HomeMy WebLinkAbout20231393 Ver 2_Approval Letter_20240523 (2)DocuSign Envelope ID: 62CFD5D2-C683-4DE8-9608-499F9B9771 FA
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
May 23, 2024
DWR # 20231393 V2
Wake County
Dependable Development Inc.
Attn: Jon Ward
2649 Brekonridge Centre Drive
Monroe, NC 28110
Delivered via email to: iward(@truehomesusa.com
Subject: Approval of Individual 401 Water Quality Certification
Edwards Property
USACE Action ID. No. SAW-2023-01986
Dear Jon Ward:
Attached hereto is a copy of Certification No. WQC006867 issued to Jon Ward and Dependable
Development Inc., dated May 23, 2024. This approval is for the purpose and design described in
your application. The plans and specifications for this project are incorporated by reference as part
of this Water Quality Certification. If you change your project, you must notify the Division and you
may be required to submit a new application package with the appropriate fee. If the property is
sold, the new owner must be given a copy of this Certification and is responsible for complying with
all conditions. [15A NCAC 02H .0507(d)(2)].
This Water Quality Certification does not relieve the permittee of the responsibility to obtain all other
required Federal, State, or Local approvals before proceeding with the project, including those required
by, but not limited to, Sediment and Erosion Control, Non -Discharge, Water Supply Watershed, and
Trout Buffer regulations.
This Water Quality Certification neither grants nor affirms any property right, license, or privilege in any
lands or waters, or any right of use in any waters. This Water Quality Certification does not authorize
any person to interfere with the riparian rights, littoral rights, or water use rights of any other person
and does not create any prescriptive right or any right of priority regarding any usage of water. This
Water Quality Certification shall not be interposed as a defense in any action respecting the
determination of riparian or littoral rights or other rights to water use. No consumptive user is deemed
by virtue of this Water Quality Certification to possess any prescriptive or other right of priority with
respect to any other consumptive user.
Upon the presentation of proper credentials, the Division may inspect the property.
NORTH CAROL NA ��v
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North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609
919.791.4200
DocuSign Envelope ID: 62CFD5D2-C683-4DE8-9608-499F9B9771 FA
Edwards Property
DWR# 20231393 V2
Individual Certification #WQC006867
Page 2 of 14
This Water Quality Certification shall expire on the same day as the expiration date of the corresponding
Section 404 Permit. The conditions shall remain in effect for the life of the project, regardless of the
expiration date of this Water Quality Certification.
Non-compliance with or violation of the conditions herein set forth may result in revocation of this
Water Quality Certification for the project and may also result in criminal and/or civil penalties.
If you are unable to comply with any of the conditions of this Water Quality Certification you must notify
the Raleigh Regional Office within 24 hours (or the next business day if a weekend or holiday) from the
time the permittee becomes aware of the circumstances.
The permittee shall report to the Raleigh Regional Office any noncompliance with, and/or any violation
of, stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment impacts to
streams or wetlands. Information shall be provided orally within 24 hours (or the next business day if a
weekend or holiday) from the time the permittee became aware of the non-compliance circumstances.
This approval and its conditions are final and binding unless contested [G.S. 143-215.5].
This Certification can be contested as provided in Chapter 150B of the North Carolina General Statutes by
filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative
Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter
150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code.
Additional information regarding requirements for filing a Petition and Petition forms may be accessed at
http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000.
A party filing a Petition must serve a copy of the Petition on:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
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 Joe Myers at 919-791-4256 or ioseph.myers@deg.nc.gov if you have any
questions or concerns.
Sincerely,
gDocuSigned by: ' I
372DCBCB61EE4A8...
