HomeMy WebLinkAboutWQ0045126_Application (FTSE)_20240429NC Dept of Environmental Quality
Apr l7 2024 State of North Carolina
11WR
Raleigh Regional Office Department of Environmental Quality
Division of Wafter Resources
FAST TRACK SEWER SVSTEN 4 EXTENSiON APPLICATION
Division of Water Resources FTA 10-23 & SUPPORTING DOCUMENTATION
Application Number. WQ0045126 (to be conipleted by UW K)
All items must be completed or the application will lire returned
1• APPLICANT INFORMATION:
l _ ApplicanCs nano': Town of Apex (Company, municipality, IIOA, utility, ciz.)
2, Applicant type: ❑ individual
❑ Corporation ❑ General Partnership
❑ I-ederal
❑ Sta0Coun y ® Municipal
3. Signature authority's name: Marty
Stone. PE per I SA NCAC 02T .010♦5f hi
Title: Assistant Town Manager
4. Applicant's ivailing address: 105-B Upchurch St
City: Apex State: NC
Lip: ?.7502-
5_ Applicant's contact information:
Phone number: (919) 249-3353
Email Address: Marty. Stone LzVaacxnc.urg
II. PROJECT INFORMATION:
❑ Privately -Owned Public Utility
❑ othcr
1. Project naive: Big Branch I Pump Station
2. Application/Pro.ject status: ® Prapmed (New Permit) ❑ Fxisting Permii/Project
If a modification, provide the existing frcrmit numE3er: WQOO and issued elate: ,
For modifications, also attach a detailed narrative description as described in Item G of the checklist.
if naw construction, buI part of a nmster plan, provide the existing permit number: WQ01J
3. County where projeet is located: Wake
4. Approximate Coordinates (Decimal Degrees): Latitude: 35.683919" Longitude:-78.856235'
5. Parcel iD (if applicable): 0740241030 (or Parcel ID to closest downstream sewer)
III. CONSULTANT INFORMATION.
I. Professional Engineer: Benjainin B. Wibbens, PE License Number: 054449
Firm: LKC; Fri inr coring. Pi.I_C
Mailing address: 140 Aqua Shed C1
City: Aberdec State: NC Zip: 283t5-
Phone dumber: (910) 420-1437 Email Address: ben@LKCcni!iiteeririg.com
IV. WASTEWATER TREATMENT FACILITY (WWTF) INFORMATION:
1, facility Namc: Western Wake Regional Water tLrclaiination 1=acility Kermit Number: NC0098846
Owner Name: Town of Caty
V. RECEIVING DOWNSTREAM SEWER INFORMATION:
1. Permit Ntunber(s): WQ LS pQ 0 44`
2. Downstream (Receiving) Sewer Infornrittion: a inch 11 Gravity ® Force Main
3. Syste n Wide CoLlectivii System Pe:rniit Alennber(s) (ifapplicable): WQCS000G4
Owner Naine(s): Town of Apex
FORM: FTA 10-23 Page 1 of 5
VI. GENERAL REQUIREMENTS
1, If the Applicant is a Privalely-awned Public Utility, has a Certificate of Public Convenience and Necessity been atlached?
❑ Yes ❑ No ® NIA
2, If the Applicant is a Developer of lots to be sold, has a Developer's Operational Avreeinent(FORA _DLVI been attached?
❑ Yes ❑ No ® NIA
3. If the Applicant is a Home/Property Owners' Association, has an II Ali' A Operational Agreement NORM: HOA I and
supplementary documentation as required by 15A NCAC 02T.0115(c) been attached?
❑ Yes ❑ No ® NIA
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 I day care ❑ Medical / dental / veterinary facilities ❑ Swimming Pool/Clubhouse
❑ Food and dank facilities ❑ Church ❑ Swimming Pool/Filter Backwash
❑ Businesses / offices / factories ❑ Nursing Home ❑ Other (Explain in Attachment)
S. Nature of wastewater ; °/u Domestic % Commercial % Industrial (See 15A NCAC 02T.0 103(2�)
If Industrial, is there a Pretreatnient Program in effect? ❑ Yes❑ No
5, Has a flow reduction been approved under 15A NCAC 02T .0114(F1? ❑ Yes ❑ No
➢ If yes, provide a eopy of flow reduction approval letter with this application
7. Summarize wastewater generated by project:
Es tab lishrnent Type (see 02T.0114(f))
Daily Design Flow ° h
No. of Units
Flow
gall
GPD
gall
GPD
gall
GPD
gall
GPD
gall
GPD
gall
GPD
Total
GPD
a See 15A NCAC 021' .0l 14 b d e 1 and e 2 for caveats to wastewater design flow rates (i.e. proposed unknown
non-residential development uses; public access facilities located near high public use areas; and residential property
located south or east of the Atlantic Intracoastal Waterway to be used as vacation rentals as defined in G.S. 42A-4).
b Per 15A NCAC 02T .0114(c), design flow rates for establishments not identified [in table I SA NCAC 02T.01 141 shall be
determined using available flow data, water using fixtures, occupancy or operation patterns, and other measured data.
8. Wastewater generated by project: 0 GPD (per 15A NCAC 021' .0114 and G.S. 143-215.1)
➢ Do not include future flows or previously permitted allocations
If permitted flow is zero, please indicate why:
® Pump Station/Force Main or Gravity Sewer where flow will be permitted in subsequent permits that connect to this line,
Please providesupplementary information indicating the approximate timefrantc for permitting upstream sewers with flow.
❑ Flow has already been allocated in Permit Number: Issuance Date:
❑ Rehabilitation or replacement of existing sewers with no new flow expected
❑ Other (Explain);
FORM: FTA 10-23 Page 2 of 5
VII. GRAVITY SEWER DESIGN CRITERIA (If Applicable) - 02T _0345 & MDC fCr: 'd Vv Se►►aryl:
1, Summarize gravity sewer to be permitted;
Size (inches)
Length (feet)
Material
36
2?
DIP
> Section II & III of the MDC for Permitting of Gravity Sewers contains information related it) design criteria
:} Section TIT contains infoi nhation related to minimum slopcs for gravity sewer(s)
Oversizing ]ides to meet minitnum slope 1-equirentents is not allowed and a violation of the MDC
VIII. PUMP STATION DESIGN CRITERIA (if Applicable) — 02'r .0305 & NIDC (Pump Stations[Force Mains]:
PROVIDE A SEPARATE COPY OF THIS PAGE FOR EACH PUMP STATION INCLUDED IN TIIIS PROJECT
I. Pusnp Slatiotl number or nuiue; Big Brunch 1 (BB 1) Punip Station
2- Approximate Coordinates (Decimal Degrees): Latitude: 35.683918 ' Longitude:-78.856235"
3. 'Total number of pumps at the pump station: 4
3. Desigm flow of the pwnp station: 8-305920 millions gallons per day (firm capacity)
3i, This should reflect the total GPM for the pump station with the largest pump out of service..
4, Operational point(s) per punhp(s); 3,164 x2 & 1 302 02 gallons per minute (GIIM) at 183 feet total dynamic head (TDH]
5. Summarize the force main to be permitted (for this Pump Station):
Size (inches)
Lenvil1 ffeell
muter[[[
If any portion of [lie force main is less than. 4-inches in diameter, please identify the method of solids reduction per
MDCPSFM Section 2.0IC.I.b. ❑ Grinder Pump ❑ Mechanical Bar Screen ❑ Othcr (please specify)
6. Power reliability in accordance with 15A NCAC 02T .0305(h)(l1;
® Slandby power source or ❑ Standby pump
`' Must have autonhatic activation and telelnetly - 15A NCAC 02T.0305(li)(1)(13)_
y 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 ilia punip 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 witll plugged emergency pump connection arid lelemelry:
Include documentation that the portable source is owned or contracted by the applicant and is compatible with the station.
Y 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 liniefralnes, shall be pruvided
as put of this permit application in the case of a multiple station power outage.
FORM: FTA 10-23 Pagc 3 of 5
Ix. SETBACKS & SEPARATIONS — (02B .0200 & 15A NCAC 02T.0305(f)):
1. Does the project comply with all separationslalternatives found in 15A NCAC 02T .0305(1) & (4)7 ® Yes ❑ No
15A NCAC 02T.0305(f) contains minimum separations that shall be provided for sewer systeins:
Setback Parameter*
Separation Required
Storm sewers and other utilities not listed below (vertical)
18 inches
Water mains (vertical - water over sewer preferred, including in benclied trenches)
18 inches
'Water mains (horizontal)
10 feet
Reclaimed water lines (vertical - reclaimed over sewer)
18 inches
Reclaimed water lines (horizontal - reclaimed over sewer)
2 feet
**Any private or public water supply source, including any wells, WS-1 waters of Class I or
Class I1 impounded reservoirs used as a source of drinking water, and associated wetlands.
