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HomeMy WebLinkAbout20220652 Ver 3_Cramer Estates NWP 29 Revision Compressed_20230616Jennifer Robertson From: Perez, Douglas J <doug.perez@ncdenr.gov> Sent: Friday, April 29, 2022 2:11 PM To: Jennifer Robertson Subject: RE: [External] Cramer Estates - Gastonia Hey Jennifer, That should be good to use as the 3o-day pre -filing notice. I'm fine with that. Let me know if something comes up or it doesn't let you use it. Doug From: Jennifer Robertson [mailto:jrobertson@atlasenvi.com] Sent: Thursday, April 28, 2022 4:48 PM To: Perez, Douglas J <doug.perez@ncdenr.gov> Subject: [External] Cramer Estates - Gastonia CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. Doug, Will this email correspondence with Alan back in March serve as the 30-day notice for this permit application? If so will you please respond as such and I will include a copy of this correspondence on the cover of the application. Thanks! Thank you, Jennifer L Robertson, President ATLAS Environmental, Inc. 338 S. Sharon Amity Road, #411 Charlotte, NC 28211 (704) 512-1206 office (828) 712-9205 mobile www.atiasenvi.com Offices in Asheville and Charlotte AD MENTAL Preliminary ORM Data Entry Fields for New Actions SAW-2022-00421 BEGIN DATE [Received Date]: Prepare file folder ❑ Assign Action ID Number in ORM ❑ 1. Project Name [PCN Form A2a]: Cramer Estates 2. Work Type: Private ❑ Institutional ❑ Government ❑ Commercial ❑✓ 3. Project Description / Purpose [PCN Form 133d and 133e]: The project consists of 74 residential units. Phase 1 includes the construction of 29 detached residential homes and Phase 2 include 45. 4. Property Owner / Applicant [PCN Form A3 or A41: BBC Cramer Estates, LLC / Mr. Steve Bailey 5. Agent / Consultant [PCN Form AS — or ORM Consultant ID Number]: Atlas Environmental, Jennifer Robertson 6. Related Action ID Number(s) [PCN Form B5b]: Action ID SAW-2022-00421 7. Project Location - Coordinates, Street Address, and/or Location Description [PCN Form 131b]: 529 Stroupe Road Gastonia, NC 28056 35.2187370 /-81.116231 0 8. Project Location -Tax Parcel ID [PCN Form 131a]: 149235, 149236, and 225609 9. Project Location — County [PCN Form A2b]: Gaston 10. Project Location — Nearest Municipality or Town [PCN Form A2c]: Gastonia 11. Project Information — Nearest Waterbody [PCN Form 132a]: Catawba Creek, Class C, # 11-130 12. Watershed / 8-Digit Hydrologic Unit Code [PCN Form 132c]: Upper Catawba 03050101 Authorization: Section 10 ❑ Section 404 Regulatory Action Type: ❑Standard Permit ✓ Nationwide Permit # 29 ❑ Regional General Permit # ❑ Jurisdictional Determination Request ❑✓ Section 10 & 404 ❑ ❑Pre -Application Request Unauthorized Activity 0 Compliance ❑ No Permit Required Revised 20150602 TLAS VIRONMENTAL June 16, 2023 US Army Corps of Engineers NC Division of Water Resources Charlotte Regulatory Field Office 401 and Buffer Permitting Unit Attn: Krysta Stygar Attn: Stephanie Goss 8430 University Executive Park Drive, Suite 611 1617 Mail Service Center Charlotte, North Carolina 28262 Raleigh, North Carolina 27699-1617 Re: Cramer Estates - +/- 48.94 acres 529 Stroupe Road Gastonia, NC 28056 Nationwide Permit 29 Application Revision Action ID SAW 2022-00421 / DWR Project #: 22-0652 Krysta/Stephanie: The applicant, Steve Bailey of Prestige Corporate Development, LLC, is requesting approval of the enclosed Nationwide Permit 29 revision for unavoidable impacts to Waters of the United States. Due to the limitations of the existing culvert, a new site plan and additional stream impacts for this project are necessary for development to continue. Atlas Environmental completed a stream and wetland delineation on February 9, 2019 and a jurisdictional determination was issued on March 17, 2021. The project is for the construction of a residential subdivision and is a phased project. Phase 2 was previously permitted under an NWP 29 as Phase 1 which was issued on June 08, 2022. Impacts associated with this Phase 1 included one stream impact on channel CH 200 (S1: 0.004 Ac) and two isolated wetland impacts at wetlands WL 2000 and WL 2100 (0.042 Ac and 0.005 Ac respectively). Previously, Phase 2 (now referred to as Phase 1) of the Cramer Estates development required one unavoidable stream impact referred to as Impact S1 for a permanent culverted stream crossing. The impact area included 115 linear feet (0.016 acre) of perennial channel CH 300. Unavoidable impacts for what is now known as Phase 1 include Impact S1. Impact S1 (144 linear feet or 0.021 acre) is a permanent impact involving impacts to perennial channel CH 300 for a culvert crossing. The culvert crossing will include wingwalls at the culvert inlet and outlet to avoid and minimize impacts. Rip -rap will be embedded into the channel bed at the culvert inlet and outlet for long term stability to prevent erosive conditions. Unavoidable impacts for what is now known as Phase 2 include Impact S2. Impact S2 (122 linear feet or 0.005 acre) is a permanent impact involving impacts to intermittent channel CH 200 for culvert improvements and extension. The rotation and extension of the existing culvert that connects CH 200 and EPH 200 is required to better accommodate the site plan. The culvert crossing will include wingwalls at the culvert inlet and outlet to avoid and minimize impacts. A rip -rap dissipater pad will be embedded into the channel bed at the culvert outlet for long term stability to prevent erosive conditions. ATLAS Environmental, Inc. 338 S. Sharon Amity Road, #411 Charlotte, North Carolina 28211 704-512-1206 (o) / 828-712-9205 (m) www.atlasenvi.com / Offices in Asheville and Charlotte LrA The combined stream impact for Phase 1 and Phase 2 totals 266 linear feet or 0.026 acre. Additional impacts are being avoided by site design. Over 94% of streams within the review will not be impacted and no wetland impacts are proposed for this project. While a FEMA floodplain does exist within Phase 2 of the review area, no impacts or development is proposed within the floodplain. Because no wetlands are proposed for impacts, no wetland mitigation is required. However, because stream impacts exceed 0.021 acre, stream mitigation will be required. Enclosed are the necessary nationwide permit 29 verification documents and additional information. Thank you for your attention to the enclosed request. Please contact me if you need any additional information. Best regards, "& adote Layla Tallent, Botanist Itallent@atlasenvi.com ATLAS Environmental, Inc. 338 S. Sharon Amity Road, #411 Charlotte, North Carolina 28211 704-512-1206 (o) / 828-712-9205 (m) www.atlasenvi.com / Offices in Asheville and Charlotte 1 /11 /23, 8:47 AM Resume Submission DWR D]Wslon of Water Resources Pre -Construction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) April 13, 2022 Ver 4.3 Please note: fields marked with a red asterisk below are required. You will not be able to submit the form until all mandatory questions are answered. Also, if at any point you wish to print a copy of the E-PCN, all you need to do is right -click on the document and you can print a copy of the form. Below is a link to the online help file. https://edocs.deq.nc.govMlaterResources/O/edoc/624704/PCN%2OHelp%20File%202018-1-30.pdf (https://edocs.deq.nc.gov/WaterResources/0/doc/603610/Pagel.aspx) A. Processing Information Pre -Filing Meeting Date Request was submitted on:* 4/29/2022 If this is a courtesy copy, please fill in this with the submission date. County (or Counties) where the project is located:* Gaston Add additional county Is this a NCDMS Project* 0 Yes Q No Click Yes, only if NCDMS is the applicant or co -applicant. DO NOT CHECK YES, UNLESS YOU ARE DMS OR CO -APPLICANT. Is this project a public transportation project?* v 0 Yes I No This is any publicly funded by municipal,state or federal funds road, rail, airport transportation project. 1 a. Type(s) of approval sought from the Corps:* 19 Section 404 Permit (wetlands, streams and waters, Clean Water Act) ❑ Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Has this PCN previously been submitted?* Q Yes 0 No Please provide the date of the previous submission.* 4/28/2022 1 b. What type(s) of permit(s) do you wish to seek authorization?* 19 Nationwide Permit (NWP) ❑ Regional General Permit (RGP) ❑ Standard (IP) https://edocs.deq.nc.gov/Forms/form/resume/865/295365 1 /12 1 /11 /23, 8:47 AM Resume Submission 1c. Has the NWP or GP number been verified by the Corps?* Q Yes p No Nationwide Permit (NWP) Number: Add additional NWP NWP Numbers (for multiple NWPS): List all NW numbers you are applying for not on the drop down list. 1d. Type(s) of approval sought from the DWR: check all that apply Q 401 Water Quality Certification - Regular ❑ Non-404 Jurisdictional General Permit ❑ Individual 401 Water Quality Certification 29 - Residential Developments le. Is this notification solely for the record because written approval is not required? .......................................................................................................................................................................................................................................................... ❑ 401 Water Quality Certification - Express ❑ Riparian Buffer Authorization * For the record only for DWR 401 Certification: Q Yes ) No For the record only for Corps Permit: Q Yes * No 1f. Is this an after -the -fact permit application?* Q Yes pQ No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. Q Yes p No Acceptance Letter Attachment Click the upload button or drag and drop files here to attach document Upload Cramer Estates - SOA 1-9-23.pdf 162.08KB FILE TYPE MUST BE PDF v 1 In. Is the project located in any of NC's twenty coastal counties? Yes (g No 1j. Is the project located in a designated trout watershed?* Q Yes * No Link to trout information: http://www.saw.usace.army.mil/Missions/Regulatory-Permit-Program/Agency-Coordination/Trout.aspx (http://www.saw.usace.army.miI/Missions/Regulatory- Pe rm it-Prog ram/Age ncy-Coord i nation/Trout.aspx) B. Applicant Information 1a. Who is the Primary Contact?* Atlas Environmental 1b. Primary Contact Email:* jrobertson@atlasenvi.com 1d. Who is applying for the permit?* Owner (Check all that apply) 1c. Primary Contact Phone:* (xxx)xxx-xxxx (704)512-1206 Applicant (other than owner) x https://edocs.deq.nc.gov/Forms/form/resume/865/295365 2/12 1/11/23, 8:47AM Resume Submission le. Is there an Agent/Consultant for this project?* Yes - No 2. Owner Information 2a. Name(s) on recorded deed:* BBC Cramer Estates 2b. Deed book and page no.: 5325/1314 2c. Contact Person: (for Corporations) Steve Bailey 2d. Address* Street Address 7224 Jameson Way Address Line 2 State / Province / Region Stanley NC Postal / Zip Code Country 28164 USA 2e. Telephone Number:* (xxx)xxx-xxxx (704)607-5059 2f. Fax Number: (xxx)xxx-xxxx 2g. Email Address:* steve@pcdllc.net Add another owner 4. Agent/Consultant (if applicable) 4a. Name:* Jennifer Robertson 4b. Business Name: (if applicable) Atlas Environmental https://edocs.deq.nc.gov/Forms/form/resume/865/295365 3/12 1/11/23, 8:47AM Resume Submission 4c. Address* Street Address 338 S. Sharon Amity Road #411 Address Line 2 City State / Province / Region Charlotte NC Postal / Zip Code Country 28211 USA 4d. Telephone Number:* 4e. Fax Number: (704)512-1206 (xxx)xxx-xxxx (xxx)xxx-xxxx 4f. Email Address:* jrobertson@atlasenvi.com C. Project Information and Prior Project History 1. Project Information 1a. Name of project:* Cramer Estates 1b. Subdivision name: (if appropriate) 1 c. Nearest municipality / town: Gastonia 2. Project Identification 2a. Property Identification Number: 2b. Property size: (tax PIN or parcel ID) (in acres) 149235, 149236, and 22560! 