Michael Hall
Regional Supervisor
Division of Water Resources, Raleigh Regional Office
Department of Environmental Quality
North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609
NORT CAROIINA 919.791.4200
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DocuSign Envelope ID: 62CFD5D2-C683-4DE8-9608-499F9B9771 FA
Edwards Property
DWR# 20231393 V2
Individual Certification #WQC006867
Page 3 of 14
Electronic cc: Jeff Harbor (Jeff. Harbor@terracon.com)
Matthew Martin, USACE Raleigh Regulatory Field Office
Gabriela Garrison, NCWRC
DWR 401 & Buffer Permitting Branch Electronic file
Filename: 20231393_Edwards Property_IP29_Wake.docx
D � �'�7North Carolina Department of Environmental Quality I Division of Water Resources
v Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609
NpR'VI CAROI\A ^' 919.791.4200
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DocuSign Envelope ID: 62CFD5D2-C683-4DE8-9608-499F9B9771 FA
Edwards Property
DWR# 20231393 V2
Individual Certification #WQC006867
Page 4 of 14
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #WQC006867 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 Jon Ward and Dependable Development Inc., who have authorization for the
impacts listed below, as described within your application received by the N.C. Division of Water
Resources (Division) on March 29, 2024, and by Public Notice issued by the Division on April 3, 2024.
The State of North Carolina certifies that this activity will comply with water quality requirements and
the applicable portions of Sections 301, 302, 303, 306, 307 of the Public Laws 92-500 and PL 95-217 if
conducted in accordance with the application, the supporting documentation, and conditions
hereinafter set forth.
The following impacts are hereby approved. No other impacts are approved, including incidental
impacts. [15A NCAC 02H .0506(b)]
Type of Impact
Amount Approved
Permanent
Amount Approved
Temporary
Mitigation
Amount
Required
Intermittent Streams
S1: Road Crossing —Culvert
Impact Area 3
131 linear feet
0 linear feet
0 credits
S2: Rip Rap — Fill — Impact Area 3
41 linear feet
0 linear feet
0 credits
Totals:
172 linear feet
0 linear feet
0 credits
Riparian Wetlands
W1: Wetland 3 - Road Widening
0.010 acres
0 acres
0.010 credits
W2: Wetland 1— Road Fill
0.200 acres
0 acres
0.200 credits
W3: Wetland 5 — Sewer Easement
- Conversion
0.100 acres
0 acres
0 credits
Totals:
0.310 acres
0 acres
0.210 credits
This approval requires you to follow the conditions listed in the certification below.
CONDITIONS OF CERTIFICATION [15A NCAC 02H .0507(c)]:
Mitigation must be provided for the proposed impacts as specified in the table below. The
attached Compensatory Mitigation Responsibility Transfer Form (Form) shall be completed and
provided to the Division prior to any impacts occurring. If the Mitigation Provider specified on
the attached Form(s) for the proposed impacts changes after issuance of this Certificate, then
the Permittee shall request a revised Compensatory Mitigation Responsibility Transfer Form
from the Division prior to conducting any impacts.
Compensatory Mitigation Required
River and Sub -basin Number
Wetland
0.210 acres (credits)
Neuse River Basin / 03020201
Outside Falls Watershed
Citation: 15A NCAC 02H .0506(c); 15A NCAC 02H .0507(c)
North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609
NORT CAROIINA 919.791.4200
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DocuSign Envelope ID: 62CFD5D2-C683-4DE8-9608-499F9B9771 FA
Edwards Property
DWR# 20231393 V2
Individual Certification #WQC006867
Page 5 of 14
Appropriate measures should be installed prior to any land clearing activities to protect
wetlands, streams, and/or buffers from turbidity and/ or sedimentation. These measures
should be routinely inspected and properly maintained, and excavated materials should be
contained outside wetland, stream, and/or buffer boundaries. Excessive silt and sediment loads
can have numerous detrimental effects on aquatic resources including destruction of spawning
habitat, suffocation of eggs, and clogging of gills of aquatic species.
Citation: 15A NCAC 02H .0506 (b)(1) and (2)
Upon completion of the jack and bore impacts to Buffalo Creek, referred to as Impact Area 4 in
the PCN dated March 29th, 2024, please send upstream and downstream photographs to
document correct installation to the North Carolina Division of Water Quality Raleigh Regional
Office. Please send the photos to Joseph. Myers@deq.nc.gov.
