Loading...
HomeMy WebLinkAboutWQ0045081_Application (FTSE)_20240313 DocuSign Envelope ID:22094E36.4E2FAACO-977D-9296EOD901C1 ate of North NC Dept of Envirer;;3t l.1,,?11 Qa.11:ty Department of Environmental Carolina Quality , � DWR Division of Water Resources JAN 17 FAST TRACK SEWER SYSTEM EXTENSION APPLICATION Division of Water Resources 20Z FTA 10-23&SUPPORTING DOCUMENTATION a elgh Regional©ff�cc Application Number: (to be completed by DWR) !p All items must be completed or the application will be returned 1. APPLICANT INFORMATION: 1. Applicant's name: City of Sanford(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: Paul M. Weeks Jr.,P.E. per 15A NCAC 02T.0106(bl Title: Utilities and Enaineerina Director 4. Applicant's mailing address:225 E. Weatherspoon St. P.O. Box 3729 City:Sanford State:NC Zip: 27331-3729 5. Applicant's contact information: Phone number:(919)777-1122 Email Address:paul.weeks asanfordnc.net II. PROJECT INFORMATION: 1. Project name: Brookshire Subdivision Ph 1 2. Application/Project status: ® Proposed(New Permit) ❑ Existing Permit/Project If a modification,provide the existing permit number:WQ00 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:Lee 4. Approximate Coordinates(Decimal Degrees): Latitude: 35.524747 Longitude:-79.238194 5. Parcel ID(if applicable): 9624-96-0209-00(or Parcel ID to closest downstream sewer) 111. CONSULTANT INFORMATION: I. Professional Engineer:Bart J.McClain License Number: 21117 Firm: William G.Daniel&Associates,PA Mailing address: 1150 SE Maynard Road, Suite 260 City:Cary State:NC Zip:27511- Phone number: 9L)467-9708 Email Address:bmcclainnwmgda.com IV. WASTEWATER TREATMENT FACILITY(WWTF)INFORMATION: 1. Facility Name:Big Buffalo Wastewater Treatment Plant Permit Number:NCO024147 Owner Name:City of Sanford V. RECEIVING DOWNSTREAM SEWER INFORMATION: 1. Permit Number(s): WQ 2. Downstream(Receiving)Sewer Information: 12 inch ® Gravity ❑ Force Main 3. System Wide Collection System Permit Number(s)(if applicable):WQCS0047 Owner Name(s):City of Sanford FORM: FTA 10-23 Pagel of 5 DocuSign Envelope ID 22094E364E2F-4ACO-9770 9296EOD901C1 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 ®Ni A 2. if the Applicant is a Developer of lots to be sold,has a Developer's Operational Agreement(FORM: DEV)been attached? ❑Yes [:]No ®Ni 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.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: 100°10 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 NCA(_02T.0l 14(f)? ❑Yes ®No ➢ If yes,provide a copy of flow reduction approval letter with this application 7. Summarize wastewater generated by project: Establishment Type(see 02T.0114(f)) Daily Design Flow'6 No.of Units Flow Residential Single Family(3-bedroom) 360 gal/day 113 40,680 GPD gal/ GPD gal/ GPD gal/ GPD gal/ GPD gall GPD Total 40,680 GPD a See 15A NCAC 02T .01 14(b),(d). (e)(I)and(c)(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.0I 14(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:40,680 GPD(per 15A NCAC 02T.01 14 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 DocuSign Envelope ID 22094E36-4E2F4ACO-977D-9296FOD901C1 VI1. GRAVITY SEWER DESIGN CRITERIA(If Applicable)-02T.0305& MDC(Gravity Sewers): 1. Summarize gravity sewer to be permitted: Size(inches) Length(feet) Material 8 1738 DIP 8 10,934 SDR-26 PVC ➢ Section II&III of the MDC for Permitting of Gravity Sewers contains information related to design criteria ➢ Section III contains information related to minimum slopes for gravity sewer(s) ➢ Oversizing lines to meet minimum slope requirements is not allowed and a violation of the MDC VIII. PUMP STATION DESIGN CRITERIA(If Applicable)-02T.0305& MDC(Pump 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: = Longitude:- 3. Total number of pumps at the pump station: 3. Design flow of the pump station: millions gallons per day(firm capacity) ➢ 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 2.01C.I.b.