including any special conditions listed on this
form, are hereby incorporated as special conditions of this permit.
7

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: BCUS Acquisitions, LLC
File Number: SAW-2022-00367
Date: April 3, 2023
Attached is:
See Section below
PROFFERED PERMIT Standard Permit or Letter of ermission
A
RED PERMIT Standard Permit or Letter of ermission
B
DENIAL
LAPPROVED
C
JURISDICTIONAL DETERMINATION
D
INARY JURISDICTIONAL DETERMINATION
E
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at http://www.usace.army.mil/inet/functions/cw/cecwo/reg or
Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the
permit be modified accordingly. You must complete Section 11 of this form and return the form to the district engineer. Your
objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal
the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the
permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit
having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer
will send you a proffered permit for your reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you
may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form
and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of
this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the division engineer. This form
must be received by the division engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or
provide new information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of
this notice means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by
the division engineer within 60 days of the date of this notice.
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps
regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved
JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new
information for further consideration by the Corps to reevaluate the JD.

SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial
proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or
objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the
record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record.
However, you may provide additional information to clarify the location of information that is already in the administrative
record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/or the
If you only have questions regarding the appeal process you may
appeal process you may contact:
also contact:
District Engineer, Wilmington Regulatory Division
MR. PHILIP A. SHANNIN
Attn: Samantha Dailey
ADMINISTRATIVE APPEAL REVIEW OFFICER
69 Darlington Ave
CESAD-PDS-O
Wilmington, NC 28403
60 FORSYTH STREET SOUTHWEST, FLOOR M9
ATLANTA, GEORGIA 30303-8803
PHONE: [phone]; FAX [phone]
EMAIL: PHILIP.A.SHANNIN USACE.ARMY.MIL
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day
notice of any site investigation, and will have the opportunit to participate in all site investi ations.
Date:
Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: David E. Bailey, 69 Darlington Avenue, Wilmington, North
Carolina 28403
For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Phillip Shannin,
Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801
Phone: [phone]

U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Compensatory Mitigation Responsibility Transfer Form
Permittee: BCUS Acquisitions, LLC (Attn: Mr. E. William Meyer) Action ID: SAW-2022-00367
Project Name: Ammons Property County: Wake
Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved
Mitigation Bank or the North Carolina Division of Mitigation Services (NCDMS), who will then sign the form to verify the
transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee's responsibility to ensure
that to the U.S. Army Corps of Engineers (USACE) Project Manager identified on page two is in receipt of a signed copy of this
form before conducting authorized impacts, unless otherwise specified below. If more than one mitigation Sponsor will be
used to provide the mitigation associated with the permit, or if the impacts and/or the mitigation will occur in more than one
8-digit Hydrologic Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms for each Sponsor
and/or HUC must be provided to the appropriate mitigation Sponsors.
Instructions to Sponsor: The Sponsor must verify that the mitigation requirements (credits) shown below are available at the
identified site. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of
whether or not they have received payment from the Permittee. Once the form is signed, the Sponsor must update the bank
ledger and provide a copy of the signed form and the updated bank ledger to the Permittee, the USACE Project Manager, and
the Wilmington District Mitigation Office (see contact information on page 2). The Sponsor must also comply with all
reporting requirements established in their authorizing instrument.
Permitted Impacts and Compensatory Mitigation Requirements
Permitted Impacts Requiring Mitigation*: 8-digit HUC and Basin: 03020201, Neuse River Basin
Stream Impacts (linear feet)
Wetland Impacts (acres)
Warm
Cool
Cold
Riparian Riverine
FRiparian Non-Riverine
Non Riparian
Coastal
428
1 2.16
*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
856
3.52
Mitigation Site Debited: Wildlands Holdings III LLC's Falling Creek UMBI, Falling Creek & McClenny Acre Mitigation 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 USACE, are
currently available at the mitigation site identified above. Further, I understand that if the Sponsor fails to provide the
required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to
ensure compliance associated with the mitigation requirements.
Mitigation Sponsor Name:
Name of Sponsor's Authorized Representative:
Signature of Sponsor's Authorized Representative Date of Signature
Page 1 of 2 Form Updated 31 January, 2020

USACE Wilmington District
Compensatory Mitigation Responsibility Transfer Form, Page 2
Conditions for Transfer of Compensatory Mitigation Credit:
• Once this document has been signed by the Mitigation Sponsor and the USACE is in receipt of the signed form, the
Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains
responsible for any other mitigation requirements stated in the permit conditions.
• Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only after
the USACE is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has accepted
responsibility for providing the mitigation requirements listed herein. For authorized impacts conducted by the North
Carolina Department of Transportation (NCDOT), construction within jurisdictional areas may proceed upon permit
issuance; however, a copy of this form signed by the Sponsor must be provided to the USACE within 30 days of permit
issuance. NCDOT remains fully responsible for the mitigation until the USACE has received this form, confirming that the
Sponsor has accepted responsibility for providing the mitigation requirements listed herein.
• Signed copies of this document must be retained by the Permittee, Mitigation Sponsor, and in the USACE administrative
records for both the permit and the Bank/ILF Instrument. It is the Permittee's responsibility to ensure that the USACE
Project Manager (address below) is provided with a signed copy of this form.
• If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to
the USACE, the Sponsor must obtain case -by -case approval from the USACE Project Manager and/or North Carolina
Interagency Review Team (NCIRT). If approved, higher mitigation ratios may be applied, as per current District guidance
and a new version of this form must be completed and included in the USACE administrative records for both the permit
and the Bank/ILF Instrument.
Comments/Additional Conditions:
This form is not valid unless signed below by the USACE Project Manager and by the Mitigation Sponsor on Page 1. Once
signed, the Sponsor should provide copies of this form along with an updated bank ledger to:1) the Permittee, 2) the USACE
Project Manager at the address below, and 3) the Wilmington District Mitigation Office, 3331 Heritage Trade Drive, Suite
105, Wake Forest, NC 27587 (or by email to [e-mail] or [e-mail]).
Questions regarding this form or any of the permit conditions may be directed to the USACE Project Manager below.
USACE Project Manager: Samantha Dailey
USACE Field Office: Charlotte Regulatory Field Office
US Army Corps of Engineers
8430 University Executive Park Drive, Suite 615
Charlotte, North Carolina 28262
Email: [e-mail]
USACE Project Manage ignature
April 3, 2023
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.armV.mi1.
Page 2 of 2
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 our website at http://regulatorV.usacesurvey.com/ to complete the survey online.