100 feet
**Waters classified WS (except W5-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 1Y.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 cnibankrmm 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
i- If noncompliance with 02T.0305(f) or (e) see Section X.1 of this application
* 15A NCAC 02T.0305(g) contains alternatives where separations in 02T.0305(f) cannot be achieved. Please check "yes"
above if these alternatives are used and provide narrative information to explain.
**Stream classifications can be identified using the Division's NC Surface Water Classifirati n wcbVaLc
2. Does this project comply with the minimum separation requirements for water mains? ® Yes ❑ No ❑ NIA
D If no, please refer to 15A NCAC I SC,0906(f) for documentation requirements and submit a separate document,
sigrriedlsealed by an NC licensed PE, verifying the criteria outlined in that Rule.
Does the project comply with separation requirements for wetlands? ® Yes ❑ No ❑ NIA
➢ PIcasc provide supplementary information identifyijig the areas of non-conformance.
➢ See the Division's draft separation requirements for situations where separation cannot be met.
➢ No variance is required if the alternative design criteria specified is utilized in design and construction.
4. Is the project located in a river basin subject to any State buffer rules? ❑ Yes Basin name: ® No
If yes, does the project comply with setbacks found in the river basin rules per 15A NCAC. 02B .02009 ❑ Yes ❑ No
> This includes Trout Buffered Streams per 15A NCAC 2B.0202
5. Dues the pro'fect require coveragelauthorization under a 404 Nationwide/individual peewits ® 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 witli 15A NCAC 02T.0105 c 6 (additional permits/certifications)? ® Yes [:]No
Per 15A NCAC 02T.01,05(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.).
Does this project include any sewer collection lines that are deemed "high -priority?" ❑ Yes ® No
Per 15A NCAC 02T.0402, "high -priority sewer" means any aerial sewer, sewer contacting surface waters,
siphon, or sewers positioned parallel to streambanks that are subject to erosion that undermines or deteriorates the sewer.
Siphons and sewers suspended through interferencelconfliet boxes require a variance approval.
A If yes, include an attachment with details for each line, including type (aerial line, size, material, and location).
IIigh 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 Pagc 4 o£5
X. CERTIFICATIONS:
1. Does the submitted system comply with 15A NCAC 02T, the Minimum Design Criteria for the Pertnitting 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 anproval of the vernfit, and 12t9iects-rSqubJnz a variance approval may be subject to longer
review times. For protects reuuiriny two or inure 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:
1, Benjamin B. Wibbens, PE , attest that this application for
(Professional Engineer's name From Application Item itt, I.)
Big Branch 1 Pump Station
(Prajeet Name From Application item H.I )
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 knaivledge, i further
attest that to the best of my knowledge the proposed design has been prepared in accordance with the applicable regulations,
Minimum Design Criteria for Gravity Servers !latest 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 143-215.6B, any person who knowingly makes any false
statement, representation, or certification in any application package shall be guilty of a Class 2 misdemeanor, which may
include a fine not to exceed $10,000, as well as civil penalties up to $25,000 per violation. Misrepresentation of the application
information, including failure to disclose any design non-eompliance with the applicable Rules and design criteria, may subject
the North Carolina -licensed Professional Engineer to referral to the licensing board. (21 NCAC 56.0701)
North Carolina Professional Engineer's seal, signature, and date: a+.+•``�CA170''•+.,,
o� ,,......
� 551py 's
;4 =
3. Applicant's Certification per 15A NCAC 02T A 106(b):
1 Marty Stone, PE , attest that this application for Big Branch 1 Pump Station
(Signature Authority Nano from Application Item 1.3.) (Projeel Name from Application Ilem I I I
attest that this application has been reviewed by nee and is accurate and complete to the best of my knowledge.
l understand ilia( if all required parts of this application are nut 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 snake no claim against the Division
of Water Resources should a condition of this permit be violated. i also understand that if all required parts of this application
package are not completed and that if all required supporting information and attachments are not included, this application
trackage 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 lnisdenicanor, which may
include a fine not to exceed $10,000 as well as civil penalties up to $25,000 per violation,
Signature: Date:
FORM: FTA 10-23 Page 6 of 5
State of North Carolina
4`4 3 Department of Environmental Quality
Division of Water Resources
#.? ._, ..
Mvislon of Water Resources Flow Tracking for Sewer Extension Applications
(FTSE 10-18)
Entity Requesting Allocation: Town of Apex
Project Name for which flow is being requested: Big Branch 1 Pump Station
More than one FTSE may be required for a single project if the owner of the WWTP is not responsible for all pump
stations along the route of the proposed wastewater flow.
I. Complete this section only if you are the owner of the wastewater treatment plant.
a. WWTP Facility Name: Western Wake Regional Water Reclamation Facility
b. WWTP Facility Permit #: NCO088846
A11 flows are in MGD
c. WWTP facility's permitted flow 18.00
d. Estimated obligated flow not yet tributary to the WWTP 1.73
e. WWTP facility's actual avg. flow 7.30
f Total flow for this specific request 0
g. Total actual and obligated flows to the facility 9.03
h. Percent of permitted flow used 50.2%
II. Complete this section for each pump station you are responsible for along the route of this proposed
wastewater flow.
List pump stations located between the project connection point and the WWTP:
(A) (B) (C) (D)=(B+C) (E)=(A-D)
Design Obligated,
Pump Pump Average Approx, Not Yet Total Current
Station Station Firm Daily Flow** Current Tributary Flow Plus
(Name or Permit Capacity, * (Firm! pf), Avg. Daily Daily Flow, Obligated Available
Number) No. MGD MGD Flow, MGD MGD Flow Capacity***
* The Firm Capacity (design flow) of any pump station is defined as the maximum pumped flow
that can be achieved with the largest pump taken out of service.
** Design Average Daily Flow is the firm capacity of the pump station divided by a peaking factor
(pf) not less than 2.5, per Section 2.02(A)(4)(c) of the Minimum Design Criteria.
*** A Planning Assessment Addendum shall be attached for each pump station located
between the project connection point and the WWTP where the Available Capacity is < 0.
Downstream Facility Name (Sewer): PS to discharge into 20" FM to be submitted under separate cover.
Downstream Permit Number:
Page 1 of 6
FTSE 10-18
III. Certification Statement:
I Robert Hirt certify to the best of my knowledge that the addition of
the volume of wastewater to be permitted in this project has been evaluated along the route to the
receiving wastewater treatment facility and that the flow from this project is not anticipated to
cause any capacity related sanitary sewer overflows or overburden any downstream pump station
en route to the receiving treatment plant under normal circumstances, given the implementation
of the planned improvements identified in the planning assessment where applicable. This
analysis has been performed in accordance with local established policies and procedures using
the best available data. This certification applies to those items listed above in Sections I and II
plus all attached planning assessment addendums for which I am the responsible party.
The Obliaated Flow Not Yet Tributary reported in items Ld and Mc include the Town of &ex
flows certified by the Town of Apex below, Signature of this form indicates acceptance of this
wastewater flow.
III
Signing Of ciaMjS natur)— Town of Cary, Lead Agency
I Michael Deaton certify to the best of my knowledge that the total Estimated Obligated flow from
within the Town of Apex Jurisdiction not yet tributary to the WWRWRF (Item Ld) is 0.887 msd,
and that the total Estimated Obligated flow from within the Town of Apex Jurisdiction not yet
tributary to the BCPS - Item (II.c) is 0.617 mgd.
Page 2 of 8
FTSE 10-23
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DocuSign Envelope ID: D8D9A847-BBE2-4F55-8EDE-66C4D0054361
ROY COOPER
Governor
ELIZABETH S. BISER
Secretory
RICHARD E. ROGERS, A.
Director
RXR Len Apex Owner LLC
Attn: Mr. Todd Rechler
62S RXR Plaza
Uniondale NY 11SS3
Delivered via email to: rdeloia@rxr.com
NORTH CAROLINA
Environmental Quality
February 24, 2023
Subject: Approval of Individual 401 Water Quality Certification
Veridea Development
USACE Action ID. No. SAW2010-01907
Dear Mr. Rechler:
NC Dept of Environmental Quality
Apr 29 2024
Raleigh Regional Office
DWR # 20221447 correction
Wake County
Attached hereto is a copy of Certification No. WQC00S681 issued to Mr. Todd Rechler and RXR Len Apex
Owner LLC, dated February 24, 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.
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
„ n �� 919.797.9909
DocuSign Envelope ID: D8D9A647-BBE2-4F55-8EDE-66C4D0054361
RxR Len Apex Owner LLC
DWR# 20221447 correction
Individual Certification #WQC005681
Page 2 of 21
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:l/www.ncoah.com{ or by calling the OAH Clerk's Office at (919) 431-3000.