❑Grinder Pump ❑ Mechanical liar Screen ❑Other(please specify) 6. Power reliability in accordance with 15A NCAC 02 F .0305thX I): ❑ Standby power source or ❑ Standby pump ➢ Must have automatic activation and telemetry- 15A NCAC 02T.0305(h)(1)(13)_ ➢ 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: ➢ Include documentation that the portable source is owned or contracted by the applicant and is compatible with the station. ➢ 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 DocuSign Envelope ID:22094E36-4E2F-4ACO-977D-9296EOD901C1 IX. SETBACKS&SEPARATIONS—(02B.0200& 15A NCAC 02T.0305(f)): I. Does the project comply with all separations/alternatives found in 15A NCAC 02T.0305(f)&UP ®Yes ❑No 15A NCAC 02T.0305 contains minimum separations that shall be provided for sewers stems: 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 I or Class II impounded reservoirs used as a source of drinking water,and associated wetlands. 100 feet **Waters classified WS(except WS-I 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(g),see Section X.l of this application *15A Ijt�.AL 02T.0305(�contains alternatives where separations in 02T.0305( 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 webpage 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/sealed by an NC licensed PE,verifying the criteria outlined in that Rule. 3. Does the project comply with separation requirements for wetlands? ®Yes [:]No ❑NIA ➢ Please provide supplementary information identifying the areas of non-conformance. ➢ Seethe 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:Cape Fear ❑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 5. Does the project require coverage;authorization under a 404 Nationwide./individual permits ® 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 0270105(c)(6)(additional permits/certifications)? ®Yes [-]No Per 15A NCAC 021.0105(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 ®No Per 15A NCAC 02T.04021"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 DocuSign Envelope ID:22094E36-4E2F-4AC0-9770-9296EOD901C1 X. CERTIFICATIONS: 1. Does the submitted system comply with 15A NCAC 02T,the Minimum De§ign__Criteria for the Petmittin 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 request will be issued concurrently with the approval of the permit, and proiects requiring a variance approval may be subject to longer review times.For projects requirine two or more variances or where the variance is determined by the Division to be a significant portion of the project,the full technical review is required. 2. Professional Engineer's Certification: I, Bart J. McClain ,attest that this application for Brookshire Subdivision Ph 1 (Professional Engineer's name from Application Item III I ) (Project Name from Application Item I 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 C'rileria for Gravity SewersLlatest version),and the Minimum Design Criteria for the Fast-Track Permitting of Pump 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 143-215.613, 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 NCAp60.08%) ............... !!t ��ry..................., North Carolina Professional Engineer's seal,signature,and date: QQ`Q'FtcSSlp Q 7 SEAL s 21`€ 7 C %ART J. lti#c��' ' ...........-... ........ 3. Applicant's Certification per 15A NCAC 02T.0106(b): I, Paul M. Weeks Jr., P.E. ,attest that this application for Brookshire Subdivision Ph 1 (Signature Authority Name from Application Item 13) (Project Name from Application Item I1 1) attest that this application has been reviewed by me and is accurate and complete to the best of my knowledge. ( 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. noeuSigned by: k. l tas Y, 1/16/2024 Signature: 9Bc3gE6W7844e9 Date: FORM: FTA 10-23 Page 5 of 5 DocuSign Envelope ID:A5849E91-F33F4757-B352-CBiD91AEB09F PvCDk.1),Orr,r•,viron(nen? State of North Carolina al Qua,Wepartment of Environmental Quality Division of Water Resources Rgloi Flow Tracking for Sewer Extension Applications Division of Water Resources h Reglon.IQ `�te (FTSE 10-23) Application Number: FT-368 Entity Requesting Allocation: Utty of 5antord Project Name for which flow is being requested: Brookshire Ph. 1 More titan 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: Big Buffalo Wastewater Treatment Plant b. WWTP Facility Permit#: NCO024147 A11 flows are in MGD c. WWTP facility permitted flow: 12.0000 d. Estimated obligated flow not yet tributary to the WWTP: 1.7196 e. WWTP facility's actual average flow: 3.4800 f. Total flow for this specific request: 0.04068 g. Total actual and obligated flows to the facility: 5,2915 h. Percent of permitted flow used: 44% II. Complete this section for each pump station you are responsible for along the route of this proposed List pump stations located between the project connection point and the WWTP. (A) (B) (C) (D)-(B+C) (EHA-D) Pump Pump Firm Design Approx. Obligated Total Current Available Station Station Capacity' Average Current Not Yet Flow Plus Capacity' (Name or Permit Daily Flow' Avg Daily Tributary Obligated Number) Number (Fry of). Flow, Daily Flow, Flow MGD MGD AIGD AIGD DIGD AIGD ON #N:A WA #NA #N:A #NA tN,A #NA #NA #NA #NA NNA "NA uN:A #N A #N,A #N A #N A #N A sN A 9N A #NA #N,A #N:A #NA #NA 2 A -N.A I.The Firm Capacity(design flow)of any pump station is defined as the maximum pumped now that can be achieved with the largest pump taken out of service. 