HomeMy WebLinkAbout20240101_Grove 98 NEQ_IP29_Wake_401_MRT.docx.pdf DocuSign Envelope ID:7F538B4C-A9A7-4401-806F-935B24E04EF0
STATE
ROY COOPER
Governor
ELIZABETH S.BISER `
Secretary
RICHARD E.ROGERS,JR. NORTH CAROLINA
Director Environmental Quality
March 18, 2024
DWR# 20240101
Wake County
Alliance Group of NC, LLC
Attn: Jacob Anderson
7208 Falls of Neuse Road, Suite 101
Raleigh, NC 27615
Delivered via email to: Jacob@alliancegroupnc.com
Subject: Approval of Individual 401 Water Quality Certification
Grove 98 NEQ
USACE Action ID. No. SAW-2020-01411
Dear Jacob Anderson:
Attached hereto is a copy of Certification No. WQC006712 issued to Jacob Anderson and Alliance
Group of NC, LLC, dated March 18, 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
� North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office 1 3800 Barrett Drive I Raleigh,North Carolina 27609
NORTH CAROLINA
919.791.4200
DocuSign Envelope ID:7F538B4C-A9A7-4401-806F-935B24E04EF0
Grove 98 NEQ
DWR#20240101
Individual Certification#WQC006712
Page 2 of 14
of priority regarding any usage of water. This Water Quality Certification shall not be
interposed as a defense in any action respecting the determination of riparian or littoral rights
or other rights to water use. No consumptive user is deemed by virtue of this Water Quality
Certification to possess any prescriptive or other right of priority with respect to any other
consumptive user.
Upon the presentation of proper credentials, the Division may inspect the property.
This Water Quality Certification shall expire on the same day as the expiration date of the
corresponding Section 404 Permit. The conditions shall remain in effect for the life of the
project, regardless of the expiration date of this Water Quality Certification.
Non-compliance with or violation of the conditions herein set forth may result in revocation of
this Water Quality Certification for the project and may also result in criminal and/or civil
penalties.
If you are unable to comply with any of the conditions of this Water Quality Certification you
must notify the Raleigh Regional Office within 24 hours (or the next business day if a weekend
or holiday) from the time the permittee becomes aware of the circumstances.
The permittee shall report to the Raleigh Regional Office any noncompliance with, and/or any
violation of, stream or wetland standards [15A NCAC 02B .0200] including but not limited to
sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours
(or the next business day if a weekend or holiday) from the time the permittee became aware
of the non-compliance circumstances.
This approval and its conditions are final and binding unless contested [G.S. 143-215.5].
This Certification can be contested as provided in Chapter 150B of the North Carolina General
Statutes by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office
of Administrative Hearings (OAH) within sixty (60) calendar days. Requirements for filing a
Petition are set forth in Chapter 150B of the North Carolina General Statutes and Title 26 of the
North Carolina Administrative Code. Additional information regarding requirements for filing a
Petition and Petition forms may be accessed at http://www.ncoah.com/ or by calling the OAH
Clerk's Office at (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
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 CAROLINA
MbfEM,��iosi� �f 919.791.4200
DocuSign Envelope ID:7F538B4C-A9A7-4401-806F-935B24E04EF0
Grove 98 NEQ
DWR#20240101
Individual Certification#WQC006712
Page 3 of 14
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.thomas@deg.nc.gov
if you have any questions or concerns.
Sincerely,
E
Doc'u,SiAgne'dby:
UI�(�C�l� fW
372DCBCB61EE4A8...
Michael Hall
Regional Supervisor
Division of Water Resources, Raleigh Regional Office
Department of Environmental Quality
Electronic cc: Deborah Shirley, Soil & Environmental Consultants, Inc.
