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HomeMy WebLinkAbout20221680 Ver 2_McKinley Place Supplemental Documentation_20231221SAGE ECOLOGICAL SERVICES E5 .21116 December 21, 2023 US Army Corps of Engineers NC Division of Water Resources Raleigh Regulatory Office 401 & Buffer Permitting Unit Attn: Mr. Dicky Harmon 512 N. Salisbury St., Archdale Bldg. 91h Flr 3331 Heritage Trade Dr., Ste. 105 Raleigh, NC 27604 Wake Forest, NC 27587 Re: McKinley Place Subdivision Request for NWP 29, GC 4256 Authorization & Neuse River Riparian Buffer Certification SAW-2022-01220 DWR Project No. 20221680 Sage Project #2021.150 On behalf of Pine Tree Group, LLC (property owner) and Blue Ash, LLC (applicant), please find attached a complete application and supplemental information requesting written concurrence from the US Army Corps of Engineers (USACE) that the activities associated with the proposed development of the McKinley Place subdivision (Project) may proceed under Nationwide Permit (NWP) 29 and General Certification 4256 (GC 4256). Project Purpose and Locatio8 The Project includes the construction of a residential subdivision. The +/-154.7-acre tract is located 3170 Bruce Garner Road approximately 5.7 miles southeast of Creedmoor in southern Granville County, NC. The coordinates of 36.0609°N, 78.6039°W generally correspond to the center of the Site. Project Detail The proposed Project consists of the construction of a residential development with associated utilities and roads. Homes will be on individual septic systems and the development water needs will be served by community wells. Access to the Site will be provided via Bruce Garner Road to the north. Heavy equipment typically used for utility installation projects (e.g., backhoes, bulldozers, etc.) will be utilized. No federally threatened or endangered species are listed to occur on the Site according to the NC Natural Heritage Program (NCNHP) Database, (see attached report dated November 9, 2021). The Site is not listed as a historic property or within a historic district. No historic structures were found on the Site. No historic properties are identified within one mile of the Site. Project History The Site is comprised of a seven adjacent parcels totaling +/-154.7-acres. The majority of the Site is undeveloped and forested with a pine tree dominated canopy and interspersed hardwoods. Multiple unimproved dirt roads cross the Site. Evidence of past agriculture and timber management are present throughout the Site. An older homesite and associated outbuildings are present in the northern portion of the Site. Nine jurisdictional streams, one jurisdictional pond, and twelve forested riparian wetlands are located on the Site. Surrounding land use is a mix of undisturbed forested areas and residential developments. On 11/28/2022 an application for the subdivision was submitted to the USACE and DWR for unavoidable impacts to the streams, wetlands and riparian buffers on the Site. In February 2023 and March 2023, DWR and the USACE (respectively) approved the project which included 0.004 acres of permanent riparian wetland impacts, 232 linear feet of permanent stream impacts, 73 linear feet of temporary stream impacts, and 17,471 square feet of Zone 1 riparian buffer impacts & 14,003 square feet of Zone 2 riparian buffer impacts. McKinley Place Subdivision Page 1 of 2 Post authorizations, NCDOT required changes to the design of the subdivision roads which has resulted an in overall increase in the stream and riparian buffer impacts at the proposed road crossings. This has necessitated the need for a revised permit application request as well as additional stream mitigation. Avoidance and Minimization Nine jurisdictional streams, one jurisdictional pond, and twelve forested riparian wetlands are located on the Site. The proposed roadway infrastructure results in 3 proposed roadway crossings over 3 different stream channels; these streams bisect the property and the road crossings are necessary to access usable upland portions of the Site. Streams are not crossed multiple times by roads. All other jurisdictional features on the Site have been avoided. Lots were positioned to avoid additional fill and/or impact to streams and wetlands. Stormwater outfalls were designed to minimize impacts to jurisdictional areas. Construction fencing will be used to define the construction corridor and prevent any accidental additional impacts. Silt fencing will be installed to provide additional protection from stormwater runoff. Protect Impacts Impact 1 Culvert 1 is a proposed road crossing and will result in 62 linear feet of permanent stream impact and 25 linear feet of temporary impact (an increase of 10 linear feet from previous authorizations) to accommodate impervious dikes for the temporary bypass pumping operation during culvert installation. Impact 2 Culvert 2 is also a proposed road crossing and will result in 88 linear feet of permanent stream impact (a decrease of 18 linear feet from previous authorizations) and 20 linear feet of temporary impact (a decrease of 4 linear feet from previous authorizations) to accommodate impervious dikes for the temporary bypass pumping operation during culvert installation. Impact 3 Culvert 3 is a proposed road crossing and will result in 0.004 acres of wetland impact, 101 linear feet of permanent stream impact (an increase of 37 linear feet from previous authorizations) and 20 linear feetof temporary impact (a decrease of 14 linear feet from previous authorizations) to accommodate impervious dikes for the temporary bypass pumping operation during culvert installation. Mitigation The originally approved stream impacts totaled 232 linear feet (0.04 acres) and compensatory mitigation was required; this mitigation was satisfied by the Poplar Creek Site and the Bucher Site (administered by EBX-Neuse I, LLC; see attached certificates). The revised project has increased permanent stream impacts by 19 linear feet; EBX-Neuse I, LLC will be providing the additional stream credits to satisfy the updated compensatory mitigation needs (see attached SOA dated 12/12/23). If you have any questions, please call me at (919) 559-1537. Respectfully submitted: can Clark a4t Sage Ecological Services, Inc. Attachments: 4�fz-6 rlU9c�Y�� "-Wcole J. Thomson PWS Sage Ecological Services, Inc. Pre -construction Notification (PCN) Application Form Agent Authorization Forms Figure 1-USGS Site Vicinity Map Figure 2-Soil Survey Site Vicinity Map Figure 3 - Wetland Sketch Map Figure 4 — NCSHPO Map NCNHP Database Report USACE SAW-2022-01220 PJD concurrence email USACE SAW-2022-01220 404 Verification DWR Buffer Determination Letter, NBRRO #22-209 (dated 07/11/2022) DWR 401 and Neuse Riparian Buffer Authorizations, DWR Project No. 20221680 Poplar Creek Mitigation Certificate Bucher Mitigation Certificate Impact Maps EBX-Neuse I, LLC SOA Letter McKinley Place Subdivision Page 2 of 2 SAGE ECOLOGICAL SERVICES EST. 2 . AGENT AUTHORIZATION FORM All Blanks to Be Filled in By the Current Landowner or Legal Representative Name: Blue Ash, LLC Address: 8705 Alden Ln Wake Forest, NC 27587 Phone: 919-457-8402 Email: beth@greenpointelandcorp.com Project Name/Description: McKinley Place Subdivision Sage Project # 2021.150 Date: 11 /10/2022 The Department of the Army U.S. Army Corps of Engineers, Wilmington District P.O. BOX 1890 Wilmington, NC 28402 Attn: Field Office: Re: Wetlands and Streams Related Consulting and Permitting To Whom It May Concern: I, the undersigned, the owner or a duly authorized representative of record of the property/properties identified herein, do authorize representatives of the U.S. Army Corps of Engineers (Corps) to enter upon the property herein described for the purpose of conducting on -site investigations and issuing a determination associated with Waters of the U.S. subject to Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. I also hereby designate and authorize Sage Ecological Services to act on my behalf as my agent in the processing of permit applications, to furnish upon request supplemental information in support of applications, etc. from this day forward. This notification supersedes any previous correspondence concerning the agent for this project. Notice: This authorization, for liability and professional courtesy reasons, is valid only for government officials to enter the property when accompanied by Sage staff. Please contact Sage to arrange a meeting prior to visiting the site. BY: Beth Robinson Print Name of Landowner or Legal Representative BY: 5&;G Signature of Landowner or Legal Representative Feature A Feature I Pond 1 Legend = Project Study Area IV142 J L-UL.auVII Person Vance Warren Granville Franklin Durham Wake USGS Topo Map Blue Ash Property Sage Project # 2021.150 Grissom Quadrangle USGS Topo Map Server 2021 November 9, 2021 0 1,000 2,000 Feet N Figure 1 Sage Ecological Services, Inc. Office:919-335-6757 Cell: 919-559-1537 0 - 1 • f � = R—�t i R , � J' • ti f ,�p 11 y pa y ti ApH +• Feature G f i';all • r Feature H 4'%-,L— AP' Feature A i Lr� Feature I 4 �a ' r L' Pond 1 1 4 Feature J �Arl R _ Feature C T, A — S� Feature K Feature E ' Ar :�•• ��`'-�,, Feature D � i 7 _.,.. - �' � 4 ti f IK, Feature F Jf- �r4 - � Feature L JI411 I y�■r■ IF , iLegend -- I Project Study Area _ ~ r Y IVICIP LVGQLIVII Person Vance Warren Granville Franklin Durham Wake NRCS Soil Survey Map Blue Ash Property Sage Project # 2021.150 N Granville County Soil Survey, 1997 Sheet #16 November 9, 2021 0 1,000 2,000 Feet Figure 2 Sage Ecological Services, Inc. Office: 919-335-6757 Cell: 919-559-1537 NOTE Features depicted herein mug be field verified by the US GE and for NCOWR, or its delegated authority before being valid. Location, shape and — of depicted features m the evaluated sAe a approximate and should be surveyed by a li ensed NC surveyor