2.Design Average Flow is the firm capacity of the pump station divided by the peaking factor(pf)not less than 2.5,per Section 2.02(A)(4)(c)of the Minimum Design Criteria. 3.A Planning Assessment Addendum shall be attached for each pump station located between the project connection point and the 1VWTP where the Available Capacity is S 0. Downstream Facility Name(Sewer): City of Sanford Collection System Downstream Permit Number: WQCS00047 111. Certification Statement I, Paul Weeks,Jr. PE,certify to the best of my knowledge that the addition of the volume of Page 1 of 6 FTSE 10-23 DocuSign Envelope ID:A5849E91-F33F-4757-6352-CB1D91AEB09F 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. EDocuSigned by: ats k. MAS Y. P.f'. BBC39E666784489 01 A&24 Signing Official Signature Date Utilities & Engineering Director Title of Signing Official Page 2 of 6 FTSE 10-23 JIM <tr.• . ,�� dr 11.4 fIL IL ir OL 10A ell �>>' L01�o� o00pp� . l L Jw MI ilk 7 -All ` . • • �rN'jC l� F 0L% i kk AA Brookshire • • • 1 1 1 Lee County, dw Fji&cerin8 • Pb—im . sae Deign January 17, 2 4Dept of Er.viro-.menial Qaality To Whom It May Concern: JAN 17 2024 Raleigh Region-!Or,ice RE: Proposed gravity sewer extension (to serve Brookshire Subdivision Ph. 1, Boone Trail Road Sanford, NC) Accompanying this letter are materials supporting an application for approval of 12,672 If of gravity sewer connecting to the Purgatory Creek 12" Sewer Outfall to serve Brookshire Phase 1 consisting of 113 single famil} residential lots. Terminal manholes have been provided for connecting fixture Phases of Brookshire Subdivision and off site areas that will eventually connect. Attached, please find the following, 1. A check for the application fee in the amount of$600. 2. Completed and executed Fast Track Form (FTA 10-23). 3. Site map on quad sheet base depicting the location of the proposed development. 4. An aerial photo depicting the proposed Phase 1 development and the overall proposed site plan superimposed for reference. The proposed Phase 1 development consists of 113 single family (3-bedroom units) generating 360 gallons`day flow totaling 40,680 GPD. Sincerely, WILLIAM G. DANIEL AND ASSOCIATES CA i! SEAL 21117 ; Bart J. McC K in, P.E. Project Engineer ',,Fp (�.• •o .�Gt.EC`i .���� Attachments: As stated nt DocuSign Envelope ID: B7707988-CBED-42A8-B588-80559BC4lF79 `M STATE ROY COOPER o Governor ELIZABETH S.BISER Secretary RICHARD E.ROGERS,JR. NORTH CAROLINA Director Environmental Quality August 4,2023 DWR#20230663 Lee County Pinnacle Partners,LLC Attn: Terry Slate 4201 Fayetteville Road Raleigh,NC 27603 (via email: terrykdukelazzara.com) Subject: Approval of Individual 401 Water Quality Certification Brookshire Development(Phase 1) USACE Action ID.No. SAW-2023-00975 Dear Terry Slate: Attached hereto is a copy of Certification No. WQC006163 issued to Terry Slate and Pinnacle Partners, LLC,dated August 4, 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. D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources !lv Raleigh Regional Office I 3800 Barrett Drive I Raleigh,North Carolina 27609 919.791.4200 aw.awna �m au.nq DocuSign Envelope ID: B7707988-CBED-42A8-B588-80559BC41 F79 Brookshire Development(Phase 1) DWR#20230663 Individual Certification#WQC006163 Page 2 of 15 Non-compliance with or violation of the conditions herein set forth may result in revocation of this Water Quality Certification for the project and may also result in criminal and/or civil penalties. If you are unable to comply with any of the conditions of this Water Quality Certification you must notify the Raleigh Regional Office within 24 hours(or the next business day if a weekend or holiday) from the time the permittee becomes aware of the circumstances. The permittee shall report to the