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/ / Division of Water Resources
FAST TRACK SEWER SYSTEM EXTENSION APPLICATION
Division of Water Resources FTA 10-23 & SUPPORTING DOCUMENTATION
Application Number:A 14,i(to be completed byDWR)
All items must be completed or the application will be returned
I. APPLICANT INFORMATION:
I. Applicant's name: Davie Court
(company, municipality, HOA, utility, etc.)
2. Applicant type: ❑ individual
❑ Corporation ❑ General Partnership
❑ Federal
® state/County ❑ Municipal
3. Signature authority's name: Johnny Lambert far 15A NCAC 02T .0106(b)
Title: Utilities Director
4. Applicant's mailing address: 298
E. Depot S., Suite 200
City: Mocksville'State:NC
Zip:27028-f
5. Applicant's contact information:
Phone number: (336)
Email Address: ilanbert(aldaviecountvnc.eov,
11, PROJECT INFORMATION:
❑ Privately -Owned Public Utility
❑ Other
1. Project name: The Townes at Bermuda Run Phase 1,
2. Application/Project slams: Z Proposed (New Penn it) ❑ Existing PemiNProject
If a modification, provide the existing permit number: W000_ and issued date: _,
For modifications, also attach a detailed narrative description as described in Item G of the checklist.
If new construction, but part of a master plan, provide the existing permit number: WQ00
3. County where project is located: a k'
4. Approximate Coordinates (Decimal Degrees): Latitude: 36.000474' Longitude:-80.444186'
5. Parcel ID (if applicable): D700000201 (or Parcel ID to closest downstream sewer)
Ill. CONSULTANT INFORMATION:
Professional Engineer: Lee Btyan License Number: 53418
Firm: Evans Engineering, hic -
Mailing address:4609 Dundas Dr,
City: Greensboro State: NQ
Phone number: (L3_ <) 482-6543
Zip: 27407-_
Email Address: lib(akvans-ene.com
IV, WASTEWATER TREATMENT FACILITY (WWTF) INFORMATION:
I. Facility Name: Muddy Creek W WTP Pepit Number: NCO050342
Owner Name: WSFCU
V. RECEIVING DOWNSTREAM SEWER INFORMATION:
I. PemtitNumber(s): WQO I33
2. Downstream (Receiving) Sewer Information: 11 inch' ® Gravity � ❑ Force Main
3. System Wide Collection System Permit Number(s) (if applicable): WQCS00106 "
Owner Natue(s): Davie County
FORM: FTA 10.23 Page I of
VI. GENERAL REQUIREMENTS
I. If the Applicant is a Privately -Owned Public Utility, has a Certificate of Public Convenience and Necessity been attached?
❑ Yes ❑ No ® N/A
2. if the Applicant is a Developer of lots to be sold, has a Developer's Operationnl Agreement (FORM; DEV) been attached?
❑ Yes ❑ No ® N/A '
3. If the Applicant is a tlonme/Property, Owners' Association, has an HOA/POA Operational Agreement (FORM: HOA) and
supplementary documentation as required by 15A NCAC 02T.0115(c) been attached?
❑ Yes ❑ No ® N/A
4. Origin of wastewater: (check all that apply):
® Residential (Individually Owned) ❑ Retail (stores, centers, malls) ❑ Car Wash
❑ Residential (Leased) ❑ Retail with food preparation/service ❑ Hotel and/or Motels
❑ School / preschool / day care ❑ Medical / dental / veterinary facilities ❑ Swimming Pool/Clubhouse
❑ Food and drink facilities ❑ Church ❑ Swimming Pool/Filter Backwash
❑ Businesses / offices / factories ❑ Nursing Home ❑ Other (Explain in Attachment)
5. Nature of wastewater: jQQ°/Domestic _% Commercial _% Industrial (See 15A NCAC 02T.0 103(20))
If Industrial, is there a Pretreatment Progrmn in effect? ❑ Yes❑ No
6. Hasa flow reduction been approved under 15A NCAC 02T .0114(f)? ❑ Yes ❑ No
D If Yes, provide a cony of flow reduction aporoval letter with this application
7. Summarize wastewater generated by project:
Establishment Type (see 02T.0114(I))
Daily Design Flow"''
No. of Units
Flow
Residential Townhomes (4 Bedroom)
300 gal/day
73
21,900 GPD
gaV
GPD
gaV
GPD
gal/
GPD
gal/
GPD
gal/
GPD
Total
21,900 GPD
a See 15A NCAC 02T .01 14(b). (d) (c)(1) and (e)(2) for caveats to wastewater design flow rates (i.e. proposed unknown
non-residential development uses; public access facilities located near high public use areas; and residential property
located south or east of the Atlantic Intracoastal Waterway to be used as vacation rentals as defined in G.S. 42A-4).
b Per 15A NCAC 02T.0114(c), design flow rates for establishments not identified (in table 15A NCAC 02T.0114) shall be
determined using available flow data, water using fixtures, occupancy or operation patterns, and other measured data.
8. Wastewater generated by project: 21M OPD (per 15A NCAC 02T .0114 and G.S. 143-215.1)
➢ Do not include future flows or previously permitted allocations
If permitted flow is zero, please indicate why:
❑ Pump Station/Force Main or Gravity Sewer where flow will be permitted in subsequent permits that connect to this line.
Please provide supplentewnry information indicating ilia approximate tinmefame for permitting upstream sewers with flow.
❑ Flow has already been allocated in Permit Number: _ Issuance Date:
❑ Rehabilitation or replacement of existing sewers with no new flow expected
❑ Other (Explain):
FORM: FTA 10-23 Page 2 of 5
VII. GRAVITY SEWER DESIGN CRITERIA (If Applicable) - 02T.030 & MDC (Gravity Sewers):
I. Summarize gravity sewer to be permitted:
Size (inches) Length (feet) Material
8" 2,507 SDR 35 `
D Section 11 & Ill of the MDC for Permitting of Gravity Sewers contains information related to design criteria
D Section Ill contains information related to minimum slopes for gravity sewer(s)
D Oversizing lines to meet minimum slope requirements is not allowed and a violation of the MDC
Vlll, PUMP STATION DESIGN CRITERIA (If Applicable)— 02T.0305 & MDC (Punro Stations/Force Mains):
PROVIDE A SEPARATE COPY OF THIS PAGE FOR EACH PUMP STATION INCLUDED IN THIS PROJECT
1. Pmnp station number or name: _
2. Approximate Coordinates (Dechnal Degrees): Latitude: Longitude: -__°
3. Total number of pumps at the pump station:
3. Design flow of the pump station: _ millions gallons per day (firm capacity)
D This should reflect the total GPM for the pump station with the largest pump out of service.
4. Operational point(s) per puntp(s): —gallons per minute (GPM) at— feet total dynamic head (TDH)
5. Summarize the force main to be permitted (for this Pump Station):
Size(inches) I Lengilt(fect) I Material
If any portion of the force main is less than 4-inches in diameter, please identify the method of solids reduction per
MDCPSFM Section 2.01C.I.b. ❑ Grinder Pump ❑ Mechanical Bar Screen ❑ Other (please specify) _ _
6. Power reliability in accordance with 15A NCAC 02T .0305(iil(I ):
❑ Standby power source or ❑ Standby pump
D Must have automatic activation and telemetry - 15A NCAC 02T.0305Qt)(I)(D).
D Required for all pump stations with an average daily flow greater than or equal to 15,000 gallons per clay
D Must be permanent to racllily and may not be portable
Or if the pump station has an average daily flow less than 15,000 gallons per clay 15A NCACO2'r.0305(h)(1)(C):
❑ Portable power source with mnnual activation, quick -connection receptacle and telemetry -
or
❑ Portable pumping unit with plugged emergency pump connection and telemetry:
D Include documentation that the portable source is owned or contracted by the applicant and is compatible with the station.
D If the portable power source or pump is dedicated to multiple pump stations, an evaluation of all the pump stations storage
capacities and the roinlion schedule of the portable power source or pump, including travel timeframes, shall be provided
as part of this permit application in the case of a Multiple station power outage.