for final ste planning. This map should be used for preliminary planning proposes ony. Pond 1 -Li;�f7st. a ad a�Tffii�'+ �h - NWILTSHWE� QProject Study Area • Stream Data Point • Wetland Data Point Perennial Stream - Jurisdictional WOTUS •••••••• Intermittent Stream- Jurisdictional WOTUS Pond- Jurisdictional WOTUS 50' Riparian Buffer ® Wetland -Jurisdictional WOTUS 2' Contour ma Locanon Person �11ance Warren Granville Franklin A Durham Wake Wetland Sketch Map Blue Ash Property Sage Project # 2021.150 Prepared by: K. Hamlin November 9, 2021 U 3fa 62U Feet I 0 Figure 3 cs� Sage Ecological Services, Inc. Office: 919-335-6757 Cell: 919-559-1537 NCSHPO Data Download: 9/15/2021 hftp://www.ncdcr.gov a{yh pa Gt 0ng ¢oG„s b r a 'o a rson F� �R G � °o �4d 3Ra 4 [ice 4 ` fi s Ra l,4w 411111, �09++'oop5 E 8ay LS ce Cr g r a t.8py A16rn p1 k Cre 6! pry y° d1 V6c! h B6 i p$ os Ypr yt — B�tkhorn Ln y�' o a R. � o Q Project Study Area CM1-MileProject Buffer - NCSHPO Status Study List individual entry Surveyed Only • Surveyed, Gone QNational Register Boundary f h ill°n Ln Lair [ 3 c aE N �d 3 o � aL" o�c g IV142 J L-UL.auVII Warren Person Vance Granville Orange' VFranklin * ' DurhamWak Chatham NCSHPO Map Blue Ash Property Sage Project # 2021.150 Prepared By: K. Hamlin November 22, 2021 0 1,000 2,000 Feet Lavender Ln L a wv my cn � palsy Ln s" $IbP manna[ pr -S ,16 G% t 4eedo° ❑r ra Granvi[re �,����e Topaz n 4R } _ c � Pr • Bold S-Hill R« Figure 4 I Sage Ecological Services, Inc. Office:919-335-6757 Cell: 919-559-1537 Roy Cooper, Governor was NC DEPARTMENT OF ■■ kma NATURAL AND CULTURAL RESOURCES ■ was November 9, 2021 Sean Clark Sage Ecological Services 3707 Swift Drive Raleigh, NC 27606-2543 RE: Blue Ash Development; 2021.150 Dear Sean Clark: D. Reid Wilson, Secretary Misty Buchanan Deputy Director, Natural Heritage Program N CN H D E-16289 The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. Based on the project area mapped with your request, a query of the NCNHP database indicates that there are no records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project boundary. Please note that although there may be no documentation of natural heritage elements within the project boundary, it does not imply or confirm their absence; the area may not have been surveyed. The results of this query should not be substituted for field surveys where suitable habitat exists. In the event that rare species are found within the project area, please contact the NCNHP so that we may update our records. The attached 'Potential Occurrences' table summarizes rare species and natural communities that have been documented within a one -mile radius of the property boundary. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile radius of the project area, if any, are also included in this report. If a Federally -listed species is found within the project area or is indicated within a one -mile radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here: httgs://www.fws.gov/offices/Di rectory/ListOffices.cfm?statecode=37. Please note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may not be redistributed without permission. The NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Land and Water Fund easement, or Federally - listed species are documented near the project area. If you have questions regarding the information provided in this letter or need additional assistance, please contact Rodney A. Butler at rod ney.butler(a)ncdcr.gov or 919-707-8603. Sincerely, NC Natural Heritage Program DEPARTMENT OF NATURAL AND CULTURAL RESOURCES 9) 121 W JONES STREET, RALEIGH. NC 27603 • 1651 MAIL SERVICE CENTER, RALEIGH. NC 27690 OFC 919.707.9120 • FAX 919307.9121 0 \ M \ # -0 En} En@ o 0 -0 / / e ) _o e 2 e r e \ § z < � z \ ° o \ § o . q % % 4-/ .g % 'E § n / Fn \4 ®\ 0 ±) \ f< 0 e o2 2 $} r ƒ @ Z\ E 2 \/ > E ® ® o § \4\ ro _ �® §7 0 u »/° \ &\ e ° G § ®c a_ G \ ? o L�*< / C \ \ \ \ \ ® t c 1® (:3 �: <§o� �R 3u EEC/i : \) /\/�\ 0 LL > o o % E / \ \ ` § \ \ \ \ 0 @ \ / f \ e w u o z < $ O o % / q 7<.k/U e o/ z t 2 O \ 3 a 7 \ /§ 7 e ` \\�z 0 � < 2 cm \ I \ 5 u f c\ cl M \\ /z f\ % //z I 2 /e § %2 / I= o$ e 3 / / \ 5 2 O )§ c e E 0§ o m o ( \ E \ ƒ / / \ \ \ 0 6 U 2 ' \ 2 \ )§ c 2 \ 2 » E S\ \ 2 00 »[ ( -0§ [ / •/ \ t E § � } 3 3 o e o o § 0 / / 2 \ \ ( \ \ \ $ m g m b ° ® e C c ( E 2 $ $ c ° a \ ) e \ / - ro + 4 k � 41 \ \ $ 7 of E.g ± . u#> $ e� c c o ]J f / 2 e \ ® e o u / / LL / \ # t \ \ § \\ / §/ /rr $f @± # E / LL °@ ) / O \/ u ® % ): co r r o \ 0 2% \ 2 O % / { \ / e / 0 u % > ) ) < < �-0,- E �E/ 22� �� o c E t o$ —� r E $ 2 /// \\ E( 0 E 2 E 2 z c c m ƒr(3/ \ 0» ff/ g ƒ\ 0Q2/ 2// \ \ / � Q E CL O Q » O ❑ � @ � 0 � � � OD clq UD � W O 2 Z U Z % +. _#mfc_@© 0, + �6% mmt»m /{ % \ �,% �®r!yo 90""'Nte ! yH \ / LU < 3 0 / \ < R ® 7 ) 2 $ Co Iam z E j ❑ ❑ \ k 2 Sean Clark From: Norton, April R CIV USARMY CESAW (USA) <April.R.Norton@usace.army.mil> Sent: Friday, July 8, 2022 12:36 PM To: Cory Darnell Cc: Sean Clark Subject: SAW-2022-01220 (Blue Ash Property) PJD Concurrence Attachments: SAW-2022-01220 Sketch Map.pdf Dear Cory Darnell, Reference is made to Corps Action ID: SAW-2022-01220. Please reference this number on any correspondence regarding this action. We have reviewed the information provided by you concerning the aquatic resources, and by copy of this e-mail, are confirming that the aquatic resources delineation has been verified by the Corps to be a sufficiently accurate and reliable representation of the location and extent of aquatic resources within the identified review area. The location and extent of these aquatic resources are shown on the delineation map entitled, "WOTUS Sketch Map" and dated 11/09/2021. Regulatory Guidance Letter (RGL) 16-01 https://usace.contentdm.ocic.org/utils/getfile/collection/pl602lco119/id/1256 provides guidance for Jurisdictional Determinations (JD) and states, "The Corps generally does not issue a JD of any type where no JD has been requested." Currently, we are only verifying the delineation. This delineation may be relied upon for use in the permit evaluation process, including determining compensatory mitigation. This verification does not address nor include any consideration for geographic jurisdiction on aquatic resources and shall not be interpreted as such. This delineation verification is not an Approved Jurisdictional Determination (AJD) and is not an appealable action under the Regulatory Program Administrative Appeal Process (33 CFR Part 331). However, you may request an AJD, which is an appealable action. If you wish to receive a Preliminary Jurisdictional Determination (PJD), or an Approved Jurisdictional Determination (AJD) please respond accordingly, otherwise nothing further is required and we will not provide any additional documentation. **Due to workload volume, the issuance of standalone JDs is not priority; however, you may use the delineation for planning and permitting purposes. April R. Norton Regulatory Division US Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 Phone: (919) 441-3637 Fax: (919) 562-0421 Email: April. R.Norton@usace.army.miI U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2022-01220 County: Granville U.S.G.S. Quad: NC -Grissom GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Green Pointe Development Corn. Attn: Beth Robinson Address: 8705 Alden Lane Wake Forest, North Carolina 27587 Telephone Number: 919.457.8402 E-mail: beth(&i!reenpointelandcorp.com Size (acres) 154.7 Nearest Town Grissom Nearest Waterway Buckhorn Creek River Basin Neuse USGS HUC 03020201 Coordinates Latitude: 36.0609 Longitude:-78.6039 Location description: The project area is located at 3170 Bruce Garner Road in Creedmoor, Granville County, North Carolina. Description of projects area and activity: This verification authorizes the permanent discharge of fill material into 0.004 acre of riparian nonriverine wetlands and 232 linear feet (0.04 acre) of stream channel. This verification also requires the temporary discharge of fill material into 73 linear feet (0.01 acre) of stream channel for dewatering activities. These impacts are necessary for the McKinley Place Subdivision residential development and associated infrastructure. Applicable Law(s): ❑X Section 404 (Clean Water Act, 33 USC 1344) ❑ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Nationwide Permit 29 — Residential Development SEE ATTACHED NWP GENERAL, REGIONAL, AND/OR SPECIAL CONDITIONS Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached Conditions, your application signed and dated 11/28/2022, and the enclosed plans "McKinley Place Subdivision" dated 11/28/2022. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class I administrative penalty, and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide and/or regional general permit authorization is modified, suspended, or revoked. If, prior to the expiration date identified below, the nationwide and/or regional general permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide and/or regional general permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide and/or regional general permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide and/or regional general permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Resources (telephone 919-807-6300) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management Morehead City, NC, at (252) 808-2808. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Jean B. Gibby at 919-554-4884, Ext. 24or Jean.B.Gibbv(a)usace.armv.mil. Corps Regulatory Official (_ �_ Date: 5/13/2023 Expiration Date of Verificatio4/*/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:Hcorpsmapu.usace.army.miVcm_apex/f?p=13 6:4:0 Copy furnished: Agent: Sage Ecological Services, Inc. Attn: Nicole Thomson Address: 3707 Swift Creek Drive Raleigh, North Carolina 27606 Telephone Number: 919.754.7806 E-mail: nthomson(&sageecolo0cal.com Property Owner: Pine Tree Group, LLC. Attn: James D. Goldston Address: 11305 Derby Lane Raleigh, North Carolina 27613 Telephone Number: 919.673.1878 E-mail: imgoldston()nc.rr.com SAW-2022-01220 SPECIAL CONDITIONS a. To compensate for impacts associated with this permit, mitigation shall be provided in accordance with the provisions outlined on the most recent version of the attached Compensatory Mitigation Responsibility Transfer Form. The requirements of this form, including any special conditions listed on this form, are hereby incorporated as special conditions of this permit authorization. Action ID Number: SAW-2022-01220 County: Granville Permittee: Green Pointe Development Corp., Attn: Beth Robinson Project Name: McKinley Place Subdivision Date Verification Issued: 5/13/2023 Project Manager: Jean B. Gibbv 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: Jean B. Gibby Raleigh Regulatory Office U.S Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 or Jean.B.Gibby@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 CESAW-RG (File Number, SAW-2022-01220) Compensatory Mitigation Responsibility Transfer Form Permittee: Green Pointe Development Corp., Attn: Beth Robinson Action ID: SAW-2022-01220 Project Name: McKinley Place Subdivision County: Granville Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved Mitigation Bank or the North Carolina Division of Mitigation Services (NCDMS), who will then sign the form to verify the transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee's responsibility to ensure that Wilmington District Project Manager identified on page two is in receipt of a signed copy of this form before conducting authorized impacts, unless otherwise specified below. If more than one Mitigation Sponsor will be used to provide the mitigation associated with the permit, or if the impacts and/or the mitigation will occur in more than one 8-digit Hydrologic Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms for each Sponsor and/or HUC must be provided to the appropriate Mitigation Sponsors. Instructions to Sponsor: The Sponsor verifies that the mitigation requirements (credits) shown below have been released and are available at the identified site. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of whether they have received payment from the Permittee. Once the form is signed, the Sponsor must update the bank ledger and provide a copy of the signed form and the updated ledger to the Permittee, the Project Manager who issued the permit, the Bank Project Manager, and the District Mitigation Office (see contact information on page 2). The Sponsor must also comply with all reporting requirements established in their authorizing instrument. Permitted Impacts and Compensatory Mitigation Requirements: Permitted Impacts Requiring Mitigation* 8-digit HUC and Basin: 03020201, Neuse River Basin Stream Impacts (linear feet) Wetland Impacts (acres) Riparian Riparian Non- Non Warm Cool Cold Coastal Riverine Riverine Riparian 232 *If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor. Compensatory Mitigation Requirements: 8-digit HUC and Basin: 03020201, Neuse River Basin Stream Mitigation (credits) Wetland Mitigation (credits) Riparian Riparian Non- Non - Warm Cool Cold Coastal Riverine Riverine Riparian 464 Mitigation Site Debited: EBX-Neuse Sponsored Neu -Con Wetland & Stream UNB — Poplar Creek Site (401 credits) and Blackbird Site — 63 credits. (List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCDMS, list NCDMS. If the NCDMS acceptance letter identifies a specific site, also list the specific site to be debited). Section to be completed by the Mitigation Sponsor Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action ID number shown. I also verify that released credits (and/or advance credits for NCDMS), as approved by the Wilmington District, are currently available at the mitigation site identified above. CESAW-RG (File Number, SAW-2022-01220) Further, I understand that if the Sponsor fails to provide the required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to ensure compliance associated with the mitigation requirements. Mitigation Sponsor Name: Name of Sponsor's Authorized Representative: Signature of Sponsor's Authorized Representative Date of Signature Conditions for Transfer of Compensatory Mitigation Credit: • Once this document has been signed by the Mitigation Sponsor and the District is in receipt of the signed form, the Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains responsible for any other mitigation requirements stated in the permit conditions. • Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only after the District is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein. When NCDMS provides mitigation for authorized impacts conducted by the North Carolina Department of Transportation (NCDOT), construction within jurisdictional areas may proceed upon permit issuance; however, a copy of this form signed by NCDMS must be provided to the District within 30 days of permit issuance. NCDOT remains fully responsible for the mitigation until the District has received this form, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein. • Signed copies of this document must be retained by the Permittee, Mitigation Sponsor, and in the USACE administrative records for both the permit and the Bank/ILF Instrument. It is the Permittee's responsibility to ensure that the District Project Manager (address below) is provided with a signed copy of this form. • If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to the District, the Sponsor must obtain case -by -case approval from the District Project Manager and/or North Carolina Interagency Review Team (NCIRT). If approved, higher mitigation ratios may be applied, as per current District guidance and a new version of this form must be completed and included in the District administrative records for both the permit and the Bank/ILF Instrument. Comments/Additional Conditions: A letter from EBX-Neuse I, LLC Stream and Wetland Banks, confirming they are willing and able to accept the applicant's compensatory mitigation responsibility, dated 11/10/2022 was included with the preconstruction notification. This form is not valid unless signed below by the District Project Manager and by the Mitigation Sponsor on Page 1. Once signed, the Sponsor should provide copies of this form along with an updated bank ledger to: 1) the Permittee, 2) the District Project Manager at the address below, 3) the Bank Manager listed in RIBITS, and 4) the Wilmington District Mitigation Office, 3331 Heritage Trade Drive, Suite 105, Wake Forest, NC 27587 (or by email to SAWMIT@usace.army. mil ). Questions regarding this form or any of the permit conditions may be directed to the District Mitigation Office. USACE Project Manager: Jean B. Gibby USACE Field Office: Raleigh Regulatory Office US Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 CESAW-RG (File Number, SAW-2022-01220) Wake Forest, North Carolina 27587 Email: Jean.B.Gibby@usace.army.mil Project IXanag#Signature 5/13/2023 Date of Signature Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and mitigation bank location and availability, and credit classifications (including stream temperature and wetland groupings) is available at http://ribits.usace.army.mil. 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I.M K In P4 F4 2 z z � a g s•s£ro �aa gel m 1 ` a a o i� Lu E'pEtr d D 7 z 00+0 I V J UrZR rV �J 04 V J 1y�94 N ! 4 N U Z w a u�� W w �1 f Z U) 0 �L.0 UL) �a Nw�y LU LL J � Y U U Nr 4t T � C a CN CN- NOR w� p � T yiV z w T� wa aN d y T r z fi 6gE wW � orris _ a�a _ LO'8[E I 1 U�bHE C7 I I S I' 14 �pa U) z 0 U 2 Lw�y/ Li W VJ Q �IC r � r [) o¢< CV C'4 M p 04 r W 9 N ❑ 2f W ry ill w 0 2 r _ a N a04 NCV 1 z ' � -- 8•£LE x pp0. N fl't LE O a <o L) F O'DLE I � 1 INA till m s cv 0,69E 6 �i UZ .e� CA 0.4 �n y� 94 [V 1NA W4 N ~j U Ilr�l Z Zw a u w W w V Z oLU �o U� Qo N� LL LL = r� Z) I� C a 0� w � p � r N a 2 �� a W aN - a 04 y tr} QocuSign Envelope IC: l6ClC374-3QCF-493F-9309-507ACFA3734❑ ROY COOPER Governor ELIZABETH S. BISER secre.rary S. DANIEL SMITH Dfrertor Contact: Pine Tree Group, LLC Address: 11305 Derby Lane, Raleigh, NC 27613 NORTH CAROLINA Environmental Quality 07/I 1/2022 Subject: Buffer Determination Letter NBRRO -922-209 Granville County Determination Type: Buffer Intermittent/Perennial ® Neuse (I 5A NCAC 2B .0714) ❑ Tar -.Pamlico (I5A NCAC 2B .0734) ❑ lntermittent/Perciinial Determination (where local buffer ordinances apply) ❑ Jordan (15A NCAC 2B .0267) (governmental and/or interjurisdictional projects) Project Name Address/Location Stream(s): Blue Ash Southwest of the intersections of Bruce Garner Road and Rock Spring Road in Grissom. NC Buckhorn Creek Determination Date: 07/08/2022 Staff: doe Myers Feature Ell/Po} Not at Subject Start @ Stop p* Sail USGS Sub'ettf Survey Tn o A P x Start: DWR A 36.063830,-78.606613 x x Stop: Off Property B P x Start:Ofl-Property x Stop: Conf_ueacc wl C C P x Start: Off Property x x Stop: Off Property D I x Start: Off Property x Stop-. Confluence wl C E NP x x F E x x G NP x x Pond A x N. A x x (I) E = Ephemeral, I = Intermittent, P = Perennial, NP = Not Present, NIA=Not Applicable (2) Refers to State riparian buffer rules only. Stream, wetland, or pond impacts are still subject to applicable water quality standards and permitting requirements. h �.,_ North Carnllna ❑epartment of Environmental Quality I ❑Mslan Df Water Rewurues e:fr0--0'0' DW Raleigh Regional OFtire 13600 Barrett Drive I Raleigh. North Carollna 2 76 09 �wr� r 4.1q.741.3dtlR DocuSign Envelope ID: 16C1C374-3pCF-493F-9349-5D7ACFA3734❑ Blue Ash Property Granville County 07/ 1112022 Page 2 of 2 Explanation: The stream(s)lpond(s) listed above has been located on the most recent published MRCS Soil Survey of Granville County, North