Ammons Property Phased Mitigation Purchase Schedule
Payment
Stream Mitigation
Wetland Mitigation
Wetland Conversion
Phase
Date
Impact ID
Impact / SMUs
Impact / WMUs
Impact / WMUs
2:1 ratio
2:1 ratio
1:1 ratio
Phase 1
4/15/2024
G1, R1S,5 1, S3,
191 If / 382 SMUs
0.64 ac / 1.28 WMUs
0.15 ac / 0.15 WMUs
Phase 2
4/15/2025
G2, R2, S2
0
0.56 ac / 1.12 WMUs
0.05 ac / 0.05 WMUs
Phase 3
4/15/2026
S7 S8, S9, S10,
0
0
0.595 ac / 0.6 WMUs
S11, S12, S13
Phase 4
4/15/2027
R3
237 If / 474 SMUs
0.16 ac / 0.32 WMUs
0
TOTALS
428 If / 856 SMUs
1.36 ac / 2.72 WMUs
0.8 ac / 0.8 WMUs

A
V
v
ry
U5�
Q U
� J
m
Z D
m �
U)
ry
75
NC 97 HWY
(100' PUBLIC R/W)
IMPACT S1
LEGEND
ZONE 1 BUFFER
ZONE 2 BUFFER
IMPACTED WETLAND
BORE & JACK
STREAM � IMPACT
-�� -'/�`
IMPACT G1 J
*Rip Rap outlet protection placed in the wetlands is considered a permanent wetland fill and will be mitigated.
PROPOSED GRA VI TY - � T T
- SEWER OUTFALL
1 L W 1 LLL1l�� ;� 1 ��-- �i ✓� _
I
_
IMPACT S3 �\,
WETLAND AND STREAM PERMITTING CONSTRUCTION NOTES:
Utility line construction must comply with all regional and general conditions for USACE Nationwide
Permit 58 and NC DWR General Certification 4276 (Effective March 15, 2021) including but not
limited to:
\ EXISTING
1. Material resulting from trench excavation may be temporarily sidecast into waters of the
United States for no more than three months, provided the material is not placed in such a
manner that it is dispersed by currents or other forces.
2. In wetlands, the top 6 to 12 inches of the trench should normally be backfilled with topsoil
from the trench.
3. The trench cannot be constructed or backfilled in such a manner as to drain waters of the
United States (e.g., backfilling with extensive gravel layers, creating a french drain effect).
4. Any exposed slopes and stream banks must be stabilized immediately upon completion of the
utility line crossing of each waterbody.
5. After construction, temporary fills must be removed in their entirety and the affected areas
returned to pre -construction elevations. The areas affected by temporary fills must be
revegetated, as appropriate.
6. Access roads used for both construction and maintenance may be authorized, provided they
meet the terms and conditions of this NWP.
7. Access roads used solely for construction of the utility line must be removed upon completion
of the work, in accordance with the requirements for temporary fills.
8. Any utility construction that is parallel to a stream or open water shall be no closer than 10
feet to the top of bank or ordinary high-water mark.
9. Where there are temporary or permanent impacts from stream crossings, utility lines shall
cross the stream channel at a near -perpendicular direction.
10. Construction corridors in wetlands and/or across stream channels shall be minimized to the
maximum extent practicable and shall not exceed 60 feet wide.
11. When applicable, all construction activities shall be performed and maintained in full
compliance with the Sediment and Pollution Control Act.
NOTES:
• WETLAND, PONDS, AND TRIBUTARIES SHOWN WERE PROVIDED
BY WETLAND & WATERS ON JANUARY 3, 2022
• ENVIRONMENTAL INFORMATION SHOWN IS BASED ON FIELD
RUN GPS
POND i 1 �_::,.'_ •_.._�; '-ITI : I f T >- I �f T l I T 1- �� - _ _ _ _ _ _ _ _ _ _ _ - - -
IT[
I-- • ' IMPACT S2 ;' � - -- --
-1--�-I � � TI-II�i�T�l�fTlfTl-��ITli�l
_ _
� I �1 L�1 L1 I �L �L�
- - -- _
L 1 �
- - -.-.- - `� -- 1TfT f fTTf T 1Tf1 1 T1Tf f TfT �-I-�---� --- � � _- --- -- --- ---- --
i I
.
.
L1JLLIJ LJ�J L � � � -' '-
STORM WATER BMP (TYP) 11TT�11Tf �1TT� �TTI I- _ -i
PROPOSED GRAVITY \.� ✓ ' ✓.( %t) �__� -_ - - ,�
L-__ 1 1 11 \_ ��\`` < �\ -!.......
J � � SEWER OUTFACE ; �.-\ -' i,` `: l '�` I%' J -- -- -- -- -- --- ----� I---J -- \ II'...........
--
l /
C
PROPOSED FORCE MAIN 1TI f TT
��
LLI 1 -I
.............. � � `"`• � PROPOSED GRAVITY � � � -- -- � J �I - - - -- -- - - -I � -- -- -- ``\
� � LLLJ IJ__l J � � � �-
- - - - - __ - 1 I / - ----- I � ,SEWER OUTFACE CC
��•... ;' � 11TTf 1TI ITTI ITI l TTi 1�
-- _
I _� �.�- ___� .... �--= ;'TI-�TTI_T_n--r7_r� �_ ,- � ...,. �•`•' �-�1 I� ----�----�---� ---�- ---� �-- --LLL111_�_LLL_�11_L_L�_� --- -- I �----�---= --- I