FORM: PTA 10-23 Page 3 of 5
IX. SETBACKS & SEPARATIONS — (02H .0200 & 15A NCAC 02T.0305(f)):
1. Does the project comply with all sept rations/elternatives found in 15A NCAC 02T .0305(f) & (el?
a A rarer nnT n'lAVA mne.tpa .pIn a.,,a,Arinnt that ahalI he provided for sewer systems:
�J
❑ Yes ❑ No
Setback Parameter*
Separation Required
Storm sewers and other utilities not listed below (vertical)
18 inches
'Water mains (vertical - water over sewer preferred, including in benched trenches)
18 Inches
'Water mains (horizontal)
10 feet
Reclaimed water lines (vertical - reclaimed over sewer)
18 inches
Reclaimed water lines (horizontal - reclaimed over sewer)
2 feet
**Any private or public water supply source, including any wells, WS-I waters of Class 1 or
Class 11 impounded reservoirs used as a source of drinking water, and associated wetlands.
100 feet
**Waters classified WS (except WS-1 or WS-V), B, SA, ORW, HQW, or SB from normal
high water (or tide elevation) and wetlands associated with these waters (see item IX.2)
50 feet
**Any other stream, take, impoundment, or ground water lowering and surface drainage
ditches, as well as wetlands associated with these waters or classified as WL.
10 feet
Any building foundation (horizontal)
5 feet
Any basement (horizontal)
10 feet
Top slope of embankment or cuts of 2 feet or more vertical height
10 feet
Drainage systems and interceptor drains
5 feet
Any awitmming pools
10 feet
Final earth grade (vertical)
36 inches
➢ If noncompliance with 02T.0305(f) or (a). see Section X.1 of this application
* 15A NCAC 02T.0305(0 contains alternatives where separations in 02T.0305(f) cannot be achieved. Please check "yes"
above If these alternatives are used and provide narrative Information to explain.
**Stream classifications can be identified using the Division's NC Surface Water Classifications weboaee
2. Does this project comply with the minimum separation requirements for water mains? ® Yes ❑ No ❑ N/A
➢ If no, please refer to 15A NCAC 18C.0906(f) for documentation requirements and submit a separate document,
signed/scaled by an NC licensed PE, verifying the criteria outlined in that Rule.
i
3. Does the project comply with separation requirements for wetlands? ® Yes ❑ No ❑ N/A
➢ Please provide supplementary information identifying the areas of non-conformance.
➢ Seethe Division's dr�sennratiun reauirentents for situations where separation cannot be met.
➢ No variance is required if the alternative design criteria specified is utilized in design and construction.
4. Is tiro project located in a river basin subject to any State buffer rules? ❑ Yes Basin name: _ ®No
If yes, does the project comply with setbacks found in the river basin rules per 15A NCAC 02B .0200? ❑ Yes ❑ No
➢ This includes Trout Buffered Streams per 15A NCAC 213.0202
5. Does the project require coverage/authoriration under a 404 Nationwide/individual permits ® Yes ❑ No
or 401 Water Quality Cartificaliors? >p
➢ Please provide the permit number/permitting status in the cover letter if covemge/authorization is required.
6. Does project comply with 15A NCAC 02T.0105(c)(61(addilional permits/certifications)? ® Yes ❑ No
Per 15A NCAC 02T 0105(c)(6), directly related environmental permits or certification applications must be being prepared,
have been applied for, or have been obtained. Issuance of this permit is contingent on issuance of dependent permits (erosion
slid sedimentation control plans, stormwater management plans, etc.).
7. Does this project include any sewer collation lines that are deemed "high-priorilyT' ❑ Yes ®No
Per I SA NCAC 02T.0402, "high -priority sewer" means any aerial sewor, sewer contacting surface waters,
siphon, or sewers positioned parallel to streanrbanks that are subject to erosion that undermines or deteriorates the sewer.
Siphons and sewers suspended through Interference/conflict boxes require a variance approval.
➢ If yes, include an attachment with details roeach line, including type (aerial line, size, material, and location).
High priority lines shall be Inspected by the permtttne or, its representative at least once every six -months and
Inspections documented per 15A NCAC 02T.0403(a)(5) or the permittee's individual System -Wide Collection permit.
FORM: 17TA 10-23 Page 4 of 5
X. CERTIFICATIONS:
I. Does the submitted system comply with 15A NCAC 021'. the Minimum Design Criteria for the Permitting of Pump Stations
and Force Mains (latest version) and the Grnvily Sewer Minimum Design Criteria (latest version) as applicable?
® Yes- ❑ No
If no, for projects requiring a single variance, complete and submit the Variance/Alternative Design
(VADC 10-14) and supporting documents for review to the Central Office. Ammeval of the lea
2. Professional Engineers Certification:
1, Lee Bryant attest that this application for The Townes at Bermuda Rwt Phase 1
(Professional engineer's name from Appliention Itcm 111.1.) (Projeei Nanm (loin Application Item 11.1)
lifts been reviewed by file and Is accurate, complete anti consisted with the information supplied in the plans,
specifications, engineering calculations, and all other supporting documentation to the best of my Imowledge. I further
attest that to the best of my knowledge Ilia proposed design lies been prepared in accordance with the applicable regulations,
Minimum Design Criteria for Gravity Sever (latest version), and the Minimum Design 1 1'ia for the Past -Track Permitting
of Pump Stations and Force Mains (latest version). Although other professionals rosy have developed certain potions of tills
submittal package, inclusion of those materials under my signature and seal signifies that I have reviewed this material and
have judged it to be consistent with the proposed design.
NOTE — In accordance with General Statutes 143-215.6A and 143-215.6B, oily person who knowingly makes any false
statement, representation, or certification in oily application package shall be guilty of n Class 2 misdemeanor, which may
include a fine not to exceed $10,000, as well as civil penalties up to $25,000 par violation. Misrepresentation of the application
information, including Whore to disclose any design non-compliance with the applicable Rules and design criteria, may subject
the North Carolina -licensed Professional Engineer to referral to the licensing board. (21 NCAC 56,0701)
North Carolina Professional Engineer's seal, signature, and date: ' `Sv\\\\" CA
053418
A-d0 -A
3. Applicant's Ceitifncalion per I SA NCAC 02T .0106(b):
I Johnli Lambert attest that this application for The Townes at Bermuda Run Phase 1
(slgmitin Aolliodly Nwim from Apptkniton Item 1.3.) (Project Name from Applicalion Ilem I1,1)
attest that this application has been reviewed by me and Is accurate end complete to the best of my knowledge.
I understand that if all required parts of this application are not completed and that if all required supporting documentation
and attachments are not included, this application package is subject to being returned as incomplete. I understand that any
discharge of wastewater front this non -discharge system to surface waters or the land will result in an immediate enforcement
action thAt may include civil penalties, injunctive relief, and/or criminal prosecution. I will make no claim against the Division
of Water Resources should a condition of this permit be violated. I also understand that if all required parts of this application
package are not completed and that If all required supporting information and Attachments are not included, this Application
pnckagc will be returned to me as incomplete.
NOTE — In Accodance with General Slatnles -215.6end 143-215.6 , any person who knowingly makes fifty false
statement, representation, or certification in filly application package shall be guilty of a Class 2 inistlenientior, which may
include a fine not to exceed $10,000 as well as civil penalties up to $25,000 per violation.
Signature:
Date: . ve;
FORM: F'fA 10-23 Page 5 of 5
DKkinn of Water aesourre,
State of North Carolina
Department of Environmental Quality
Division of Water Resources
Flow Tracking for Sewer Extension Applications
(FTSE 10-23)
Entity Requesting Allocation: Davie County
Project Name for which flow is being requested: The Townes at Bermuda Run Phase 1
More than one FTSE may be required for a single project if the owner of the WWTP is not responsible for all pnnrp
stations along the route of the proposed wastewater flow.