Citation: 15A NCAC 02H .0506 (b)(1) and (2)
ACTIVITY SPECIFIC CONDITIONS:
4. If this Water Quality Certification is used to access residential, commercial or industrial building
sites, then all parcels owned by the permittee that are part of the single and complete project
authorized by this Certification must be buildable without additional impacts to streams or
wetlands.
Citation: 15A NCAC 02H .0502{a};15A NCAC 02H .0506{b); 15A NCAC 02H .0507{c)
5. For road construction purposes, this Certification shall only be utilized from natural high ground
to natural high ground.
Citation: 15A NCAC 02H .0502{a};15A NCAC 02H .0506{b); 15A NCAC 02H .0507{c)
Deed notifications or similar mechanisms shall be placed on all lots/parcels with retained
jurisdictional wetlands, waters, and state regulated riparian buffers within the project
boundaries in order to assure compliance with NC Water Quality Certification Rules 115A NCAC
02H .0500), NC Isolated Wetland Rules 115A NCAC 02H .1300), and/or State Regulated Riparian
Buffer Rules (15A NCAC 02B .0200). These mechanisms shall be put in place at the time of
recording of the property or individual parcels, whichever is appropriate.
Citation: 15A NCAC 02H .0502{a};15A NCAC 02H .0506{b); 15A NCAC 02H .0507{c)
If this Water Quality Certification is used for utility related impacts, then the following Activity
Specific Conditions shall apply to those impacts.
a. All sewer lines shall be designed, constructed and maintained in accordance with Title 15A
NCAC Chapter 02T, applicable Minimum Design Criteria (MDC), and/or Alternative Design
Criteria.
Citation: 15A NCAC 02H .0506{b); 15A NCAC 02H .0507{c)
b. Any utility construction corridor that is parallel to a stream or open water shall not be closer
than 10 feet to the top of bank or ordinary high-water mark.
North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609
NORT CAROIINA 919.791.4200
oawm�em m �m��me�mi o�ei�
DocuSign Envelope ID: 62CFD5D2-C683-4DE8-9608-499F9B9771 FA
Edwards Property
DWR# 20231393 V2
Individual Certification #WQC006867
Page 6 of 14
Citation: 15A NCAC 02H .05061b); 15A NCAC 02H .05071c)
c. Where there are temporary or permanent impacts from stream crossings, utility lines shall
cross the stream channel at a near -perpendicular direction (i.e., between 75 degrees and
105 degrees to the stream bank).
Citation: 15A NCAC 02H .05061b); 15A NCAC 02H .05071c)
d. Construction corridors in wetlands and/or across stream channels shall be minimized to the
maximum extent practicable and shall not exceed 40 feet wide for utility lines.
For construction corridors in wetlands and across stream channels, stumps shall be grubbed
only as needed to install the utility and remaining stumps shall be cut off at grade level. The
general stripping of topsoil within wetlands along the construction corridor is prohibited.
Citation: 15A NCAC 02H .05061b); 15A NCAC 02H .05071c)
e. Permanent maintained access corridors in wetlands and across stream channels shall be
restricted to the minimum width practicable and shall not exceed 30 feet wide except at
manhole locations.
Citation: 15A NCAC 02H .05061b); 15A NCAC 02H .05071c)
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 .05061b); 15A NCAC 02H .05071c)
g. The permittee shall have a specific plan for restoring wetland contours to pre -construction
conditions. Any excess material will be removed to a high ground disposal area.
The mixing of topsoil and subsoils within the wetlands along utility corridors shall be
minimized to the greatest extent practical. During excavation, the soils shall be placed on
North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609
NORT CAROIINA 919.791.4200
oawm�em m �m��me�mi o�ei�
DocuSign Envelope ID: 62CFD5D2-C683-4DE8-9608-499F9B9771 FA
Edwards Property
DWR# 20231393 V2
Individual Certification #WQC006867
Page 7 of 14
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 .05061b); 15A NCAC 02H .05071c)
GENERAL CONDTIONS:
The Permittee shall secure an approved stormwater management plan (SMP) from the Local
Government before any impacts authorized in this certification occur. The applicable portion of
the approved SMP shall be constructed and operational before any permanent building or other
permanent structure is occupied at the site. If any of the SCMs are used as an Erosion and
Sediment Control device, it must be restored to the approved stormwater design condition
within 30 days of close-out of the Erosion and Sediment Control Plan.