Dicky Harmon, USACE Raleigh Regulatory Field Office
Gabriela Garrison, NCWRC
DWR 401 & Buffer Permitting Branch Electronic file/Laserfiche
Filename: 20240101 Grove 98 NEQ IP29 Wake 401 MRT.docx
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 CAROLINA
MbfEM,��iosi� �f 919.791.4200
DocuSign Envelope ID:7F538B4C-A9A7-4401-806F-935B24E04EF0
Grove 98 NEQ
DWR#20240101
Individual Certification#WQC006712
Page 4 of 14
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #WQC006712 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 Jacob Anderson and Alliance Group of NC, 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 January 15, 2024, by Public Notice
issued by the Division on January 18, 2024, 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 Amount Mitigation
Approved Approved Amount
Permanent Temporary Required
Perennial Streams
S1 (Area 1): 0 linear feet 21 linear feet 0 credits
Road Crossing—Construction Access
S2 (Area 1): 59 linear feet 0 linear feet 0 credits
Road Crossing—Culvert
S3 (Area 2): 0 linear feet 40 linear feet 0 credits
Utility Connection —Sewer
S4 (Area 3): 0 linear feet 15 linear feet 0 credits
Greenway Crossing—Construction Access
Totals: 59 linear feet 76 linear feet 0 credits
Riparian Wetlands
W1 (Area 1): 0.119 acres 0 acres 0.119 credits
Road Crossing—Culvert & Headwalls
W2 (Area 1): 0 acres 0.048 acres 0 credits
Road Crossing—Construction Access
W3 (Area 2): 0 acres 0.052 acres 0 credits
Utility Connection - Sewer
W4 (Area 3): 0 acres 0.007 acres 0 credits
Greenway Crossing—Construction Access
Totals: 0.119 acres 0.107 acres 0.119 credits
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
NORTH CAROL NA
!!!/// Raleigh Regional Office 1 3800 Barrett Drive I Raleigh,North Carolina 27609
�ofE"mflmow� �f 919.791.4200
DocuSign Envelope ID:7F538B4C-A9A7-4401-806F-935B24E04EF0
Grove 98 NEQ
DWR#20240101
Individual Certification#WQC006712
Page 5 of 14
This approval requires you to follow the conditions listed in the certification below.
CONDITIONS OF CERTIFICATION f15A NCAC 02H .0507(c)1:
ACTIVITY SPECIFIC CONDITIONS OF CERTIFICATION:
1. Mitigation must be provided for the proposed impacts as specified in the table below.
The attached Compensatory Mitigation Responsibility Transfer Form (Form) shall be
completed and provided to the Division prior to any impacts occurring. If the Mitigation
Provider specified on the attached Form(s) for the proposed impacts changes after
issuance of this Certificate, then the Permittee shall request a revised Compensatory
Mitigation Responsibility Transfer Form from the Division prior to conducting any
impacts.
Compensatory Mitigation Required River and Sub-basin Number
Wetland 0.119 acres (credits) Neuse River
03020201
Citation: 15A NCAC 02H.0506(c); 15A NCAC 02H.0507(c)
2. 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)
3. If this Water Quality Certification is used to access residential, commercial or industrial
building sites, then all parcels owned by the permittee that are part of the single and
complete project authorized by this Certification must be buildable without additional
impacts to streams or wetlands.
Citation: 15A NCAC 02H.0502(a);15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c)
4. For road construction purposes, this Certification shall only be utilized from natural high
ground to natural high ground.
Citation: 15A NCAC 02H.0502(a);15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c)
5. Deed notifications or similar mechanisms shall be placed on all lots/parcels with retained
jurisdictional wetlands, waters, and state regulated riparian buffers within the project
boundaries in order to assure compliance with NC Water Quality Certification Rules (15A
NCAC 02H .0500), NC Isolated Wetland Rules (15A NCAC 02H .1300), and/or State
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
NORTH CAROLINA
!!!/// Raleigh Regional Office 1 3800 Barrett Drive I Raleigh,North Carolina 27609
�ofE"mflmow� �f 919.791.4200
DocuSign Envelope ID:7F538B4C-A9A7-4401-806F-935B24E04EF0
Grove 98 NEQ
DWR#20240101
Individual Certification#WQC006712
Page 6 of 14
Regulated Riparian Buffer Rules (15A NCAC 02B .0200). These mechanisms shall be put in
place at the time of recording of the property or individual parcels, whichever is
appropriate.
Citation: 15A NCAC 02H.0502(a);15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c)
6. For all dam removal projects meeting the definition under G.S. 143-215.25 and
requirements under G.S. 143-215.27 of a professionally supervised dam removal, the
applicant shall provide documentation that any sediment that may be released has similar
or lower level of contamination than sediment sampled from downstream of the dam in
accordance with Session Law 2017-145.