Carolina and/or the most recent copy of the USGS Topographic map at a 1: 24,000 scale. Each feature that is checked "Not Subject" has been determined to not be an intermittent stream, perennial stream, a pond connected to a stream feature, or the feature is deternined not to be present. Stream features that are checked "Subject" have been located on the property and possess characteristics that qualify them to be subject to the buffer rules. There may be other streams located on the property that are not depicted on the maps referenced above and are therefore not subject to the buffer rules. However, if the stream features are present on the tract they are subject to al other applicable North Carolina stream standards and permitting requirements as outlined in 15A NCAC 02B, and may be considered jurisdictional according to the US Army Corps of Engineers. This on -site determination shall expire five (5) years from the date of this letter. Landowners or affected parties that dispute a determination made by the DWR may request a determination by the Director. An appeal request must be made within sixty (60) days of date of this letter. A request for a determination by the Director shall be referred to the Director in writing. If sending via US Postal Service. c/o Paul H'njnski, DWR — 401 A Buffer Permitting Unit. 1617 Aluil Semice Center; Raleigh, NC 27699-1617. If'se►iding via delivery service (UPS, FedEx, etc.): Paul ftfuski; DIVYR — 401 & Buffer Permitting Unit, 512 N. Salishury Street; Raleigh, NC 27604. This determination is final and binding unless, as detailed above, an appeal is requested within sixty (60) days. This project may require a Section 404/401 Permit for the proposed activity. Any inquiries should be directed to the US Army Corp of Engineers (Raleigh Regulatory Field Office) at (919)-554-4884. If you have questions regarding this determination, please feel free to contact Joe Myers at 919-906-8056. Sincerely, Es oucusigned by: � Ilwsnw BCDA9082504WU Scott Vinson, Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources. NCDEQ cc: PRO DWR File Copy Laserfictic Contact via e-mail at CDarncll ci�SaL�eEcological.com ��EQI� ,Je� North Carolina Department of Environmental Quality' Division of Water Resources I Raleigh Regional Office 3800 BarrettDrive 1628 Mail Service Center l Raleigh. North Carolina 27699.1628 919.791.4200 DocuSign Envelope ID: 16C1C374-3DCF-493F-9309-5D7ACFA3734D #22-209 Blue Ash Property Granville County RAU r- . �a - a so * M 7 Pond A: Subject I Feature A: Subject - Feature C: Subject I ova STATE. Map provided by NCDER r°^ Legend: � r Division of Water Resources s Locations are approximate -Approximate Site Boundary: and are provided for refer- -Approximate Start/Stop Point ence only: r "• * ���'' � DoouSign Envelope ID: 16C1C374-3DCF-493F-9309-5D7ACFA3734D Blue Ash Property Granville County ova STA2Z Map provided by NCDEQ r Legend: r Division of Water Resources :: Locations are approximate -Approximate Site Boundary: 0n _ and are provided for refer- ence onl -Approximate Start/Stop Point * `���'' y :� DocuSign Envelope ID: 9A9EC050-8072-4B3F-9E3B-D4D53339F969 ROY COOPER Governor ELIZABETH S. BISER Secretory RICHARD E. ROGERS, JR. Director February 2, 2023 NORTH CAROLINA Environmental Quality DWR # 20221680 Granville County Green Pointe Development Corporation Attn: Beth Robinson 8705 Alden Lane Wake Forest, NC 27587 (via email: bethkgreenpointelandcorp.com) Subject: Approval of Individual 401 Water Quality Certification McKinley Place Subdivision USACE Action ID. No. SAW-2022-01220 Dear Beth Robinson: Attached hereto is a copy of Certification No. 5617 issued to Beth Robinson and Green Pointe Development Corporation, dated February 2, 2023. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of this Water Quality Certification. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this Certification and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)]. This Water Quality Certification does not relieve the permittee of the responsibility to obtain all other required Federal, State, or Local approvals before proceeding with the project, including those required by, but not limited to, Sediment and Erosion Control, Non -Discharge, Water Supply Watershed, and Trout Buffer regulations. This Water Quality Certification neither grants nor affirms any property right, license, or privilege in any lands or waters, or any right of use in any waters. This Water Quality Certification does not authorize any person to interfere with the riparian rights, littoral rights, or water use rights of any other person and does not create any prescriptive right or any right of priority regarding any usage of water. This Water Quality Certification shall not be interposed as a defense in any action respecting the determination of riparian or littoral rights or other rights to water use. No consumptive user is deemed by virtue of this Water Quality Certification to possess any prescriptive or other right of priority with respect to any other consumptive user. Upon the presentation of proper credentials, the Division may inspect the property. This Water Quality Certification shall expire on the same day as the expiration date of the corresponding Section 404 Permit. The conditions shall remain in effect for the life of the project, regardless of the expiration date of this Water Quality Certification. Non-compliance with or violation of the conditions herein set forth may result in revocation of this Water Quality Certification for the project and may also result in criminal and/or civil penalties. p North Carolina Department of Environmental Quality I Division of Water Resources D� Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609 NORTH CAROLJNa i 919.791.4200 oros.m�e�a m �ro�me��i o�.i� DocuSign Envelope ID: 9A9EC050-8072-4B3F-9E3B-D4D53339F969 McKinley Place Subdivision DWR# 20221680 Individual Certification #WQC005617 Page 2 of 13 If you are unable to comply with any of the conditions of this Water Quality Certification you must notify the Raleigh Regional Office within 24 hours (or the next business day if a weekend or holiday) from the time the permittee becomes aware of the circumstances. The permittee shall report to the Raleigh Regional Office any noncompliance with, and/or any violation of, stream or wetland standards [ 15A NCAC 02B .0200] including but not limited to sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the permittee became aware of the non-compliance circumstances. This approval and its conditions are final and binding unless contested [G.S. 143-215.5]. This Certification can be contested as provided in Chapter 150B of the North Carolina General Statutes by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter 150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code. Additional information regarding requirements for filing a Petition and Petition forms may be accessed at htlp://www.ncoah.comi or by calling the OAH Clerk's Office at (919) 431-3000. One (1) copy of the Petition must also be served to the North Carolina Department of Environmental Quality: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 If the party filing the Petition is not the permittee, then the party must also serve the recipient of the Authorization Certificate in accordance with N.C.G.S 15013-23(a). This letter completes the Division's review under section 401 of the Clean Water Act and 15A NCAC 02H .0500. Please contact Zach Thomas at 919-791-4255 or zachary.thomas&ncdenr.gov if you have any questions or concerns. Sincerely, ocuSigned by: E�D f. 2916E6AB32144F... Scott Vinson, Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ cc: Nikki Thompson, Sage Ecological Services (via email: nthomsonksageecological.com) Sean Clark, Sage Ecological Services (via email: sclarkksa e�gical.com) James Goldston, Pine Tree Group, LLC (via email: jmgoldstonknc.rr.com) Jean Gibby, USACE Raleigh Regulatory Field Office (via email) Gabriela Garrison, NC Wildlife Resources Commission (via email) DWR 401 & Buffer Permitting Branch Electronic file NORTH C�o�� D E R_ wwe amp .-hi North Carolina Department of Environmental Quality I Division of Water Resources Raleigh Regional Office 1 3800 Barrett Drive I Raleigh, North Carolina 27609 919.791.4200 DocuSign Envelope ID: 9A9EC050-8072-4B3F-9E3B-D4D53339F969 McKinley Place Subdivision DWR# 20221680 Individual Certification #WQC005617 Page 3 of 13 NORTH CAROLINA 401 WATER QUALITY CERTIFICATION CERTIFICATION 45617 is issued in conformity with the requirements of Section 401, Public Laws 92- 500 and 95-217 of the United States and subject to North Carolina's Regulations in 15 NCAC 02H .0500 and 15A NCAC 02B .0200, to Beth Robinson and Green Pointe Development Corporation, who have authorization for the impacts listed below, as described within your application received by the N.C. Division of Water Resources (Division) on November 28, 2022, and payment received December 6, 2022. The State of North Carolina certifies that this activity will comply with water quality requirements and the applicable portions of Sections 301, 302, 303, 306, 307 of the Public Laws 92-500 and PL 95-217 if conducted in accordance with the application, the supporting documentation, and conditions hereinafter set forth. The following impacts are hereby approved. No other impacts are approved, including incidental impacts. [15A NCAC 02H .0506(b)] Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary 404/401 Wetlands: W3: Road Crossing 0.004 (acres) 0 (acres) 404/401 Streams: S1 & S2: Road Crossing — Culvert/Dewaterin 62 (linear feet) 15 (linear feet) S3 & S4: Road Crossing — Culvert/Dewaterm 106 (linear feet) 24 (linear feet) S5 & S6: Road Crossing — Culvert/Dewatering 64 (linear feet) 34 (linear feet) This approval requires you to follow the conditions listed in the certification below: CONDITIONS OF CERTIFICATION [15A NCAC 02H .0507(c)]: 1) Erosion and Sediment Control: Appropriate measures should be installed prior to any land clearing activities to protect wetlands, streams, and/or buffers from turbidity and/ or sedimentation. These measures should be routinely inspected and properly maintained, and excavated materials should be contained outside wetland, stream, and/or buffer boundaries. Excessive silt and sediment loads can have numerous detrimental effects on aquatic resources including destruction of spawning habitat, suffocation of eggs, and clogging of gills of aquatic species. Citation: 15A NCAC 02H.0506 (b)(1) and (2) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and maintenance of biological integrity, wildlife, secondary contact recreation, agriculture); and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. 