A party filing a Petition must serve a copy of the Petition on:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
If the party filing the Petition is not the permittee, then the party must also serve the recipient of the
Certification in accordance with N.C.G.S 15013-23(a).
This letter completes the Division's review under section 401 of the Clean Water Act and 15A NCAC 02H
.0500. Please contact Sue Homewood at 336-813-1863 or 5ue.Homewood@ncdenr.gov if you have any
questions or concerns.
Q E � Q North Carolina Department ofF.nvironmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh. North Carolina 27699-1617
919.707.9000
DocuSign Envelope ID: D8D9A647-BBE2-4F55-6EDE-66C4D0054361
RXR Len Apex Owner LLC
DWR# 20221447 correction
Individual Certification #WQC005681
Page 3 of 21
Sincerely,
E Do cuSigned
by:
A43C727{]p6>7543E...
Katie Merritt, Acting Supervisor
401 & Buffer Permitting Branch
Electronic cc: Deborah Shirley, S&EC
Lyle Phillips, USACE Raleigh Regulatory Field Office
Gabriela Garrison, NCWRC
Todd Bowers, EPA
Robert Patterson, Town of Apex
❑WR RRO
DWR 401 & Buffer Permitting Branch Electronic file
Filename: 20221447 Veridea-Wake-401-IC.docx
Q
�� North Carolina Department ofF.nvironmental Quality I Division ofWater Resourcesr E512 North Salisbury Street 1 1617 Mail Service Center I Raleigh. North Carolina 27699-1617
919.707.9000
DocuSign Envelope ID: D8D9A647-BBE2-4F55-6EDE-66C4D0054361
RxR Len Apex Owner LLC
DWR# 20221447 correction
Individual Certification #WQC005681
Page 4 of 21
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #WQC005681 is issued in conformity with the requirements of Section 401, Public Laws
92-500 and 95-217 of the United States and subject to North Carolina's Regulations in 15 NCAC 02H .0500
and 15A NCAC 0213.0200, to Mr. Todd Rechler and RXR Len Apex Owner 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 October 18, 2022 and subsequent information on January 31, 2023 and February
23, 2023, and by Public Notice issued by the U. S. Army Corps of Engineers on October 31, 2022.
The State of North Carolina certifies that this activity will comply with water quality requirements and
the applicable portions of Sections 301, 302, 303, 306, 307 of the Public Laws 92-500 and PL 95-217 if
conducted in accordance with the application, the supporting documentation, and conditions
hereinafter set forth.
The following impacts are hereby approved. No other impacts are approved, including incidental
impacts. [15A NCAC 02H .0506(b)]
West Village
Type of Impact
Amount Approved
Amount Approved
Mitigation Amount
Permanent
Temporary
Required
Perennial Streams
Area 1.2A — Lot
103 linear feet
0 linear feet
103 credits
Development Fill
Area 1.213 — Road
37 linear feet
❑ linear feet
37 credits
crossing
Area 1.15 —Road
39 linear feet
12 linear feet
39 credits
crossing
13 linear feet (no loss)
Area 1.16 — Road
114 linear feet
12 linear feet
114 credits
crossing
19 linear feet (no loss)
Area 1.19 — Road
109 linear feet
25 linear feet
109 credits
crossing
20 linear feet (no loss)
Area 1.20 - Utility
0 linear feet
39 linear feet
0 credits
Area 1.23 - Utility
0 linear feet
39 linear feet
0 credits
Total
454 linear feet
127 linear feet
402 credits
Intermittent Streams
Area 1.5 - Road Fill
36 linear feet
14 linear feet
0 credits
12 linear feet (no loss)
Area 1.8 - Road Fill
48 linear feet
23 linear feet
0 credits
26 linear feet (no loss)
Area 1.10 - Road Fill
101 linear feet
20 linear feet
0 credits
11 linear feet (no loss)
Area 1.14— Road
77 linear feet
21 linear feet
0 credits
crossing
12 linear feet (no loss)
Area 1.18 — Road
40 linear feet
15 linear feet
0 credits
crossing
20 linear feet (n❑ loss)
Q��� North Carolina Department ofF.nvironmental Quality I Division of Water Resources
E512 North Salisbury Street 1 1617 Mail Service Center I Raleigh. North Carolina 27699-1617
rH cur,n.
on„wwtw,rnm.n,,,,, a�i 919.707.9000
DocuSign Envelope ID: D8D9AS47-BBE2-4F55-SEDE-66C4DOG54361
RXR Len Apex Owner LLC
DWR# 20221447 correction
Individual Certification #WQC005681
Page 5 of 21
Total
3831inear feet
931inear feet
❑ credits
Riparian Wetlands
Area 1.1- Road Fill
0.07 acres
0 acres
0.07 credits
Area 1.2A - Lot
Development Fill
0.05 acres
0 acres
0.05 credits
Area 1.4 - Lot
Development Fill
0.04 acres
0 acres
0.04 credits
Area 1.5 - Road Fill
0.01 acres
0 acres
0.01 credits
Area 1.10 - Road Fill
0.03 acres
0 acres
0.03 credits
Area 1.11A - Road Fill
0.03 acres
0.004 acres
0.03 credits
Area 1.1113 - Road Fill
0.01 acres
0.01 acres
0.01 credits
Area 1.16 - Road
crossing
0.07 acres
0.01 acres
0.07 credits
Area 1.17 - Road
crossing
0.04 acres
0.01 acres
0.04 credits
Total
0.35 acres
0.034 acres
0.35 credits
Open Waters
Area 1.3 - Lot
Development Fill
0.82 acres
0 acres
0 credits
Area 1.4 - Lot
Development Fill
0.02 acres
0 acres
0 credits
Area 1.12 - Lot
Development Fill
2.48 acres
0 acres
0 credits
Total
1 3.32 acres
0 acres
0 credits
East Village
Type of Impact
Amount Approved
Amount Approved
Mitigation Amount
Permanent
Temporary
Required
Perennial Streams
92 linear feet
47 linear feet
92 credits
Area 2.13 - Road Fill
49 linear feet (no loss)
Area 2.2A - Road Fill
173 linear feet
21 linear feet
173 credits
26 linear feet (no loss)
Area 2.2C - Lot
81 linear feet
❑ linear feet
81 credits
Development Fill
T
Area 2.5 - Road Fill
90 linear feet
15 linear feet
90 credits
31 linear feet (no loss)
Area 2.6 - Utility
0 linear feet
40 linear feet
0 credits
Area 2.8 - Utility
0 linear feet
39 linear feet
0 credits
Area 2.9 - Road Fill
132 linear feet
18 linear feet
132 credits
48 linear feet (no loss)
Area 2.10 - Road Fill
134 linear feet
19 linear feet
134 credits
45 linear feet (no loss)
Area 2.11- Utility
0 linear feet
34 linear feet
0 credits
Area 2.12 - Utility
0 linear feet
34 linear feet
0 credits
North Carolina Department ofF.nvironmental Quality I Division of Water Resources
Q5
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh. North Carolina 27699-1617
919.707.9000
at
DocuSign Envelope ID: D8D9AS47-BBE2-4F55-SEDE-66C4DOG54361
RXR Len Apex Owner LLC
DWR# 20221447 correction
Individual Certification #WQC005681
Page 6 of 21
Total
901 linear feet
2671inear feet
702 credits
Intermittent Streams
Area 2.1A-3 - Utility
0 linear feet
9 linear feet
0 credits
Area 2.4 — Road Fill
179 linear feet
43 linear feet (no loss)
17 linear feet
0 credits
Area 2.7 - Utility
0 linear feet
34 linear feet
0 credits
Area 2.13 - Utility
0 linear feet
39 linear feet
0 credits
Area 2.14 - Utility
100 linear feet
0 linear feet
0 credits
Area 2.16 — Lot
Development Fill
207 linear feet
0 linear feet
0 credits
Area 2.17 — Road Fill
250 linear feet
30 linear feet (no loss)
17 linear feet
0 credits
Area 2.19A — Road Fill
149 linear feet
30 linear feet (no loss)
14 linear feet
0 credits
Area 2.19E — Utility
131 linear feet
23 linear feet (no loss)
10 linear feet
0 credits
Area 2.19C — Road Fill
0 linear feet
45 linear feet
0 credits
Area 2.21A — Road Fill
168 linear feet
0 linear feet
0 credits
Area 2.21E - Utility
0 linear feet
32 linear feet
0 credits
Area 2.22 — Road Fill
365 linear feet
20 linear feet (no loss)
9 linear feet
0 credits
Area 2.23 - Utility
0 linear feet
35 linear feet
0 credits
Area 2.24 —Road Fill
60 linear feet
0 linear feet
0 credits
Total
1755 linear feet
261 linear feet
0 credits
Riparian Wetlands
Area 2.1A-1— Utility
0.01 acres (no loss)
0 acres
0 credits
Area 2.1A-2 — Utility
0.01 acres (no loss)
0 acres
0 credits
Area 2.213 — Utility
0.01 acres (no loss)
0 acres
0 credits
Total
0.03 acres
0 acres
0 credits
South Village & Off -Site
Type of Impact
Amount Approved
Permanent
Amount Approved
Temporary
Mitigation Amount
Required
Perennial Streams
Area 3.1— Road Fill
45 linear feet
19 linear feet (no loss)
12 linear feet
45 credits
Area 3.3 — Road Fill
76 linear feet
26 linear feet (no loss)
23 linear feet
76 credits
Total
166 linear feet
35 linear feet
121 credits
Intermittent Streams
Area 3.5 -- Road Fill
Area 3.6 — Road Fill
Total
37 linear feet
1711near feet (no foss)
9 linear feet
20 linear feet
0 credits
32 linear feet
17 linear feet (no loss)
0 credits
103 linear feet
29 linear feet
0 credits
North Carolina Department ofF.nvironmental Quality I Division of Water Resources
Q5
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh. North Carolina 27699-1617
919.707.9000
DocuSign Envelope ID: D8D9A647-BBE2-4F55-6EDE-66C4D0054361
RXR Len Apex Owner LLC
DWR# 20221447 correction
Individual Certification #WQC005681
Page 7 of 21
Riparian Wetlands
Area 4.2 - Utility
0.01 acres (no loss)
0 acres
0 credits
Total
0.01 acres
U acres
0 credits
This approval requires you to follow the conditions listed in the certification below.