Citation: 15A NCAC 02H.0502; 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c); 15A
NCACO2B .0200;S.L. 2017-145;
7. If this Water Quality Certification is used for utility related impacts, then the following
Activity Specific Conditions shall apply to those impacts.
a. All sewer lines shall be designed, constructed and maintained in accordance with Title
15A NCAC Chapter 02T, applicable Minimum Design Criteria (MDC), and/or
Alternative Design Criteria.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c)
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)
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)
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)
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
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
NORTH CAROLINA
!!!/// Raleigh Regional Office 1 3800 Barrett Drive I Raleigh,North Carolina 27609
�ofE"mflmow� �f 919.791.4200
DocuSign Envelope ID:7F538B4C-A9A7-4401-806F-935B24E04EF0
Grove 98 NEQ
DWR#20240101
Individual Certification#WQC006712
Page 7 of 14
except at manhole locations.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c)
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. A section and plan view diagram
is attached for the anti-seep collars.
The following specifications shall apply to class B concrete:
i. Minimum cement content, sacks per cubic yard with rounded coarse aggregate
5.0
ii. Minimum cement content, sacks per cubic yard with angular coarse aggregate
5.5
iii. Maximum water-cement ratio gallons per sack 6.8
iv. Slump range 2" to 4"
v. Minimum strength - 28-day psi 2,500
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c)
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)
8. The Permittee shall secure an approved stormwater management plan (SMP) from the
Town of Wake Forest 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.
Citation: 15A NCAC 02H.0506(b)(2) and(3); 15A NCAC 02H.0507(c)
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
NORTH CAROLINA
!!!/// Raleigh Regional Office 1 3800 Barrett Drive I Raleigh,North Carolina 27609
�ofE"mflmow� �f 919.791.4200
DocuSign Envelope ID:7F538B4C-A9A7-4401-806F-935B24E04EF0
Grove 98 NEQ
DWR#20240101
Individual Certification#WQC006712
Page 8 of 14
GENERAL CONDITIONS OF CERTIFICATION:
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)
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)
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)
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 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
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
NORTH CAROLINA
!!!/// Raleigh Regional Office 1 3800 Barrett Drive I Raleigh,North Carolina 27609
�ofE"mflmow� �f 919.791.4200
DocuSign Envelope ID:7F538B4C-A9A7-4401-806F-935B24E04EF0
Grove 98 NEQ
DWR#20240101
Individual Certification#WQC006712
Page 9 of 14
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
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)
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
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
17. Culverts shall be designed and installed in such a manner that the original stream
profiles are not altered and allow for aquatic life movement during low flows. The
dimension, pattern, and profile of the stream above and below a pipe or culvert shall
not be modified by widening the stream channel or by reducing 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.
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
NORTH CAROL NA
!!!/// Raleigh Regional Office 1 3800 Barrett Drive I Raleigh,North Carolina 27609
�ofE"mflmow� �f 919.791.4200
DocuSign Envelope ID:7F538B4C-A9A7-4401-806F-935B24E04EF0
Grove 98 NEQ
DWR#20240101
Individual Certification#WQC006712
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Placement of culverts and other structures in streams shall be below the elevation of
the streambed by one foot for all culverts with a diameter greater than 48 inches, and
20% of the culvert diameter for culverts having a diameter less than or equal to 48
inches, to allow low flow passage of water and aquatic life. If the culvert outlet is
submerged within a pool or scour hole and designed to provide for aquatic passage,
then culvert burial into the streambed is not required.
For structures less than 72" in diameter/width, and topographic constraints indicate
culvert slopes of greater than 2.5% culvert burial is not required, provided that all
alternative options for flattening the slope have been investigated and aquatic life
movement/connectivity has been provided when possible (e.g. rock ladders, cross-
vanes, sills, baffles etc.). Notification, including supporting documentation to include a
location map of the culvert, culvert profile drawings, and slope calculations, shall be
provided to DWR 30 calendar days prior to the installation of the culvert.
When bedrock is present in culvert locations, culvert burial is not required, provided
that there is sufficient documentation of the presence of bedrock. Notification,
including supporting documentation such as a location map of the culvert, geotechnical
reports, photographs, etc. shall be provided to DWR a minimum of 30 calendar days
prior to the installation of the culvert. If bedrock is discovered during construction, then
DWR shall be notified by phone or email within 24 hours of discovery.