48.94 2c. Project Address Street Address 529 Stroupe Road Addr( ;s Line 2 State / Province / Region Gastonia NC Postal / Zip Code Country 28056 USA 2d. Site coordinates in decimal degrees Please collect site coordinates in decimal degrees. Use between 4-6 digits (unless you are using a survey -grade GPS device) after the decimal place as appropriate, based on how the location was determined. (For example, most mobile phones with GPS provide locational precision in decimal degrees to map coordinates to 5 or 6 digits after the decimal place.) Latitude: * Longitude:* https://edocs.deq.nc.gov/Forms/form/resume/865/295365 4/12 1 /11 /23, 8:47 AM Resume Submission 35.218737'-81.116231 ° ex: 34.208504-77.796371 3. Surface Waters 3a. Name of the nearest body of water to proposed project: Catawba Creek 3b. Water Resources Classification of nearest receiving water:* C Surface Water Lookup (https://ncdenr.maps.arcgis.com/apps/webappviewer/index.html?id=6el25ad7628f494694e259c8Odd64265) 3c. What river basin(s) is your project located in?* Catawba Add another river basin 3d. Please provide the 12-digit HUC in which the project is located.* 030501011502 River Basin Lookup (http://ncdenr.maps.arcgis.com/apps/Publicinformation/index.html?appid=ad3a85aOc6d644aOb97cdO69db238ac3) 4. Project Description and History 4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:* During the field assessment no residences or structures were observed to currently exist within the review area. The surrounding area consists predominantly of residential homes and forested areas. The land use of the review area is currently vacant and undeveloped consisting mostly of forested and recently logged areas. There are power line and sewer rights -of -way within the review area. The ground surface is generally sloping East and West away from Stroupe Road. The topographic relief of review area was approximately 100 feet with an approximate maximum elevation of 720 feet and minimum elevation of 620 feet. The surrounding area consists predominantly of detached single family residential homes and forested land. Approximately 40-45 percent of the review area has been logged within the past 1-2 years. Soil compositions consist primarily of Cecil sandy clay loam with minor components ofAppling sandy loam, Pacolet sandy loam, and Chewacla loam. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* Q Yes 0 No 0 Unknown If yes, please give the DWR Certification number or the Corps Action ID (exp. SAW-0000-00000). Corps: SAW-2022-00421 4f. List the total estimated acreage of all existing wetlands on the property: 0.057 4g. List the total estimated linear feet of all existing streams on the property: (intermittent and perennial) 4421 https://edocs.deq.nc.gov/Forms/form/resume/865/295365 5/12 1/11/23, 8:47AM Resume Submission 4h. Explain the purpose of the proposed project:* The project is for the construction of a residential subdivision consisting of 74 residential units. Phase 1 includes the construction of 29 detached residential homes and Phase 2 includes 45. This project will also include 3 common open spaces and 2 tree preservation areas for Phase 1 and 1 common open space for Phase 2. It will also require the construction of residential streets and cul-de-sacs. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* Unavoidable impacts for what is now known as Phase 1 include Impact S1. Impact S1 (144 linear feet or 0.021 acre) is a permanent impact involving impacts to perennial channel CH 300 for a culvert crossing. Unavoidable impacts for what is now known as Phase 2 include Impact S2. Impact S2 (122 linear feet or 0.005 acre) is a permanent impact involving impacts to intermittent channel CH 200 for culvert improvements and extension. Equipment will include standard commercial -grade industrial equipment. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* Yes No Comments: Atlas staff was on site on 2/03 and 2/09 5b. If the Corps made a jurisdictional determination, what type of determination was made?* Preliminary# Approved 0 Not Verified 0 Unknown N/A Corps AID Number: Example: SAW-2017-99999 SAW-2022-00421 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Atlas Environmental Staff Other: 0 Unknown 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR. 3/17/2022; 6/8/2022; 10/06/2022 6. Future Project Plans Ga. Is this a phased project?* 0 Yes No https://edocs.deq.nc.gov/Forms/form/resume/865/295365 6/12 1 /11 /23, 8:47 AM Resume Submission 6b. If yes, explain. Yes, both Phase 1 and Phase 2 will be permitted together. Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity? This includes other separate and distant crossing for linear projects that require Department of the Army authorization but don't require pre -construction notification. No D. Proposed Impacts Inventory 1. Impacts Summary la. Where are the impacts associated with your project? (check all that apply): ^ Wetlands Q Streams -tributaries Buffers Open Waters ❑ Pond Construction 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. "S." will be used in the table below to represent the word "stream". 3a. Reason for impact* (') 3b.lmpact 3c. Type of impact* 3d. S. name* 3e. Stream 3f. Type of 3g. S. width* 3h. Impact type* Type* M Jurisdiction* length* S1 CUIVert crossing Culvert 300 Both Average (feet) Qinear feet) fl culvert Impotm!Termanent �] Culvert Both Average (feet) Qinear feet) Add another impact **All Perennial or Intermittent streams must be verified by DWR or delegated local government. 3i. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 266 3i. Total temporary stream impacts: 0 https://edocs.deq.nc.gov/Forms/form/resume/865/295365 7/12 1 /11 /23, 8:47 AM Resume Submission 3i. Total stream and ditch impacts: 266 3j. Comments E. Impact Justification and Mitigation 1. Avoidance and Minimization la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:* Additional impacts are being avoided by site design. Over 94% of streams within the review will not be impacted and no wetland impacts are proposed for this project. While a FEMA floodplain does exist within Phase 2 of the review area, no impacts or development is 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:* The culvert crossing for Impact S1 will include wingwalls at the culvert inlet and outlet to avoid and minimize impacts. Rip -rap will be embedded into the channel bed at the culvert inlet and outlet for long term stability to prevent erosive conditions. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? p Yes p No 2c. If yes, mitigation is required by (check all that apply): 19 DWR Q Corps 2d. If yes, which mitigation option(s) will be used for this project? Q Mitigation bank Payment to in -lieu fee program '—' Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: Wildlands Holdings VI LLC 3b. Credits Purchased/Requested (attach receipt and letter) ........................................... Type: Quantity: Stream 471 Add additional credits 3c. Comments Perennial stream at 2:1 and intermittent stream at 1.5:1 NC Stream Temperature Classification Maps can be found under the Mitigation Concepts tab on the Wilmington District's RIBITS (https://ribits.usace.army.mil/ribits_apex/f? p=107:27:2734709611497::NO:RP:P27_BUTTON_KEY:O) website. 6. Buffer mitigation (State Regulated Riparian Buffer Rules) - required by DWR https://edocs.deq.nc.gov/Forms/form/resume/865/295365 8/12 1 /11 /23, 8:47 AM Resume Submission 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? If yes, you must fill out this entire form - please contact DWR for more information. p Yes pQ No F. Stormwater Management and Diffuse Flow Plan (required by DWR) *** Recent changes to the stormwater rules have required updates to this section .*** 1. Diffuse Flow Plan la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? Yes pQ No For a list of options to meet the diffuse flow requirements, click here (https://files.nc.gov/ncdegMlater%20Quality/Surface%20VVater%20Protection/401 /Buffer%20CIarification%20Memos/Options%20for%20Meeting%20Diffuse%20Flow%20Provisions%20c If no, explain why: The Catawba River Basin within the Lower Catawba HUC 8 Watershed does not have NC Riparian Buffer Protection Rules. 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?* Q Yes ( No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?* Q Yes Q No To look up low density requirement click here 15A NCAC 02H .1003(2) (http://reports.oah.state.nc.us/ncac/title%2015a%20-%20environmental%20quality/chapter%2002%20- %20environmental%20management/subchapter%20h/15a%20ncac%2002 h%20.1003.pdf). Comments: G. Supplementary Information 1. Environmental Documentation 1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?* Yes Q No 2. Violations (DWR Requirement) 2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 2B .0200)?* Q Yes Q No https://edocs.deq.nc.gov/Forms/form/resume/865/295365 9/12 1/11/23, 8:47AM Resume Submission 3. Cumulative Impacts (DWR Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality?* Yes No 3b. If you answered "no," provide a short narrative description. No additional phases are proposed. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* Yes No p N/A 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or habitat?* ) Yes (g No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* ) Yes p No 5c. If yes, indicate the USFWS Field Office you have contacted. Asheville v 5d. Is another Federal agency involved?* Yes) No p Unknown 5e. Is this a DOT project located within Division's 1-8?* Yes _ No 5f. Will you cut any trees in order to conduct the work in waters of the U.S.?* Yes ' No 5g. Does this project involve bridge maintenance or removal?* p Yes Q No Link to the NLEB SLOPES document: http://saw-reg.usace.army.mil/NLEB/1-30-17-signed_NLEB-SLOPES&apps.pdf (http://saw-reg.usace.army.mil/NLEB/1-30-17-signed_NLEB- SLOPES&apps. pdf) 5h. Does this project involve the construction/installation of a wind turbine(s)?** p Yes * No 5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.?* p Yes * No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?* IPAC, NC NHP, field observations 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* Yes QQ No https://edocs.deq.nc.gov/Forms/form/resume/865/295365 10/12 1 /11 /23, 8:47 AM Resume Submission 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* NOAA Essential Fish Habitat Mapper, field observations 7. Historic or Prehistoric Cultural Resources (Corps Requirement) Link to the State Historic Preservation Office Historic Properties Map (does not include archaeological data: http_//gis.ncdcr.gov/hpoweb/ (httpt/gis.ncdcr.gov/h/hpoweb 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)?* p Yes QQ No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* NC HPO Buffer Tool, field observations 8. Flood Zone Designation (Corps Requirement) Link to the FEMA Floodplain Maps: https://msc.fema.gov/portal/search (https://msc.fema.gov/portal/search) 8a. Will this project occur in a FEMA-designated 100-year floodplain?* p Yes QQ No 8c. What source(s) did you use to make the floodplain determination?