2) The Permittee shall secure an approved stormwater management plan (SMP) from the locally delegated government stormwater program or state stormwater program before any impacts authorized in this certification occur. Citation: 15A NCAC 02H.0506; 15A NCAC 02H.0507(c) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and maintenance of biological integrity; wildlife; secondary contact recreation; agriculture); and that NORTH C�o�� D E R_ oroemmeMmem.�����i u�aim\ �� North Carolina Department of Environmental Quality I Division of Water Resources Raleigh Regional Office 1 3800 Barrett Drive I Raleigh, North Carolina 27609 919.791.4200 DocuSign Envelope ID: 9A9EC050-8072-4B3F-9E3B-D4D53339F969 McKinley Place Subdivision DWR# 20221680 Individual Certification #WQC005617 Page 4 of 13 activities must not cause waterpollution thatprecludes any best use on a short-term or long-term basis. 3) If this Water Quality Certification is used to access residential, commercial or industrial building sites, then all parcels owned by the permittee that are part of the single and complete project authorized by this Certification must be buildable without additional impacts to streams or wetlands. Citation: 15A NCAC 02H.0502(a);15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c) Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. In determining that the proposed activity will comply with state water quality standards (including designated uses, numeric criteria, narrative criteria and the state's antidegradation policy), the Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation ofstandards or would result in secondary or cumulative impacts 4) For road construction purposes, this Certification shall only be utilized from natural high ground to natural high ground. Citation: 15A NCAC 02H . 0502(a);15A NCAC 02H . 0506(b); 15A NCAC 02H . 0507(c) Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. In determining that the proposed activity will comply with state water quality standards (including designated uses, numeric criteria, narrative criteria and the state's antidegradation policy), the Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation ofstandards or would result in secondary or cumulative impacts. 5) Deed notifications or similar mechanisms shall be placed on all lots/parcels with retained jurisdictional wetlands, waters, and state regulated riparian buffers within the project boundaries in order to assure compliance with NC Water Quality Certification Rules (15A NCAC 02H .0500), NC Isolated Wetland Rules (15A NCAC 02H .1300), and/or State Regulated Riparian Buffer Rules (15A NCAC 02B .0200). These mechanisms shall be put in place at the time of recording of the property or individual parcels, whichever is appropriate. Citation: 15A NCAC 02H.0502(a);15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c) Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. In determining that the proposed activity will comply with state water quality standards (including designated uses, numeric criteria, narrative criteria and the state's antidegradation policy), the Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation ofstandards or would result in secondary or cumulative impacts. 6) For all dam removal projects meeting the definition under G.S. 143-215.25 and requirements under G.S. 143-215.27 of a professionally supervised dam removal, the applicant shall provide documentation that any sediment that may be released has similar or lower level of contamination than sediment sampled from downstream of the dam in accordance with Session Law 2017-145. Citation: 15A NCAC 02H.0502; 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c); 15A NCACO2B . 0200; S.L. 2017-145 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. In determining that the proposed activity will comply with state water quality standards (including designated uses, numeric criteria, narrative criteria and the state's antidegradation policy), the Division must evaluate if the activity has avoided and minimized ��� North Carolina Department of Environmental Quality I Division of Water Resources Raleigh Regional Office 1 3800 Barrett Drive I Raleigh, North Carolina 27609 Noa�H CAROLINA i 919.791.4200 oroemmeMmem.�����i u�aim\ �� DocuSign Envelope ID: 9A9EC050-8072-4B3F-9E3B-D4D53339F969 McKinley Place Subdivision DWR# 20221680 Individual Certification #WQC005617 Page 5 of 13 impacts to waters, would cause or contribute to a violation of standards or would result in secondary or cumulative impacts. 7) If this Water Quality Certification is used for utility related impacts, then the following Activity Specific Conditions shall apply to those impacts. a) All sewer lines shall be designed, constructed and maintained in accordance with Title 15A NCAC Chapter 02T, applicable Minimum Design Criteria (MDC), and/or Alternative Design Criteria. Citation: 15A NCAC 02H . 0506(b); 15A NCAC 02H . 0507(c) Justification: The referenced Minimum Design criteria and 02T rules were adopted to ensure that conditions of waters be suitable for all best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and maintenance of biological integrity; wildlife: secondary contact recreation: agriculture); and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. b) Any utility construction corridor that is parallel to a stream or open water shall not be closer than 10 feet to the top of bank or ordinary high-water mark. Citation: 15A NCAC 02H . 0506(b); 15A NCAC 02H . 0507(c) Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. In determining that the proposed activity will comply with state water quality standards (including designated uses, numeric criteria, narrative criteria and the state's antidegradation policy), the Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards or would result in secondary or cumulative impacts. c) Where there are temporary or permanent impacts from stream crossings, utility lines shall cross the stream channel at a near -perpendicular direction (i.e., between 75 degrees and 105 degrees to the stream bank). Citation: 15A NCAC 02H . 0506(b); 15A NCAC 02H . 0507(c) Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. In determining that the proposed activity will comply with state water quality standards (including designated uses, numeric criteria, narrative criteria and the state's antidegradation policy), the Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards or would result in secondary or cumulative impacts. d) Construction corridors in wetlands and/or across stream channels shall be minimized to the maximum extent practicable and shall not exceed 40 feet wide for utility lines. For construction corridors in wetlands and across stream channels, stumps shall be grubbed only as needed to install the utility and remaining stumps shall be cut off at grade level. The general stripping of topsoil within wetlands along the construction corridor is prohibited. Citation: 15A NCAC 02H . 0506(b); 15A NCAC 02H . 0507(c) Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. In determining that the proposed activity will comply with state water quality standards (including designated uses, numeric criteria, narrative criteria and the state's antidegradation policy), the Division must evaluate if the activity has avoided ��� North Carolina Department of Environmental Quality I Division of Water Resources Raleigh Regional Office 1 3800 Barrett Drive I Raleigh, North Carolina 27609 Noa�H CAROLINA i 919.791.4200 oroemmeMmem.�����i u�aim\ �� DocuSign Envelope ID: 9A9EC050-8072-4B3F-9E3B-D4D53339F969 McKinley Place Subdivision DWR# 20221680 Individual Certification #WQC005617 Page 6 of 13 and minimized impacts to waters, would cause or contribute to a violation of standards or would result in secondary or cumulative impacts. e) Permanent maintained access corridors in wetlands and across stream channels shall be restricted to the minimum width practicable and shall not exceed 30 feet wide except at manhole locations. Citation: 15A NCAC 02H . 0506(b); 15A NCAC 02H . 0507(c) Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. In determining that the proposed activity will comply with state water quality standards (including designated uses, numeric criteria, narrative criteria and the state's antidegradation policy), the Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards or would result in secondary or cumulative impacts. f) For all utility lines constructed within wetlands, an anti -seep collar shall be placed at the downstream (utility line gradient) wetland boundary and every 150 feet up the gradient until the utility exits the wetland. Anti -seep collars may be constructed with class B concrete, compacted clay, PVC pipe, or metal collars. Wetland crossings that are directionally drilled, and perpendicular wetland crossings that are open cut and less than 150 feet long do not require anti -seep collars. The compacted clay shall have a specific infiltration of 1 X 10-5 cm/sec or less. See Water Quality General Certification No. 4256 for a section and plan view diagram for the anti -seep collars. The following specifications shall apply to class B concrete: i) Minimum cement content, sacks per cubic yard with rounded coarse aggregate 5.0 ii) Minimum cement content, sacks per cubic yard with angular coarse aggregate 5.5 iii) Maximum water -cement ratio gallons per sack 6.8 iv) Slump range 2" to 4" v) Minimum strength - 28-day psi 2,500 Citation: 15A NCAC 02H . 