CONDITIONS OF CERTIFICATION [15A NCAC 02H .0507(c)]:
1. Mitigation must be provided for the proposed impacts as specified in the tables below. The
attached Compensatory Mitigation Responsibility Transfer Forms (Form) shall be completed and
provided to the Division prior to any impacts occurring within each Phase as specified in the
Mitigation Timeline submitted to the Division on January 31, 2023. If the Mitigation Timeline or
the Mitigation Providers specified on the attached Form(s) for the proposed impacts changes
after issuance of this Certificate, then the Permittee shall request approval of a revised
Mitigation Timeline and/or revised Compensatory Mitigation Responsibility Acceptance Forms
from the Division prior to conducting any impacts.
Compensatory Mitigation Required
River and Sub -basin Number
Wetland
0.35 acres (credits)
Cape Fear
❑3030004
Stream
1,225 linear feet (credits)
Cape Fear
03030004
Citation: 15A NCAC 02H .O5O6(c); 15A NCAC O2H .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 project must provide for replacement of
existing uses through compensatory mitigation.
2. The Permittee shall ensure that all culvert designs and future redesigns comply with Condition
#24 below.
Citation: 15A NCAC 02H .O5O6(b), 15A NCAC O2H .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. Ensuring that structures are installed
properly in waters will ensure that surface water quality standards are met and conditions of
waters ore suitable for all best uses.
Any final construction plans for this project must include or reference the application and plans
approved by the Division under this authorization letter and certification. The applicant will also
be required to evaluate all acquired permits to assure that they are consistent, and all relative
impacts are accounted for and shown on the construction plans. 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 Veridea Development may be considered cumulative
Q E � Q North Carolina Department ofF.nvironmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh. North Carolina 27699-1617
919.707.9000
DocuSign Envelope ID: D8D9A647-BBE2-4F55-6EDE-66C4D0054361
RxR Len Apex Owner LLC
DWR# 20221447 correction
Individual Certification #WQC005681
Page 8 of 21
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)
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. All wetlands, streams, and surface waters located within 50 feet of the construction area on the
project site shall be clearly marked (example- orange fabric fencing) prior to anV land disturbing
activities and must be maintained on the property until the project phase is completed.
Citation: 15A NCAC 02H .0506(b)(2); 15A NCAC 02H .0507(c)
Justification: A project that affects waters shall not be permitted unless the existing uses, and the T
water quality to protect such uses, are protected. In determining that the proposed acti; 4t'0,wil;
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.
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 Veridea 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)
Justification. Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule (including, at minimum: aquatic life propagation, survival,
and maintenance of biological integrity; wildlife, secondary contact recreation, agriculture), and
that activities must not cause water pollution that precludes any best use on a short-term or
long-term basis.
6. The Permittee shall secure an approved storm water management plan (SMP) from the Town of
Apex before any impacts and authorized in this certification occur within each Phase. 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.
The Permittee shall ensure that all final construction plans for the development comply with the
commitments ensure that downstream hydrology is provided to all jurisdictional features within
the project limits made within the 401 application and supplemental documents. If any
additional direct, or indirect, stream, wetland, or open water impacts result from final SMP
design and/or review or approval then Permittee shall submit an application to modify the 401
North Carolina Department ofFnvironmental Quality I Division of Water Resources
QE 512 worth Salisbury Street 1 1617 Mail Service Center I Raleigh. North Carolina 27699-1617
bra "-r
919.707.9000
DocuSign Envelope ID: D8D9A647-BBE2-4F55-6EDE-66C4D0054361
RxR Len Apex Owner LLC
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Individual Certification #WQC005681
Page 9 of 21
certification to account forthe additional impacts. Any such impact will be considered
cumulative to the project.
Citation: 15A NCAC 02H .0506(b)(2) and (3); 15A NCAC 02H .0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule (including, at minimum: aquatic life propagation, survival,
and maintenance of biological integrity; wildlife; secondary contact recreation; agriculture); and
that activities must not cause water pollution that precludes any best use on a short-term or
long-term basis.
7. 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.
8. Upon completion of a geotechnical report for force main crossing locations, the Permittee will
modify the design plans to require directional drill methodology be used to install the force main
below the stream bed in all locations where rock does not inhibit the ability to do so. The
Perm ittee will provide the geotechnical report and updated plans to the ❑ivision indicating which
crossing locations will be installed via directional drill and which locations will be installed via
"open cut" as approved in the Impact Table above.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: The referenced Minimum Design criteria and 02Trules 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.
9. All sewer lines shall be designed, constructed and maintained in accordance with Title 15A NCAC
Chapter 02T, applicable Minimum Design Criteria (MDC), and/or Alternative Design Criteria.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: The referenced Minimum Design criteria and 02Trules 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.
North Carolina Department ofFnvironmental Quality I Division of Water Resources
QE 512 worth Salisbury Street 1 1617 Mail Service Center I Raleigh. North Carolina 27699-1617
bra "-r
919.707.9000
DocuSign Envelope ID: D8D9A647-BBE2-4F55-6EDE-66C4D0054361
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10. 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.
11. 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.
12. 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.
13. 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
North Carolina Department ofFnvironmental Quality I Division of Water Resources
QE 512 worth Salisbury Street 1 1617 Mail Service Center I Raleigh. North Carolina 27699-1617
bra "-r
919.707.9000
DocuSign Envelope ID: D8D9A647-BBE2-4F55-BEDE-66C4D0054361
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Individual Certification #WQC005681
Page 11 of 21
avoided and minimized impacts to waters, would cause or contribute to a violation of standards
or would result in secondary or cumulative impacts.
14. 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 ❑2H .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.
15. The permittee shall have a specific plan for restoring wetland contours to pre -construction
conditions. Any excess material will be removed to a high ground disposal area.
The mixing of topsoil and subsoils within the wetlands along utility corridors shall be minimized
to the greatest extent practical. During excavation, the soils shall be placed on fabric to
minimize impacts whenever possible. Topsoil excavated from utility trenches will be piled
separately from subsoils and will be backfilled into the trench only after the subsoils have been
placed and compacted.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. In determining that the proposed activity will
comply with state water quality standards (including designated uses, numeric criteria, narrative
criteria and the state's antidegradation policy), the Division must evaluate if the activity has
avoided and minimized impacts to waters, would cause or contribute to a violation of standards or
would result in secondary or cumulative impacts.
16. 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
North Carolina Department ofFnvironmental Quality I Division of Water Resources
QE 512 worth Salisbury Street 1 1617 Mail Service Center I Raleigh. North Carolina 27699-1617
bra "r
919.707.9000
DocuSign Envelope ID: D8D9A647-BBE2-4F55-6EDE-66C4D0054361
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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.
17. 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.
18. 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.
19. 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.
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.