* NFHL FEMA Google Earth Flood Layer .kml Miscellaneous Comments We are requesting a revision to the previous nationwide permit 29. Due to the limitations of the existing culvert, a new site plan and additional stream impacts for this project are necessary for development to continue. Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one file when possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred. Click the upload button or drag and drop files here to attach document Upload File must be PDF or KMZ Signature * By checking the box and signing below, I certify that: https://edocs.deq.nc.gov/Forms/form/resume/865/295365 11 /12 1 /11 /23, 8:47 AM Resume Submission • The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief'; and • The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. • I have given true, accurate, and complete information on this form; • I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); • I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); • I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND • I intend to electronically sign and submit the PCN form. Full Name:* Signature* Sign Date Date will be captured on form submission Submit Save as Draft https://edocs.deq.nc.gov/Forms/form/resume/865/295365 12/12 DocuSign Envelope ID: 741 B9E63-19FD-4F50-B98F-F76161 B2CA6C 4VITLM RONMENTAL AGENT AUTHORIZATION FORM U.S. Army Corps of Engineers, Wilmington District Attn: Mr. Scott McLendon, Chief, Regulatory Division PO Box 1890 Wilmington, North Carolina 28402-1890 -and- NC Division of Water Resources, Water Quality Program Wetlands, Buffers, Streams — Compliance and Permitting Unit Attn: Mr. Paul Wojoski, Supervisor 1617 Mail Service Center Raleigh, North Carolina 27699-1650 I, the current landowner, lessee, contract holder to purchase, right to purchase holder, or easement holder of the property/properties identified below, hereby authorize Atlas Environmental Inc to act on my behalf as my agent during the processing of permits to impact Wetlands and Waters of the US that are regulated by the Clean Water Act and the Rivers and Harbors Act. Federal and State agents are authorized to be on said property when accompanied by Atlas Environmental Inc staff for the purpose of conducting on -site investigations and issuing a determination associated with Waters of the US subject to Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899 and Waters of the State including 404 Wetlands, Isolated Wetlands, and other non-404 Wetlands subject to a permitting program administered by the State of North Carolina. Atlas Environmental Inc is authorized to provide supplemental information needed for delineation approval and/or permit processing at the request of the Corps or NC DWR Water Quality Program. Project Name: CRAMER ESTATES Property Owner of Record: BBC CRAMER ESTATES Contact Name: ANDREW GREBE Address: 21000 TORRENCE CHAPEL ROAD, STE 100 Address: CORNELIUS, NC 28117 Phone/Fax Number: 540-538-4918 Email Address: ANDREW@PCHLLC.NET Project Address: 529 Stroupe Road Gastonia, NC 28056 Project Address: parcel id: 149235, 225609, 149236 Tax PIN: ocuSigned by. Signature: Date: BF931780FA524DD... 2/15/2022 Ar.- , Environmental Inc. 338 S. Sharon Amity Road, #411 Charlotte, North Carolina 28211 704-512-1206 (o) / 828-712-9205 (m) jrobertson@atlasenvi.com www.atiasenvi.com DA 3-1-l'-IN31140-13A3a 3-111I0,011103 301-IS31:110' 11 11.1, 110-1 ON AINHOO No,S1V VINOISVO 3 3SVHd S31ViS3 N3WVNO m ce) .............. 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We submit the following comments in accordance with the provisions of the Fish and Wildlife Coordination Act, as amended (16 U.S.C. 661-667e); the National Environmental Policy Act (42 U.S.C. §4321 et seq.); and section 7 of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531-1543) (Act). Project Description According to the information provided, the Applicant proposes to construct a residential development and appurtenances on approximately 50 partially forested acres in Gastonia, North Carolina. The information provided suggests that the proposed project will require authorization from the U.S. Army Corps of Engineers to impact Waters of the United States. Preliminary design plans depict the proposed construction of 86 lots in two separate development phases. Federally Listed Endangered and Threatened Species According to Service records, suitable summer roosting habitat may be present in the action area (50CFR 402.02) for the federally threatened northern long-eared bat (Myotis septentrionalis). However, the final 4(d) rule, (effective as of February 16, 2016) exempts incidental take of northern long-eared bat associated with activities that occur greater than 0.25 miles from a known hibernation site, and greater than 150 feet from a known, occupied maternity roost during the pup season (June 1 — July 31). Based on the information provided, the project would occur at a location where any incidental take that may result from associated activities is exempt under the 4(d) rule for this species. The Applicant intends to avoid any associated tree clearing activities during this animal's maternity roosting season from May 15 — August 15. If adhered to, this impact minimization measure would support our concurrence with a "may affect, not likely to adversely affect" determination from the action agency. The information provided also indicates that suitable habitat is present within the action area for the federally endangered Schweinitz's sunflower (Helianthus schweinitzii). However, your correspondence suggests that targeted botanical surveys were conducted within the appropriate timeframe (September 3, 2021) and did not detect evidence for this species at that time. If all potential habitats for this species within the action area were evaluated at that time, we believe that the probability for inadvertent loss of this plant species is insignificant and discountable and we would concur with a "may affect, not likely to adversely affect" determination from the action agency. The information provided also indicates that suitable habitat is present onsite for the federally threatened dwarf -flowered heartleaf (Hexastylis naniflora). Botanical surveys detected evidence for members of the genus Hexastylis within the proposed action area, but the species was not or could not be diagnosed at that time. Provided that targeted botanical surveys are conducted during the appropriate survey window, and do not detect the presence of Hexastylis naniflora, we would concur with a "may affect, not likely to adversely affect'' determination from the action agency. For the purposes of consultation under the Act, botanical survey results are valid for one or two years depending on the species: https://www.fws. gov/asheville/pdfs/Optimal%20Survey%20Windows%20for%201isted%20plant s%202020.pdf Based on the information provided, suitable habitat does not occur onsite for any other federally listed species. In accordance with the Act, it is the responsibility of the appropriate federal action agency or its designated representative to review its activities or programs and to identify any such activities or programs that may affect endangered or threatened species or their habitats. If it is determined that the proposed activity may adversely affect any species federally listed as endangered or threatened, formal consultation with this office must be initiated. Our concurrence with "no effect" determinations from action agencies is not required. We offer the following recommendations in the interest of protecting natural resources: Erosion and Sediment Control Measures to control sediment and erosion should be installed before any ground -disturbing activities occur. Grading and backfilling should be minimized, and existing native vegetation should be retained (if possible) to maintain riparian cover for fish and wildlife. Disturbed areas should be revegetated with native vegetation as soon as the project is completed. Ground disturbance should be limited to what will be stabilized quickly, preferably by the end of the workday. Natural fiber matting (coir) should be used for erosion control as synthetic netting can trap animals and persist in the environment beyond its intended purpose. Impervious Surfaces and Low -Impact Development Increased storm -water runoff also degrades aquatic and riparian habitat, causing stream -bank and stream -channel scouring. Impervious surfaces reduce groundwater recharge, resulting in even lower than expected stream flows during drought periods, which can induce potentially catastrophic effects for fish, mussels, and other aquatic life. Accordingly, we recommend that all new development, regardless of the percentage of impervious surface area they will create, implement storm -water -retention and -treatment measures designed to replicate and maintain the hydrograph at the preconstruction condition to avoid any additional impacts to habitat quality within the watershed. We recommend the use of low -impact -development techniques, such as reduced road widths, grassed swales in place of curb and gutter, rain gardens, and wetland retention areas, for retaining and treating storm -water runoff rather than the more traditional measures, such as large retention ponds, etc. These designs often cost less to install and significantly reduce environmental impacts from residential development. Where detention ponds are used, storm -water outlets should drain through a vegetated area prior to reaching any natural stream or wetland area. Detention structures should be designed to allow for the slow discharge of storm water, attenuating the potential adverse effects of storm -water surges; thermal spikes; and sediment, nutrient, and chemical discharges. Also, because the purpose of storm -water -control measures is to protect streams and wetlands, no storm -water -control measures or best management practices should be installed within any stream (perennial or intermittent) or wetland. The Service appreciates the opportunity to provide these comments. Please contact Mr. Byron Hamstead of our staff at byron_hamstead@fws.gov if you have any questions. In any future correspondence concerning this project, please reference our Log Number 4-2-22-488. Sincerely, - - original signed - - Janet Mizzi Field Supervisor North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona M. Bartos, Administrator Governor Roy Cooper Secretary D. Reid Wilson April 6, 2022 Office of Archives and History Deputy Secretary, Darin J. Waters, Ph.D. Austin Baggarley abaggarleygatlasenvi.com ATLAS Environmental, Inc. 338 South Sharon Amity Road, Suite 9411 Charlotte, NC 28211 Re: Construct Cramer Estates residential subdivision, 529 Stroupe Road, Gastonia, Gaston County, ER 22-0509 Dear Mr. Baggarley, Thank you for your email of February 7, 2022, regarding the above -referenced undertaking. We have reviewed the submittal and offer the following comments. We have conducted a review of the project and are aware of no historic resources which would be affected by the project. Therefore, we have no comment on the project as proposed. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, contact Renee Gledhill -Earley, environmental review coordinator, at 919-814-6579 or environmental.reviewgncdcr.gov. In all future communication concerning this project, please cite the above referenced tracking number. Sincerely, Ramona Bartos, Deputy (� State Historic Preservation Officer Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: (919) 814-6570/814-6898 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2022-00421 County: Gaston U.S.G.S. Quad: NC -Belmont NOTIFICATION OF JURISDICTIONAL DETERMINATION Requestor: Prestige Corporate Development LLC Steve Bailev Address: 21000Torrence ChapelRoad, Suite 100 Cornelius, NC 28031 Telephone Number: 704-607-5059 E-mail: stevckpcdllc.net Size (acres) 48.94 Nearest Waterway Catawba Creek USGS HUC 03050101 Nearest Town Gastonia RiverBasin Santee Coordinates Latitude:35.21828 Longitude:-81.11454 Location description: Projectis located at 529 StroupeRoad, Gastonia, Gaston County,North Carolina. PIN(s): 2564618443, 3564812402,3564813081 Indicate Which of the Following Apply: A. Preliminary Determination ® There appearto be waters onthe above described project area/property, thatmay be subjectto Section 404 ofthe Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 ofthe Rivers and Harbors Act (RHA) (33 USC § 403). The waters have been delineated, and the delineation has beenverifiedby the Corps to be sufficiently accurate and reliable. The approximate boundaries of these waters are shown on the enclosed delineation mapdated 3/16/2022. Therefore this preliminary jurisdiction determination maybe used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigationrequirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat allwaters and wetlands thatwould be affected in anyway by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contactingthe Corps district for further instruction. ❑ There appear to be waters on the above described project area/property, thatmay be subjectto Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 ofthe Rivers and Harbors Act (RHA) (33 USC § 403). However, since the waters have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective presumption of C WA/RHA jurisdiction over allof the waters at the project area, which is not sufficiently accurate andreliable to support anenforceable permit decision. We recommend that you have the waters on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultantto conduct a delineation that can be verified by the Corps. B. Approved Determination ❑ There are Navigable Waters of the United States within the above describedproject area/property subjectto the permit requirements of Section 10 of the Rivers andHarbors Act (RHA) (33 USC § 403) and Section 404 ofthe Clean WaterAct (CWA)(33USC§ 1344). Unless there is a change in law or our published regulations, this determination maybe relied upon for a period not to exceed five years from the date of this notification. ❑ There are waterson the above described project area/property subjectto the permit requirements of Section 404 ofthe Clean WaterAct(CWA)(33USC§ 1344). Unless there is a change in the law or our published regulations, this determination maybe relied upon fora period notto exceed five years from the date ofthis notification. ❑ We recommend you have the waters on your project area/property delineated. As the Corps may notbe able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation thatcan be verified by the Corps. ❑ The waters on yourproject area/property have been delineated and the delineation has beenverifiedby the Corps. The approximate boundaries of these waters are shown onthe enclosed delineationmapdatedDATE. We strongly suggest youhave this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey SAW-2022-00421 will provide an accurate depiction of all areas subject to CWAjurisdiction on your property which, provided there is no change in the law or our published regulations, maybe relied upon for a periodnotto exceed five years. ❑ The waters have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below onDATE. Unless there is a change in the law or our published regulations, this determinationmay be relied upon for a period not to exceed five years from the date of this notification. ❑ There are no waters of the U.S., to include wetlands, pre sent on the above described project area/property which are subj ectto the permit requirements of Section404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination maybe relied upon for a period notto exceed five years from the date of this notification. ❑ The property is located in one ofthe 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of CoastalMa nagement in Morehead City, NC, at (252) 808-2808 to determine their requirements. Placement of dredged or fill materialwithin waters of the US, in cludin g wetlands, without a Department ofthe Army permit may constitute a violation of Section301 of the Clean WaterAct (33 USC § 1311). Placement of dredged or fill material, construction or placement of structures, or work within navigable waters ofthe United States without a Department of the Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions rega rdin g this determination and/or the Corps regulatory program, please contact Krystynka B Stygar at 252-545-0507 or krystynka.b.stygar&msace.army.mil. C. Basis For Determination: Based on information submitted by the applicant and available to the U.S. Army Corps of Engineers, the proiect area exhibits criteria for waters of the U.S. as defined in 33 CFR 328, Regulatory Guidance Letter 05-05, the 1987 Wetland Delineation Manual, and/or the Regional Supplement to the 1987 Manual: Eastern Piedmont and Mountains v2.0.: See the preliminary jurisdictional determination form dated 03/17/2022. D. Remarks: See approximate jurisdictional boundaries on map, "Cramer Estates 0311612022 " E. Attention USDA Program Participants This delineation/determinationhas been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may notbe valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information ('Phis information applies only to approved jurisdictional determinations as indicated in B. above) If you object to this determination, you may request an administrativeappeal under Corps regulations at33CFRPart 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form. Ifyourequest to appealthis determ ination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Mr. Philip A. Shannin Administrative Appeal Review Officer 60 Forsyth StreetSW,FloorM9 Atlanta, Georgia 3 0303-8803 AND PHILIP.A.SHANNIN&USACE.ARMY.MIL, In order for an RFAto be accepted by the Corps, the Corps must determine that it is complete, thatit meets the criteria for appeal under 33 CFR part 331.5, andthat it has been received by the Division Office within 60 days ofthe date ofthe NAP. Should you decide to submit an RFA form, it must be received at the above address by Not applicable. **It is not necessary to submit anRFAform to th Division Office if you do not object to the determination in this correspondence.** Corps Regulatory Official: Date of JD: 03/17/2022 Expiration Date of JD: Not applicable SAW-2022-00421 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0 Copy furnished: Agent: Atlas Environmental Jennifer Robertson Address: 338 S. Sharon Amity Road Charlotte, NC 28211 Telephone Number: 704-512-1206 E-mail: jrobertson(a atlasenvi.com Property Owner: Red Maple Resources. LLC Robert Davis Address: PO Box 369 Terrell, NC 28682 NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: Prestige Co rW rate Development LLC, Steve File Number: SAW-2022-00421 Date: 03/17/2022 Bailev Attached is: See Section below INITIAL PROFFERED PERMIT (Standard Penn it or Letter of permission) A PROFFERED PERMIT (Standard Penn it or Letter of permission) B PERMITDENIAL C APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E TION I - The following identifies yourrights and options regarding an administrative appealof the above decision. r itionalinformation may be found at orhttp://www.usace.army.miUMissions/CivilWorks/ReginatoryProgramandPennits.aspx e 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 yourwork 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 appealthe permit, including its terns and conditions, and approved jurisdictionaldetenninations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terns and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit yourright to appealthe permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a)modify the permit to address allof 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 appealthe 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 yourwork 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 appealthe permit, including its terns and conditions, and approved jurisdictionaldetenninations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terns and conditions therein, you may appealthe declined permit underthe Corps of Engineers Administrative AppealProcess by completing Section II of this form and sendingthe 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 appealthe denial of a pernitunderthe Corps of Engineers Administrative AppealProcess 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 acceptor 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 appealthe approved JD. • APPEAL: If you disagree with the approved JD, you may appealthe approved JD under the Corps of Engineers Administrative AppealProcess by completing Section II of this form and sending the form to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which maybe appealed), by contactingthe Corps district for further instruction. Also you may provide newinformation for further consideration by the Corps to reevaluate the JD. SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FORAPPEAL OROBJECTIONS: (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 appealis limited to a review of the administrative record, the Corps memorandum forthe record of the appealconference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant northe Corps may add new information or analyses to the record. However, you may provide additionalinformation 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/orthe If you only have questions regarding the appealprocess you may appealprocess you may contact: also contact: District Engineer, Wilmington Regulatory Division MR. PHILIP A. SHANNIN Attn: Krystynka B Stygar ADMINISTRATIVE APPEAL REVIEW OFFICER Charlotte Regulatory Office CESAD-PDS-O U.S Army Corps of Engineers 60 FORSYTH STREET SOUTHWEST, FLOOR M9 8430 University Executive Park Drive, Suite 615 ATLANTA, GEORGIA 30303-8803 Cha rlottc, No rth Carolina 28262 PHONE: (404) 562-5136; FAX(404) 562-5138 EMAIL: PHILIP.A.SHANNINna,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 appealprocess. You will be provided a 15-day notice of any site investigation, and will have the opportunity to participate m 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: Krystynka B Stygar, 8430University Executive Park Drive, Suite 615, Charlotte, North Carolina 28262 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. Philip Shannin, Administrative Appeal Officer, CE SAD-PDO, 60 Forsyth Street, Room 10M15, Atla nta, Georgia 30303-8801 Phone: (404) 562-5137 PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: 03/17/2022 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Prestige Corporate Development LLC, Steve Bailey, 21000 Torrence Chapel Road, Suite 100, Cornelius, NC 28031 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Cramer