0506(b); 15A NCAC 02H . 0507(c) Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. In determining that the proposed activity will comply with state water quality standards (including designated uses, numeric criteria, narrative criteria and the state's antidegradation policy), the Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards or would result in secondary or cumulative impacts. g) The permittee shall have a specific plan for restoring wetland contours to pre -construction conditions. Any excess material will be removed to a high ground disposal area. The mixing of topsoil and subsoils within the wetlands along utility corridors shall be minimized to the greatest extent practical. During excavation, the soils shall be placed on fabric to minimize impacts whenever possible. Topsoil excavated from utility trenches will be piled separately from subsoils and will be backfilled into the trench only after the subsoils have been placed and compacted. Citation: 15A NCAC 02H . 0506(b); 15A NCAC 02H . 0507(c) Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. In determining that the proposed activity will comply with state water quality standards (including designated uses, numeric criteria, narrative criteria and the state's antidegradation policy), the Division must evaluate if the activity has avoided ��� North Carolina Department of Environmental Quality I Division of Water Resources Raleigh Regional Office 1 3800 Barrett Drive I Raleigh, North Carolina 27609 Noa�H CAROLINA i 919.791.4200 oroemmeMmem.�����i u�aim\ �� DocuSign Envelope ID: 9A9EC050-8072-4B3F-9E3B-D4D53339F969 McKinley Place Subdivision DWR# 20221680 Individual Certification #WQC005617 Page 7 of 13 and minimized impacts to waters, would cause or contribute to a violation of standards or would result in secondary or cumulative impacts. 8) The permittee shall report to the DWR Raleigh Regional Office any noncompliance with, and/or any violation of, stream or wetland standards [15A NCAC 02B .0200], including but not limited to sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the permittee became aware of the non-compliance circumstances. Citation: 15A NCAC 02H . 0506(b); 15A NCAC 02H . 0507(c) Justification: Timely reporting of non-compliance is important in identifying and minimizing detrimental impacts to water quality and avoiding impacts due to water pollution that precludes any best use on a short- term or long-term basis. 9) 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 waterpollution thatprecludes any best use on a short-term or long-term basis. 10) 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. 11) When applicable, all construction activities shall be performed and maintained in full compliance with G.S. Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973). Regardless of applicability of the Sediment and Pollution Control Act, all projects shall incorporate appropriate Best Management Practices for the control of sediment and erosion so that no violations of state water quality standards, statutes, or rules occur. Design, installation, operation, and maintenance of all sediment and erosion control measures shall be equal to or exceed the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual, or for linear transportation projects, the North Caroline Department of Transportation Sediment and Erosion Control Manual. All devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) sites, including contractor -owned or leased borrow pits associated with the project. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. For borrow pit sites, the erosion and sediment control measures shall be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. Reclamation measures and implementation shall comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act and the Mining Act of 1971. Citation: 15A NCAC 02H. 0506(b); 15A NCAC 02H .0507(c); 15A NCACO2B . 0200; 15A NCAC 02B.0231 ��� North Carolina Department of Environmental Quality I Division of Water Resources Raleigh Regional Office 1 3800 Barrett Drive I Raleigh, North Carolina 27609 Noa�H CAROLINA i 919.791.4200 oroemmeMmem.�����i u�aim\ �� DocuSign Envelope ID: 9A9EC050-8072-4B3F-9E3B-D4D53339F969 McKinley Place Subdivision DWR# 20221680 Individual Certification #WQC005617 Page 8 of 13 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability of fish, aesthetic quality, or impair the waters for any designated uses; and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU,- if turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall not be increased. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 12) Sediment and erosion control measures shall not be installed in wetland or waters except within the footprint of temporary or permanent impacts otherwise authorized by this Certification. If placed within authorized impact areas, then placement of such measures shall not be conducted in a manner that results in dis-equilibrium of any wetlands, streambeds, or streambanks. Any silt fence installed within wetlands shall be removed from wetlands and the natural grade restored within two (2) months of the date that DEMLR or locally delegated program has released the specific area within the project to ensure wetland standards are maintained upon completion of the project. Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c); 15A NCAC 02B .0200; 15A NCAC 02B .0231 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability of fish, aesthetic quality, or impair the waters for any designated uses; and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU,- if turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall not be increased. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 13) 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. NORTH C�o�� D E R- nmw—amp .—hiu�aim\ North Carolina Department of Environmental Quality I Division of Water Resources Raleigh Regional Office 1 3800 Barrett Drive I Raleigh, North Carolina 27609 919.791.4200 DocuSign Envelope ID: 9A9EC050-8072-4B3F-9E3B-D4D53339F969 McKinley Place Subdivision DWR# 20221680 Individual Certification #WQC005617 Page 9 of 13 14) If the project is covered by NPDES Construction Stormwater Permit Number NCG010000 or NPDES Construction Stormwater Permit Number NCG250000, full compliance with permit conditions including the erosion & sedimentation control plan, inspections and maintenance, self -monitoring, record keeping and reporting requirements is required. Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c); 15A NCAC 02B .0200; 15A NCAC 02B.0231 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability of fish, aesthetic quality, or impair the waters for any designated uses; and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU,- if turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall not be increased. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 15) All work in or adjacent to streams shall be conducted so that the flowing stream does not come in contact with the disturbed area. Approved best management practices from the most current version of the NC Sediment and Erosion Control Manual, or the NC Department of Transportation Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams, and other diversion structures shall be used to minimize excavation in flowing water. Citation: 15A NCAC 02H . 0506(b); 15A NCAC 02H . 0507(c); 15A NCAC 02B . 0200 Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated uses; and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU,- if turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall not be increased. 16) In -stream structures installed to mimic natural channel geomorphology such as cross -vanes, sills, step - pool structures, etc. shall be designed and installed in such a manner that allow for continued aquatic life movement. Citation: 15A NCAC 02H . 0506(b); 15A NCAC 02H . 0507(c) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. Ensuring that in -stream structures are installed properly will ensure that surface water quality standards are met and conditions of waters are suitable for all best uses. 17) 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 ��� North Carolina Department of Environmental Quality I Division of Water Resources Raleigh Regional Office 1 3800 Barrett Drive I Raleigh, North Carolina 27609 NoaaHCAROLNA i 919.791.4200 oroemmeMmem.