Raleigh Regional Office any noncompliance with, and/or any violation of, stream or wetland standards [15A NCAC 02B .02001 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 150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code. Additional information regarding requirements for filing a Petition and Petition forms may be accessed at http://www.ncoah.com/or by calling the OAH Clerk's Office at(919)431-3000. One (1) copy of the Petition must also be served to the North Carolina Department of Environmental Quality: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh,NC 27699-1601 If the party filing the Petition is not the permittee,then the party must also serve the recipient of the 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 Zach Thomas at 919-791-4255 or zachary.thomaskdeq.nc.gov if you have any questions or concerns. Sincerely, DocuSigned by: Vaintssa f. B2916E6A632144F... Scott Vinson, Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources,NCDEQ cc: John Davis, Soil Horizons,LLC (via email: soilhorizons@gmail.com) Lyle Phillips,USACE Raleigh Regulatory Field Office(via email) NC Wildlife Resources Commission(via email) DWR 401 &Buffer Permitting Branch Electronic file D—� North Carolina Department of Environmental Quality I Division of Water Resources Raleigh Regional Office 1 3800 Barrett Drive I Raleigh,North Carolina 27609 NORTH CAROLINn 919.791.4200 ao.u.maeMo� m ooy DocuSign Envelope ID: B7707988-CBED-42A8-B588-80559BC41 F79 Brookshire Development(Phase 1) DWR#20230663 Individual Certification#WQC006163 Page 3 of 15 NORTH CAROLINA 401 WATER QUALITY CERTIFICATION CERTIFICATION#WQC006163 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 Terry Slate and Pinnacle Partners,LLC, who have authorization for the impacts listed below, as described within your application received by the N.C. Division of Water Resources (Division) on May 5, 2023, payment received May 10, 2023, and public notice issued by the Division on May 8, 2023. 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 Amount Mitigation Approved Approved Amount Permanent Temporary Required Riparian Wetlands W 1: Lot Fill/Culvert 0.098 acres 0 acres 0 acres Perennial Streams S 1: Road Crossing - Culvert 72 linear feet 0 linear feet 0 credits S2: Road Crossing-Riprap 34 linear feet 0 linear feet 0 credits S6: Greenway Crossing - Culvert 19 linear feet 0 linear feet 0 credits S7: Greenway Crossing - Riprap 21 linear feet 0 linear feet 0 credits Intermittent Streams S3: Sewer Line Crossing 0 linear feet 21 linear feet 0 credits S4: Road Crossing - Culvert 78 linear feet 0 linear feet 0 credits S5: Road Crossing - Riprap 28 linear feet 0 linear feet 0 credits This approval requires you to follow the conditions listed in the certification below: CONDITIONS OF CERTIFICATION [15A NCAC 02H .0507(c)]: 1) Any additional impacts to streams and/or wetlands as a result of future roads, buildings, driveways,utility lines or other development related activities within the development, or future phases of the development, may be considered cumulative to impacts approved in this Certification and may require a modification of this 401 Water Quality Certification approval. Citation: 15A NCAC 02H.0506; 15A NCAC 02H.0507(c) D— North Carolina Department of Environmental Quality I Division of Water Resources E Q Raleigh Regional Office 1 3800 Barrett Drive I Raleigh,North Carolina 27609 o a„i„ ,0 E, ,a„ m o /� 919.791.4200 DocuSign Envelope ID: B7707988-CBED-42A8-B588-80559BC41 F79 Brookshire Development(Phase 1) DWR#20230663 Individual Certification#WQCOO6163 Page 4 of 15 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) 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. 3) Stormwater Management Plan and Buffer Authorization: The Permittee shall secure an approved stormwater management plan (SMP) and buffer authorization (if applicable) from the appropriate locally delegated government programs before any impacts authorized in this certification occur. Citation: 15A NCAC 02H.0506; 15A NCAC 02H.0507(c) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and maintenance of biological integrity; wildlife;secondary contact recreation; agriculture); and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. 