The permittee shall report to the DWR Raleigh Regional Office any noncompliance with, and/or
any violation of, stream or wetland standards [15A NCAC 02B .0200], including but not limited to
sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours (or
the next business day if a weekend or holiday) from the time the permittee became aware of the
non-compliance circumstances.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
10. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the footprint
of the approved impacts (including temporary impacts).
Citation: 15A NCAC 02H .0506; 15A NCAC 02H .0507(c)
11. All activities shall be in compliance with any applicable State Regulated Riparian Buffer Rules in
Chapter 2B of Title 15A in the North Carolina Administrative Code.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
12. When applicable, all construction activities shall be performed and maintained in full
compliance with G.S. Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973).
Regardless of applicability of the Sediment and Pollution Control Act, all projects shall
incorporate appropriate Best Management Practices for the control of sediment and erosion so
that no violations of state water quality standards, statutes, or rules occur.
Design, installation, operation, and maintenance of all sediment and erosion control measures
shall be equal to or exceed the requirements specified in the most recent version of the North
Carolina Sediment and Erosion Control Manual, or for linear transportation projects, the North
Caroline Department of Transportation Sediment and Erosion Control Manual.
All devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) sites,
including contractor -owned or leased borrow pits associated with the project. Sufficient
materials required for stabilization and/or repair of erosion control measures and stormwater
routing and treatment shall be on site at all times.
North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609
NORT CAROIINA 919.791.4200
oawm�em m �m��me�mi o�ei�
DocuSign Envelope ID: 62CFD5D2-C683-4DE8-9608-499F9B9771 FA
Edwards Property
DWR# 20231393 V2
Individual Certification #WQC006867
Page 8 of 14
For borrow pit sites, the erosion and sediment control measures shall be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Surface Mining Manual. Reclamation measures and implementation shall comply with the
reclamation in accordance with the requirements of the Sedimentation Pollution Control Act
and the Mining Act of 1971.
If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs), SA, WS-
I, WS-II, High Quality Waters (HQW), or Outstanding Resource Waters (ORW), then the
sedimentation and erosion control designs shall comply with the requirements set forth in 15A
NCAC 0413.0124, Design Standards in Sensitive Watersheds.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCACO28 .0200; 15A NCAC 02B
.0231
13. Sediment and erosion control measures shall not be installed in wetland or waters except within
the footprint of temporary or permanent impacts otherwise authorized by this Certification. If
placed within authorized impact areas, then placement of such measures shall not be conducted
in a manner that results in dis-equilibrium of any wetlands, streambeds, or streambanks. Any
silt fence installed within wetlands shall be removed from wetlands and the natural grade
restored within two (2) months of the date that DEMLR or locally delegated program has
released the specific area within the project to ensure wetland standards are maintained upon
completion of the project.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 028 .0200; 15A NCAC 02B
.0231
14. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used
along streambanks or within wetlands.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
15. If the project is covered by NPDES Construction Stormwater Permit Number NCGO10000 or
NPDES Construction Stormwater Permit Number NCG250000, full compliance with permit
conditions including the erosion & sedimentation control plan, inspections and maintenance,
self -monitoring, record keeping and reporting requirements is required.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 028 .0200; 15A NCAC 02B
.0231
16. All work in or adjacent to streams shall be conducted so that the flowing stream does not come
in contact with the disturbed area. Approved best management practices from the most current
version of the NC Sediment and Erosion Control Manual, or the NC Department of
Transportation Construction and Maintenance Activities Manual, such as sandbags, rock berms,
cofferdams, and other diversion structures shall be used to minimize excavation in flowing
water.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 028 .0200