IMPACT RI - --- - - - -- -- - - - - - ---- --
��-L1N - - --- L11_L1LL�_I_Lu_L_Iw - _
�'�<� 1 �_ � � (-�T1Tl-I I ITLI 1 TTTLT T7T1 �I-T-I fTT1-
�Tf1 1Tf1 rTTFTIT-MI-LITL-LITI-' _TrT17TT1_ T_T1-r �� ;';' ;\ �;�`, - - - - LL -i_i' --- __� -
�- ; _ _ -- -__ �r1TTT T LTIT 1 1TTTL-LTF ITTTfTr �✓ �.�-'••_--_� ,`� /'/�� -�.�\ �`•. �,,� - -
-� ' '-
EXISTING ARCHAEOLOGICAL GICAL SIvl 1I-L�LL1 1 1 IIIII 1 I I I 1 1 1 1 I I I I I I I I 1 I 1J_EJ_L1_1J1J_L-LLL1_l__I L1J TE
`J \\\\ 11 ii i ' ' � � -��/� \� ` ••\••\, %�' ,\l � �_- - I LTTTI ••:.:.....:.:.:.:.
:�1T........ .i
PROPOSED FORCE MAIN Vj--= = .
- - \\ �� -- �••\ � i �- �'�; �- ` r�✓ ✓j\✓ \ \, \ /�/.i. i ' IMPACT S4
I %�� ---- --�-- -- - ----- �-
---`�
•. ..
........ .
EXISTING T
POND IMPA C TS5
J L
.....-................:\. / l % �/� J�l_1 _L_� f�-_�i ,
....................... �" :�. :� �� �7 ........
Loo,' \
l iX �' ✓\ \.\ r/' '� ' ., \ �� ..�• ........ �l PROPOSED FORCE MAIN .. , �.. .
`. \ / 500' PROTECTED ZONE AROUND
PROPOSED GRAVITY ' ' `'_= .'.'.: _ `\ �•�• ARCHAEOLOGICAL SITE
✓��� �% T� SEWER OUTFALL ''� .. -- - -- .
-�� IMPACT G2 I I�-1J--1� - i� ,. \� ... .
f �r , � � \ • �`•- � • _ ''\. �. PROPOSED GRA Vl TY
l�L- 11 �� %� `' `>,• SEWER OUTFALL �` PROPOSED SANITARY
IMPACT R3\....... SEWER PUMP STATION
��� �� I ! I I�-�_� _ - ; I, I IMPACT 56 ---- ----
J LL 1 �1;:' , i. i ( - PROPOSED GRAVITY �t \ - 9-- '�--
j� l j� j 1�__L� -1 �1111LL/ ? /l /MPACT S7 SEWER OUTFALL `
-��1 T T TM
1 TT7- / _LLl_L11� i W i..i �' - / - ' 1 < < 1� �� I
I� L+-P�� �'
f 11 ll�l �T I IT1 �T�%% �r '� '� f
L ........... I I I' ��� 4i
STORM WATER BMP (TYP) �I I 11� ll--«1-- L_�J W _ ;.f. ' \ ;
1
-- - �` - ,
11
�,.- , � •.,-- - -; ,..` . ..___;__--��- -._ _ --�- � � -•�• •', � �,"- /- > \! ✓�\ •\\.�`,\ ........ .
1 -1 L_1- _._ _ ---- �� .. • • • • • • .. % ` - � ..... ��
1
' L
1
--- -- ---
C
I
-------------
�,:1� i.
- - L__��_J--� .... .....
`;% !'�"
1�_ ' f -7
IMPA.c T .s8. F
I ,
l ,
- _ �� -- - -- --- --
._..
FT - I
Y. i--- IMPACT S9 -
�� ............ - -
� IMPACT S13/ •=:,.�-
.-�_= IMPACT S11 - - - ,
j
IMPACT S12
���&crzEED
1730 Varsity Drive, Suite 500
Raleigh, North Carolina 27606
0:919.233.8091 F:919.233.8031
Sewer Outfall and Road Impact (Preliminary) -Overall Exhibit
Ammons Property
i
Scale: 1 "=300'
0 150 300
Date:
Jan 5, 2023
ROADWAY IMPACTS
IMPACT#
ZONE 1
ZONE 2
WETLAND
STREAM
RIP RAP
TEMPORARY PUMP-
AROUND
TEMPORARY
WETLAND IMPACTS
S.F.
AC.
S.F.
AC.
S.F.
AC.
L.F.
S.F.
L.F.
S.F.
L.F.
S.F.
S.F
AC.
R1
13,021
0.30
7,628
0.18
2,398
0.06
191
764
60
1080
59
4747
0
0.00
R2
0
0.001
0
0.00
9,746
0.22
0
01
45 *
540 *
0
0.00
R3
16,041
0.371
8,926
0.21
7,098
0.16
237
2366
85
3060
50
4329
2,176
0.05
TOTAL
29,0621
0.671
16,5541
0.381
19,2421
0.44
428
3131
190
4680
109
9076
2,1761
0.05
SEWER
IMPACTS
IMPACT#
ZONE 1
ZONE 2
WETLAND
STREAM
RIP RAP
TEMPORARY PUMP-
AROUND
TEMPORARY
WETLAND IMPACTS
S.F.
AC.
S.F.
AC.
S.F.
AC.
L.F.
S.F.
L.F.
S.F.
L.F.
S.F.
S.F
AC.
S1
0
0.00
0
0.00
1,043
0.02
0
0
0
0
0
0
0
0.00
S2
2,929
0.07
1,778
0.041
2,177
0.05
46
228
0
0
0
0
761
0.02
S3
0
0.00
0
0.00
489
0.01
0
0
0
0
0
0
0
0.00
S4
0
0.001
0
0.00
0
0.00
0
0
0
0
01
0
0
0.00
S5
0
0.00
0
0.00
5,057
0.12
0
0
0
0
0
0
1,248
0.03
S6
0
0.00
0
0.00
0
0.00
0
0
0
0
0
0
0
0.00
S7
0
0.00
0
0.001
3,487
0.08
0
0
0
0
0
0
292
0.01
S8
0
0.00
0
0.00
8,549
0.20
0
0
0
0
0
0
2,540
0.06
S9
01
0.00
0
0.00
6,254
0.14
0
0
0
0
0
0
2,254
0.05
S10
2,907
0.07
1,817
2725.66
0
0.00
45
182
0
0
0
0
0
0.00
S11
0
0.00
0
0.00
7,557
0.17
0
0
0
0
0
0
2,487
0.06
S12
0
0.00
0
0.00
212
0.00
0
0
0
0
0
0
159
0.00
S13
2,851
0.07
1,636
0.041
01
0.00
41
164
0
0
0
0
0
0.00
TOTAL
8,687
0.20
5,231
2725.741
34,8251
0.801
132
5741
0
0
0
0
9,741
0.22
G EN
ERAL I M PACTS
IMPACT#
ZONE 1
ZONE 2
WETLAND
STREAM
RIP RAP
TEMPORARY PUMP-
AROUND
TEMPORARY
WETLAND IMPACTS
S.F.
AC.
S.F.
AC.
S.F.
AC.
L.F.
S.F.
L.F.
S.F.
L.F.
S.F.
S.F
AC.
G1
0
0.00
0
0.00
25,260
0.58
0
0
0
0
0.00
G2
0
0.00
0
0.00
14,533
0.33
0
0
0
0
0.00
TOTAL
0
0.00
0
0.00
39,793
0.91
0
0
0
0
0
0
0
0.00
GRANDTOTAL
1 37,7491
0.871
21,785
2726.12
93,860
2.16
560
3704
190
4680
109.371
9075.971
11,917
0.27
\4,T