Estates, SAW-2022- 00421 D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: Project is located at 529 Stroupe Road, Gastonia, Gaston County, North Carolina. PIN(s): 2564618443, 3564812402, 3564813081 (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: NC County: Gaston City: Gastonia Center coordinates of site (lat/long in degree decimalformat): Latitude:35.21828 Longitude:-81.11454 Universal Transverse Mercator: Name of nearestwaterbody: Catawba Creek E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑ Office (Desk) Determination. Date: ® Field Determination. Date(s): 03/15/2022 TABLE OFAQUATIC RESOURCES INREVIEWAREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION Site Number Latitude Longitude Estimated Type of aquatic Geographic (decimal (decimal amountof resources(i.e.,wetland authority to degrees) degrees) aquatic vs. non -wetland which the aquatic resources in waters) resource"may reviewarea be" subject (i.e., (acreage and Section 404or linear feet, if Section 10/404) applicable Catawba Creek 35.218230 -81.121840 1606 LF Non -wetland waters Section 404 CH 100 35.218760 -81.12097 1338 LF Non -wetland waters Section 404 CH 200 35.219870 -81.12000 463 LF Non -wetland waters Section 404 CH 300 35.218280 -81.11454 1137 LF Non -wetland waters Section 404 EPH 200 35.2200 -81.11922 53 LF Non -wetland waters Section 404 WL 1000 35.219820 -81.120490 0.005 acres Wetland Section 404 W L 2000 35.219670 -81.117660 0.042 acres Wetland Section 404 W L 2100 35.219680 -81.11729 0.005 acres Wetland Section 404 W L 3000 35.21771 -81.11434 0.005 acres Wetland Section 404 1. The Corps of Engineers believes that there may bejurisdictional aquatic resources in the review area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an approved JD (AJD) for that review area based on an informed decision after having discussed the various types of JDs and their characteristics and circumstances when they may be appropriate. 2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or othergeneral permitverification requiring "pre- construction notification" (PCN), or requests verification for a non -reporting NWP or other general permit, and the permit applicant has not requested an AJD for the activity, the permit applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AJD could possibly result in less compensatory mitigation being required or different special conditions; (3) the applicant has the rightto request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subjectpermit authorization without requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative orjudicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD or a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that there "may be"waters of the U.S. and/or that there "maybe" navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the review area that could be affectedby the proposed activity, based on the following information: SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items are included in the administrative record and are appropriately cited: ® Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Map: Atlas Environmental for Prestige Developments ® Data sheets prepared/submitted by or on behalf of the PJD requestor. Datasheets: ❑ Office concurs with data sheets/delineation report. ❑ Office does not concurwith data sheets/delineation report. Rationale: ❑ Data sheets prepared by the Corps: ❑ Corps navigable waters' study: ® U.S. Geological Survey Hydrologic Atlas: ® USGS NHD data: June 15, 2021, (figure 6) ® USGS 8 and 12 digit HUC maps: Figure 13, 06/15/2021 ®U.S. Geological Survey map(s). Cite scale & quad name: USGS Topo Figure 4, 02/01/2022 ® Natural Resources Conservation Service Soil Survey. Citation: Figure 14 A & B, 02/01/2022 ®Nationalwetlands inventory map(s). Cite name: Figure 11, 06/15/2021 ❑ State/local wetland inventory map(s): ® FEMA/FIRM maps: Figure 8, FEMA/NFHL Map, 06/15/2021 ❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929) ® Photographs: ® Aerial (Name & Date): Figure 7a, 06/15/2021 or ® Other (Name & Date): Figure 7b, 06/15/2021 , Site Photographs, 02/03/2022 ❑ Previous determination(s). File no. and date of response letter: ® Other information (please specify): GIS Parcel Information, Lidar : Figure 9, 06/15/2021 IMPORTANT NOTE: The information recorded on this form has not necessarily beenverified by the Corns and should not be relied upon for later jurisdictional determinations. 44JA 4�� Signature and date of egulatory staff member completing PJD 03 / 17/2022 Signature and date of person requesting PJD (REQUIRED, unless obtainingthe signature is impracticable)' ' Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respond within the established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action. U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2022-00421 County: Gaston U.S.G.S. Quad: NC -Belmont GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: BBC Cramer Estates, LLC Steve Bailev Address: 21000Torrence ChapelRoad, Suite 100 Cornelius, NC 28031 Telephone Number: 704-607-5059 E-mail: stevena,ndcllc.net Size (acres) 48.94 Nearest Town Gastonia Nearest Waterway Catawba Creek River Basin Santee USGS HUC 03050101 Coordinates Latitude:35.218737 Longitude:-81.116231 Location description: Project is located at 529 StroupeRoad, Gastonia, Gaston County, North Carolina. PIN(s): 2564618443, 3564812402,3564813081 Description of projects area and activity: This verification authorizes: 1) Permanent impact of 0.042 acres to Wetland/Seep (WL 2100) for fill. 2) Permanent impact of 0.005 acres to Wetland/Seep (WL 2000) for fill. Permanent impact of102(0.004acres) Linear Feet toCH2O0for Culvert. Permanent impact of31(0.001acres) Linear Feet toCH2O0for Fill. Applicable Law(s): N Section 404 (Clean WaterAct, 33 USC 1344) ❑ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: NWP 29: Residential Developments SEE ATTACHED NWP GENERAL, REGIONAL, AND/OR SPECIAL CONDITIONS Your workis authorized by the above referenced permit provided it is accomplished in strict accordancewith the attached Conditions, your application signed and dated 4/8/2022, and the enclosed plans CramerEstates . Any violation of the attached conditions or deviation f romyour submitted plans may subject the permittee to a stop work order, a restoration order, a Class I administrative penalty, and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide and/or regional general permit authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide and/or regional general permit authorization is reissued and/or modified, this verification will rem a in valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide and/or regional general permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide and/or regional general permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide and/or regional general permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case -by -case basisto modify, suspendorrevoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Resources (telephone 919-807-6300) to determine Section401 requirements. For activities occurringwithin the twenty coastalcounties subjectto regulation under the Coastal Area Management Act (CAMA), prior to beginningwork you must contactthe N.C. Division of Coastal Management Morehead City, NC, at (252) 808-2808. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Krystynha B Stygar at 252-545-0507or krystynka.b.stygarkUsace.army.mil. Corps Regulatory Official: Date: 6/8/2022 ExpirationDate of Verification: 3/14/20261 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0 Copy furnished: Agent: Atlas Environmental, Inc Jennifer Robertson Address: 338 S. Sharon Amity Road, # 411 Charlotte, NC 28211 Telephone Number: 704-512-1206 E-mail: irobertsonLa atlasenvi.com Property Owner: BBC Cramer Estates Andrew Grebe Address: 21000 Torrance Chapel Road. STE 100 Cornelius, NC 28117 Telephone Number: 540-538-4918 E-mail: andrewkVchllc.net Action ID Number: SAW-2022-00421 County: Gaston Permittee: BBC Cramer Estates, LLC, Steve Bailey Project Name: Cramer Estates Date Verification Issued: 6/8/2022 Project Manager: Krystynka B Stygar Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Attn: Krystynka B Stygar Charlotte Regulatory Office U.S Army Corps of Engineers 8430 University Executive Park Drive, Suite 615 Charlotte, North Carolina 28262 or krystynka.b.stygar@usace.army.mil Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. Failure to comply with any terms or conditions of this authorization may result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I administrative penalty, or initiating other appropriate legal action. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and condition of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2022-00421 County: Gaston U.S.G.S. Quad: NC -Belmont GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: BBC Cramer Estates, LLC Steve Bailev Address: 21000Torrence ChapelRoad, Suite 100 Cornelius, NC 28031 Telephone Number: 704-607-5059 E-mail: stevena,Dcdllc.net Size (acres) 48.94 Nearest Town Gastonia Nearest Waterway Catawba Creek River Basin Santee USGS HUC 03050101 Coordinates Latitude:35.218737 Longitude:-81.116231 Location description: Project is located at 529 Stroupe Ro ad, Gastonia, Gaston County, North Carolina. PIN(s): 2564618443, 3564812402,3564813081 Description of projects area and activity: This verification authorizes: (Phase IIof Cramer Estates) 1) Permanent impact of 115 LinearFeet (0.016 acres) to CH 3 00for Culvert. Applicable Law(s): N Section 404 (Clean WaterAct, 33 USC 1344) ❑ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: NWP 29: Residential Developments SEE ATTACHED NWP GENERAL, REGIONAL, AND/OR SPECIAL CONDITIONS Your wo rk is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached Conditions, your application signed and dated 8/22/2022, and the enclosed plans Drainage Area Plan dated 6/27/2022. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop workorder, a restoration order, a Class I administrative penalty, and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide and/or regional general permit authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide and/or regional general permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide and/or regional general permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide and/or regional general permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide and/or regional general permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case -by -case basisto modify, suspendorrevoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Resources (telephone 919-807-6300) to determine Section401 requirements. For activities occurringwithin the twenty coastalcounties subjectto regulation under the Coastal Area Management Act (CAMA), prior to beginningwork you must contactthe N.C. Division of Coastal Management Morehead City, NC, at (252) 808-2808. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Krystynka B Stygar at 252-545-0507or krystynka.b.stygarkmsace.army.mil. Corps Regulatory Official: Date: 10/06/2022 ExpirationDate of Verification: 3/14/2026 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0 Copy furnished: Agent: Atlas Environmental, Inc Jennifer Robertson Address: 338 S. Sharon Amity Road, # 411 Charlotte, NC 28211 Telephone Number: 704-512-1206 E-mail: irobertsonLa atlasenvi.com Action ID Number: SAW-2022-00421 County: Gaston Permittee: BBC Cramer Estates, LLC, Steve Bailey Project Name: Cramer Estates Phase II Date Verification Issued: 10/06/2022 Project Manager: Krystynka B Stygar Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Attn: Krystynka B Stygar Charlotte Regulatory Office U.S Army Corps of Engineers 8430 University Executive Park Drive, Suite 615 Charlotte, North Carolina 28262 or krystynka.b.stygar@usace.army.mil Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. Failure to comply with any terms or conditions of this authorization may result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I administrative penalty, or initiating other appropriate legal action. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and condition of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date ROY COOPER Governor ELIZABETH S. BISER Secretary R,ICHARD E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality June 20, 2022 DWR # 22-0652 Gaston County Prestige Corporate Development, LLC Attn: Steve Bailey 21000 Torrence Chapel Rd. Suite 100 Cornelius, NC 28031 sent via email to: steve@pcdllc.com Subject: Approval of Individual 401 Water Quality Certification Cramer Estates Project Dear Mr. Bailey: Attached hereto is a copy of Certification No. WQC004952 issued to Steve Bailey and Prestige Corporate Development, LLC, dated June 20, 2022. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of this Water Quality Certification. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this Certification and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)]. This Water Quality Certification does not relieve the permittee of the responsibility to obtain all other required Federal, State, or Local approvals before proceeding with the project, including those required by, but not limited to, Sediment and Erosion Control, Non -Discharge, Water Supply Watershed, and Trout Buffer regulations. This Water Quality Certification neither grants nor affirms any property right, license, or privilege in any lands or waters, or any right of use in any waters. This Water Quality Certification does not authorize any person to interfere with the riparian rights, littoral rights, or water use rights of any other person and does not create any prescriptive right or any right of priority regarding any usage of water. This Water Quality Certification shall not be interposed as a defense in any action respecting the determination of riparian or littoral rights or other rights to water use. No consumptive user is deemed by virtue of this Water Quality Certification to possess any prescriptive or other right of priority with respect to any other consumptive user 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 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 NoarH cnaouw, 919.707.9000 Prestige Corporate Development, LLC DWR# 20220652 Individual Certification #WQC004952 Page 2 of 12 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 Mooresville 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 Mooresville 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]. Please be aware that impacting waters without first applying for and securing the issuance of a 401 Water Quality Certification violates Title 15A of the North Carolina Administrative Code (NCAC) 2H .0500. Title 15A NCAC 2H .0500 requires certifications pursuant to Section 401 of the Clean Water Act whenever construction or operation of facilities will result in a discharge into navigable waters, including wetlands, as described in 33 Code of Federal Regulations (CFR) Part 323. It also states any person desiring issuance of the State certification or coverage under a general certification required by Section 401 of the Federal Water Pollution Control Act shall file with the Director of the North Carolina Division of Water Quality. Pursuant to G.S. 143-215.6A, these violations and any future violations are subject to a civil penalty assessment of up to a maximum of $25,000.00 per day for each violation. This Certification can be contested as provided in Chapter 150B of the North Carolina General Statutes by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter 150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code. Additional information regarding requirements for filing a Petition and Petition forms may be accessed at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000. 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). 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 D_E oarH caaounw 919.707.9000 oePru�ram rrt �nnmuroemsi Ouaifty Prestige Corporate Development, LLC DWR# 20220652 Individual Certification #WQC004952 Page 3 of 12 This letter completes the Division's review under section 401 of the Clean Water Act and 15A NCAC 02H .0500. Please contact Doug Perez at 704-743-6872 or doug.perez@ncdenr.gov if you have any questions or concerns. Sincerely, for W. Corey Basinger, Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office, DEQ Electronic cc: Jennifer Robertson, Atlas Environmental, irobertston@atlasenvi.com Krysta Stygar, USACE Regulatory Field Office, krystynka.b.stygar@usace.army.mil Todd Bowers, EPA, Bowers.todd@Epa.gov DWR 401 & Buffer Permitting Branch Electronic file North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1617 Mad Service Center I Raleigh, North Carolina 27699-1617 NORTH CARCLINA o�.u-�mofnronmsl0ual\ /� 919.707.9000 Prestige Corporate Development, LLC DWR# 20220652 Individual Certification #WQC004952 Page 4 of 12 NORTH CAROLINA 401 WATER QUALITY CERTIFICATION CERTIFICATION #WQC004952 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 0213.0200, to Steve Bailey and Prestige Corporate Development, LLC, who have authorization for the impacts listed below, as described within your application received by the N.C. Division of Water Resources (Division) on May 11, 2022, and subsequent information on June 8, 2022, and by Public Notice issued by the U. S. Army Corps of Engineers on May 12, 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 Stream - Intermittent Culvet/Fill 133 (linear feet) 0 (linear feet) 404/401 Wetlands - Seep Fill 0.047 (acres) 0 (acres) This approval requires you to follow the conditions listed in the certification below. CONDITIONS OF CERTIFICATION [15A NCAC 02H .0507(c)]: 1. Stormwater Management: The applicant may provide documentation that the project will not impair water quality to the receiving stream(s) from stormwater runoff or provide an approved stormwater management plan. Any high density project and/or project that exceeds density thresholds must provide a stormwater management plan for the entire project, for review and approval including all forms and pertinent items that complies with the high density development requirements. Low density development shall meet all condition for stormwater management required by the state and be reviewed if required. The plan may be approved by the Division, State Stormwater Program or a local delegated authority. The plan shall consider the impact of the volume and velocity of discharge and runoff to the receiving stream and adjacent riparian areas to prevent scouring and erosions of the features. Citation: 15A NCAC 02U .1017, 15A NAC 02H .1003 (2)(a), 15 NCAC 028 .0614 (8), 15A NCAC 028 . 0607(h) Justification: In order to protect against impairment of water quality standards and best usage of receiving and downstream waters, water quality based management practices must be employed to protect against direct or indirect discharge of waste or other sources of water 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 CARCLINq ' � o�.u�rem�fnm�msio�a\ /� 919.707.9000 Prestige Corporate Development, LLC DWR# 20220652 Individual Certification #WQC004952 Page 5 of 12 pollution. 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. 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 Diversion Ditches and other storm water conveyances as related to the sediment and erosion control measures shall be matted and/or stabilized to reduce sediment loss and turbidity. This includes interior/exterior slopes of sediment basins. Citation: 15A NCAC 02H .0506 (b)(3) and (c)(3) Justification: Failure to reduce erosion of runoff conveyances and to provide for maximum reduction of erosion on areas not related to ongoing construction, shortens basin holding times, increases turbidity of discharge and creates a greater potential of bypass discharge. Bare/fill slopes in excess of 10 feet in height and within 30 feet of surface waters shall be matted. Citation: 15A NCAC 02H .0506 (b)(1) and 15A NCAC 02H .502 (c) Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. In determining that the proposed activity will comply with state water quality standards (including designated uses, numeric criteria, narrative criteria and the state's antidegradation policy), the Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards or would result in secondary or cumulative impacts 4. The construction of the new sewer line in/through undeveloped area may result/encourage development along the construction corridor. Development of these parcels may impact additional waters and cause violations of downstream water quality standards. The secondary/cumulative impacts associated with this project must be adequately addressed by the applicant for any development/project defined in 15A NCAC 02H.1003) associated with this sewer system. Any storm water facilities, at minimum, must be designed to meet state guidelines or document that the project will not impact water quality. Citation: 15A NCAC 02H .0506(b)(1) Justification: In order to protect against impairment of water quality standards and best usage of receiving and downstream waters, water quality based management practices must be employed to protect against direct or indirect discharge of waste or other sources of water pollution. In determining that the proposed activity will comply with state water quality North Carolina Department of Environmental Quality I Division of Water Resources D_E 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 oarH caaounw oePru�ram rrt �nnmuroemsi Ouaifty 919.707.9000 Prestige Corporate Development, LLC DWR# 20220652 Individual Certification #WQC004952 Page 6 of 12 standards (including designated uses, numeric criteria, narrative criteria and the state's antidegradation policy), the Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards or would result in secondary or cumulative impacts. 5. The permittee shall report to the DWR Mooresville 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. 6. 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. 7. 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. When applicable, all construction activities shall be performed and maintained in full compliance with G.S. Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973). Regardless of applicability of the Sediment and Pollution Control Act, all projects shall incorporate appropriate Best Management Practices for the control of sediment and erosion so that no violations of state water quality standards, statutes, or rules occur. Design, installation, operation, and maintenance of all sediment and erosion control measures shall be equal to or exceed the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual, or for linear transportation projects, the North Caroline Department of Transportation Sediment and Erosion Control Manual. All devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) sites, including contractor -owned or leased borrow pits associated with the project. Sufficient North Carolina Department of Environmental Quality I Division of Water Resources D_E 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 oarH caaounw oePru�ram rrt �nnmuroemsi Ouaifty 919.707.9000 Prestige Corporate Development, LLC DWR# 20220652 Individual Certification #WQC004952 Page 7 of 12 materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. For borrow pit sites, the erosion and sediment control measures shall be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. Reclamation measures and implementation shall comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act and the Mining Act of 1971. If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs), SA, WS- I, WS-II, High Quality Waters (HQW), or Outstanding Resource Waters (ORW), then the sedimentation and erosion control designs shall comply with the requirements set forth in 15A NCAC 0413.0124, Design Standards in Sensitive Watersheds. 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. 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 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 CARCLINq ' o�.u�rem�fnm�msio�a\ /� 919.707.9000 Prestige Corporate Development, LLC DWR# 20220652 Individual Certification #WQC004952 Page 8 of 12 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. 10. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used along streambanks or within wetlands. Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c) Justification: A project that affects waters shall not be permitted unless the existing uses (including aquatic life propagation and biological integrity), and the water quality to protect such uses, are protected. Protections are necessary to ensure any remaining surface waters or wetlands, and any surface waters or wetlands downstream, continue to support existing uses during and after project completion. The Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards, or would result in secondary or cumulative impacts. 11. If the project is covered by NPDES Construction Stormwater Permit Number NCGO10000 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 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, 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. 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 CARCLINq ' � o�.u�rem�fnm�msio�a\ /� 919.707.9000 Prestige Corporate Development, LLC DWR# 20220652 Individual Certification #WQC004952 Page 9 of 12 12. 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. 13. 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. 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 D_E oarH caaounw 919.707.9000 oePru�ram rrt �nnmuroemsi Ouaifty Prestige Corporate Development, LLC DWR# 20220652 Individual Certification #WQC004952 Page 10 of 12 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. 14. If concrete is used during construction, then all necessary measures shall be taken to prevent direct contact between uncured or curing concrete and waters of the state. Water that inadvertently contacts uncured concrete shall not be discharged to waters of the state. Citation: 15A 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 odorshall not be present in amounts that may cause adverse impacts on existing wetland uses. 15. 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 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 D_E oarH caaounw 919.707.9000 oePru�ram rrt �nnmuroemsi Ouaifty Prestige Corporate Development, LLC DWR# 20220652 Individual Certification #WQC004952 Page 11 of 12 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. 16. All mechanized equipment operated near surface waters shall be inspected and maintained regularly to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids, or other toxic materials. Construction shall be staged in order to minimize the exposure of equipment to surface waters to the maximum extent practicable. Fueling, lubrication, and general equipment maintenance shall be performed in a manner to prevent, to the maximum extent practicable, contamination of surface waters by fuels and oils. Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c), 15A NCAC 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. 17. 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. 18. 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) 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 D_E oarH caaounw 919.707.9000 oePru�ram rrt �nnmuroemsi Ouaifty Prestige Corporate Development, LLC DWR# 20220652 Individual Certification #WQC004952 Page 12 of 12 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. 19. The permittee and their authorized agents shall conduct all activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal Law. Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. The Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards, or would result in secondary or cumulative impacts. 20. 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 20th day of June 2022 for W. Corey Basinger, Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office, DEQ 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 CARCLINq ' o�.u�rem�fnm�msio�a\ /� 919.707.9000 ROY COOPER Governor ELIZABETH S. BISER Secretary R,ICHARD E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality October 18, 2022 DWR # 22-0652 V2 Gaston County Prestige Corporate Development, LLC Attn: Steve Bailey 7224 Jameson Way Stanley, NC 28164 sent via email to: steve@pcdllc.net Subject: Approval of Individual 401 Water Quality Certification Cramer Estates Project Dear Mr. Bailey: Attached hereto is a copy of Certification No. WQC005261 issued to Steve Bailey and Prestige Corporate Development, LLC, dated October 18, 2022. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of this Water Quality Certification. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this Certification and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)]. This Water Quality Certification does not relieve the permittee of the responsibility to obtain all other required Federal, State, or Local approvals before proceeding with the project, including those required by, but not limited to, Sediment and Erosion Control, Non -Discharge, Water Supply Watershed, and Trout Buffer regulations. This Water Quality Certification neither grants nor affirms any property right, license, or privilege in any lands or waters, or any right of use in any waters. This Water Quality Certification does not authorize any person to interfere with the riparian rights, littoral rights, or water use rights of any other person and does not create any prescriptive right or any right of priority regarding any usage of water. This Water Quality Certification shall not be interposed as a defense in any action respecting the determination of riparian or littoral rights or other rights to water use. No consumptive user is deemed by virtue of this Water Quality Certification to possess any prescriptive or other right of priority with respect to any other consumptive user 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. 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. 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 NoarH cnaouw, 919.707.9000 Prestige Corporate Development, LLC DWR# 20220652 V2 Individual Certification #WQC005261 Page 2 of 12 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 Mooresville 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 Mooresville 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]. Please be aware that impacting waters without first applying for and securing the issuance of a 401 Water Quality Certification violates Title 15A of the North Carolina Administrative Code (NCAC) 2H .0500. Title 15A NCAC 2H .0500 requires certifications pursuant to Section 401 of the Clean Water Act whenever construction or operation of facilities will result in a discharge into navigable waters, including wetlands, as described in 33 Code of Federal Regulations (CFR) Part 323. It also states any person desiring issuance of the State certification or coverage under a general certification required by Section 401 of the Federal Water Pollution Control Act shall file with the Director of the North Carolina Division of Water Quality. Pursuant to G.S. 143-215.6A, these violations and any future violations are subject to a civil penalty assessment of up to a maximum of $25,000.00 per day for each violation. This Certification can be contested as provided in Chapter 150B of the North Carolina General Statutes by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter 150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code. Additional information regarding requirements for filing a Petition and Petition forms may be accessed at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000. 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 Doug Perez at 704-743-6872 or doug.perez@ncdenr.gov if you have any questions or concerns. 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 D_E oarH caaounw 919.707.9000 oePru�ram rrt �nnmuroemsi Ouaifty Prestige Corporate Development, LLC DWR# 20220652 V2 Individual Certification #WQC005261 Page 3 of 12 Sincerely, Andrew H. Pitner, P.G. Assistant Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office, DEQ Electronic cc: Jennifer Robertson, Atlas Environmental, iobertson@atlasenvi.com Krysta Stygar, USACE Regulatory Field Office, krystynka.b.stygar@usace.army.mil Todd Bowers, EPA, Bowers.todd@Epa.gov DWR 401 & Buffer Permitting Branch Electronic file North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1617 Mad Service Center I Raleigh, North Carolina 27699-1617 NORTH CARCLINA o�.u-�mofnronmsl0ual\ /� 919.707.9000 Prestige Corporate Development, LLC DWR# 20220652 V2 Individual Certification #WQC005261 Page 4 of 12 NORTH CAROLINA 401 WATER QUALITY CERTIFICATION CERTIFICATION #WQC005261 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 0213.0200, to Steve Bailey and Prestige Corporate Development, 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 August 25, 2022, with subsequent information received on October 17, 2022, and by Public Notice issued by the U. S. 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 Stream - Perennial Culvert 115 (linear feet) 0 (linear feet) This approval requires you to follow the conditions listed in the certification below. CONDITIONS OF CERTIFICATION [15A NCAC 02H .0507(c)]: Stormwater Management: The applicant may provide documentation that the project will not impair water quality to the receiving stream(s) from stormwater runoff or provide an approved stormwater management plan. Any high -density project and/or project that exceeds density thresholds must provide a stormwater management plan for the entire project, for review and approval including all forms and pertinent items that complies with the high -density development requirements. Low density development shall meet all condition for stormwater management required by the state and be reviewed if required. The plan may be approved by the Division, State Stormwater Program, or a local delegated authority. The plan shall consider the impact of the volume and velocity of discharge and runoff to the receiving stream and adjacent riparian areas to prevent scouring and erosions of the features. Citation: 15A NCAC 02U .1017, 15A NAC 02H .1003 (2)(a), 15 NCAC 028 .0614 (8), 15A NCAC 028 . 