1. Complete this section only if you are the owner of the wastewater treatment plant.
a. WWTP Facility Name:
b. WWTP Facility Permit #:
All flows are in MGD
c. WWTP facility's permitted flow
d. Estimated obligated flow not yet tributary to the WWTP
e. WWTP facility's actual avg. flow
f. Total flow for this specific request .0219
g. Total actual and obligated flows to the facility
h. Percent of permitted flow used
Il. Complete this section for each pump station you are responsible for along the route of this proposed
wastewater flow.
List pomp stations located between the project connection point and the WWTP:
(A) (B) (C) (D)=(B*C) (E) (A-D)
Design Approx. Obligated, Total
Pump Pump Average Current Not Yet Current Flow
Station Station Firm Daily Flow" Avg. Daily Tributary Plus
(Name or Permit Capacity, • (Firm / p0, Flow, Daily Flow, Obligated Available
Number) No. MOD MOD MOD MOD Flow Capacity***
Bermuda
D„_ W00039884 4.2 1.68 .364 0 1.316
East
WQ0039884 5.33 2.0 .477 0 1.555
* The Firm Capacity (design now) of any pump station is defined as the maximum pumped flow that can be
achieved with the largest pump taken out of service.
** Design Average Daily Flow is the firm capacity of the pump station divided by a peaking factor (pf) not
less than 2.5, per Section 2.02(A)(4)(c) of the Minimum Design Criteria.
*** A Planning Assessment Addendum shall be attached for each pump station located between the
project connection point and the WWTP where the Available Capacity is < 0.
Downstream Facility Name (Sewer): Davie County
Downstream Permit Number: WQCS00106
Page 1 of 6
FTSE. 10-23
III. Certification Statement:
I LOn41, P 4- ` certify to the best of my knowledge that the addition of
the volume of was water to be permitted in this project has been evaluated along the route to the receiving
wastewater treatment facility and that the flow from this project is not anticipated to cause any capacity
related sanitary sewer overflows or overburden any downstream pump station en route to the receiving
treatment plant under normal circumstances, given the implementation of the planned improvements
identified in the planning assessment where applicable. This analysis has been performed in accordance
with local established policies and procedures using the best available data. This certification applies to
those items listed above in Sections I and 11 plus all attached planning assessment addendums for which I
am the responsible party. Signature of this form certifies that the receiving collection system or treatment
works has adequate capacity to transport and treat the proposed new wastewater.
Date
Page 2 of 6
FTSE 10-23
State of North Carolina
Department of Environmental Quality
Division of Water Resources
Flow Tracking for Sewer Extension Applications
(FTSE 10-23)
Entity Requesting Allocation: Davie County "
Project Name for which flow is being requested: The Townes at Bermuda Run Ph 1
More than one FTSE may be required for a single project if the owner of the WWTP is not responsible for al! pump
stations along the route of the proposed wastewater flow.
I. Complete this section only if you are the owner of the wastewater treatment plant.
a. WWTP Facility Name: Muddy Creek
b. WWTP Facility Permit #: NCO050342
All flows are in MGD
c. WWTP facility's permitted flow 21.000000 '
d. Estimated obligated flow not yet tributary to the WWTP
e. WWTP facility's actual avg. flow
f. Total flow for this specific request
g. Total actual and obligated flows to the facility
h. Percent of permitted flow used
3.1074440 ,
13.684444 ,
0.0219000 i
16.813788
80.0
II. Complete this section for each pump station you are responsible for along the route of this proposed
wastewater flow.
List pump stations located between the project connection point and the WWTP:
(A)
(B)
(C)
(D)=(B+C)
(F)=(A-D)
Design
Obligated,
Pump
Pump
Average
Approx.
Not Yet
Total Current
Station
Station
Firm
Daily Flow"*
Current
Tributary
Flow Plus
(Name or
Permit
Capacity, *
(Firm / pf),
Avg. Daily
Daily Flow,
Obligated
Available
Number)
No.
MGD
MGD
Flow, MGD
MGD
Flow
Capacity***
Idols Rd
5.90000
2.360000
i
0.576579
0.036314
0.612893
I
1.747107
* The Firm Capacity (design flow) of any pump station is defined as the maximum pumped flow that can be
achieved with the largest pump taken out of service.
** Design Average Daily Flow is the firm capacity of the pump station divided by a peaking factor (pf) not
less than 2.5, per Section 2.02(A)(4)(c) of the Minimum Design Criteria.
*** A Planning Assessment Addendum shall be attached for each pump station located between the
project connection point and the WWTP where the Available Capacity is <0.
Downstream Facility Name (Sewer): Muddy Creek
Downstream Permit Number: WQCS00003
Page 1 of 6
FTSE 10-23
III. Certification Statement:
I Courtney Driver P.E. ' certify to the best of my knowledge that the addition of
the volume of wastewater to be permitted in this project has been evaluated along the route to the receiving
wastewater treatment facility and that the flow from this project is not anticipated to cause any capacity
related sanitary sewer overflows or overburden any downstream pump station en route to the receiving
treatment plant under normal circumstances, given the implementation of the planned improvements
identified in the planning assessment where applicable. This analysis has been performed in accordance
with local established policies and procedures using the best available data. This certification applies to
those items listed above in Sections I and 11 plus all attached planning assessment addendums for which I
am the responsible party. Signature of this form certifies that the receiving collection system or treatment
works has adequate capacity to transport and treat the proposed new wastewater.
M
Signing Official Signature
OvLee d2
Title of Signing
7IZo /2
Date
Page 2 of 6
FTSE 10-23
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Received
—Since 1974—
Izeneen Surveyors Planners
Post Office Box 10285
GREENSBORO, N.C. 27404
Telephone: (336) 854-8877
Fax: (336) 854-8876
To: Jenny Graznak
FEB 19 2024
Regional Office
Letter
Date: 2-15-24
Subject: The Townes at Bermuda Run
Phase 1
—Since 1974—
Surveyors Planners
February 15,2024
NCDEQ
450 W. Hanes Mill Road
Winston-Salem, NC 27105
Re: The Townes at Bermuda Run — Phase I
To Whom it may concern:
This is a brief narrative for the above project located along US Hwy 158 in Bermuda
Run. This property is being developed as a multi -family subdivision (with 73 Townhome
Units). The property contains 23.52 acres that will be developed for Phase 1. The
attached gravity sewer application is for the construction of 2,8071f of 8" public sanitary
sewer line. The requested flow for this application is 21,900 GPD.
Sincerely,
Lee Bryant, PE
Vice President of Operations
4609 Dundas Drive
Greensboro, NC 27407
Phone 336-854-8877
Fax 336-854-8876
License #C-0168
• r State of North Carolina
DWR Department of Environmental Quality
Division of Water Resources
FAST TRACK SEWER SYSTEM EXTENSION APPLICATION
Division of Water Resources �` -'`,tFTA 10-23 & SUPPORTING DOCUMENTATION
A0004' Application Number: pom / 6;1 (to be completed by DWR)
All items must be completed or the application will be returned
L APPLICANT INFORMATION:
I. Applicant's name: Davie Couot company, municipality, HOA, utility, etc.)
2. Applicant type: ❑ Individual ❑ Corporation ❑ General Partnership ❑ Privately -Owned Public Utility
❑ Federal ® State/County ❑ Municipal ❑ Other
3. Signature authority's name: Johnny Lambe 'per 15A NCAC 02T .0106(b)
Title: Utilities Director
4. Applicant's mailing address: 298 E. Depot S., Suite 200
City: Mocksville State: NC Zip: 27028-�
5. Applicant's contact information:
Phone number: 3( 36) 753-6090 Email Address: jlambertna daviecountvnc.gov
II. PROJECT INFORMATION:
1. Project name: The Townes at Bermuda Run Phase I
2. Application/Project status: ® Proposed (New Permit) ❑ Existing Permit/Project
If a modification, provide the existing permit number: W000_ and issued date: ,
For modifications, also attach a detailed narrative description as described in Item G of the checklist.
If new construction, but part of a master plan, provide the existing permit number: W000
3. County where project is located.
4. Approximate Coordinates (Decimal Degrees): Latitude: 36.000474° � Longitude:-80.444186
5. Parcel ID (if applicable): D700000201 (or Parcel ID to closest downstream sewer)
III. CONSULTANT INFORMATION:
1. Professional Engineer: Lee Bryant' License Number: 53418
Firm: Evans Engineering. Inc l
Mailing address: 4609 Dundas Dr.