North Carolina Department ofFnvironmental Quality I Division of Water Resources
DE 512 worth Salisbury Street 1 1617 Mail Service Center I Raleigh. North Carolina 27699-1617
bra "-r
919.707.9000
DocuSign Envelope ID: D8D9A647-BBE2-4F55-6EDE-66C4D0054361
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20. 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 .0505(bj; 15A NCAC 02H .0507(c); 15A NG4C 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.
21. 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.
22. 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
North Carolina Department ofFnvironmental Quality I Division of Water Resources
QE 512 worth Salisbury Street 1 1617 Mail Service Center I Raleigh. North Carolina 27699-1617
bra "-r
919.707.9000
DocuSign Envelope ID: D8D9A647-BBE2-4F55-6EDE-66C4D0054361
RxR Len Apex owner LLC
DWR# 20221447 correction
Individual Certification #WQC005681
Page 14 of 21
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.
23. 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 029 ,0200
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule, and that activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12)
Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render
the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or
adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated
uses; and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units
(NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs
designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbidity
shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions,
the existing turbidity level shall not be increased.
24. 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.
North Carolina Department ofFnvironmental Quality I Division of Water Resources
DE 512 worth Salisbury Street 1 1617 Mail Service Center I Raleigh. North Carolina 27699-1617
bra "-r
919.707.9000
DocuSign Envelope ID: D8D9A647-BBE2-4F55-6EDE-66C4D0054361
RxR Len Apex owner LLC
DWR# 20221447 correction
Individual Certification #WQC005681
Page 15 of 21
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 fIoodway 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.
25. 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 028.0200; 15A NCAC 028.0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
North Carolina Department ofFnvironmental Quality I Division of Water Resources
DE 512 worth Salisbury Street 1 1617 Mail Service Center I Raleigh. North Carolina 27699-1617
bra "r
919.707.9000
DocuSign Envelope ID: D8D9A647-BBE2-4F55-6EDE-66C4D0054361
RxR Len Apex Owner LLC
DWR# 20221447 correction
Individual Certification #WQC005681
Page 16 of 21
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. If concrete is used during construction, then all necessary measures shall be taken to prevent
direct contact between uncured or curing concrete and waters of the state. Water that
inadvertently contacts uncured concrete shall not be discharged to waters of the state.
Citation: 15A 02H .0506(b), 15A NCAC 02H .0507(c); 15A NCAC 02B .0200, 15A NCAC 02B .0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12)
Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render
the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or
adversely affect the palatability 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.
27. 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.
28. 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)
North Carolina Department ofFnvironmental Quality I Division of Water Resources
Q E Q
512 worth Salisbury Street 1 1617 Mail Service Center I Raleigh. North Carolina 27699-1617
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919.707.9000
DocuSign Envelope ID: D8D9A647-BBE2-4F55-6EDE-66C4D0054361
RxR Len Apex Owner LLC
DWR# 20221447 correction
Individual Certification #WQC005681
Page 17 of 21
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.
29. Any rip -rap required for proper culvert placement, stream stabilization, or restoration of
temporarily disturbed areas shall be restricted to the area directly impacted by the approved
construction activity. All rip -rap shall be placed such that the original streambed elevation and
streambank contours are restored and maintained and shall consist of clean rock or masonry
material free of debris or toxic pollutants. Placement of rip -rap or other approved materials
shall not result in de -stabilization of the stream bed or banks upstream or downstream of the
area or be installed in a manner that precludes aquatic life passage.
Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H. 0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule, and that activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. The Division must evaluate if the
activity has avoided and minimized impacts to waters, would cause or contribute to a violation
of standards, or would result in secondary or cumulative impacts.
30. 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 028.0201
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule, and that activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. The Division must evaluate if the
activity has avoided and minimized impacts to waters, would cause or contribute to a violation
of standards, or would result in secondary or cumulative impacts.
31. All mechanized equipment operated near surface waters shall be inspected and maintained
regularly to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids, or
other toxic materials. Construction shall be staged in order to minimize the exposure of
equipment to surface waters to the maximum extent practicable. Fueling, lubrication, and
general equipment maintenance shall be performed in a manner to prevent, to the maximum
extent practicable, contamination of surface waters by fuels and oils.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 028 .0200; 15A NCAC 02B
.0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12)
North Carolina Department ofFnvironmental Quality I Division of Water Resources
QE 512 worth Salisbury Street 1 1617 Mail Service Center I Raleigh. North Carolina 27699-1617
bra "-r
919.707.9000
DocuSign Envelope ID: D8D9A647-BBE2-4F55-6EDE-66C4D0054361
RxR Len Apex Owner LLC
DWR# 20221447 correction
Individual Certification #WQC005681
Page 18 of 21
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.
32. 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 026.0231
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.
33. In accordance with 143-215.85(b), the permittee shall report any petroleum spill of 25 gallons or
more; any spill regardless of amount that causes a sheen on surface waters; any petroleum spill
regardless of amount occurring within 100 feet of surface waters; and any petroleum spill less
than 25 gallons that cannot be cleaned up within 24 hours.
Citation: 15A NCAC 02H .0507(c); N.C.G.S 143-215.85(b)
Justification: Person(s) owning or having control over oil or other substances upon notice of
discharge must immediately notify the Department, or any of its agents or employees, of the
nature, location, and time of the discharge and of the measures which are being taken or are
proposed to be taken to contain and remove the discharge. This action is required in order to
contain or divert the substances to prevent entry into the surface waters. Surface water quality
standards require that conditions of waters be suitable for all best uses provided for in state rule
(including, at minimum: aquatic life propagation, survival, and maintenance of biological
integrity; wildlife; secondary contact recreation; agriculture); and that activities must not cause
water pollution that precludes any best use on a short-term or long-term basis.
34. The permittee and their authorized agents shall conduct all activities in a manner consistent
with State water quality standards (including any requirements resulting from compliance with
§303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal
Law.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule, and that activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. The Division must evaluate if the
activity has avoided and minimized impacts to waters, would cause or contribute to a violation
of standards, or would result in secondary or cumulative impacts.
North Carolina Department ofFnvironmental Quality I Division of Water Resources
QE 512 worth Salisbury Street 1 1617 Mail Service Center I Raleigh. North Carolina 27699-1617
bra "-r
919.707.9000
DocuSign Envelope ID: D8D9A647-BBE2-4F55-6EDE-66C4D0054361
RxR Len Apex owner LLC
DWR# 20221447 correction
Individual Certification #WQC005681
Page 19 of 21
35. The perm ittee 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 .0507jcj
Justification: Those actually performing the work should be aware of the requirements of this
401 Water Quality Certification to minimize water quality impacts.
This approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in
your application shall expire upon expiration of the 404 Permit. The conditions in effect on the date of
issuance shall remain in effect for the life of the project, regardless of the expiration date of this
Certification. [15A NCAC 02H .0507[c]]
This, the 241h day of February 2023
E Docuft"ed
by:
R43C7�Tflpl3�5d3E. .
Katie Merritt, Acting Supervisor
401 & Buffer Permitting Branch
Q
�� North Carolina Department ofF.nvironmental Quality I Division ofWater Resourcesr E512 North Salisbury Street 1 1617 Mail Service Center I Raleigh. North Carolina 27699-1617
919.707.9000
DocuSign Envelope ID: D$09A847-BBE2-4F55-BEDE-66C40aC54361
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E, ROGERS. JR.
DFrecrar
NORTH CAROLINA
Environmental Quality
COMPENSATORY MITIGATION RESPONSIBILITY TRANSFER FORM
February 24, 2023
Permittee: RXR Len Apex Owner LLC DWR Project # 20221447
Project Name: Veridea Development
County: Wake
The Division has received a Statement of Availability (SOA) from Wild lands Holdings IV, LLC for the
Daniels Creek Mitigation Site (Mitigation Provider) to partially satisfy the mitigation requirements set
forth in 401 Individual Certification No. WQC005681 issued to RXR Len Apex Owner LLC, dated February
24, 2023, as provided in the table below.
Compensatory Mitigation River and 8-digit HLIC Number
Perennial Stream 1 637 linear feet (credits) Cape Fear / 03030004
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 0211. 0506(c)(7)).
Signature Authority Name (print):
Signature:
Date:
North Caroling ➢epanmem oFEnvirunmental Quality I Division of Waser Resources
f 5: 512 North Salisbury Street i 1617 Mail Service Center I Raleigh. !North Carolina 27699-1617
ry~ 919.707.90131)
DocuSign Envelope ID; D$09A847-BBE2-4F55-BEDE-66C4oaC54361
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
IZICHARD E, ROGERS, JR.
Direcrar
NORTH CAROLINA
Environmental Qualify
COMPENSATORY MITIGATION RESPONSIBILITY TRANSFER FORM
February 24, 2023
Permittee: RXR Len Apex Owner LLC DWR Project # 20221447
Project Name: Veridea Development
County: Wake
The Division has received an acceptance letter from the NC ❑ivision of Mitigation Services (DMS) to
partially satisfy the mitigation requirements set forth in 401 Individual Certification No. Certification No.