CD
I 1 I • �• • • • IMPACT G1
r-
IMPACT PROFILE G1 I . . . .
SEE PROFILE, NEXT SHEET
II o• . . . .•� . — —
:......: �. \
I �. EXISTING • • . . PROPOSED
— EX/STING WETLAND AREA TO ! ' 'WETLANDS ' I 1 STORM WA TER
BE PROTECTED BMP
i � i •.•.•.•.. IMPACT s� �
PROPOSED GRA VI TY
SEWER OUTFACE/ �
I \ PROPOSED CITY OF RALEIGH—
r -
�' SANITARY SEWER EASEMENT
v�McIQM&CREED
Wetland Impact Map Scale: 1 "=60'
1730 Varsity Drive, Suite 500 Impact G1 & S1 0 30 60
Raleigh, North Carolina 27606 Date:
O: 919.233.8091 F: 919.233.8031 Ammons Property Jan 5, 2023

1 /
30' NEUSE RIVER RIPARIAN \
BUFFER ZONE 1 (T1P)
NEUSE RIVER RIPARIAN I
BUFFER ZONE 2 (TYP) \
I EXISTING WETLAND AREA TO I
` \ BE PROTECTED
I
EXISTING
WETLANDS
IMPACT G2
i
v�McIQM&CREED
Wetland Impact Map Scale: 1 "=50'
1730 Varsity Drive, Suite 500 Impact G2 0 25 so
Raleigh, North Carolina 27606 Date:
O: 919.233.8091 F: 919.233.8031 Ammons Property Dec 6 2022

�_ I_�/_ i_ /, r_ /_ I_�I_

\ PROPOSED SEWER
\ FORCE MAIN
PROPOSED CITY OF RALEIGH
SANITARY SEWER EASEMENT
FM FM
IMPACT R2 ,
1
54" RCP
STORM PIPE
j
RIPRAP OUTLET PROTECTION
--
�t
1
/ 40P /
jA-
i EXISTING /
/ WETLANDS
J
i 30' NEUSE RIVER RIPARIAN
BUFFER ZONE 1 (TYP)
20' NEUSE RIVER RIPARIAN
/ \ BUFFER ZONE 2 (TYP)
� I �'z ZZ X- �� -� - --A - \
NxIQM&CREED
Wetland Impact Map Scale: 1 "=50'
1730 Varsity Drive, Suite 500 Impact R2 0 25 50
Raleigh, North Carolina 27606 Date:
O: 919.233.8091 F: 919.233.8031 Ammons Property Dec 6 2022

PROPOSED GRAVITY
�C SEWER OUTFALL
_ e
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v PROPOSED CITY OF RALEIGH
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130' NEUSE RIVER RIPARIAN ,
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BMP I
I /
vMcIQMF�CREED Wetland Impact Map Scale: 1 "=50'
`v
1730 Varsity Drive, Suite 500 Impact S2 0 25 50
Raleigh, North Carolina 27606 Date:
O: 919.233.8091 F: 919.233.8031 Ammons Property Dec 6 2022

PROPOSED GRA �I TY
\ SEWER OUTFALL \ \
\ \ ♦ �` / — \ PROPOSED CITY OF RALEIGH
EXISTING STREAM \� % \ SANITARY SEWER EASEMENT
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Wetland Impact Map Scale: 1 "=50'
v�NFKUW&CREED Impact S3
1730 Varsity Drive, Suite 500 0 25 so
Raleigh, North Carolina 27606 Date:
O: 919.233.8091 F: 919.233.8031 Ammons Property Dec 6 2022

rA
/
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`v
1730 Varsity Drive, Suite 500 Impact S4 0 25 50
Raleigh, North Carolina 27606 Date:
O: 919.233.8091 F: 919.233.8031 Ammons Property Dec 6 2022

PROPOSED SEWER
FORCE MAIN \
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1730 Varsity Drive, Suite 500 Impact S5 0 25 50
Raleigh, North Carolina 27606 Date:
O: 919.233.8091 F: 919.233.8031 Ammons Property Dec 6 2022

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v Wetland Impact Map Scale: 1 "=50'
`v McIQMF�CREED
1730 Varsity Drive, Suite 500 Impact S6 0 25 50
Raleigh, North Carolina 27606 Date:
O: 919.233.8091 F: 919.233.8031 Ammons Property Dec 6 2022

PROPOSED
STORM WA TER
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1730 Varsity Drive, Suite 500 0 25 so
Raleigh, North Carolina 27606 Date:
O: 919.233.8091 F: 919.233.8031 Ammons Property Dec 6 2022

- - - :-14 ----
Z / / /l l i
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1730 Varsity Drive, Suite 500 Impact S8 o 25 50
Raleigh, North Carolina 27606 Date:
O: 919.233.8091 F: 919.233.8031 Ammons Property Dec 6 2022

� y
PROPOSED
STORM WA TER
/ BMP
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/EXISTING WETLAND AREA TO \ SEWER OUTFALL
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`v N KIM&CREED
1730 Varsity Drive, Suite 500 Impact S9 0 25 50
Raleigh, North Carolina 27606 Date:
O: 919.233.8091 F: 919.233.8031 Ammons Property Dec 6 2022

EXISTING STREAM /
CENTERLINE /
/ EXISTING WETLAND AREA TO
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1730 Varsity Drive, Suite 500 Impact S10 0 25 so
Raleigh, North Carolina 27606 Date:
O: 919.233.8091 F: 919.233.8031 Ammons Property Dec 6 2022

'PROPOSED
STORM WA TER
BMP
PROPOSED GRAVITY
SEWER OUTPALL
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BE PROTECTED SANITARY SEWER EASEMENT
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1730 Varsity Drive, Suite 500 Impact S 11 0 25 50
Raleigh, North Carolina 27606 Date:
0: 919.233.8091 F: 919.233.8031 Ammons Property Jan 5, 2023
17

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1730 Varsity Drive, Suite 500 Impact S 12 0 25 50
Raleigh, North Carolina 27606 Date:
O: 919.233.8091 F: 919.233.8031 Ammons Property Dec 6 2022

EXISTING STREAM / I
CENTERLINE
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`v
1730 Varsity Drive, Suite 500 Impact S13 0 25 50
Raleigh, North Carolina 27606 Date:
O: 919.233.8091 F: 919.233.8031 Ammons Property Dec 6 2022