Installation of culverts in wetlands shall ensure continuity of water movement and be
designed to adequately accommodate high water or flood conditions. When roadways,
causeways, or other fill projects are constructed across FEMA-designated floodways or
wetlands, openings such as culverts or bridges shall be provided to maintain the natural
hydrology of the system as well as prevent constriction of the floodway that may result
in destabilization of streams or wetlands.
The establishment of native woody vegetation and other soft stream bank stabilization
techniques shall be used where practicable instead of rip-rap or other bank hardening
methods.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c)
18. Application of fertilizer to establish planted/seeded vegetation within disturbed riparian
areas and/or wetlands shall be conducted at agronomic rates and shall comply with all
other Federal, State and Local regulations. Fertilizer application shall be accomplished
in a manner that minimizes the risk of contact between the fertilizer and surface waters.
Citation: 15A 02H.0506(b); 15A NCAC 02H.0507(c); 15A NCAC 02B .0200; 15A NCAC
028 .0231
19. If concrete is used during construction, then all necessary measures shall be taken to
prevent direct contact between uncured or curing concrete and waters of the state.
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
NORTH CAROLINA
!!!/// Raleigh Regional Office 1 3800 Barrett Drive I Raleigh,North Carolina 27609
�ofE"mflmow� �f 919.791.4200
DocuSign Envelope ID:7F538B4C-A9A7-4401-806F-935B24E04EF0
Grove 98 NEQ
DWR#20240101
Individual Certification#WQC006712
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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
20. All proposed and approved temporary fill and culverts shall be removed and the
impacted area shall be returned to natural conditions within 60 calendar days after the
temporary impact is no longer necessary. The impacted areas shall be restored to
original grade, including each stream's original cross-sectional dimensions, planform
pattern, and longitudinal bed profile. All temporarily impacted sites shall be restored
and stabilized with native vegetation.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c)
Justification:A project that affects waters shall not be permitted unless the existing uses,
and the water quality to protect such uses, are protected. Protections are necessary to
ensure any remaining surface waters or wetlands, and any surface waters or wetlands
downstream, continue to support existing uses after project completion.
21. All proposed and approved temporary pipes/culverts/rip-rap pads etc. in streams or
wetlands shall be installed as outlined in the most recent edition of the North Carolina
Sediment and Erosion Control Planning and Design Manual or the North Carolina Surface
Mining Manual or the North Carolina Department of Transportation Best Management
Practices for Construction and Maintenance Activities so as not to restrict stream flow or
cause dis-equilibrium during use of this Certification.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c)
22. Any rip-rap required for proper culvert placement, stream stabilization, or restoration of
temporarily disturbed areas shall be restricted to the area directly impacted by the
approved construction activity. All rip-rap shall be placed such that the original
streambed elevation and streambank contours are restored and maintained and shall
consist of clean rock or masonry material free of debris or toxic pollutants. Placement
of rip-rap or other approved materials shall not result in de-stabilization of the stream
bed or banks upstream or downstream of the area or be installed in a manner that
precludes aquatic life passage.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c)
23. Any rip-rap used for stream or shoreline stabilization shall be of a size and density to
prevent movement by wave, current action, or stream flows, and shall consist of clean
rock or masonry material free of debris or toxic pollutants. Rip-rap shall not be installed
in the streambed except in specific areas required for velocity control and to ensure
structural integrity of bank stabilization measures.