City: Greensboro State: NC Zip: 27407-
Phone number: 3( 36) 482-6543 / Email Address: lib@evans-eng.com /
IV. WASTEWATER TREATMENT FACILITY (W WTF) INFORMATION:
1. Facility Name: Muddy Creek WWTP Permit Number: NC0050342-
Owner Name: City of Winston-Salem I
V. RECEIVING DOWNSTREAM SEWER INFORMATION:
1. PermitNumber(s): WQS00003 n
2. Downstream (Receiving) Sewer Information: 18 inch ® Gravity' ❑ Force Main /
3. System Wide Collection System Permit Number(s) (if applicable): WQCS `.
Owner Name(s): Davie County
FORM: FTA 10-23 Page I of 5
VI. GENERAL REQUIREMENTS
1. If the Applicant is a Privately -Owned Public Utility, has a Certificate of Public Convenience and Necessity been attached?
❑ Yes ❑ No N N/A "
2. If the Applicant is a Developer of lots to be sold, has a Developer's Operational Aereement (FORM: DEVI been attached?
❑ Yes ❑ No N N/A /
3. If the Applicant is a Home/Property Owners' Association, has an HOA/POA Operational Agreement (FORM: HOA) and
supplementary documentation as required by 15A NCAC 02T.0I I5(c) been attached?
i
❑ Yes ❑ No N N/A
4. Origin of wastewater: (check all that apply):
N Residential (Individually Owned) '❑ Retail (stores, centers, malls) ❑ Car Wash
❑ Residential (Leased) ❑ Retail with food preparation/servire ❑ Hotel and/or Motels
❑ School / preschool / day care ❑ Medical / dental / veterinary facilities ❑ Swimming Pool/Clubhouse
❑ Food and drink facilities ❑ Church ❑ Swimming Pool/Filter Backwash
❑ Businesses / offices / factories ❑ Nursing Home ❑ Other (Explain in Attachment)
5. Nature of wastewater: 100 % Domestic % Commercial % Industrial (See 15A NCAC 02T .0103(20))
If Industrial, is there a Pretreatment Program in effect? ❑ Yes❑ No
6. Hasa flow reduction been approved under 15A NCAC 02T .01 14(f)? ❑ Yes ❑ No
➢ If yes, provide a copy of now reduction approval letter with this application
7. Summarize wastewater generated by project
Establishment Type (see 02T.0114(f))
Daily Design Flow'°
No. of Units
Flow
Residential Townhomes (4 Bedroom)
300 gal/day
73
21,900 GPD
gal/
GPD
gal/
GPD
gal/
GPD
gal/
GPD
gall
GPD
Total
2I,900 GPD
a See 15A NCAC 02T .01 14(b). (d). (e)(1) and (e)(2) for caveats to wastewater design flow rates (i.e. proposed unknown
non-residential development uses; public access facilities located near high public use areas; and residential property
located south or east of the Atlantic Intracoastal Waterway to be used as vacation rentals as defined in G.S. 42A-4).
b Per 15A NCAC 02T.0114(c), design flow rates for establishments not identified [in table 15A NCAC 02T.01141 shall be
determined using available flow data, water using fixtures, occupancy or operation patterns, and other measured data.
8. Wastewater generated by project: 21900 GPD (per 15A NCAC 02T .0114 and G.S.143-215 1)
➢ Do not include future flows or previously permitted allocations
If permitted flow is zero, please indicate why:
❑ Pump Station/Force Main or Gravity Sewer where flow will be permitted in subsequent permits that connect to this line.
Please provide supplementary information indicating the approximate timeframe for permitting upstream sewers with flow.
❑ Flow has already been allocated in Permit Number: Issuance Date:
❑ Rehabilitation or replacement of existing sewers with no new flow expected
❑ Other (Explain):
FORM: FTA 10-23
Page 2 of 5
VII.
VIII.
GRAVITY SEWER DESIGN CRITERIA (If Applicable) - 02T.0305 & MDC (Gravity Sewers):
1. Summarize gravity sewer to be permitted:
Size (inches)
Length (feet)
Material
8" /
2,807 '
SDR 35 '
D Section 11 & Ill of the MDC for Permitting of Gravity Sewers contains information related to design criteria
➢ Section Ill contains information related to minimum slopes for gravity sewer(s)
D Oversizing lines to meet minimum slope requirements is not allowed and a violation of the MDC
PUMP STATION DESIGN CRITERIA (If Applicable) — 02T .0305 & MDC (Pumo Stations/Force Mains):
PROVIDE A SEPARATE COPY OF THIS PAGE FOR EACH PUMP STATION INCLUDED IN THIS PROJECT
1. Pump station number or name:
2. Approximate Coordinates (Decimal Degrees): Latitude:
3. Total number of pumps at the pump station:
Longitude:- °
3. Design flow of the pump station: _ millions gallons per day (firm capacity)
D This should reflect the total GPM for the pump station with the largest pump out of service.
4. Operational point(s) per pump(s): _ gallons per minute (GPM) at _ feet total dynamic head (TDH)
5. Summarize the force main to be permitted (for this Pump Station):
Size (inches) Length (feet) Material
If any portion of the force main is less than 4-inches in diameter, please identify the method of solids reduction per
MDCPSFM Section 2.01 C.l.b. ❑ Grinder Pump ❑ Mechanical Bar Screen ❑ Other (please specify) _
6. Power reliability in accordance with ISA NCAC 02T .0305(h)(1):
❑ Standby power source or ❑ Standby pump
➢ Must have automatic activation and telemetry - 15A NCAC 02T.0305(h)(1)(B);
D Required for all pump stations with an average daily flow greater than or equal to 15,000 gallons per day
➢ Must be permanent to facility and may not be portable
Or if the pump station has an average daily flow less than 15,000 gallons per day 15A NCACO2T.0305(h)(1)(C):
❑ Portable power source with manual activation, quick -connection receptacle and telemetry -
or
❑ Portable pumping unit with plugged emergency pump connection and telemetry:
D Include documentation that the portable source is owned or contracted by the applicant and is compatible with the station.
D If the portable power source or pump is dedicated to multiple pump stations, an evaluation of all the pump stations' storage
capacities and the rotation schedule of the portable power source or pump, including travel timeframes, shall be provided
as part of this permit application in the case of a multiple station power outage.
FORM: FTA 10-23 Page 3 of 5
VC SETBACKS & SEPARATIONS — (02B .0200 & ISA NCAC 02T .0305(f)):
1. Does the project comply withal] separations/alternatives found in 15A NCAC 02T .0305(t) & (a)?
15A NCAC 02T.0305(f) contains minimum senamtions that shall he nrovided for sewer systems-
❑ Yes ❑ No
Setback Parameter*
Separation Required
Storm sewers and other utilities not listed below (vertical)
18 inches
'Water mains (vertical - water over sewer preferred, including in benched trenches)
18 inches
'Water mains (horizontal)
10 feet
Reclaimed water lines (vertical - reclaimed over sewer)
18 inches
Reclaimed water lines (horizontal - reclaimed over sewer)
2 feet
**Any private or public water supply source, including any wells, WS-1 waters of Class I or
Class II impounded reservoirs used as a source of drinking water, and associated wetlands.
100 feet
**Waters classified WS (except WS-1 or WS-V), B, SA, ORW, HQW, or SB from normal
high water (or tide elevation) and wetlands associated with these waters (see item IX.2)
50 feet
**Any other stream, lake, impoundment, or ground water lowering and surface drainage
ditches, as well as wetlands associated with these waters or classified as WL.
10 feet
Any building foundation (horizontal)
5 feet
Any basement (horizontal)
10 feet
Top slope of embankment or cuts of 2 feet or more vertical height
10 feet
Drainage systems and interceptor drains
5 feet
Any swimming pools
10 feet
Final earth grade (vertical)
36 inches
➢ If noncompliance with 02T.0305(f) or W, see Section X.1 of this application
* 15A NCAC 02T.0305(e) contains alternatives where separations in 02T.0305(t) cannot be achieved. Please check "yes"
above if these alternatives are used and provide narrative information to explain.