0607(h) Justification: In order to protect against impairment of water quality standards and best usage of receiving and downstream waters, water quality -based management practices must be employed to protect against direct or indirect discharge of waste or other sources of water pollution. Surface water quality standards require that conditions of waters be suitable for all 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 D_E oarH caaounw 919.707.9000 oePru�ram rrt �nnmuroemsi Ouaifty Prestige Corporate Development, LLC DWR# 20220652 V2 Individual Certification #WQC005261 Page 5 of 12 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. 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 Diversion Ditches and other storm water conveyances as related to the sediment and erosion control measures shall be matted and/or stabilized to reduce sediment loss and turbidity. This includes interior/exterior slopes of sediment basins. Citation: 15A NCAC 02H .0506 (b)(3) and (c)(3) Justification: Failure to reduce erosion of runoff conveyances and to provide for maximum reduction of erosion on areas not related to ongoing construction, shortens basin holding times, increases turbidity of discharge and creates a greater potential of bypass discharge. Bare/fill slopes in excess of 10 feet in height and within 30 feet of surface waters shall be matted. Citation: 15A NCAC 02H .0506 (b)(1) and 15A NCAC 02H .502 (c) Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. In determining that the proposed activity will comply with state water quality standards (including designated uses, numeric criteria, narrative criteria and the state's antidegradation policy), the Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards or would result in secondary or cumulative impacts 4. The permittee shall report to the DWR Mooresville 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. 5. 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) 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 CARCLINq ' � o�.u�rem�fnm�msio�a\ /� 919.707.9000 Prestige Corporate Development, LLC DWR# 20220652 V2 Individual Certification #WQC005261 Page 6 of 12 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. 6. 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. When applicable, all construction activities shall be performed and maintained in full compliance with G.S. Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973). Regardless of applicability of the Sediment and Pollution Control Act, all projects shall incorporate appropriate Best Management Practices for the control of sediment and erosion so that no violations of state water quality standards, statutes, or rules occur. Design, installation, operation, and maintenance of all sediment and erosion control measures shall be equal to or exceed the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual, or for linear transportation projects, the North Caroline Department of Transportation Sediment and Erosion Control Manual. All devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) sites, including contractor -owned or leased borrow pits associated with the project. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. For borrow pit sites, the erosion and sediment control measures shall be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. Reclamation measures and implementation shall comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act and the Mining Act of 1971. If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs), SA, WS- I, WS-II, High Quality Waters (HQW), or Outstanding Resource Waters (ORW), then the sedimentation and erosion control designs shall comply with the requirements set forth in 15A NCAC 0413.0124, Design Standards in Sensitive Watersheds. Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c), 15A NCACO2B .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 North Carolina Department of Environmental Quality I Division of Water Resources D_E 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 oarH caaounw oePru�ram rrt �nnmuroemsi Ouaifty 919.707.9000 Prestige Corporate Development, LLC DWR# 20220652 V2 Individual Certification #WQC005261 Page 7 of 12 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. 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. 9. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used along streambanks or within wetlands. Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c) Justification: A project that affects waters shall not be permitted unless the existing uses (including aquatic life propagation and biological integrity), and the water quality to protect such uses, are protected. Protections are necessary to ensure any remaining surface waters or wetlands, and any surface waters or wetlands downstream, continue to support existing uses during and after project completion. The Division must evaluate if the activity has avoided and North Carolina Department of Environmental Quality I Division of Water Resources D_E 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 oarH caaounw oePru�ram rrt �nnmuroemsi Ouaifty 919.707.9000 Prestige Corporate Development, LLC DWR# 20220652 V2 Individual Certification #WQC005261 Page 8 of 12 minimized impacts to waters, would cause or contribute to a violation of standards, or would result in secondary or cumulative impacts. 10. If the project is covered by NPDES Construction Stormwater Permit Number NCGO10000 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 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, and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters, for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall not be increased. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses, and (3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 11. 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 CARCLINq ' � o�.u�rem�fnm�msio�a\ /� 919.707.9000 Prestige Corporate Development, LLC DWR# 20220652 V2 Individual Certification #WQC005261 Page 9 of 12 12. 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 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 CARCLINq ' o�.u�rem�fnm�msio�a\ /� 919.707.9000 Prestige Corporate Development, LLC DWR# 20220652 V2 Individual Certification #WQC005261 Page 10 of 12 properly in waters will ensure that surface water quality standards are met and conditions of waters are suitable for all best uses. 13. 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 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 odorshall not be present in amounts that may cause adverse impacts on existing wetland uses. 14. 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. 15. All mechanized equipment operated near surface waters shall be inspected and maintained regularly to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids, or other toxic materials. Construction shall be staged in order to minimize the exposure of equipment to surface waters to the maximum extent practicable. Fueling, lubrication, and general equipment maintenance shall be performed in a manner to prevent, to the maximum extent practicable, contamination of surface waters by fuels and oils. Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c), 15A NCAC 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) 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 CARCLINq ' o�.u�rem�fnm�msio�a\ /� 919.707.9000 Prestige Corporate Development, LLC DWR# 20220652 V2 Individual Certification #WQC005261 Page 11 of 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. 16. 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. 17. 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. 18. The permittee and their authorized agents shall conduct all activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal Law. Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. The Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards, or would result in secondary or cumulative impacts. 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 CARCLINq ' o�.u�rem�fnm�msio�a\ /� 919.707.9000 Prestige Corporate Development, LLC DWR# 20220652 V2 Individual Certification #WQC005261 Page 12 of 12 19. 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 181h day of October 2022 Andrew H. Pitner, P.G. Assistant Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office, DEQ North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1617 Mad Service Center I Raleigh, North Carolina 27699-1617 NORTH CARCLINA o�.u-�mofnronmsl0ual\ /� 919.707.9000 HOLDINGSO Catawba Stream Credits Statement of Availability January 9, 2023 BBC Cramer Estates Attn: Steve Bailey 7224 Jameson Way Stanley, NC 28164 RE: Availability of Stream Credits for the "Cramer Estates" project Bank Name: Wildlands Catawba 01 Umbrella Mitigation Bank: Firestone Mitigation Site and Double Rock Mitigation Site Bank Sites: Firestone Mitigation Site / Double Rock Mitigation Site Bank Sponsor: Wildlands Holdings VI, LLC USACE Action ID No.: SAW-2020-01534/ SAW-2020-01532 Permittee: BBC Cramer Estates Stream Credits Needed: 471 LF Stream Credits Available: 1,466 LF Future Stream Credit Release: 1,252 LF (Aug. 2023) Catawba 03050101 River Basin Dear Mr. Bailey, Wildlands Holdings VI, LLC, owned and operated by Wildlands Engineering, Inc., currently has sufficient stream credits from the Wildlands Catawba 01 Umbrella Mitigation Bank: Firestone Mitigation Site and Double Rock Mitigation Site to satisfy the stream mitigation requirements related to the above -mentioned project. The project is located within the Catawba River Basin of the service area (HUC 03050101) of the Bank. This letter is simply a statement of availability of credits as of the date written. It is neither a guarantee of future credit availability, nor a guarantee of credit pricing. Credits are sold on a first come, first serve basis at the Bank's price at the time an invoice is requested. Invoices reserve both the credits and the price for a period of 30 days. Credits and associated pricing may be reserved for up to 6 months with a signed reservation agreement and a 10% deposit. Final transfer of the credits will be made upon receipt of a copy of the US Army Corps of Engineers Compensatory Mitigation Responsibility Transfer Form approving the Stream and/or wetland mitigation purchase from the Bank and upon receipt of your payment to Wildlands Holdings VI, LLC. We appreciate the opportunity to assist you with your mitigation requirements. Please contact me at (704) 332- 7754 x114 or cbrunick@wildlandseng.com if you have any questions or need any additional information. Wildlands Holdings VI, LLC • Wildlands Engineering, Inc • 1430 South Mint Street, Suite 104, Charlotte, NC 28203 HOLDINGSO Sincerely, Camden M. Brunick Wildlands Engineering, Inc. Mitigation Credit Sales cbrunick@wildlandseng.com 0: (704) 332-7754 ext. 114 M: (919) 219-6162 Cc: Ms. Jennifer Robertson, President, Project Manager I ATLAS Environmental, Inc. Ms. Krysta Stygar, Regulatory Agent I USACE Mr. Roberto Sheller, Regulatory Agent I NCDWR Wildlands Holdings VI, LLC • Wildlands Engineering, Inc • 1430 South Mint Street, Suite 104, Charlotte, NC 28203