WQC005681 issued to RXR Len Apex Owner LLC, dated February 24, 2023, as provided in the table
below.
Compensatory Mitigation
River and 8-digit HUC Number
Riparian Wetland
0.35 acres (credits)
Cape Fear / 03030004
Perennial Stream
588 linear feet (credits)
Cape Fear / 03030004
The Permittee must provide a copy of this form to DMS who will then sign the form to verify receipt of
payment and the transfer of the mitigation responsibility. Once DMS 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 Division of Mitigation Services verifies that the mitigation requirements (credits) shown above will
be debited using approved released or advance credits, and for all stream or wetland credits is in
accordance with the signed/approved In -Lieu Fee Instrument dated July 28, 2010. By signing below,
DMS is accepting full responsibility for the identified mitigation. As a reminder, 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:
Q
�� Noah Carolina IJepartnienc of Enviranmenta{ Quality I ❑ivision aF Wacer Resources
D, E $it North Salisbury Street I I611 Mail Service Censer I Raleigh, North Carolina 27699-16I 1
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919.707.9000
February 6", 2024
NCDEQ —Raleigh Regional Office
3800 Barrett Drive
Raleigh, NC 27609
Re: Town of Apex
Big Branch 1 (881) Pump Station
Fast -Track Sewer Application
To whom it may concern,
Regarding the above referenced project, please find the following items:
1. One hard copy & one digital copy of the Fast Track application and supporting
documents.
2. One check for the $600.00 application fee.
This project features the installation of a quadruplex sewer pump station, 27 Lf. of 36-inch DIP
gravity sewer, and 5,531 Lf. of 20-inch C900 DR 18 PVC force main to serve the Big Branch 1
sewer basin in the southern portion of the Town of Apex's jurisdiction. The station will pump to
and manifold with a dual 20-inch forcemain to be submitted under separate cover, this dual 20-
inch forcemain continues approximately 5-miles and discharges at the Western Wake Regional
Water Reclamation Facility. There will be a separate Fast Track Application covering the gravity
sewer tributary to the B81 PS; thus, this is a zero -flow request.
If you have any questions, please do not hesitate to contact me at (910) 420-1437 or by email at
ben@ Ikcengineering.com.
Sincerely,
LKC Engineering, PLLC
Benjamin B Wibbens, P.E.
LKC Enlnneering, I'I.I.C, 140 Aqua Shed Court,
Aberdeen, North Carolina 28315
PI 1: 910/420-1437 * PAX: 910/420-1438 * License No. P-1095
April 171", 2024
Elaine Wild
NCDEQ —Raleigh Regional Office
3800 Barrett Drive
Raleigh, NC 27609
Re: Town of Apex
Big Branch 1 (BB1) Pump Station
Fast -Track Sewer Application
Response to Comments
Ms. Wild,
NC Dept of Environmental Quality
Apr 17 2024
Raleigh Regional Office
Regarding the above referenced project, this letter addresses comments provided on March
281", 2024 from your initial review of the Fast Track application and supporting documents.
Please find the following items included with this transmittal:
One digital copy of the updated Fast Track Application.
One digital copy of the updated USGS map and Aerial map.
One digital copy of the engineering plans for the subject project.
For clarity, all comments are shown below with responses bold and italicized under each:
1. Is this an ARPA funded project? If so, please include the DWI assigned ARPA project number in
your response.
This is not an ARPA funded project.
While reviewing the application, I noticed that Shawn Purvis is listed as the Interim Town
Manager with the Town of Apex, however, our records do not indicate that Shawn Purvis has
Signatory Authority for the Town of Apex. Please submit the Delegation of Signatory Authority
form to the Department so that we can ensure that Shawn has the authority to sign the
submitted Fast Track Application, please also email me a copy of the signed form so that I can
attach it to this application while NCDEQ is processing the form. Forms and Reports I NC DEQ a
Delegation of Signatory Authority Notification Form (Fillable WORD doc)
Revised FTA is signed by Assistant Manager Marty Stone, per email on 4111— Marty is already
an authorized signatory.
LKC Engineering, PLLC, 140 Aqua Shed Court,
Aberdeen, North Carolina 28315
PH: 910/420-1437 * FAX: 910/420-1438 * License No. P-1095
The collection system owner listed in Section V.3. of the FTA, is the Town of Apex. However
Permit No. WQCS00013 is for the Cary Collection System. Please update this section
accordingly.
Updated to Town of Apex Collection System ID WQCS00064, the receiving sewer will be the 20-
inch forcemain owned by the Town of Apex.
4. According to Section V1.8., this is a zero flow project. Please provide the following information,
which can be included in the narrative.
a. Detailed written justification for a dry line extension as to why the infrastructure cannot
wait to be built until closer to when it's actually needed or until the downstream force
main is completed.
This permit is a zero flow permit request because the infrastructure covered under this
permit does not capture any additional sewer flow. This specific permit request is only
for a pump station and corresponding force main.
Not included in this permit, but being designed and constructed on a similar schedule,
are lengthy and sizeable gravity sewer lines to serve the proposed residential,
commercial, and industrial developments in the Apex Big Branch 1 sewershed. Apex
issues their own sewer permits for gravity sewers, so the gravity sewer lines that will
connect to this pump station are not submitted to DEQ as a fast -track permit.
It is anticipated that sewer flows will be directed to the new pump station and force
main, through the gravity sewer lines permitted by Apex, immediately after the Big
Branch 1 pump station is completed.
Regarding the downstream force main, this is being permitted as a fast -track permit
submitted by Apex/Hazen & Sawyer as part of the Big Branch 2 pump station and
force main projects. Construction of all these projects will occur simultaneously.
r FA
c+im(9R. .)
Removed via email312812024
Removed via email312812024
Information regarding when the extension/permit mod to incorporate flow is expected
to be made, including what the expected design flow will be so we can verify that it is
sized correctly.
The gravity sewer outfalls and collection system lines that will bring flow to the Big
Branch 1 pump station are being permitted by the Town of Apex currently.
Details as to how the permittee will ensure that no one ties onto this line without a
permit as well as how it will be valved off from the system to prevent any introduction
of wastewater.
The Big Branch 1 pump station in this project consists of a sizeable pump station inside
a perimeter fence. The fence will be locked with access controlled by Apex. No one
would be able to connect to the pump station without permission from Apex.
The proposed 20"force main will be owned by Apex. No one could lawfully connect to
the force main without permission by Apex.
d. A digital copy of the design plans showing the dry line and its relationship to any other
sewers, as well as any valves/plugs per the comment above.
Attached is a complete plan set for reference.
5. Since this is a quadraplex pump station, please update the narrative to include a description of
the pump station including design and operational capacities for each pump.
Updated narrative below.
According to Section VIII.3, there are 4 pumps but Section VIII.4 only indicates 3. Please
provide the operational points and TDH for each pump.
Corrected to show all 4 pumps, originally left one high flow pump off this section to
depict firm capacity.
Additionally, please verify that the firm capacity for each of the 4 pumps is 8.30592
MGD since there is only one value indicated but there are 4 pumps at different
operational rates.
Updated narrative below.
6. The project appears to cross several wetlands and streams. Please briefly describe the
stream/wetland crossings and other stream and/or wetland impacts from this project? Are any
of the crossings aerial?
The only stream impact related to the sewer is the forcemain crossing at approx. STA 4+00 on
Sheet FM1.1, the crossing is permitted as an open cut installation under SAW-2010-01907
There are no aerial crossings in the project.
Please provide the Certification/ID Number and status for the 401/404 authorization as
required in Section IX.5. of the FTA. This information can be provided in the narrative.
This project is part of the scope under approved individual permit #. SAW-2010-01907.
7. The topographical and aerial map submitted 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 and an
aerial map should be included with the application. The maps need 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.
Please provide the required maps according to the application requirements.
Attached are updated topographical and aerial maps depicting the proposed project.
Protect Narrative
This project features the installation of a quadruplex sewer pump station, 27 I.f. of 36-inch DIP gravity
sewer, and 5,531 I.f. of 20-inch C900 DR 18 PVC force main to serve the Big Branch 1 sewer basin in the
southern portion of the Town of Apex's jurisdiction. The station will pump to and manifold with a dual
20-inch forcemain, submitted as a separate fast track permit application by Apex / Hazen & Sawyer.
This dual 20-inch forcemain continues approximately 5-miles and discharges at the Western Wake
Regional Water Reclamation Facility.