**Stream classifications can be identified using the Division's NC Surface Water Classifications weboaee
i
2. Does this project comply with the minimum separation requirements for water mains? N Yes ❑ No ❑ N/A
➢ If no, please refer to l5A NCAC 18C.0906(t) for documentation requirements and submit a separate document,
signed/sealed by an NC licensed PE, verifying the criteria outlined in that Rule.
3. Does the project comply with separation requirements for wetlands? N Yes ❑ No ❑ N/A
➢ Please provide supplementary information identifying the areas of non-conformance.
➢ See the Division's draft separation requirements for situations where separation cannot be met.
➢ No variance is required if the alternative design criteria specified is utilized in design and construction.
4. is the project located in a river basin subject to any State buffer rules? ❑ Yes Basin name: _ N No
If yes, does the project comply with setbacks found in the river basin rules per 15A NCAC 02B .0200? ❑ Yes ❑ No
➢ This includes Trout Buffered Streams per 15A NCAC 2B.0202
n
5. Does the project require coverage/authorization under a 404 Nationwide/individual permits N Yes ❑ No
or 401 Water Quality Certifications?
➢ Please provide the permit number/permitting status in the cover letter if coverage/authorization is required.
6. Does project comply with 15A NCAC 02T.0105(c)(6) (additional permits/certifications)? N Yes ❑ No
Per 15A NCAC 02T.0105(c)(6), directly related environmental permits or certification applications must be being prepared,
have been applied for, or have been obtained. Issuance of this permit is contingent on issuance of dependent permits (erosion
and sedimentation control plans, stormwater management plans, etc.).
7. Does this project include any sewer collection lines that are deemed "high -priority?" ❑ Yes N No
Per I SA NCAC 02T.0402, "high -priority sewer" means any aerial sewer, sewer contacting surface waters,
siphon, or sewers positioned parallel to streambanks that are subject to erosion that undermines or deteriorates the sewer.
Siphons and sewers suspended through interference/conflict boxes require a variance approval.
➢ If yes, include an attachment with details for each line, including type (aerial line, size, material, and location).
High priority lines shall be inspected by the permittee or its representative at least once every six -months and
inspections documented per 15A NCAC 02T.0403(a)(5) or the permittee's individual System -Wide Collection permit.
FORM: FTA 10-23
Page 4 of 5
X. CERTIFICATIONS:
1. Does the submitted system comply with 15A NCAC 02T, the Minimum Design Criteria for the Permitting of Pump Stations
and Force Mains (latest version). and the Gravity Sewer Minimum Design Criteria (latest version) as applicable?
®yes , ❑ No
If no, for projects requiring a single variance, complete and submit the Variance/Alternative Design Request application
(VADC 10-14) and supporting documents for review to the Central Office. Approval of the reauest will be issued
concurrently with the anproval of the permit, and proiects requiring a variance approval may be subject to longer
review times. For pro iects requiring two or more variances or where the variance is determined by the Division to be a
significant portion of the proicet, the full technical review is reauired.
2. Professional Engineer's Certification:
1 Lee Bryant - , attest that this application for The Townes at Bermuda Run Phase 1
(Professional Engineer's name from Application liar Ill. 1.) (Project Name from Application Item 11.1)
has been reviewed by me and is accurate, complete and consistent with the information supplied in the plans,
specifications, engineering calculations, and all other supporting documentation to the best of my knowledge. I further
attest that to the best of my knowledge the proposed design has been prepared in accordance with the applicable regulations,
Minimum Design Criteria for Gravitv Sewers (latest version), and the Minimum Design Criteria for the Fast -Track Permitting
of Punm Stations and Force Mains (latest version). Although other professionals may have developed certain portions of this
submittal package, inclusion of these materials under my signature and seal signifies that I have reviewed this material and
have judged it to be consistent with the proposed design.
NOTE — In accordance with General Statutes 143-215.6A and 143-215.6B, any person who knowingly makes any false
statement, representation, or certification in any application package shall be guilty of a Class 2 misdemeanor, which may
include a fine not to exceed $10,000, as well as civil penalties up to $25,000 per violation. Misrepresentation of the application
information, including failure to disclose any design non-compliance with the applicable Rules and design criteria, may subject
the North Carolina -licensed Professional Engineer to referral to the licensing board. (21 NCAC 56.0701)
North Carolina Professional Engineer's seal, signature, and date:
3. Applicant's Certification per 15A NCAC 02T .0106(b):
1, Johnny Lambert attest that this application for The Townes at Bermuda Run Phase I
(Signature Authority Name from Application Item 1.3.) (Project Name from Application item 11.1)
attest that this application has been reviewed by me and is accurate and complete to the best of my knowledge.
I understand that if all required parts of this application are not completed and that if all required supporting documentation
and attachments are not included, this application package is subject to being returned as incomplete. I understand that any
discharge of wastewater from this non -discharge system to surface waters or the land will result in an immediate enforcement
action that may include civil penalties, injunctive relief, and/or criminal prosecution. I will make no claim against the Division
of Water Resources should a condition of this permit be violated. 1 also understand that if all required parts of this application
package are not completed and that if all required supporting information and attachments are not included, this application
package will be returned to me as incomplete.
NOTE — In accordance with General Statutes 143-215.6A and 143-215.6B any person who knowingly makes any false
statement, representation, or certification in any application package shall be guilty of a Class 2 misdemeanor, which may
include a fine not to exceed $10,000 as well as civil penalties up to $25,000 per violation. /
Signature: d Date: 2'� 2� y
FORM: FTA 10-23 Page 5 of 5
State of North Carolina
Divislon of Water Resources
Entity Requesting Allocation: Davie County ,
Project Name for which flow is being requested:
Department of Environmental Quality
Division of Water Resources
Flow Tracking for Sewer Extension Applications
(FTSE 10-18)
The Townes at Bermuda Run Phase 1 '
More than one FTSE may be required for a single project if the owner of the WWTP Is not responsible for all pump
stations along the route of the proposed wastewater flow.
I. Complete this section only if you are the owner of the wastewater treatment plant.
a. WWTP Facility Name: MUDDY CREEK'
b. WWTP Facility Permit #: NC0050342 -
c. WWTP facility's permitted flow
d. Estimated obligated flow not yet tributary to the WWTP
e. WWTP facility's actual avg. flow
f. Total flow for this specific request
g. Total actual and obligated flows to the facility
h. Percent of permitted flow used
Ali lows are in MGD
21.000000 '
3.1074440
13.684444 -
0.0021900 ,
16.794078 -
80.0 '
II. Complete this section for each pump station you are responsible for along the route of this proposed
wastewater flow.
List pump stations located between the project connection point
and the WWTP:
(A)
(B)
(C) (D)=(B+C) (E)=(A-D)
Design
Obligated,
Pump Pump
Average
Approx.
Not Yet Total Current
Station Station
Firm Daily Flow* *
Current
Tributary Flow Plus
(Name or Permit
Capacity, * (Firm / pt),
Avg. Daily
Daily Flow, Obligated Available
Number) No.
MGD MGD
Flow, MGD
MGD Flow Capacity***
Idols Rd
5.90000 2.360000
0.576579 /
0.36314 93 LURTr
A, � 3� / /-7p Zd /
* The Firm Capacity (design flow) of any pump station is defined as the maximum pumped flow
that can be achieved with the largest pump taken out of service.
** Design Average Daily Flow is the firm capacity of the pump station divided by a peaking factor
(pf) not less than 2.5, per Section 2.02(A)(4)(c) of the Minimum Design Criteria.
*** A Planning Assessment Addendum shall be attached for each pump station located
between the project connection point and the WWTP where the Available Capacity is <0.