North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609
NORT CAROIINA 919.791.4200
oawm�em m �m��me�mi o�ei�
DocuSign Envelope ID: 62CFD5D2-C683-4DE8-9608-499F9B9771 FA
Edwards Property
DWR# 20231393 V2
Individual Certification #WQC006867
Page 9 of 14
17. In -stream structures installed to mimic natural channel geomorphology such as cross -vanes,
sills, step -pool structures, etc. shall be designed and installed in such a manner that allow for
continued aquatic life movement.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
18. Culverts shall be designed and installed in such a manner that the original stream profiles are
not altered and allow for aquatic life movement during low flows. The dimension, pattern, and
profile of the stream above and below a pipe or culvert shall not be modified by widening the
stream channel or by reducing the depth of the stream in connection with the construction
activity. The width, height, and gradient of a proposed culvert shall be such as to pass the
average historical low flow and spring flow without adversely altering flow velocity. If the width
of the culvert is wider than the stream channel, the culvert shall include multiple boxes/pipes,
baffles, benches and/or sills to maintain the natural width of the stream channel. If multiple
culverts/pipes/barrels are used, low flows shall be accommodated in one culvert/pipe and
additional culverts/pipes shall be installed such that they receive only flows above bankfull.
Placement of culverts and other structures in streams shall be below the elevation of the
streambed by one foot for all culverts with a diameter greater than 48 inches, and 20% of the
culvert diameter for culverts having a diameter less than or equal to 48 inches, to allow low flow
passage of water and aquatic life. If the culvert outlet is submerged within a pool or scour hole
and designed to provide for aquatic passage, then culvert burial into the streambed is not
required.
For structures less than 72" in diameter/width, and topographic constraints indicate culvert
slopes of greater than 2.5% culvert burial is not required, provided that all alternative options
for flattening the slope have been investigated and aquatic life movement/connectivity has
been provided when possible (e.g. rock ladders, cross -vanes, sills, baffles etc.). Notification,
including supporting documentation to include a location map of the culvert, culvert profile
drawings, and slope calculations, shall be provided to DWR 30 calendar days prior to the
installation of the culvert.
When bedrock is present in culvert locations, culvert burial is not required, provided that there
is sufficient documentation of the presence of bedrock. Notification, including supporting
documentation such as a location map of the culvert, geotechnical reports, photographs, etc.
shall be provided to DWR a minimum of 30 calendar days prior to the installation of the culvert.
If bedrock is discovered during construction, then DWR shall be notified by phone or email
within 24 hours of discovery.
Installation of culverts in wetlands shall ensure continuity of water movement and be designed
to adequately accommodate high water or flood conditions. When roadways, causeways, or
other fill projects are constructed across FEMA-designated floodways or wetlands, openings
such as culverts or bridges shall be provided to maintain the natural hydrology of the system as
well as prevent constriction of the floodway that may result in destabilization of streams or
wetlands.
The establishment of native woody vegetation and other soft stream bank stabilization
techniques shall be used where practicable instead of rip -rap or other bank hardening methods.
North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609
NORT CAROIINA 919.791.4200
oawm�em m �m��me�mi o�ei�
DocuSign Envelope ID: 62CFD5D2-C683-4DE8-9608-499F9B9771 FA
Edwards Property
DWR# 20231393 V2
Individual Certification #WQC006867
Page 10 of 14
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
19. Bridge deck drains shall not discharge directly into streams or wetlands. Stormwater shall be
directed across the bridge and pre-treated through site -appropriate means to the maximum
extent practicable (e.g. grassed swales, pre -formed scour holes, vegetated buffers, etc.) before
entering streams or wetlands.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
20. Application of fertilizer to establish planted/seeded vegetation within disturbed riparian areas
and/or wetlands shall be conducted at agronomic rates and shall comply with all other Federal,
State and Local regulations. Fertilizer application shall be accomplished in a manner that
minimizes the risk of contact between the fertilizer and surface waters.