The station will feature four submersible pumps. When the pumps operate individually the design
conditions are as follows:
Pump #1 & #4 (Smaller): 2,000 gpm @ 152' TDH
Pump #2 & #3 (Larger): 2,100 gpm @ 226' TDH
With one of the larger pumps out of service, the remaining three operating together in parallel pump
5,768 gpm, a firm capacity of 8.31 MGD peak daily flow.
This permit is a zero -flow permit request because the infrastructure covered under this permit does not
capture any additional sewer flow. This specific permit request is only for a pump station and
corresponding force main. Not included in this permit, but being designed and constructed on a similar
schedule, are lengthy and sizeable gravity sewer lines to serve the proposed residential, commercial,
and industrial developments in the Apex Big Branch 1 sewershed. Apex issues their own sewer permits
for gravity sewers, so the gravity sewer lines that will connect to this pump station are not submitted to
DEQ as a fast -track permit. It is anticipated that sewer flows will be directed to the new pump station
and force main, through the gravity sewer lines permitted by Apex, immediately after the Big Branch 1
pump station is completed. Regarding the downstream force main, this is being permitted as a fast -track
permit submitted by Apex / Hazen & Sawyer as part of the Big Branch 2 pump station and force main
projects. Construction of all these projects will occur simultaneously.
If you have any questions, please do not hesitate to contact me at (910) 420-1437 or by email at
ben@ LKCengineering.com.
Sincerely,
LKC Engineering, PLLC
Benjamin B Wibbens, P.E.
From:
Ben Wibbens
To:
Wild. Elaine; martv.stone(@apexnc.oro
Cc:
Barnes. Jesse S; Adam Kiker; Michael Deaton
Subject:
RE: [External] RE: Big Branch 1 PS —Additional Information Request
Date:
Monday, April 29, 2024 10:27:28 AM
Attachments:
imaae001.Dna
image003.Dno
imaoe004.Dno
image006.png
imaoe007.Dno
image005.png
20221447 Ver 1 Corrected 401 Approval Letter 20230303.pdf
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Good Morning Elaine,
Apologies for the confusion on both of these comments, see my responses in red below.
Please provide the DWR# associated with the 401 Certification. If you are unable to locate it, please
send a copy of the 401 certification so that I can verify the project area associated with the 401 and
the FTA.
DWR # 20221447 corrected, see attached permit for reference.
Additionally, please update the narrative with the information described in your 04/23/24 email
related to the pump capacities, that way the FTA does not need to be updated.
Updated the narrative accordingly, see below. Highlighted section has been edited.
This project features the installation of a quadruplex sewer pump station, 27 I.J. of 36-
inch DIP gravity sewer, and 5,531 Lf. of 20-inch C900 DR 18 PVC force main to serve
the Big Branch 1 sewer basin in the southern portion of the Town of Apex's
jurisdiction. The station will pump to and manifold with a dual 20-inch forcemain,
submitted as a separate fast track permit application by Apex / Hazen & Sawyer. This
dual 20-inch forcemain continues approximately 5-miles and discharges at the
Western Wake Regional Water Reclamation Facility.
The station will feature four submersible pumps, two larger & two smaller pumps. With
one of the larger pumps out of service, the remaining three operating together in
parallel pump 5,768 gpm, a firm capacity of 8.31 MGD peak daily flow. The station is
designed to flow pace by utilizing variable frequency drives to reduce pumping rate to
match the influent flow, therefore the pumps will operate between 1,250 gpm to 3,600
gpm individually at varying speeds. However, when operating at full speed, the build -
out pump conditions are as follows:
Pump #1 & #4 (Smaller): 2,450 gpm @ 133' TDH
Pump #2 & #3 (Larger): 3,600 gpm @ 165' TDH
This permit is a zero -flow permit request because the infrastructure covered under this
permit does not capture any additional sewer flow. This specific permit request is only
for a pump station and corresponding force main. Not included in this permit, but
being designed and constructed on a similar schedule, are lengthy and sizeable gravity
sewer lines to serve the proposed residential, commercial, and industrial
developments in the Apex Big Branch 1 sewershed. Apex issues their own sewer
permits for gravity sewers, so the gravity sewer lines that will connect to this pump
station are not submitted to DEQ as a fast -track permit. It is anticipated that sewer
flows will be directed to the new pump station and force main, through the gravity
sewer lines permitted by Apex, immediately after the Big Branch 1 pump station is
completed. Regarding the downstream force main, this is being permitted as a fast -
track permit submitted by Apex / Hazen & Sawyer as part of the Big Branch 2 pump
station and force main projects. Construction of all these projects will occur
simultaneously.
Please let us know if you need anything else.
Thank You,
Ben Wibbens, P.E.
LKC Engineering, PLLC
140 Aqua Shed Court
Aberdeen, NC 28315
Office:: (91 4986-037
Mobile: (910) 986-0353
From: Wild, Elaine <elaine.wild@deq.nc.gov>
Sent: Monday, April 29, 2024 9:19 AM
To: Ben Wibbens <ben@lkcengineering.com>; marty.stone@apexnc.org
Cc: Barnes, Jesse S <jesse.barnes@deq.nc.gov>; Adam Kiker <adam@lkcengineering.com>; Michael
Deaton <Michael.Deaton@apexnc.org>
Subject: RE: [External] RE: Big Branch 1 PS —Additional Information Request
Good Morning Ben,
Please provide the DWR# associated with the 401 Certification. If you are unable to locate it, please
send a copy of the 401 certification so that I can verify the project area associated with the 401 and
the FTA.
Additionally, please update the narrative with the information described in your 04/23/24 email
related to the pump capacities, that way the FTA does not need to be updated.
Please provide the above information by May 6, 2024, and note that the requested information
must be submitted by this date, or the applicant will be required to submit a new application and
application fee in accordance with 15A NCAC 02T .0107.
Thank you,
Elaine Wild
Environmental Engineer
Division of Water Resources — NPDES Industrial Permitting Unit
North Carolina Department of Environmental Quality
elaine.wild(@deq.nc.gov
Email correspondence to and horn this address is subject to the North
Carolina Public Records Law and may be disclosed to third parties.
Water Quality Permitting I NC DEQ
Permitting Process I NC DEQ
From: Ben Wibbens <ben(@Ikcengineering.com>
Sent: Tuesday, April 23, 2024 8:08 AM
To: Wild, Elaine <elaine.wild(@deq.nc.gov>; marty.stone(6)apexnc.org
Cc: Barnes, Jesse S <iesse.barnes(L�deq.nc.gov>; Adam Kiker <adamPlkcengineering.com>; Michael
Deaton <Michael.Deaton(d)apexnc.org>
Subject: RE: [External] RE: Big Branch 1 PS —Additional Information Request
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Good Morning Elaine,
Thanks for the quick review, here is the additional information requested:
1. Additional information on 401/404 permit numbers: 401 Certification #WQC005681
2. Clarification of pumping rates: the discrepancy in pumping rates you mentioned is due to the
nature of a single pump operating by itself versus three pumps operating in parallel. The
pumping rates in the narrative are each pump operating alone while the firm capacity and
pumping rates in Section VIII are calculated as two small and one large pump operating
together in parallel at full speed (largest pump out of service). Do we need to update anything
in the application related to this?
Thank You,
Ben Wibbens, P.E.
LKC Engineering, PLLC
9'
140 Aqua Shed Court
Aberdeen, NC 28315
Office: (910) 420-1437
MA Mobile: (910) 986-0353
From: Wild, Elaine <elaine.wild(@deq.nc. ov>
Sent: Monday, April 22, 2024 8:01 AM
To: Ben Wibbens <ben(@Ikcengineering.com>; marty.stonePapexnc.org
Cc: Barnes, Jesse S <iesse.barnes(@deq.nc.gov>; Adam Kiker <adam(L-Dlkcengineering.com>; Michael
Deaton <Michael.Deaton(@apexnc.org>
Subject: RE: [External] RE: Big Branch 1 PS —Additional Information Request
Hello Ben and Marty,
Please see my comment responses below in red. Please provide the following information by aril
29, 2024, and note that the requested information must be submitted by this date, or the applicant
will be required to submit a new application and application fee in accordance with 15A NCAC 02T
.0107.
Best Regards,
Elaine Wild
Environmental Engineer
Division of Water Resources — NPDES Industrial Permitting Unit
North Carolina Department of Environmental Quality
elaine.wild(@deq.nc.gov
Email correspondence Ic and Gram this address is subject to the No*
Carolina Public Records Law and may be disclosed to third parties.