�����i u�aim\ �� DocuSign Envelope ID: 9A9EC050-8072-4B3F-9E3B-D4D53339F969 McKinley Place Subdivision DWR# 20221680 Individual Certification #WQC005617 Page 10 of 13 the depth of the stream in connection with the construction activity. The width, height, and gradient of a proposed culvert shall be such as to pass the average historical low flow and spring flow without adversely altering flow velocity. If the width of the culvert is wider than the stream channel, the culvert shall include multiple boxes/pipes, baffles, benches and/or sills to maintain the natural width of the stream channel. If multiple culverts/pipes/barrels are used, low flows shall be accommodated in one culvert/pipe and additional culverts/pipes shall be installed such that they receive only flows above bankfull. Placement of culverts and other structures in streams shall be below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20% of the culvert diameter for culverts having a diameter less than or equal to 48 inches, to allow low flow passage of water and aquatic life. If the culvert outlet is submerged within a pool or scour hole and designed to provide for aquatic passage, then culvert burial into the streambed is not required. For structures less than 72" in diameter/width, and topographic constraints indicate culvert slopes of greater than 2.5% culvert burial is not required, provided that all alternative options for flattening the slope have been investigated and aquatic life movement/connectivity has been provided when possible (e.g. rock ladders, cross -vanes, sills, baffles etc.). Notification, including supporting documentation to include a location map of the culvert, culvert profile drawings, and slope calculations, shall be provided to DWR 30 calendar days prior to the installation of the culvert. When bedrock is present in culvert locations, culvert burial is not required, provided that there is sufficient documentation of the presence of bedrock. Notification, including supporting documentation such as a location map of the culvert, geotechnical reports, photographs, etc. shall be provided to DWR a minimum of 30 calendar days prior to the installation of the culvert. If bedrock is discovered during construction, then DWR shall be notified by phone or email within 24 hours of discovery. Installation of culverts in wetlands shall ensure continuity of water movement and be designed to adequately accommodate high water or flood conditions. When roadways, causeways, or other fill projects are constructed across FEMA-designated floodways or wetlands, openings such as culverts or bridges shall be provided to maintain the natural hydrology of the system as well as prevent constriction of the floodway that may result in destabilization of streams or wetlands. The establishment of native woody vegetation and other soft stream bank stabilization techniques shall be used where practicable instead of rip -rap or other bank hardening methods. Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. Ensuring that structures are installed properly in waters will ensure that surface water quality standards are met and conditions of waters are suitable for all best uses. 18) Application of fertilizer to establish planted/seeded vegetation within disturbed riparian areas and/or wetlands shall be conducted at agronomic rates and shall comply with all other Federal, State and Local regulations. Fertilizer application shall be accomplished in a manner that minimizes the risk of contact between the fertilizer and surface waters. Citation: 15A 02H . 0506(b); 15A NCAC 02H . 0507(c); 15A NCAC 02B . 0200; 15A NCAC 02B . 0231 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability of ��� North Carolina Department of Environmental Quality I Division of Water Resources Raleigh Regional Office 1 3800 Barrett Drive I Raleigh, North Carolina 27609 Noa�H CAROLINA i 919.791.4200 oroemmeMmem.�����i u�aim\ �� DocuSign Envelope ID: 9A9EC050-8072-4B3F-9E3B-D4D53339F969 McKinley Place Subdivision DWR# 20221680 Individual Certification #WQC005617 Page 11 of 13 fish, aesthetic quality, or impair the waters for any designated uses. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 19) If concrete is used during construction, then all necessary measures shall be taken to prevent direct contact between uncured or curing concrete and waters of the state. Water that inadvertently contacts uncured concrete shall not be discharged to waters of the state. Citation: 15A 02H.0506(b); 15A NCAC 02H.0507(c); 15A NCAC 02B .0200; 15A NCAC 02B .0231 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability of fish, aesthetic quality, or impair the waters for any designated uses. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 20) All proposed and approved temporary fill and culverts shall be removed and the impacted area shall be returned to natural conditions within 60 calendar days after the temporary impact is no longer necessary. The impacted areas shall be restored to original grade, including each stream's original cross -sectional dimensions, planform pattern, and longitudinal bed profile. All temporarily impacted sites shall be restored and stabilized with native vegetation. Citation: 15A NCAC 02H 0506(b); 15A NCAC 02H . 0507(c) Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Protections are necessary to ensure any remaining surface waters or wetlands, and any surface waters or wetlands downstream, continue to support existing uses after project completion. 21) All proposed and approved temporary pipes/culverts/rip-rap pads etc. in streams or wetlands shall be installed as outlined in the most recent edition of the North Carolina Sediment and Erosion Control Planning and Design Manual or the North Carolina Surface Mining Manual or the North Carolina Department of Transportation Best Management Practices for Construction and Maintenance Activities so as not to restrict stream flow or cause dis-equilibrium during use of this Certification. Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. Ensuring that structures are installed properly in waters will ensure that surface water quality standards are met and conditions of waters are suitable for all best uses. 22) 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) ��� North Carolina Department of Environmental Quality I Division of Water Resources Raleigh Regional Office 1 3800 Barrett Drive I Raleigh, North Carolina 27609 Noa�H CAROLINA i 919.791.4200 oroemmeMmem.�����i u�aim\ �� DocuSign Envelope ID: 9A9EC050-8072-4B3F-9E3B-D4D53339F969 McKinley Place Subdivision DWR# 20221680 Individual Certification #WQC005617 Page 12 of 13 Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. The Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation ofstandards, or would result in secondary or cumulative impacts. 23) Any rip -rap used for stream or shoreline stabilization shall be of a size and density to prevent movement by wave, current action, or stream flows, and shall consist of clean rock or masonry material free of debris or toxic pollutants. Rip -rap shall not be installed in the streambed except in specific areas required for velocity control and to ensure structural integrity of bank stabilization measures. Citation: 15A NCAC 02H . 0506(b); 15A NCAC 02H . 0507(c); 15A NCAC 02B . 0201 Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. The Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards, or would result in secondary or cumulative impacts. 24) All mechanized equipment operated near surface waters shall be inspected and maintained regularly to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids, or other toxic materials. Construction shall be staged in order to minimize the exposure of equipment to surface waters to the maximum extent practicable. Fueling, lubrication, and general equipment maintenance shall be performed in a manner to prevent, to the maximum extent practicable, contamination of surface waters by fuels and oils. Citation: 15A NCAC 02H . 0506(b); 15A NCAC 02H . 0507(c); 15A NCAC 02B . 0200; 15A NCAC 02B .0231 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability of fish, aesthetic quality, or impair the waters for any designated uses. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 25) Heavy equipment working in wetlands shall be placed on mats or other measures shall be taken to minimize soil disturbance and compaction. Citation: 15A NCAC 02H . 0506(b); 15A NCAC 02H . 0507(c); 15A NCAC 02B . 0231 Justification: Wetland standards require maintenance or enhancement of existing uses of wetlands such that hydrologic conditions necessary to support natural biological and physical characteristics are protected,- populations of wetland flora and fauna are maintained to protect biological integrity of the wetland, and materials or substances are not present in amounts that may cause adverse impact on existing wetland uses. 26) 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 Raleigh Regional Office 1 3800 Barrett Drive I Raleigh, North Carolina 27609 NoaaHCAROLNA i 919.791.4200 oroemmeMmem.�����i u�aim\ �� DocuSign Envelope ID: 9A9EC050-8072-4B3F-9E3B-D4D53339F969 McKinley Place Subdivision DWR# 20221680 Individual Certification #WQC005617 Page 13 of 13 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. 27) 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 ofstandards, or would result in secondary or cumulative impacts. 28) The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this Water Quality Certification. A copy of this Water Quality Certification shall be available at the project site during the construction and maintenance of this project. Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c) Justification: Those actually performing the work should be aware of the requirements of this 401 Water Quality Certification to minimize water quality impacts. This approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. The conditions in effect on the date of issuance shall remain in effect for the life of the project, regardless of the expiration date of this Certification. [15A NCAC 02H .0507(c)] This, the 2nd day of February 2023 IDocuSigned by: UAAAj-ss& f,. haan,ul, 6r B2916HAB32144F... Scott Vinson, Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ ZT WQC005617 NORTH C�o�� D E R_ oroemmeMmem.�����i u�aim\ �� North Carolina Department of Environmental Quality I Division of Water Resources Raleigh Regional Office 1 3800 Barrett Drive I Raleigh, North Carolina 27609 919.791.4200 DocuSign Envelope ID: 9A9EC050-8072-4B3F-9E3B-D4D53339F969 ROY COOPER Governor ELIZABETH S. BISER Secretory RICHARD E. ROGERS, JR. Director February 2, 2023 NORTH CAROLINA Environmental Quality DWR # 20221680 Granville County Green Pointe Development Corporation Attn: Beth Robinson 8705 Alden Lane Wake Forest, NC 27587 (via email: bethggreenpointelandcorp.com) Subject: APPROVAL OF NEUSE RIVER BASIN RIPARIAN BUFFER IMPACTS WITH ADDITIONAL CONDITIONS McKinley Place Subdivision Dear Beth Robinson: You have our approval for the impacts listed below for the purpose described in your application dated and received by the Division of Water Resources (Division) November 28, 2022, and with payment received December 6, 2022. These impacts are covered by the Neuse River Buffer Rules and the conditions listed below. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed regulations. This Authorization shall expire when the corresponding 401 Water Quality Certification Approval DWR#20221680 expires. The following impacts are hereby approved, provided that all of the Conditions listed below, and all of the conditions of the Neuse River Buffer Rules are met. No other impacts are approved, including incidental impacts. [15A NCAC 02B Neuse .0611(b)(2)] Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Buffers — Zone 1 B1: Road Crossing 4,595 (square feet 0 (square feet B2: Road Crossing 7,347 (square feet) 0 (square feet) B3: Road Crossing 5,529 (square feet 0 (square feet Buffers — Zone 2 B1: Road Crossing 2,994 (square feet) 0 (square feet) B2: Road Crossing 4,391 (square feet 0 (square feet) B3: Road Crossing 3,646 (square feet) 0 (square feet) �C.ROJN�A' North Carolina Department of Environmental Quality I Division of Water Resources Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609 919.791.4200 1,1 a 1of EnNmnme lQualRY DocuSign Envelope ID: 9A9EC050-8072-4B3F-9E3B-D4D53339F969 McKinley Place Subdivision DWR# 20221680 Buffer Authorization Certificate Page 2 of 3 This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of this Authorization Certificate. If you change your project, you must notify the Division and you may be required to submit a new application package. If the property is sold, the new owner must be given a copy of this Authorization Certificate and is responsible for complying with all conditions. [15A NCAC 02B .0611(b)(2)] If you are unable to comply with any of the conditions below, you must notify the Raleigh Regional Office within 24 hours (or the next business day if a weekend or holiday) from the time the permittee becomes aware of the circumstances. The permittee shall report to the Raleigh Regional Office any noncompliance with the conditions of this Authorization Certificate and/or any violation of state regulated riparian buffer rules [15A NCAC 02B .0714]. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the applicant became aware of the circumstances. This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] Upon the presentation of proper credentials, the Division may inspect the property. This Authorization Certificate can be contested as provided in Chapter 150B of the North Carolina General Statutes by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter 150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code. Additional information regarding requirements for filing a Petition and Petition forms may be accessed at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000. A party filing a Petition must serve a copy of the Petition on: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 If the party filing the Petition is not the permittee, then the party must also serve the recipient of the Authorization Certificate in accordance with N.C.G.S 15013-23(a). This Authorization Certificate neither grants nor affirms any property right, license, or privilege in any lands or waters, or any right of use in any waters. This Authorization Certificate does not authorize any person to interfere with the riparian rights, littoral rights, or water use rights of any other person, nor does it create any prescriptive right or any right of priority regarding any usage of water. This Authorization Certificate shall not be interposed as a defense in any action respecting the determination of riparian or littoral rights or other rights to water use. No consumptive user is deemed by virtue of this Authorization Certificate to possess any � North Carolina Department of Environmental Quality I Division of Water Resources Raleigh Regional Office 1 3800 Barrett Drive I Raleigh, North Carolina 27609 NCRTH CARCLINA 919.791.4200 DocuSign Envelope ID: 9A9EC050-8072-4B3F-9E3B-D4D53339F969 McKinley Place Subdivision DWR# 20221680 Buffer Authorization Certificate Page 3 of 3 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. This letter completes the review of the Division under the Neuse River Riparian Buffer Rules as described in 15A NCAC 02B .0714. Please contact Zach Thomas at 919-791-4255 or zachary.thomasgncdenr.gov if you have any questions or concerns. Sincerely, DocuSigned by: Uaan t SSa f. kAlA,tAdj � V' 82916E6A632144F... Scott Vinson, Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ cc: Nikki Thompson, Sage Ecological Services (via email: nthomsonksa e. e�gical.com) Sean Clark, Sage Ecological Services (via email: sclark&sa e�gical.com) James Goldston, Pine Tree Group, LLC (via email: jmgoldston&nc.rr.com) DWR 401 & Buffer Permitting via Laserfiche � North Carolina Department of Environmental Quality I Division of Water Resources Raleigh Regional Office 1 3800 Barrett Drive I Raleigh, North Carolina 27609 NCRTH CARCLINA 919.791.4200 fires MITIGATION CREDIT TRANSFER CERTIFICATE NEU-CON WETLAND AND STREAM UMBRELLA BANK TO: NORTH CAROLINA INTERAGENCY REVIEW TEAM The undersigned, EBX-Neuse I, LLC the Sponsor of the Neu -Con Wetland and Stream Umbrella Mitigation Bank (Poplar Creek Site) hereby certifies the following: 1. Greenpoint Development Corp./Blue Ash LLC has deposited monies with the Sponsor sufficient to acquire 401.00 Stream Mitigation Credits from the Bank for use on McKinley Place Subdivision project (USACE Action ID: SAW-2022- 01220), in Granville County NC, in HUC 03020201 of the Neuse River Watershed. 2. McKinley Place Subdivision requires a total of 464.00 Stream Mitigation Credits as mitigation. Of this amount 401.00 Stream Mitigation Credits are being provided by the Poplar Creek Site and 63.00 Stream Mitigation Credits are being provided by the Bucher Site in the Neu -Con Wetland and Stream Umbrella Mitigation Bank for the full amount needed. The Sponsorhas deducted 401.00 Stream Mitigation Credits from the Bank's credit ledger in HUC 03020201 of the Neuse River Watershed. A copy of the Bank's Credit ledgers reflecting the above transaction are attached to this Certificate. EBX-Neuse I, LLC By: Jennifer Hatchett, Authorized Agent Date: 6/28/2023 Copies: Jean Gibby — US Army Corps of Engineers Nikki Thomson — Sage Ecological Services, Inc. fires MITIGATION CREDIT TRANSFER CERTIFICATE NEU-CON WETLAND AND STREAM UMBRELLA BANK TO: NORTH CAROLINA INTERAGENCY REVIEW TEAM The undersigned, EBX-Neuse I, LLC the Sponsor of the Neu -Con Wetland and Stream Umbrella Mitigation Bank (Bucher Site) hereby certifies the following: 1. Greenpoint Development Corp./Blue Ash LLC has deposited monies with the Sponsor sufficient to acquire 63.00 Stream Mitigation Credits from the Bank for use on McKinley Place Subdivision project (USACE Action ID: SAW-2022- 01220), in Granville County NC, in HUC 03020201 of the Neuse River Watershed. 2. McKinley Place Subdivision requires a total of 464.00 Stream Mitigation Credits as mitigation. Of this amount 63.00 Stream Mitigation Credits are being provided by the Bucher Site and 40 1. 00 Stream Mitigation Credits are being provided by the Poplar Creek Site in the Neu -Con Wetland and Stream Umbrella Mitigation Bank for the full amount needed. The Sponsor has deducted 63.00Stream Mitigation Credits from the Bank's credit ledger in HUC 03020201 of the Neuse River Watershed. A copy of the Bank's Credit ledgers reflecting the above transaction are attached to this Certificate. 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Q r-H I aya "n H H HaM. 0, U I R, < < Md, TIq ­.ns -o —62 < EL < CL cL 2, c� 0, 2 EL 0 �'o s K �w <2 t t s t S 0 I E 0� 5 1 C/D fires EBX-Neuse I, LLC Stream and Wetland Banks Statement of Availability December 12, 2023 U.S. Army Corps of Engineers Jean Gibby Raleigh Regulatory Field Office 3331 Heritage Trade Center, Suite 105 Wake Forest, NC 27587 Re Project: McKinley Place Subdivision This document confirms that Greenpointe Development Corporation (Applicant) for the McKinley Place Subdivision (Project) has expressed an interest to utilize 38.00 Stream Mitigation Credits from the EBX- Neuse sponsored Neu -Con Wetland & Stream Umbrella Mitigation Bank, specifically 38.00 stream credits from the Poplar Creek site in the Neuse HUC 03020201. As the official Bank Sponsor, EBX-Neuse I, LLC, attests to the fact that mitigation is available for reservation at this time. These mitigation credits are not considered secured, and consequently are eligible to be used for alternate purposes by the Bank Sponsor, until payment in full is received from the Applicant resulting in the issuance of a Mitigation Credit Transfer Certificate by the bank acknowledging that the Applicant has fully secured credits from the bank and the Banker has accepted full responsibility for the mitigation obligation requiring the credits/units. The Banker will issue the Mitigation Credit Transfer Certificate within three (3) days of receipt of the purchase price. Banker shall provide to Applicant a copy of the Mitigation Credit Transfer Certificate and a documented copy of the debit of credits from the Bank Official Credit Ledger(s), indicating the permit number and the resource type secured by the applicant. A copy of the Mitigation Credit Transfer Certificate, with an updated Official Credit Ledger will also be sent to regulatory agencies showing the proper documentation. If any questions need to be answered, please contact me at 919-209-1055 or astaley@res.us. Best Regards, Amy Staley Credit Sales Manager RES