DocuSign Envelope ID: 42821586-913F-49B3-932A-02FA2A16FOBO
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
January 11, 2023
DWR # 20220972
Wake County
BCUS Acquisitions, LLC
Attn: Mr. E. William Meyer
4020 West Chase Boulevard, Suite 150
Raleigh, NC 27607
Delivered via email to: [e-mail]
Subject: Approval of Individual 401 Water Quality Certification
Ammons Development
USACE Action ID. No. SAW-2022-00367
Dear Mr. Meyer:
Attached hereto is a copy of Certification No. WQC005513 issued to Mr. E. William Meyer and BCUS
Acquisitions, LLC, dated January 11, 2023. 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 regardless of the quantity of the withdrawal or the date on which
the withdrawal was initiated or expanded.
Upon the presentation of proper credentials, the Division may inspect the property.
��� North Carolina Department of Environmental Quality I Division of Water Resources
4NQ512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
D.P cnRouru 919.707.9000
o�r�emat�,mmnmemaio�ai� /�

DocuSign Envelope ID: 42821586-913F-49B3-932A-02FA2A16FOB0
BCUS Acquisitions, LLC
DWR# 20220972
Individual Certification #WQC005513
Page 2 of 16
This Water Quality Certification shall expire on the same day as the expiration date of the corresponding
Section 404 Permit. The conditions shall remain in effect for the life of the project, regardless of the
expiration date of this Water Quality Certification.
Non-compliance with or violation of the conditions herein set forth may result in revocation of this
Water Quality Certification for the project and may also result in criminal and/or civil penalties.
If you are unable to comply with any of the conditions of this Water Quality Certification you must notify
the Raleigh Regional Office within 24 hours (or the next business day if a weekend or holiday) from the
time the permittee becomes aware of the circumstances.
The permittee shall report to the Raleigh Regional Office any noncompliance with, and/or any violation
of, stream or wetland standards [15A NCAC 02B .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 [phone].
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
Certification in accordance with N.C.G.S 15013-23(a).
This letter completes the Division's review under section 401 of the Clean Water Act and 15A NCAC 02H
.0500. Please contact Sue Homewood at 336-776-9693 or [e-mail] if you have any
questions or concerns.
Sincerely,
E DocuSigned by,
v
A43C727OOBD543E...
Katie Merritt, Acting Supervisor
401 & Buffer Permitting Branch
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORTH WOLM -
uepr ,M m Oman l wa\ /�
919.707.9000

DocuSign Envelope ID: 42821586-913F-49B3-932A-02FA2A16FOB0
BCUS Acquisitions, LLC
DWR# 20220972
Individual Certification #WQC005513
Page 3 of 16
Electronic cc: Chris Huysman, Wetland & Waters
Samantha Dailey, USACE Raleigh Regulatory Field Office
Todd Bowers, EPA
DWR RRO
DWR 401 & Buffer Permitting Branch Electronic file
Filename: 20220972 Ammons Dev — Wake — 4011C.docx
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORTH WOLM -
oepr ,Mmr�.man lUW /� 919.7�7.9���

DocuSign Envelope ID: 42821586-913F-49B3-932A-02FA2A16FOBO
BCUS Acquisitions, LLC
DWR# 20220972
Individual Certification #WQC005513
Page 4 of 16
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #WQC005513 is issued in conformity with the requirements of Section 401, Public Laws
92-500 and 95-217 of the United States and subject to North Carolina's Regulations in 15 NCAC 02H .0500
and 15A NCAC 02B .0200, to Mr. E. William Meyer and BCUS Acquisitions, LLC, who have authorization for
the impacts listed below, as described within your application received by the N.C. Division of Water
Resources (Division) on July 19, 2022 and subsequent information on September 29, 2022, October 6,
2022, November 28, 2022, December 12, 2022 and January 5, 2023, and by Public Notice issued by the U.
Army Corps of Engineers on September 14, 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
Mitigation Amount
Required
Stream
R1 - Roadway
191 (linear feet) culvert
60 (linear feet) riprap
59 (linear feet)
191 linear feet
R3 - Roadway
237 (linear feet) culvert
85 (linear feet) riprap
50 (linear feet)
237 linear feet
S2 - Sewer
0 (linear feet)
46 (linear feet)
0 linear feet
S10 - Sewer
0 (linear feet)
45 (linear feet)
0 linear feet
S103- Sewer
0 (linear feet)
41 (linear feet)
0 linear feet
4041401 Wetlands
R1 - Roadway
0.064 (acres)
0 (acres)
0.064 acres
R2 - Roadway
0.23 (acres)
0 (acres)
0.23 acres
R3 - Roadway
0.16 (acres)
0.05 (acres)
0.16 acres
S1— Sewer
0.02 (acres) conversion
0 (acres)
0 acres
S2 — Sewer
0.05 (acres) conversion
0.02 (acres)
0 acres
S3 — Sewer
0.01 (acres) conversion
0 (acres)
0 acres
S5 — Sewer
0.12 (acres) conversion
0.03 (acres)
0 acres
S7 — Sewer
0.08 (acres) conversion
0.01 (acres)
0 acres
S8 — Sewer
0.20 (acres) conversion
0.06 (acres)
0 acres
S9 — Sewer
0.14 (acres) conversion
0 .05(acres)
0 acres
S11— Sewer
0.17 (acres) conversion
0.06 (acres)
0 acres
S12 — Sewer
0.005 (acres) conversion
0.005 (acres)
0 acres
G1— Fill
0.58 (acres)
0 (acres)
0.58 acres
G2 — Fill
0.33 (acres)
0 (acres)
0.33 acres
This approval requires you to follow the conditions listed in the certification below.
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORTH WOLM -
oepr ,Mmr�.man lQW /� 919.7�7.9���

DocuSign Envelope ID:42821586-913F-49B3-932A-02FA2A16FOBO
BCUS Acquisitions, LLC
DWR# 20220972
CONDITIONS OF CERTIFICATION [15A NCAC 02H .0507(c)]:
Individual Certification #WQC005513
Page 5 of 16
1. Mitigation must be provided for the proposed impacts as specified in the table below. Mitigation is
proposed to be phased according to the table below. The Division has received an acceptance letter
from the Falling Creek Umbrella Mitigation Bank to meet this mitigation requirement. Until the
Falling Creek Umbrella Mitigation Bank receives and clears your payment, and proof of payment has
been provided to this Office, no impacts specified in this Authorization Certificate shall occur. For
accounting purposes, this Authorization Certificate authorizes payment to the Falling Creek
Umbrella Mitigation Bank to meet the following compensatory mitigation requirement.
Phase /
Compensatory Mitigation Required
River and Sub -basin
Impact areas
Number
Stream
Phase 1
191 linear feet
Neuse
R1
03020201
Stream
Phase 4
237 linear feet
Neuse
R2
03020201
Wetland
Phase 1
0.644 (acres)
Neuse
R1, G1
03020201
Wetland
Phase 2
0.56 (acres)
Neuse
R2, G2
03020201
Wetland
Phase 4
0.16 (acres)
Neuse
R3
03020201
Citation: 15A NCAC 02H .0506(c); 15A NCAC 02H .0507(c)
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. In determining that the proposed activity will
comply with state water quality standards (including designated uses, numeric criteria, narrative
criteria and the state's antidegradation policy), the project must provide for replacement of existing
uses through compensatory mitigation.
2. When final design plans are completed for Roadway Crossing R3 the Permittee shall submit a copy
to the Division for review. Final designs shall reflect all appropriate avoidance, minimization, and
mitigation for impacts to wetlands, streams, and other surface waters. The Permittee shall submit a
permit modification request if the impacts from the final design of R3 are different than those
identified in this approval. No construction activities (including temporary impacts) shall begin at
impact area R3 until after a permit modification has been secured, or the Division has acknowledged
review of the final design drawings.
Citation: 15A NCAC 02H .0506(b)(2) and (3); 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.
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORTH WOLM -
oepr ,Mmr�.man lw.l\ /� 919.7�7.9���

DocuSign Envelope ID: 42821586-913F-49B3-932A-02FA2A16FOB0
BCUS Acquisitions, LLC
DWR# 20220972
Individual Certification #WQC005513
Page 6 of 16
3. Any additional impacts to streams and/or wetlands as a result of future roads, buildings, driveways,
utility lines or other development related activities within the Ammons Development may be
considered cumulative to impacts approved in this Certification and may require a modification of
this 401 Water Quality Certification approval.
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.
4. The Permittee shall secure an approved stormwater management plan (SMP) from Wake County
before any impacts authorized in this certification occur. The applicable portion of the approved
SMP shall be constructed and operational before any permanent building or other permanent
structure is occupied at the site. If any of the SCMs are used as an Erosion and Sediment Control
device, it must be restored to the approved stormwater design condition within 30 days of close-out
of the Erosion and Sediment Control Plan.
The Permittee shall ensure that all final construction plans for the development comply with the
commitments ensure that downstream hydrology is provided to all jurisdictional features within the
project limits made within the 401 application and supplemental documents. If any additional direct,
or indirect, stream, wetland, or open water impacts result from final SMP design and/or review or
approval then Permittee shall submit an application to modify the 401 certification to account for
the additional impacts. Any such impact will be considered cumulative to the project.
Citation: 15A NCAC 02H .0506(b)(2) and (3); 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.
5. All wetlands, streams, and surface waters located within 50 feet of the construction area on the
project site shall be clearly marked (example- orange fabric fencing) prior to any land disturbing
activities and must be maintained on the property until the project phase is completed.
Citation: 15A NCAC 02H .0506(b)(2); 15A NCAC 02H .0507(c)
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. In determining that the proposed activity will
comply with state water quality standards (including designated uses, numeric criteria, narrative
criteria and the state's antidegradation policy), the Division must evaluate if the activity has avoided
and minimized impacts to waters, would cause or contribute to a violation of standards or would
result in secondary or cumulative impacts.
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORTH WOLM -
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DocuSign Envelope ID: 42821586-913F-49B3-932A-02FA2A16FOB0
BCUS Acquisitions, LLC
DWR# 20220972
Individual Certification #WQC005513
Page 7 of 16
6. All sewer lines shall be designed, constructed and maintained in accordance with Title 15A
NCAC Chapter 02T, applicable Minimum Design Criteria (MDC), and/or Alternative Design
Criteria.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: The referenced Minimum Design criteria and 02T rules were adopted to ensure
that conditions of waters be suitable for all best uses provided for in state rule (including, at
minimum: aquatic life propagation, survival, and maintenance of biological integrity,
wildlife: secondary contact recreation: agriculture); and that activities must not cause water
pollution that precludes any best use on a short-term or long-term basis.
7. Any utility construction corridor that is parallel to a stream or open water shall not be closer
than 10 feet to the top of bank or ordinary high-water mark.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: A project that affects waters shall not be permitted unless the existing uses, and
the water quality to protect such uses, are protected. In determining that the proposed
activity will comply with state water quality standards (including designated uses, numeric
criteria, narrative criteria and the state's antidegradation policy), the Division must evaluate if
the activity has avoided and minimized impacts to waters, would cause or contribute to a
violation of standards or would result in secondary or cumulative impacts.
8. Where there are temporary or permanent impacts from stream crossings, utility lines shall
cross the stream channel at a near -perpendicular direction (i.e., between 75 degrees and 105
degrees to the stream bank).
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: A project that affects waters shall not be permitted unless the existing uses, and
the water quality to protect such uses, are protected. In determining that the proposed
activity will comply with state water quality standards (including designated uses, numeric
criteria, narrative criteria and the state's antidegradation policy), the Division must evaluate if
the activity has avoided and minimized impacts to waters, would cause or contribute to a
violation of standards or would result in secondary or cumulative impacts.
9. Construction corridors in wetlands and/or across stream channels shall be minimized to the
maximum extent practicable and shall not exceed 40 feet wide except at impact location S5
where utilities are co -located.
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
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORTH WOLM -
uepr ,M m Oman l wa\ /�
919.707.9000