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
NORTH CAROLINA
!!!/// Raleigh Regional Office 1 3800 Barrett Drive I Raleigh,North Carolina 27609
�ofE"mflmow� �f 919.791.4200
DocuSign Envelope ID:7F538B4C-A9A7-4401-806F-935B24E04EF0
Grove 98 NEQ
DWR#20240101
Individual Certification#WQC006712
Page 12 of 14
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c); 15A NCAC 02B .0201
24. All mechanized equipment operated near surface waters shall be inspected and
maintained regularly to prevent contamination of surface waters from fuels, lubricants,
hydraulic fluids, or other toxic materials. Construction shall be staged in order to
minimize the exposure of equipment to surface waters to the maximum extent
practicable. Fueling, lubrication, and general equipment maintenance shall be
performed in a manner to prevent, to the maximum extent practicable, contamination
of surface waters by fuels and oils.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c); 15A NCAC 02B .0200; 15A
NCAC 02B.0231
25. Heavy equipment working in wetlands shall be placed on mats or other measures shall
be taken to minimize soil disturbance and compaction.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c); 15A NCAC 02B.0231
26. In accordance with 143-215.85(b), the permittee shall report any petroleum spill of 25
gallons or more; any spill regardless of amount that causes a sheen on surface waters;
any petroleum spill regardless of amount occurring within 100 feet of surface waters;
and any petroleum spill less than 25 gallons that cannot be cleaned up within 24 hours.
Citation: 15A NCAC 02H.0507(c); N.C.G.5143-215.85(b)
27. The permittee and their authorized agents shall conduct all activities in a manner
consistent with State water quality standards (including any requirements resulting from
compliance with §303(d) of the Clean Water Act), and any other appropriate
requirements of State and Federal Law.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c)
28. The permittee shall require its contractors and/or agents to comply with the terms and
conditions of this certification in the construction and maintenance of this project, and
shall provide each of its contractors and/or agents associated with the construction or
maintenance of this project with a copy of this Water Quality Certification. A copy of
this Water Quality Certification shall be available at the project site during the
construction and maintenance of this project.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c)
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)]
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
NORTH CAROLINA
!!!/// Raleigh Regional Office 1 3800 Barrett Drive I Raleigh,North Carolina 27609
�ofE"—" w� �f 919.791.4200
DocuSign Envelope ID:7F538B4C-A9A7-4401-806F-935B24E04EF0
Grove 98 NEQ
DWR#20240101
Individual Certification#WQC006712
Page 13 of 14
This, the 18th day of March 2024
E
Doc'u,SiAgne'd by:
UI�(�C�l� tW
372DCBCB61EE4A8...
Michael Hall
Regional Supervisor
Division of Water Resources, Raleigh Regional Office
Department of Environmental Quality
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 CAROL
MbfEM,��io�si� �f 919.791.4200
DocuSign Envelope ID:7F538B4C-A9A7-4401-806F-935B24E04EF0
STATE ,
ROY COOPER
Governor _
ELIZABETH S.BISER `
Secretory `
RICHARD E.ROGERS,f R. NORTH CAROLINA
Director Environmental Quality
COMPENSATORY MITIGATION RESPONSIBILITY TRANSFER FORM
March 18, 2024
Permittee: Jacob Anderson and Alliance Group of NC, LLC DWR Project# 20240101
Project Name: Grove 98 NEQ County: Wake
The Division has received a Statement of Availability (SOA) from Clearwater Mitigation
Solutions, LLC and Clearwater Neuse 01 umbrella Mitigation Bank for the Lowlands Wetland
Mitigation Site (Mitigation Provider) to satisfy the mitigation requirements set forth in 401
Individual Certification No. WQC006712 issued to Jacob Anderson and Alliance Group of NC,
LLC, dated March 18, 2024 as provided in the table below.
Compensatory Mitigation River and 8-digit HUC
Number
Riparian Wetland 0.119 acres (credits) Neuse River -03020201
The Permittee must provide a copy of this form to the Mitigation Provider specified above who
will then sign the form to verify receipt of payment and the transfer of the mitigation
responsibility. Once the Mitigation Provider has signed this form, it is the Permittee's
responsibility to ensure that a signed copy of this form is submitted to the Division before
conducting any of the authorized impacts.
The Mitigation Provider verifies that the mitigation requirements (credits) shown above, have
been released and are available at the identified bank site(s). By signing below, the Mitigation
Provider is accepting full responsibility for the identified mitigation. As a reminder to the
Mitigation Provider, no more than 25 percent of the total mitigation required by Division can be
met through preservation, unless requested and approved by the Division Director (15A NCAC
02H. 0506(c)(7)).
Signature Authority Name (print):
Signature: Date:
D� � North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office I 3800 Barrett Drive I Raleigh,North Carolina 27609
NORTH CARCLINA
n.o.m w.f�.n—erw.i� /"� 919.791.4200