Downstream Facility Name (Sewer): Muddy Creek
Downstream Permit Number: WQCS00003
Page 1 of 6
L'TCII in 19
III. Certification Statement:
I Courtney Driver, P.E. certify to the best of my knowledge that the addition of
the volume of wastewater to be permitted in this project has been evaluated along the route to the receiving
wastewater treatment facility and that the flow from this project is not anticipated to cause any capacity
related sanitary sewer overflows or overburden any downstream pump station en route to the receiving
treatment plant under normal circumstances, given the implementation of the planned improvements
identified in the planning assessment where applicable. This analysis has been performed in accordance
with local established policies and procedures using the best available data. This certification applies to
those items listed above in Sections I and II plus all attached planning assessment addendums for which I
am the responsible party. Signature of this form certifies that the receiving collection system or treatment
works has adequate capacity to transport and treat the proposed new wastewater.
Signing Official icial Signature Date
Title of Signing Official
Page 2 of 6
FTSF. 10-1 R
•v v
17 ivisinn of Water nesource.,
Entity Requesting Allocation
State of North Carolina
Department of Environmental Quality
Division of Water Resources
Flow Tracking for Sewer Extension Applications
(FTSE 10-18)
Davie County Public Utilities
Project Name for which flow is being requested:
The Towns at Bermuda Run Phase 1
More than one FTSE maybe required for a single project if the owner of the WWTP is not responsible for all pump
stations along the route of the proposed wastewater flow.
I. Complete this section only if you are the owner of the wastewater treatment plant.
a. WWTP Facility Name:
b. WWTP Facility Permit #:
c. WWTP facility's permitted flow
d. Estimated obligated flow not yet tributary to the WWTP
e. WWTP facility's actual avg. flow
f. Total flow for this specific request
g. Total actual and obligated flows to the facility
h. Percent of permitted flow used
All flows are in MGD
0.0021900
11. Complete this section for each pump station you are responsible for along the route of this proposed
wastewater flow.
List pump stations located between the project connection point and the WWTP:
Pump
Pump
Station
Station
(Name or
Permit
Number)
No.
Bermuda
(A)
(B)
(C)
(D)=(B+C)
Design
Average
Approx.
Obligated,
Daily
Current
Not Yet
Total Current
Firm Flow**
Avg. Daily
Tributary
Flow Plus
Capacity, * (Firm / pf),
Flow,
Daily Flow,
Obligated
MOD MOD
MOD
MOD
Flow
13— WQ0039884 4.2
Eastern WQ0039884 5.33
1.68
2.132'
.364 0 J, 36 q
(E)=(A-D)
Available
Capacity***
1.316 /'
.477` .1 ' a.572 1.555`
* The Firm Capacity (design flow) of any pump station is defined as the maximum pumped flow
that can be achieved with the largest pump taken out of service.
** Design Average Daily Flow is the firm capacity of the pump station divided by a peaking factor
(pf) not less than 2.5, per Section 2.02(A)(4)(c) of the Minimum Design Criteria.
*** A Planning Assessment Addendum shall be attached for each pump station located
between the project connection point and the WWTP where the Available Capacity, is < 0.
Downstream Facility Name (Sewer): Muddy Creek
Downstream Permit Number: WQCS00003
Page I of 6
L 1'QU in 14
III. Certification Statement.
certify to the best of my knowledge that the addition of
the volume of w _stewater to be permitted in this project has been evaluated along the route to the receiving
wastewater treatment facility and that the flow from this project is not anticipated to cause any capacity
related sanitary sewer overflows or overburden any downstream pump station en route to the receiving
treatment plant under normal circumstances, given the implementation of the planned improvements
identified in the planning assessment where applicable. This analysis has been peeformed in accordance.
with local established policies and procedures using the best available data. This certification applies to
those items listed above in Sections I and II plus all attached planning assessment addendums for which I
am the responsible party. Signature of this form certifies that the receiving collection system or treatment
works has adequate capacity to transport and treat the proposed new wastewater.
Ofcial
Rage. 2 of 6
i!•Pft T. 1 A IQ
DEPARTMENT OF THE ARMY
U.S. ARMY CORPS OF ENGINEERS, WILMINGTON DISTRICT
WILMINGTON REGULATORY OFFICE
89 DARLINGTON AVENUE
WILMINGTON NORTH CAROLINA 28403
February 23, 2024
Regulatory Program/Division
Henson Reality, LLC
c/o Paul Milam
23 Khaki Place
Chapel Hill, NC 27516
Via Email: paulmilam@gmail.com
Dear Mr. Milam:
This letter is in response to the Pre -Construction Notification (PCN) you submitted to
the Wilmington District, Charlotte Regulatory Field Office on December 12, 2023, for a
_ -Department of the Army Nationwide permit (NWP)_verifcation. This.project, has. been_
assigned the file number SAW-2023-00709 and is known as US Highway 158. This file
number should be referenced in all correspondence concerning this project.
A review of the information provided indicates that the proposed work would include
the 212 linear feet (0.014 acres) of permanent loss stream impacts for crossing
installation with 15 linear feet (0.006 acres) of temporary stream impacts for dewatering,
0.055 acres of permanent wetland impacts for road crossing installation, 0.0026 acres
of temporary wetland impacts for sewer installation, and 0.005 acres of permanent open
water impacts for pond fill for the construction of a residential townhome development
and associated infrastructure. The project area for this determination includes a 52
acre(s) area which is illustrated on the enclosed site plans/maps. The project/review
area is located on the S side of US HWY 158, at Latitude 35.997830 and Longitude -
80.442680; in Advance, Davie County, North Carolina.
We have determined that the proposed work is authorized by Nationwide Permit 29
(Residential Developments) pursuant to authorities under Section 404 of the Clean
Water Act (33 U.S.C. § 1344). The proposed work must be accomplished in strict
accordance with the general permit conditions, any regional conditions, the application
materials, and the enclosed plans dated 1/31/24. If the extent of the project area and/or
nature of the authorized impacts to waters are modified, a revised PCN must be
submitted to this office for written approval before work is initiated. Any violation of
permit conditions or deviation from your submitted plans may subject the permittee to
enforcement action.
This verification is valid until March 15, 2026, unless prior to this date the subject
NWP(s) is suspended, revoked, or is modified such that the activity no longer complies
with the terms and conditions of this NWP. If you commence or are under contract to
commence this activity before the date that the relevant NWP is modified or revoked,
you will have 12 months from the date of the modification or revocation of the NWP to
complete the activity under the present terms and conditions of this NWP.
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 in Wilmington, NC, at (910) 796-7215.
This NWP verification does not preclude the necessity to obtain any other Federal,
State, or local permits, licenses, and/or certifications, which may be required.
If you have any questions related to this verification or have issues accessing
documents referenced in this letter, please contact Jennifer Lawrence, Regulatory
Specialist of the Charlotte Regulatory Field Office at (980)392-9980, by mail at the
above address, or by email atjennifer.l.lawrence@usace.army.mil. Please take a
moment to complete our customer satisfaction survey located at
hftps://regulatory.ops.usace.army.mil/customer-service-survey/.
Sincerely,
Jennifer Lawrence
Regulatory Specialist
Enclosures
Cc (w/enclosures)
Bradley Luckey, Pilot Environmental Inc (via bluckey@pilotenviro.com)
Compliance Certification Form
File Number: SAW-2023-00709 County: Davie
Permittee: Henson Reality, LLC, Paul Milam
Project Name: US Highway 158
Date Verification Issued: 2/23/2024
Project Manager: Jennifer Lawrence
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: Jennifer Lawrence
Charlotte Regulatory Field Office
8430 University Executive Park Drive Suite 615
Charlotte, NC 28262
or
jennifer.l.lawrence@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, and mitigation (if applicable), authorized by the above
referenced permit has been completed in accordance with 'the terms and conditions of
the said permit including any general or specific conditions.
Date Authorized Work Started: Completed:
Describe any deviations from permit (attach drawing(s) depicting the deviations):
The description of any deviations on this form does not constitute approval by the Corps.
Signature of Permittee Date
ROY COOPER
Governor
ELIZABETH S. BISER
Senetary
RICHARD E. ROGERS. JR.