4) 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. D—� North Carolina Department of Environmental Quality I Division of Water Resources Raleigh Regional Office 1 3800 Barrett Drive I Raleigh,North Carolina 27609 raarH cnaouran 919.791.4200 DocuSign Envelope ID: B7707988-CBED-42A8-B588-80559BC41 F79 Brookshire Development(Phase 1) DWR#20230663 Individual Certification#WQCOO6163 Page 5 of 15 5) 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.O5O6(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. 6) 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 O2H .0500),NC Isolated Wetland Rules (15A NCAC O2H .1300), and/or State Regulated Riparian Buffer Rules (15A NCAC O2B .0200). These mechanisms shall be put in place at the time of recording of the property or individual parcels, whichever is appropriate. Citation: 15,4 NCAC 02H.O5O2(a);15A NCAC 02H.0506(b); 15,4 NCAC 02H.O5O7(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) 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.O5O6(b); 15A NCAC 02H.0507(c); 15A NCACO2B .0200; S.L. 2017-145 Justification:A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. In determining that the proposed activity will comply with state water quality standards (including designated uses, numeric criteria, narrative criteria and the state's antidegradation policy), the Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards or would result in secondary or cumulative impacts. 8) 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 O2T, applicable Minimum Design Criteria(MDC), and/or Alternative Design D— North Carolina Department of Environmental Quality I Division of Water Resources ERaleigh Regional Office 1 3800 Barrett Drive I Raleigh,North Carolina 27609 raarH cnaouran 919.791.4200 DocuSign Envelope ID: B7707988-CBED-42A8-B588-80559BC41 F79 Brookshire Development(Phase 1) DWR#20230663 Individual Certification#WQC006163 Page 6of15 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 and minimized impacts to waters, would cause or contribute to a violation of standards or would result in secondary or cumulative impacts. D—E North Carolina Department of Environmental Quality I Division of Water Resources Raleigh Regional Office 1 3800 Barrett Drive I Raleigh,North Carolina 27609 NORTH CAROLINn 919.791.4200 o.P.u..ma�o�na oo, DocuSign Envelope ID: B7707988-CBED-42A8-B588-80559BC41 F79 Brookshire Development(Phase 1) DWR#20230663 Individual Certification#WQC006163 Page 7 of 15 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) cc�D—E North Carolina Department of Environmental Quality I Division of Water Resources .,— Q�) Raleigh Regional Office 1 3800 Barrett Drive I Raleigh,North Carolina 27609 NORTH CPAOLINn1 919.791.4200 O�pRO�n�olEmYonmemai Ouaury DocuSign Envelope ID: B7707988-CBED-42A8-B588-80559BC41 F79 Brookshire Development(Phase 1) DWR#20230663 Individual Certification#WQC006163 Page 8 of 15 Justification:A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. In determining that the proposed activity will comply with state water quality standards (including designated uses, numeric criteria, narrative criteria and the state's antidegradation policy), the Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards or would result in secondary or cumulative impacts. 9) 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. 10)No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the footprint of the approved impacts (including temporary impacts). Citation: 15A NCAC 02H.0506; 15A NCAC 02H.0507(c) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and maintenance of biological integrity; wildlife; secondary contact recreation; agriculture); and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. 11)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. 12)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 ,���D—E North Carolina Department of Environmental Quality I Division of Water Resources — Q�) Raleigh Regional Office 1 3800 Barrett Drive I Raleigh,North Carolina 27609 NORTH CPAOLINn1 919.791.4200 OgROn�clEmYonmemai Ouaury DocuSign Envelope ID: B7707988-CBED-42A8-B588-80559BC41 F79 Brookshire Development(Phase 1) DWR#20230663 Individual Certification#WQC006163 Page 9of15 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 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. 