DocuSign Envelope ID: 42821586-913F-49B3-932A-02FA2A16FOB0
BCUS Acquisitions, LLC
DWR# 20220972
Individual Certification #WQC005513
Page 8 of 16
activity will comply with state water quality standards (including designated uses, numeric
criteria, narrative criteria and the states antidegradation policy), the Division must evaluate if
the activity has avoided and minimized impacts to waters, would cause or contribute to a
violation of standards or would result in secondary or cumulative impacts.
10. 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.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: A project that affects waters shall not be permitted unless the existing uses, and
the water quality to protect such uses, are protected. In determining that the proposed
activity will comply with state water quality standards (including designated uses, numeric
criteria, narrative criteria and the state-s antidegradation policy), the Division must evaluate if
the activity has avoided and minimized impacts to waters, would cause or contribute to a
violation of standards or would result in secondary or cumulative impacts.
11. For all utility lines constructed within wetlands, an anti -seep collar shall be placed at the
downstream (utility line gradient) wetland boundary and every 150 feet up the gradient
until the utility exits the wetland. Anti -seep collars may be constructed with class B
concrete, compacted clay, PVC pipe, or metal collars. Wetland crossings that are
directionally drilled, and perpendicular wetland crossings that are open cut and less than
150 feet long do not require anti -seep collars. The compacted clay shall have a specific
infiltration of 1 X 10-5 cm/sec or less. A section and plan view diagram is attached for the
anti -seep collars.
The following specifications shall apply to class B concrete:
i. Minimum cement content, sacks per cubic yard with rounded coarse aggregate 5.0
ii. Minimum cement content, sacks per cubic yard with angular coarse aggregate 5.5
iii. Maximum water -cement ratio gallons per sack 6.8
iv. Slump range 2" to 4"
V. Minimum strength - 28-day psi 2,500
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: A project that affects waters shall not be permitted unless the existing uses,
and the water quality to protect such uses, are protected. In determining that the proposed
activity will comply with state water quality standards (including designated uses, numeric
criteria, narrative criteria and the state's antidegradation policy), the Division must evaluate
if the activity has avoided and minimized impacts to waters, would cause or contribute to a
violation of standards or would result in secondary or cumulative impacts.
12. Within all utility corridors, the permittee shall restore 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
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORTH WOLM -
uepr ,M m Oman l wa\ /�
919.707.9000

DocuSign Envelope ID: 42821586-913F-49B3-932A-02FA2A16FOB0
BCUS Acquisitions, LLC
DWR# 20220972
Individual Certification #WQC005513
Page 9 of 16
fabric to minimize impacts whenever possible. Topsoil excavated from utility trenches will
be piled separately from subsoils and will be backfilled into the trench only after the
subsoils have been placed and compacted.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: A project that affects waters shall not be permitted unless the existing uses,
and the water quality to protect such uses, are protected. In determining that the proposed
activity will comply with state water quality standards (including designated uses, numeric
criteria, narrative criteria and the state's antidegradation policy), the Division must evaluate
if the activity has avoided and minimized impacts to waters, would cause or contribute to a
violation of standards or would result in secondary or cumulative impacts.
13. The permittee shall report to the DWR Raleigh Regional Office any noncompliance with, and/or any
violation of, stream or wetland standards [15A NCAC 02B .0200], including but not limited to sediment
impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next
business day if a weekend or holiday) from the time the permittee became aware of the non-
compliance circumstances.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: Timely reporting of non-compliance is important in identifying and minimizing
detrimental impacts to water quality and avoiding impacts due to water pollution that precludes any
best use on a short-term or long-term basis.
14. 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.
15. 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.
16. 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.
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORTH WOLM -
uepr ,M m Oman l wa\ /�
919.707.9000

DocuSign Envelope ID: 42821586-913F-49B3-932A-02FA2A16FOB0
BCUS Acquisitions, LLC
DWR# 20220972
Individual Certification #WQC005513
Page 10 of 16
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCACO28.0200; 15A NCAC 02B
.0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils,
deleterious substances, or colored or other wastes: only such amounts as shall not render the waters
injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the
palatability offish, aesthetic quality, or impair the waters for any designated uses, and (21) turbidity
in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not
designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters;
for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU; if
turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall
not be increased. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases
shall not be present in amounts that may cause adverse impacts on existing wetland uses; and (3)
Materials producing color or odor shall not be present in amounts that may cause adverse impacts
on existing wetland uses.
17. 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 028.0200; 15A NCAC 02B
.0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils,
deleterious substances, or colored or other wastes: only such amounts as shall not render the waters
injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the
palatability offish, aesthetic quality, or impair the waters for any designated uses; and (21) turbidity
in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not
designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters;
for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU; if
turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall
not be increased. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases
shall not be present in amounts that may cause adverse impacts on existing wetland uses; and (3)
Materials producing color or odor shall not be present in amounts that may cause adverse impacts
on existing wetland uses.
18. 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)
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORTH WOLM -
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DocuSign Envelope ID: 42821586-913F-49B3-932A-02FA2A16FOB0
BCUS Acquisitions, LLC
DWR# 20220972
Individual Certification #WQC005513
Page 11 of 16
Justification: A project that affects waters shall not be permitted unless the existing uses (including
aquatic life propagation and biological integrity), and the water quality to protect such uses, are
protected. Protections are necessary to ensure any remaining surface waters or wetlands, and any
surface waters or wetlands downstream, continue to support existing uses during and after project
completion. The Division must evaluate if the activity has avoided and minimized impacts to waters,
would cause or contribute to a violation of standards, or would result in secondary or cumulative
impacts.
19. 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 028.0200, 15A NCAC 02B
.0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils,
deleterious substances, or colored or other wastes: only such amounts as shall not render the waters
injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the
palatability offish, aesthetic quality, or impair the waters for any designated uses; and (21) turbidity
in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not
designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters;
for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU; if
turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall
not be increased. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases
shall not be present in amounts that may cause adverse impacts on existing wetland uses; and (3)
Materials producing color or odor shall not be present in amounts that may cause adverse impacts
on existing wetland uses.
20. All work in or adjacent to streams shall be conducted so that the flowing stream does not come in
contact with the disturbed area. Approved best management practices from the most current
version of the NC Sediment and Erosion Control Manual, or the NC Department of Transportation
Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams, and
other diversion structures shall be used to minimize excavation in flowing water.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 028.0200
Justification: Surface water quality standards require that conditions of waters be suitable for all best
uses provided for in state rule, and that activities must not cause water pollution that precludes any
best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious
substances, or colored or other wastes: only such amounts as shall not render the waters injurious to
public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability
offish, aesthetic quality, or impair the waters for any designated uses; and (21) turbidity in the
receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated
as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters; for lakes and
reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU; if turbidity exceeds
these levels due to natural background conditions, the existing turbidity level shall not be increased.
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORTH WOLM -
uepr ,M m Oman l wa\ /�
919.707.9000