Water Quality Permitting I NC DEQ
Permitting Process I NC DEQ
From: Ben Wibbens <ben(5)lkcengineering.com>
Sent: Wednesday, April 17, 2024 11:02 AM
To: Wild, Elaine <elaine.wild(@deq.nc.gov>; Michael Deaton <Michael.Deaton Papexnc.org>
Cc: Barnes, Jesse S <iesse.barnes(@deq.nc.gov>; Adam Kiker <adampIkcengineering.com>
Subject: RE: [External] RE: Big Branch 1 PS —Additional Information Request
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Good Morning Elaine,
See attached documents, revised in response to your comments. The attached cover letter breaks
down responses to each individual comment.
The plan set for this project is fairly large, here is a ShareFile link to download:
https: //I kcengi neeri ng.sha refi le.com/pu bl i c/sha re/web-s66109f3gfS01487597fc7f3a7fleSc3O
Please let us know if you have any questions or if there is any additional information required for
approval.
Thank You,
LL_Jf Ben Wibbens, P.E.
LKC Engineering, PLLC
140 Aqua Shed Court
Aberdeen, NC 28315
Office: (910)37
Mobile: (910) 986-0986-0353
From: Wild, Elaine <elaine.wild(@deq.nc.gov>
Sent: Thursday, April 11, 2024 11:54 AM
To: Ben Wibbens <ben(tIkcengineering.com>; Michael Deaton <Michael.Deaton Papexnc.org>
Cc: Barnes, Jesse S <iesse.barnes(5)deq.nc.gov>; Adam Kiker <adam(@Ikcengineering.com>
Subject: RE: [External] RE: Big Branch 1 PS —Additional Information Request
IYou don't often get email from elaine.wild(d)deq.nc.aov. Learn why this is important
Hello Ben and Mike,
Apologies for the late reply, I have been out of the office. According to our records Marty Stone,
William Beattie, Mike Deaton, and David Hughes have signatory authority for the Town of Apex.
Since Marty Stone is the Assistant Town Manager and already has signature authority, he is able to
sign the Delegation of Signatory Authority Notification Form as the Authorized Signing Official to add
Shawn Purvis to the list. The other option is to have one of the four individuals who already have the
authority, sign the FTA.
Thank you,
Elaine Wild
Environmental Engineer
Division of Water Resources — NPDES Industrial Permitting Unit
North Carolina Department of Environmental Quality
elaine.wild(@deq.nc.gov
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Email correspondence to and from this address is subject to the North
Carolina Rubfic Records taw and may be disclosed to third parties.
Water Quality Permitting I NC DEQ
Permitting Process I INC DEQ
From: Ben Wibbens <ben(oMcengineering.com>
Sent: Thursday, April 11, 2024 11:37 AM
To: Michael Deaton <Michael.Deaton(@apexnc.org>; Wild, Elaine <elaine.wild(@deq.nc.gov>
Cc: Barnes, Jesse S <iesse.barnes(5)deq.nc.gov>; Adam Kiker <adam(@Ikcengineering.com>
Subject: [External] RE: Big Branch 1 PS —Additional Information Request
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Morning Elaine,
We are working on responses to your comments by the April 27th deadline. Regarding Mike's email
below, who is the authorized signatory authority for Apex? If there is already somebody on file,
maybe we don't need to complete the Delegation of Signatory Authority form?
Thank You,
Ben Wibbens, P.E.
LKC Engineering, PLLC
140 Aqua Shed Court
Aberdeen, NC 28315
Office: (910) 420-1437
CA Mobile: (910) 986-0353
From: Michael Deaton <Michael.Deaton�apexnc.org>
Sent: Thursday, April 4, 2024 8:05 AM
To: elaine.wildPdeq.nc.gov
Cc: Ben Wibbens <ben�lkcengineeringcom>; iesse.barnes�deq.ncgov
Subject: FW: Big Branch 1 PS —Additional Information Request
Good morning Elaine. I'm working with Ben on this project and will help him address some of your
comments. I'm curious who you currently have in your files as having signatory authority for Apex.
Thanks,
Mike Deaton, PE
Water Resources Director
Town of Apex, NC
919-249-3413
www.apexnc.ora I Facebook I Twitter I Instaaram I VouTube
Pleose note that email sent to and from this address is subject to the N.C. Public Records Low and moy be disclosed to third parties.
From: Wild, Elaine <elaine.wild(@deq.nc.gov>
Sent: Thursday, March 28, 2024 10:00 AM
To: Shawn Purvis <Shawn.Purvis(@apexnc.org>; Ben Wibbens <ben(@lkcengineering.com>
Cc: Marty Stone <Marty.Stone(3)apexnc.org>; Barnes, Jesse S <jesse.barnesC@deq.nc.gov>
Subject: RE: Big Branch 1 PS —Additional Information Request
Hello All,
It was brought to my attention that the Big Branch 2 PS project was submitted in November 2023
and is still being reviewed by the Raleigh Regional Office. I have updated the information request
below, please disregard any items that have a strikethrough. Apologies for the confusion.
Best Regards,
Elaine Wild
Environmental Engineer
Division of Water Resources — NPDES Industrial Permitting Unit
North Carolina Department of Environmental Quality
elaine.wild(@deq.nc.gov
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Water Quality Permitting I NC DEQ
Permitting Process I NC DEQ
From: Wild, Elaine
Sent: Thursday, March 28, 2024 9:49 AM
To: Purvis, Shawn; ben PLKCengineering.com
Cc: marty.stoneCLDapexnc.org; Barnes, Jesse S <iesse.barnesPc1eq.nc.gov>
Subject: Big Branch 1 PS —Additional Information Request
Hello Shawn and Ben,
After reviewing the Fast Track Sewer System Extension Application for Big Branch 1 PS, additional
information is required in order to further process the application. Please provide the following
information by April 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. — Provided as part of 04/17/24 add info response
2. While reviewing the application, I noticed that Shawn Purvis is listed as the Interim Town
Manager with the Town of Apex, however, our records do not indicate that Shawn Purvis has
Signatory Authority for the Town of Apex. Please submit the Delegation of Signatory
Authority form to the Department so that we can ensure that Shawn has the authority to sign
the submitted Fast Track Application, please also email me a copy of the signed form so that I
can attach it to this application while NCDEQ is processing the form. —Addressed as part of
04/17/24 add info response
Forms and Reports I INC DEQ a Delegation of Signatory Authority Notification Form (Fillable
WORD doc)
3. The collection system owner listed in Section V.3. of the FTA, is the Town of Apex. However
Permit No. WQCS00013 is for the Cary Collection System. Please update this section
accordingly. — Corrected as part of 04/17/24 add info response
4. According to Section V1.8., this is a zero flow project. Please provide the following
information, which can be included in the narrative. — Completed as part of 04/17/24 add info
response
a. Detailed written justification for a dry line extension as to why the infrastructure
cannot wait to be built until closer to when it's actually needed or until the
downstream force main is completed.
b. Information regarding when the extension/permit mod to incorporate flow is expected
to be made, including what the expected design flow will be so we can verify that it is
sized correctly.
c. Details as to how the permittee will ensure that no one ties onto this line without a
permit as well as how it will be valved off from the system to prevent any introduction
of wastewater.
d. A digital copy of the design plans showing the dry line and its relationship to any other
sewers, as well as any valves/plugs per the comment above.
5. Since this is a quadraplex pump station, please update the narrative to include a description
of the pump station including design and operational capacities for each pump. — According to
the narrative, there are two pumps at 2,000 GPM with 152' TDH and two pumps at 2,100
GPM with 226' TDH, but the application states two pumps at 3,164 GPM and two pumps at
1,302 GPM with 183' TDH. Please correct and resubmit the appropriate documents.
a. According to Section V111.3, there are 4 pumps but Section V111.4 only indicates 3.
Please provide the operational points and TDH for each pump. — Please see above #5
comment.
b. Additionally, please verify that the firm capacity for each of the 4 pumps is 8.30592
MGD since there is only one value indicated but there are 4 pumps at different
operational rates. — Please see above #5 comment.
6. The project appears to cross several wetlands and streams. Please briefly describe the
stream/wetland crossings and other stream and/or wetland impacts from this project? Are
any of the crossings aerial? — Provided as part of 04/17/24 add info response
a. Please provide the Certification/ID Number and status for the 401/404 authorization as
required in Section IX.5. of the FTA. This information can be provided in the narrative.
—Thank you for providing the 404 Authorization No. SAW-2010-01907. Please provide
the 401 DWR authorization number associated with this project.
7. The topographical and aerial map submitted 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 and an
aerial map should be included with the application. The maps need 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. Please provide the required maps according to the application requirements. —
Provided as part of 04/17/24 add info response
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 Storm water Fees, Section 12.14(a)].
Sincerely,
Elaine Wild
Environmental Engineer
Division of Water Resources — Industrial Permitting Unit
North Carolina Department of Environmental Quality
elaine.wildPdeq.nc.gov
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subchapter t 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.