13)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 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, D—� 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 ooy DocuSign Envelope ID: B7707988-CBED-42A8-B588-80559BC41 F79 Brookshire Development(Phase 1) DWR#20230663 Individual Certification#WQC006163 Page 10 of 15 fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses; and(3)Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 14)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. 15)If the project is covered by NPDES Construction Stormwater Permit Number NCGO10000 or NPDES Construction Stormwater Permit Number NCG250000, full compliance with permit conditions including the erosion& sedimentation control plan, inspections and maintenance, self-monitoring, record keeping and reporting requirements is required. Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c); 15A NCAC 02B.0200; 15A NCAC 02B.0231 Justification:A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated uses; 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. 16)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 D—E North Carolina Department of Environmental Quality I Division of Water Resources Q�) Raleigh Regional Office 1 3800 Barrett Drive I Raleigh,North Carolina 27609 NORTH CPAOLINn1 919.791.4200 OpROn�olEmYonmemai Ouaury DocuSign Envelope ID: B7707988-CBED-42A8-B588-80559BC41 F79 Brookshire Development(Phase 1) DWR#20230663 Individual Certification#WQC006163 Page 11 of 15 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. 17)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. 18)Culverts shall be designed and installed in such a manner that the original stream profiles are not altered and allow for aquatic life movement during low flows. The dimension,pattern, and profile of the stream above and below a pipe or culvert shall not be modified by widening the stream channel or by reducing the depth of the stream in connection with the construction activity. The width, height, and gradient of a proposed culvert shall be such as to pass the average historical low flow and spring flow without adversely altering flow velocity. If the width of the culvert is wider than the stream channel, the culvert shall include multiple boxes/pipes, baffles, benches and/or sills to maintain the natural width of the stream channel. If multiple culverts/pipes/barrels are used, low flows shall be accommodated in one culvert/pipe and additional culverts/pipes shall be installed such that they receive only flows above bankfull. Placement of culverts and other structures in streams shall be below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20% of the culvert diameter for culverts having a diameter less than or equal to 48 inches, to allow low flow passage of water and aquatic life. If the culvert outlet is submerged within a pool or scour hole and designed to provide for aquatic passage, then culvert burial into the streambed is not required. For structures less than 72" in diameter/width, and topographic constraints indicate culvert slopes of greater than 2.5% culvert burial is not required,provided that all alternative options for flattening the slope have been investigated and aquatic life movement/connectivity has been provided when possible (e.g. rock ladders, cross-vanes, sills, baffles etc.). Notification, including supporting documentation to include a location map of the culvert, culvert profile drawings, and slope calculations, shall be provided to DWR 30 calendar days prior to the installation of the culvert. When bedrock is present in culvert locations, culvert burial is not required, provided that there is sufficient documentation of the presence of bedrock. Notification, including supporting cL�D— North Carolina Department of Environmental Quality I Division of Water Resources � E Q�) Raleigh Regional Office 1 3800 Barrett Drive I Raleigh,North Carolina 27609 N o.op°.b d W r­­�����m 919.791.4200 �„ o��o�y DocuSign Envelope ID: B7707988-CBED-42A8-B588-80559BC41 F79 Brookshire Development(Phase 1) DWR#20230663 Individual Certification#WQC006163 Page 12 of 15 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. 