DocuSign Envelope ID: 42821586-913F-49B3-932A-02FA2A16FOB0
BCUS Acquisitions, LLC
DWR# 20220972
Individual Certification #WQC005513
Page 12 of 16
21. Culverts shall be designed and installed in such a manner that the original stream profiles are not
altered and allow for aquatic life movement during low flows. The dimension, pattern, and profile
of the stream above and below a pipe or culvert shall not be modified by widening the stream
channel or by reducing the depth of the stream in connection with the construction activity. The
width, height, and gradient of a proposed culvert shall be such as to pass the average historical low
flow and spring flow without adversely altering flow velocity. If the width of the culvert is wider than
the stream channel, the culvert shall include multiple boxes/pipes, baffles, benches and/or sills to
maintain the natural width of the stream channel. If multiple culverts/pipes/barrels are used, low
flows shall be accommodated in one culvert/pipe and additional culverts/pipes shall be installed
such that they receive only flows above bankfull.
Placement of culverts and other structures in streams shall be below the elevation of the streambed
by one foot for all culverts with a diameter greater than 48 inches, and 20% of the culvert diameter
for culverts having a diameter less than or equal to 48 inches, to allow low flow passage of water
and aquatic life. If the culvert outlet is submerged within a pool or scour hole 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.
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORTH WOLM -
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DocuSign Envelope ID: 42821586-913F-49B3-932A-02FA2A16FOB0
BCUS Acquisitions, LLC
DWR# 20220972
Individual Certification #WQC005513
Page 13 of 16
22. Application of fertilizer to establish planted/seeded vegetation within disturbed riparian areas
and/or wetlands shall be conducted at agronomic rates and shall comply with all other Federal,
State and Local regulations. Fertilizer application shall be accomplished in a manner that minimizes
the risk of contact between the fertilizer and surface waters.
Citation: 15A 02H .0506(b), 15A NCAC 02H .0507(c), 15A NCAC 02B .0200, 15A NCAC 02B .0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils,
deleterious substances, or colored or other wastes: only such amounts as shall not render the waters
injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the
palatability offish, aesthetic quality, or impair the waters for any designated uses. As cited in
Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in
amounts that may cause adverse impacts on existing wetland uses; and (3) Materials producing
color or odor shall not be present in amounts that may cause adverse impacts on existing wetland
uses.
23. If concrete is used during construction, then all necessary measures shall be taken to prevent direct
contact between uncured or curing concrete and waters of the state. Water that inadvertently
contacts uncured concrete shall not be discharged to waters of the state.
Citation: 15A 02H .0506(b), 15A NCAC 02H .0507(c); 15A NCAC 02B .0200, 15A NCAC 02B .0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils,
deleterious substances, or colored or other wastes: only such amounts as shall not render the waters
injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the
palatability offish, aesthetic quality, or impair the waters for any designated uses. As cited in
Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in
amounts that may cause adverse impacts on existing wetland uses; and (3) Materials producing
color or odor shall not be present in amounts that may cause adverse impacts on existing wetland
uses.
24. 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.
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORTH WOLM -
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DocuSign Envelope ID: 42821586-913F-49B3-932A-02FA2A16FOB0
BCUS Acquisitions, LLC
DWR# 20220972
Individual Certification #WQC005513
Page 14 of 16
25. 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.
26. Any rip -rap required for proper culvert placement, stream stabilization, or restoration of temporarily
disturbed areas shall be restricted to the area directly impacted by the approved construction
activity. All rip -rap shall be placed such that the original streambed elevation and streambank
contours are restored and maintained and shall consist of clean rock or masonry material free of
debris or toxic pollutants. Placement of rip -rap or other approved materials shall not result in de-
stabilization of the stream bed or banks upstream or downstream of the area or be installed in a
manner that precludes aquatic life passage.
Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all best
uses provided for in state rule, and that activities must not cause water pollution that precludes any
best use on a short-term or long-term basis. The Division must evaluate if the activity has avoided
and minimized impacts to waters, would cause or contribute to a violation of standards, or would
result in secondary or cumulative impacts.
27. Any rip -rap used for stream or shoreline stabilization shall be of a size and density to prevent
movement by wave, current action, or stream flows, and shall consist of clean rock or masonry
material free of debris or toxic pollutants. Rip -rap shall not be installed in the streambed except in
specific areas required for velocity control and to ensure structural integrity of bank stabilization
measures.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0201
Justification: Surface water quality standards require that conditions of waters be suitable for all best
uses provided for in state rule, and that activities must not cause water pollution that precludes any
best use on a short-term or long-term basis. The Division must evaluate if the activity has avoided
and minimized impacts to waters, would cause or contribute to a violation of standards, or would
result in secondary or cumulative impacts.
28. 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
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
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919.707.9000

DocuSign Envelope ID: 42821586-913F-49B3-932A-02FA2A16FOB0
BCUS Acquisitions, LLC
DWR# 20220972
Individual Certification #WQC005513
Page 15 of 16
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 028.0200; 15A NCAC 028
.0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils,
deleterious substances, or colored or other wastes: only such amounts as shall not render the waters
injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the
palatability offish, aesthetic quality, or impair the waters for any designated uses. As cited in
Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in
amounts that may cause adverse impacts on existing wetland uses; and (3) Materials producing
color or odor shall not be present in amounts that may cause adverse impacts on existing wetland
uses.
29. 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 028.0231
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.
30. In accordance with 143-215.85(b), the permittee shall report any petroleum spill of 25 gallons or
more; any spill regardless of amount that causes a sheen on surface waters; any petroleum spill
regardless of amount occurring within 100 feet of surface waters; and any petroleum spill less than
25 gallons that cannot be cleaned up within 24 hours.
Citation: 15A NCAC 02H .0507(c); N.C.G.S 143-215.85(b)
Justification: Person(s) owning or having control over oil or other substances upon notice of
discharge must immediately notify the Department, or any of its agents or employees, of the 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.
31. 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)
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORTH WOLM -
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DocuSign Envelope ID: 42821586-913F-49B3-932A-02FA2A16FOB0
BCUS Acquisitions, LLC
DWR# 20220972
Individual Certification #WQC005513
Page 16 of 16
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.
32. The permittee shall require its contractors and/or agents to comply with the terms and conditions of
this certification in the construction and maintenance of this project, and shall provide each of its
contractors and/or agents associated with the construction or maintenance of this project with a
copy of this Water Quality Certification. A copy of this Water Quality Certification shall be available
at the project site during the construction and maintenance of this project.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: Those actually performing the work should be aware of the requirements of this 401
Water Quality Certification to minimize water quality impacts.
This approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in
your application shall expire upon expiration of the 404 Permit. The conditions in effect on the date of
issuance shall remain in effect for the life of the project, regardless of the expiration date of this
Certification. [15A NCAC 02H .0507(c)]
This, the 11tb day of January 2023
E DocuSigned by,
v
A43C727OOBD543E...
Katie Merritt, Acting Supervisor
401 & Buffer Permitting Branch
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
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