Director
NORTH CAROLINA
Environmental Quality
February 16, 2024
DWR # 20231707
Davie County
Henson Realty, LLC
Attn: Paul Milam
23 Khaki Place
Chapel Hill, NC 27516
Delivered via email to: paulgmilam@gmail.com
Subject: Approval of Individual 401 Water Quality Certification
US Highway 158/Townes at Bermuda Run
USACE Action ID. No. SAW-2023-00709
Dear Mr. Milam:
Attached hereto is a copy of Certification No. WQC006626 issued to Paul Milam and Henson Realty, LLC,
dated February 16, 2024. 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.
D E QJ_ Nosh Carolina Department ofEnvimnmmud Quality I Division of Water Resources
Winston-Salem Regional Office 1450 W. Hares Mill Rd, Suite 300 1 Winston-Salem, North Carolina 27105
CMYvP�My}fnv�ws Wl,'
336,776.9800
US Highway 158/Townes at Bermuda Run
DWR# 20231707
Individual Certification #WQC006626
Page 2 of 13
This Water Quality Certification shall expire on the same day as the expiration date of the corresponding
Section 404 Permit. The conditions shall remain in effect for the life of the project, regardless of the
expiration date of this Water Quality Certification.
Non-compliance with or violation of the conditions herein set forth may result in revocation of this
Water Quality Certification for the project and may also result in criminal and/or civil penalties.
If you are unable to comply with any of the conditions of this Water Quality Certification you must notify
the Winston-Salem 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 Winston-Salem Regional Office any noncompliance with, and/or any
violation of, stream or wetland standards [15A NCAC 028.0200] 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. 143-215.51.
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
150E 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
htto://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000.
A party filing a Petition must serve a copy of the Petition on:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
If the party filing the Petition is not the permittee, then the party must also serve the recipient of the
Certification in accordance with N.C.G.S 15013-23(a).
This letter completes the Division's review under section 401 of the Clean Water Act and 15A NCAC 02H
.0500. Please contact Rebecca Chandler at 336-776-9705 or rebecca.chandler@dea.nc.aov if you have
any questions or concerns.
Sincerely,
EE77'4W
4.
...
Jennifer F.Graznak
Assistant Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ— WSRO
North Carolina Depa to of Environmental Quality I Division of Water Reaouroes
D
W imton-Salem Regional Office 1450 W. Hanes Mill Rd, suits 3001 Winston-Salem Noah Carolina 27105
r" ems/
336.776. 9800
US Highway 158/Townes at Bermuda Run
DWR# 20231707
Individual Certification #WQCOD6626
Page 3 of 13
Electronic cc: Brad Luckey, Pilot Environmental, Inc.
Jennifer Lawrence, USACE Charlotte Regulatory Field Office
Olivia Munzer, NCWRC
DWR 401 & Buffer Permitting Branch Electronic file
North Carolina Department of EnvironmenW Quality I Division of Water Resou=s
W huton-Salem Regional Office 1450 W. Hanes Mill Rd Suite 300 1 Winston-Salem Nonh Carolina 27105
��rasnsa
336.776.9800
US Highway 158/Townes at Bermuda Run
DWR# 20231707
Individual Certification #WQ0006626
Page 4 of 13
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #WQC006626 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 Paul Milam and Henson Realty, LLC, who have authorization for the impacts
listed below, as described within your application received by the N.C. Division of Water Resources
(Division) on December 18, 2023, and by Public Notice issued by the Division on December 14, 2023, and
within the Reasonable Period of Time pursuant to 40 CFR Part 121.6.
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 Permanent
Amount Approved Temporary
Perennial Streams
S2 — Road crossing and
dewatering
84 linear feet
15 linear feet
Totals:
84 linear feet
15 linear feet
Intermittent Streams
Sl — Road crossing
170 linear feet
N/A
Totals:
1701inear feet
N/A
Riparian Wetlands
W 1— Road crossing
0.054 acres
N/A
W2 —Sewer line grading
N/A
0.0026 acres
W3 — Road crossing
0.009 acres
N/A
Totals:
0.063 acres
0.0026 acres
Open Waters
OS — fill
0.005 acres
N/A
Totals:
0.005 acres
0 acres
This approval requires you to follow the conditions listed in the certification below.
CONDITIONS OF CERTIFICATION [15A NCAC 02H .0507(c)]:
1. The Permittee shall secure an approved stormwater management plan (SMP) from NCDEMLR
before any impacts authorized in this certification occur. The applicable portion of the approved
SMP shall be constructed and operational before any permanent building or other permanent
structure is occupied at the site. If any of the SCMs are used as an Erosion and Sediment Control
device, it must be restored to the approved stormwater design condition within 30 days of
close-out of the Erosion and Sediment Control Plan.
North C-Salc Department of a 1450 Wm l HanesMill Division or Water Resources
Winston-Salem Regional Office 450 W. Hsa Mill Rd, Suite 300I Winston-Salem North Carolina 17103
W
336.776.9900
US Highway 158/Townes at Bermuda Run
DWR# 20231707
Individual Certification #WQ0006626
Page 5 of 13
2. If this Water Quality Certification is used to access residential, commercial or industrial building
sites, then all parcels owned by the permittee that are part of the single and complete project
authorized by this Certification must be buildable without additional impacts to streams or
wetlands.
Citation: 15A NCAC 02H .0502(a),,15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. In determining that the proposed activity will
comply with state water quality standards (including designated uses, numeric criteria, narrative
criteria and the state's antidegradation policy), the Division must evaluate if the activity has
avoided and minimized impacts to waters, would cause or contribute to a violation of standards
or would result in secondary or cumulative impacts.
3. For road construction purposes, this Certification shall only be utilized from natural high ground
to natural high ground.
Citation: 15A NCAC 02H .0502(a);15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. In determining that the proposed activity will
comply with state water quality standards (including designated uses, numeric criteria, narrative
criteria and the state's antidegradation policy), the Division must evaluate if the activity has
avoided and minimized impacts to waters, would cause or contribute to a violation of standards
or would result in secondary or cumulative impacts.
4. Deed notifications or similar mechanisms shall be placed on all lots/parcels with retained
jurisdictional wetlands, waters, and state regulated riparian buffers within the project
boundaries in order to assure compliance with INC 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 .0501(a);15A NCAC 01H .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.
If this Water Quality Certification is used for utility related impacts, then the following Activity
Specific Conditions shall apply to those impacts.
North Caroline Dcparhnent of Enwommn al Quality [Division of WacerResources
Wh a n-Salem Regions] Office 1450 W. Hanes Mill Rd, Suite 3001 Winston-Salem, North Caroline 27105
336 776.9800
US Highway 158/Townes at Bermuda Run
DWR# 20231707
Individual Certification #WQ0006626
Page 6 of 13
5. 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.
6. The permittee shall have a specific plan for restoring wetland contours to pre -construction
conditions. Any excess material will be removed to a high ground disposal area.
The mixing of topsoil and subsoils within the wetlands along utility corridors shall be minimized
to the greatest extent practical. During excavation, the soils shall be placed on fabric to
minimize impacts whenever possible. Topsoil excavated from utility trenches will be piled
separately from subsoils and will be backfilled into the trench only after the subsoils have been
placed and compacted.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: A project that affects waters shall not be permitted unless the existing uses, and
the water quality to protect such uses, are protected. In determining that the proposed activity
will comply with state water quality standards (including designated uses, numeric criteria,
narrative criteria and the state's antidegradation policy), the Division must evaluate if the
activity has avoided and minimized impacts to waters, would cause or contribute to a violation
of standards or would result in secondary or cumulative impacts.
7. The permittee shall report to the DWR Winston-Salem 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 01 H .0507(c)
Justification: Timely reporting of non-compliance is important in identifying and minimizing
detrimental impacts to water quality and avoiding impacts due to water pollution that precludes
any best use on a short-term or long-term basis.
8. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the footprint
of the approved impacts (including temporary impacts).
Citation: 15A NCAC 01 H .0506,• 15A NCAC 01 H .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
.D Q J. North Carolina Department of a 1450 mi. H Quality Division 00 Water R Winston-Salem
e
Weston -Salem Regional Office 460 W. Henea Mill Rd, Suite 300 Wimton-Seletry North Carolina 27703
336.776.9800
US Highway 158/Townes at Bermuda Run
DWR# 20231707
Individual Certification #WQC006626
Page 7 of 13
that activities must not cause water pollution that precludes any best use on a short-term or
long-term basis.