19)Application of fertilizer to establish planted/seeded vegetation within disturbed riparian areas and/or wetlands shall be conducted at agronomic rates and shall comply with all other Federal, State and Local regulations. Fertilizer application shall be accomplished in a manner that minimizes the risk of contact between the fertilizer and surface waters. Citation: 15A 02H.0506(b); 15A NCAC 02H.0507(c); 15A NCAC 02B .0200; 15A NCAC 02B .0231 Justification:A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated uses. As cited in Wetland Standards: (c)(1)Liquids,fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses; and(3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 20)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 D— North Carolina Department of Environmental Quality I Division of Water Resources ERaleigh Regional Office 1 3800 Barrett Drive I Raleigh,North Carolina 27609 919.791.4200 ooy DocuSign Envelope ID: B7707988-CBED-42A8-B588-80559BC41 F79 Brookshire Development(Phase 1) DWR#20230663 Individual Certification#WQCOO6163 Page 13 of 15 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)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.O5O7(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. 22)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.O5O6(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. 23)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.O5O6(b); 15A NCAC 02H.O5O7(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. D—� 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 oo� DocuSign Envelope ID: B7707988-CBED-42A8-B588-80559BC41 F79 Brookshire Development(Phase 1) DWR#20230663 Individual Certification#WQC006163 Page 14 of 15 24)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. 25)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 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. 26)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. 27)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) D— North Carolina Department of Environmental Quality I Division of Water Resources ERaleigh Regional Office 1 3800 Barrett Drive I Raleigh,North Carolina 27609 raarH cnaouran 919.791.4200 DocuSign Envelope ID: B7707988-CBED-42A8-B588-80559BC41 F79 Brookshire Development(Phase 1) DWR#20230663 Individual Certification#WQC006163 Page 15 of 15 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. 28)The permittee and their authorized agents shall conduct all activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal Law. Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. The Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards, or would result in secondary or cumulative impacts. 29)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. [I 5A NCAC 02H .0507(c)] This, the 4th day of August 2023, DocuSigned by: Uav -SSA, f. 62916EMB32144F... Scott Vinson, Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources,NCDEQ ZT -WQC006163 cc�D—E North Carolina Department of Environmental Quality I Division of Water Resources .,— Q�) Raleigh Regional Office 1 3800 Barrett Drive I Raleigh,North Carolina 27609 NORTH CPAOLINn1 919.791.4200 OpROn�olEmYonmemai Ouaury From: Simpson,Richard To: Bart McClain Cc: William Daniel; Brian Nichols Subject: RE: [External]RE: Brookshire Subdivision Phl Sewer System Extension Additional Information Request Date: Monday,March 4,2024 11:46:00 AM Attachments: imaae001.ona Bart, Working up a draft for internal review. Timeline is about 2 weeks. Thanks, Richard From: Bart McClain <bmcclain@wmgda.com> Sent: Monday, March 4, 2024 8:19 AM To: Simpson, Richard <richard.simpson@deq.nc.gov> Cc: William Daniel <bdaniel@wmgda.com>; Brian Nichols<bnichols@wmgda.com> Subject: RE: [External] RE: Brookshire Subdivision Ph1 Sewer System Extension Additional Information Request CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious emails with the Report Message button located on your Outlook menu bar on the Home tab. Richard, Can you tell me where we stand in the review/approval of the Sewer Extension permit for Brookshire? We received the water extension about 3 weeks ago, and the City of Sanford needs the Sewer Permit to sign the construction plans and release the developer. Any news I can pass along would be greatly appreciated. Thanks and have a nice day. Bart J.McClain,PE William G.Daniel&Associates,PA 1150 SE Maynard Road, Suite 260 Cary,NC 27511 919-630-4466 Cell From: Simpson, Richard <richard.simpson(@deq.nc.gov> Sent:Tuesday, February 27, 2024 10:30 AM To: Bart McClain <bmcclain(@wmgda.com> Cc: William Daniel <bdaniel(@wmgda.com>; Brian Nichols<bnichols(@wmgda.com> Subject: RE: [External] RE: Brookshire Subdivision Ph1 Sewer System Extension Additional Information Request Bart, All looks well to me. Just confirm