9. 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), ISA NCAC 02H .0507(c); 15A NCACO2B .0200,• 15A NCAC 018
.0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12)
Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render
the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or
adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated
uses; and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units
(NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs
designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbidity
shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions,
the existing turbidity level shall not be increased. As cited in Wetland Standards: (c)(1) Liquids,
fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse
impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present
in amounts that may cause adverse impacts on existing wetland uses.
10. 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
Nonh Caroline Department of Emimomental Quality I Division of Water Resoarces
aa Weston -Salem Regional Office 1450 W. Hanes Mill Rd, Suite 300 1 Winston-Salem Notth Carolina 27105
T 336.776,9900
mans
US Highway 158/Townes at Bermuda Run
DWR# 20231707
Individual Certification #WQ0006626
Page 8 of 13
released the specific area within the project to ensure wetland standards are maintained upon
completion of the project.
Citation: ISA NG4C 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 01 B .0200,• 15A NCAC 028
.0131
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12)
Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render
the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or
adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated
uses; and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units
(NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs
designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbidity
shall not exceed 15 NTU; if turbidity exceeds these levels due to natural background conditions,
the existing turbidity level shall not be increased. As cited in Wetland Standards: (c)(1) Liquids,
fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse
impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present
in amounts that may cause adverse impacts on existing wetland uses.
11. 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.
12. If the project is covered by NPDES Construction Stormwater Permit Number NCGO10000 or
NPDES Construction Stormwater Permit Number NCG250000, full compliance with permit
conditions including the erosion & sedimentation control plan, inspections and maintenance,
self -monitoring, record keeping and reporting requirements is required.
Citation: 15A NCAC 02H .0506(b); ISA NCAC 02H .0507(c); 15A NCAC 01 B .0100,,15A NCAC 02B
.0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12)
Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render
the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or
adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated
uses; and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units
(NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs
North Caroline Depuanent or Hnvironn a ud Quality I Division of Water Reeooroea
W iruton-Salem Regiorul Office 1450 W. Hume Mill Rd, Suite 300 1 WiWon-Salem, North Caroline 27105
a,u, 336.776 9800
US Highway 158/Townes at Bermuda Run
D W R# 20231707
Individual Certification #WQ0006626
Page 9 of 13
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. 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 01 H .0507(c); 15A NCAC 028.0100
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.
14. Culverts shall be designed and installed in such a manner that the original stream profiles are
not altered and allow for aquatic life movement during low flows. The dimension, pattern, and
profile of the stream above and below a pipe or culvert shall not be modified by widening the
stream channel or by reducing the depth of the stream in connection with the construction
activity. The width, height, and gradient of a proposed culvert shall be such as to pass the
average historical low flow and spring flow without adversely altering flow velocity. If the width
of the culvert is wider than the stream channel, the culvert shall include multiple boxes/pipes,
baffles, benches and/or sills to maintain the natural width of the stream channel. If multiple
culverts/pipes/barrels are used, low flows shall be accommodated in one culvert/pipe and
additional culverts/pipes shall be installed such that they receive only flows above bankfull.
Placement of culverts and other structures in streams shall be below the elevation of the
streambed by one foot for all culverts with a diameter greater than 48 inches, and 20% of the
culvert diameter for culverts having a diameter less than or equal to 48 inches, to allow low flow
passage of water and aquatic life. If the culvert outlet is submerged within a pool or scour hole
and designed to provide for aquatic passage, then culvert burial into the streambed is not
required.
For structures less than 72" in diameter/width, and topographic constraints indicate culvert
slopes of greater than 2.5% culvert burial is not required, provided that all alternative options
for flattening the slope have been investigated and aquatic life movement/connectivity has
�y North Caroline Department of Envitomnenul Quefity I Division of Weter Rewurces
J Winton -Salem Region[ Office 1450 W. Hans Mill Rd, Suite 3001 Winton -Salem North Caro1=27105
5"- D 33&776.9900
US Highway 158frownes at Bermuda Run
DWR# 20231707
Individual Certification #WQC006626
Page 10 of 13
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.
15. 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 01 H .0506(b); 15A NCAC 01 H .0507(c); 15A NCAC 018.0100; 15A NCAC 028.0131
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: (11)
Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render
the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or
adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated
uses. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not
be present in amounts that may cause adverse impacts on existing wetland uses; and (3)
Materials producing color or odor shall not be present in amounts that may cause adverse
impacts on existing wetland uses.
D_E Q�y North Caroline Deparmient of Envimnmennl Quality I Division of Weser Reeources
Wiwon-Salem Regional Office 1450 W. Hares Mill Rd, Suite 300 I Weston -Salem, North Conlin& 27105
, ��� 336,776.9900
US Highway 158/Townes at Bermuda Run
DWR# 20231707
Individual Certification #WQC006626
Page 11 of 13
16. 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); ISA NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCAC 01 B .0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12)
Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render
the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or
adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated
uses. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not
be present in amounts that may cause adverse impacts on existing wetland uses; and (3)
Materials producing color or odor shall not be present in amounts that may cause adverse
impacts on existing wetland uses.
17. 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.
18. 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 01H.0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule, and that activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. The Division must evaluate if the
activity has avoided and minimized impacts to waters, would cause or contribute to a violation
of standards, or would result in secondary or cumulative impacts.
19. 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
D_E Q North Carolina Depu nt of Emisonmenud Quality I Division of W stet Resources
vs
Regional Office 1450 W. Hanes Mill Rd, Suite 300 1 Winston-Salem North C.1ine 27105
r" y �� 336.776.9900
US Highway 158/Townes at Bermuda Run
D W R# 20231707
Individual Certification #WQ0006626
Page 12 of 13
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 NC4C 028.0201
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.
20. 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 .0100; ISA NCAC 028
.0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12)
Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render
the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or
adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated
uses. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not
be present in amounts that may cause adverse impacts on existing wetland uses; and (3)
Materials producing color or odor shall not be present in amounts that may cause adverse
impacts on existing wetland uses.
21. 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 01 H .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.
22. 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: 15ANC4C01H.0507(c), N.C.G.S143-215.85(b)
� E\ North Carolina Regional t of Envirom W.
Hat Quality d, Suite
of 1 Win Rwwacee
ire Winston-Salem Regional Office I30 W. Henea Mill Rd, Suite 300 Winston-Salem Nonh Caroline 27105
—i.+a. V 336.776.9800
US Highway 158/Townes at Bermuda Run
DWR# 20231707
Individual Certification #WQC006626
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 token 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.
23. 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: ISANCACO2H.0506(b); 15ANC4C01H.0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule, and that activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. The Division must evaluate if the
activity has avoided and minimized impacts to waters, would cause or contribute to a violation
of standards, or would result in secondary or cumulative impacts.
24. The permittee shall require its contractors and/or agents to comply with the terms and
conditions of this certification in the construction and maintenance of this project, and shall
provide each of its contractors and/or agents associated with the construction or maintenance
of this project with a copy of this Water Quality Certification. A copy of this Water Quality
Certification shall be available at the project site during the construction and maintenance of
this project.
Citation: 15A NCAC 01 H .0506(b), 15A NCAC 01 H .0507(c)
Justification: Those actually performing the work should be aware of the requirements of this
401 Water Quality Certification to minimize water quality impacts.
This approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in
your application shall expire upon expiration of the 404 Permit. The conditions in effect on the date of
issuance shall remain in effect for the life of the project, regardless of the expiration date of this
Certification. [15A NCAC 02H .0507(c)]
This, the 161h day of February 2024
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Jennifer F. Graznak
Assistant Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ— WSRO
North Carolina Depmhnent of Environmental Quality I Division of Water Resources
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Winston-Salem Regional Office 1450 W. Hanes Mill Rd, Suite 3001 Winston.Salem, North Caroline 27105
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336.776,9800