there will be two connections to the existing sewer for the proposed project. Kind regards, Richard From: Bart McClain <bmcclainPwmgda.com> Sent:Tuesday, February 27, 2024 10:23 AM To: Simpson, Richard <richard.simpson(@deq.nc.gov> Cc: William Daniel <bdaniel(@wmgda.com>; Brian Nichols<bnichols(@wmgda.com> Subject: [External] RE: Brookshire Subdivision Ph1 Sewer System Extension Additional Information Request CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious emails with the Report Message button located on your Outlook menu bar on the Home tab. Richard, I really appreciate you taking the time earlier to speak with me and help clarify some comments. I have responded to your comments below in red and attached the 404/401 Approval letter and updated USGS and Aerial exhibits. Please let me know if exhibits have the information you require. Thanks. Bart J.McClain,PE William G.Daniel&Associates,PA 1150 SE Maynard Road, Suite 260 Cary,NC 27511 919-630-4466 Cell From: Simpson, Richard <richard.simpson(@deq.nc.gov> Sent: Monday, February 26, 2024 3:13 PM To: Bart McClain <bmcclain(@wmgda.com> Cc: Simpson, Richard <richard.simpson(@deq.nc.gov> Subject: Brookshire Subdivision Ph1 Sewer System Extension Additional Information Request Importance: High Hello Bart, After reviewing the Fast Track Sewer System Extension Application for Brookshire Subdivision Ph 1 (Application Number WQ0045081), additional information is required in order to further process the application. Please provide the following information by March 27, 2024, and note that the requested information must be submitted within 30 days of this request, or the applicant will be required to submit a new application and application fee in accordance with 15A NCAC 02T.0107. 1 - Is this an ARPA funded project?If so, please include the DWI assigned ARPA project number in your response. No. 2—We are not allowed to use flash drives. Please provide any additional information from the flash drive that is different than the hard copies via pdf. correct. We will keep this in mind.Thanks for letting us know. 3 -Section IX.5 indicates the proposed project required an 404/401 authorization. Please provide the permits. Approval letter attached. 4-Topographical map and/or the aerial map provided are not sufficient. According to Section F of the Application Instructions, an 8.5-inch x 11-inch color copy of a USGS Topographic Map needs to clearly identify the project area, including the closest surface waters, general location of the gravity sewer, pumpstations, and force mains, and the downstream connection points for the receiving sewer. Also please indicate the direction of flow. Maps have been updated to include downstream sewer with permit number, connection points, nearest surface waters, and site location with Lat/Long. 15A NCAC 02T .0107 Staff Review and Permit Preparation states: • "(2) (e) If an application is accepted and later found to be incomplete, the applicant shall be advised how the application or accompanying supporting information may be modified to make it complete. The staff shall advise the applicant: (2) if all required information is not submitted within 30 days, the project will be returned as incomplete. Any resubmittal of a returned application shall be accompanied with a new application fee." Please contact me with any questions that you may have regarding this request. *Please note that the fee for fast track sewer extension permits has increased to$600 as of October 3, 2023[as stipulated in the 2023 House Appropriations Act, House Bill 259, Water Quality and Stormwater Fees,Section 12.14(a)]. Kind regards, Richard Simpson Environmental Engineering Office of Continuous Improvement(OCI) Division of Water Resources- Raleigh Regional Office North Carolina Department of Environmental Quality richard.simpson0cleq.nc.gov 919.791.4239 Office D_E Q�� D w�a tn.. LW owmy� Lr�?ad correspondence to and from this address is subject to the North Carolina R,h+c Pecords La.-,,and may be dtsdosed to third parties o Get info on ARPA Project Permitting:ARPA Env. Permittin o Search DEQ Permits: NQ DEQ Permit Directory o Apply for Funding: I Need Funding I NQ DEQ o Sewer Extension Permitting I NC DEQ o Subchapter 2T Rules.pdfSubchapter 2T Rules.pdf(state.nc.us) Email correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties by an authorized state official.