Citation: 15A 02H .0506(b), 15A NCAC 02H .0507(c), 15A NCAC 02B .0200, 15A NCAC 02B .0231
21. 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
22. 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)
23. 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)
24. Any rip -rap required for proper culvert placement, stream stabilization, or restoration of
temporarily disturbed areas shall be restricted to the area directly impacted by the approved
construction activity. All rip -rap shall be placed such that the original streambed elevation and
streambank contours are restored and maintained and shall consist of clean rock or masonry
material free of debris or toxic pollutants. Placement of rip -rap or other approved materials
shall not result in de -stabilization of the stream bed or banks upstream or downstream of the
area or be installed in a manner that precludes aquatic life passage.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609
NORT CAROIINA 919.791.4200
oawm�em m �m��me�mi o�ei�
DocuSign Envelope ID: 62CFD5D2-C683-4DE8-9608-499F9B9771 FA
Edwards Property
DWR# 20231393 V2
Individual Certification #WQC006867
Page 11 of 14
25. 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
26. Rip -rap groins proposed in accordance with 15A NCAC 07H .1401 (NC Division of Coastal
Management General Permit for construction of Wooden and Rip -rap Groins in Estuarine and
Public Trust Waters) shall meet all the specific conditions for design and construction specified
in 15A NCAC 07H .1405.
Citation: 15A NCAC 02H .0507(c); 15A NCAC 07H .1400 et seq.
27. 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 028
.0231
28. 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 028 .0231
29. 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)
30. 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)
31. The permittee shall require its contractors and/or agents to comply with the terms and
conditions of this certification in the construction and maintenance of this project, and shall
provide each of its contractors and/or agents associated with the construction or maintenance
of this project with a copy of this Water Quality Certification. A copy of this Water Quality
Certification shall be available at the project site during the construction and maintenance of
this project.
North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609
NORT CAROIINA 919.791.4200
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DocuSign Envelope ID: 62CFD5D2-C683-4DE8-9608-499F9B9771 FA
Edwards Property
DWR# 20231393 V2
Individual Certification #WQC006867
Page 12 of 14
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
This approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in
your application shall expire upon expiration of the 404 Permit. The conditions in effect on the date of
issuance shall remain in effect for the life of the project, regardless of the expiration date of this
Certification. [15A NCAC 02H .0507(c)]
This, the 23rd day of May 2024,
�gDocuSigned by:
372DCBCB61EE4A8...
Michael Hall
Regional Supervisor
Division of Water Resources, Raleigh Regional Office
Department of Environmental Quality
North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609
NORTH CAROLINQ 919.791.4200
oawu�em m ����m.i o�si�
DocuSign Envelope ID: 62CFD5D2-C683-4DE8-9608-499F9B9771 FA
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
COMPENSATORY MITIGATION RESPONSIBILITY TRANSFER FORM
May 23, 2024
Permittee: Dependable Development Inc & Jon Ward DWR Project #20231393 V2
Project Name: Edwards Property
County: Wake
The Division has received a Statement of Availability (SOA) from EBX I, LLC for the EBX- Neuse sponsored
Neu -Con Wetland & Stream Umbrella bank, specifically for the Meadow Spring Site to partially satisfy
the mitigation requirements set forth in 401 Individual Certification No. WQC006867 issued to
Dependable Development Inc & Jon Ward, dated March 29, 2024, as provided in the table below.
Compensatory Mitigation
River and 8-digit HUC Number
Riparian Wetland
0.28 acres (credits)
Neuse River Basin / 03020201
Outside Falls Watershed
The Permittee must provide a copy of this form to the Mitigation Provider specified above who will then
sign the form to verify receipt of payment and the transfer of the mitigation responsibility. Once the
Mitigation Provider has signed this form, it is the Permittee's responsibility to ensure that a signed copy
of this form is submitted to the Division before conducting any of the authorized impacts.
The Mitigation Provider verifies that the mitigation requirements (credits) shown above, have been
released and are available at the identified bank site(s). By signing below, the Mitigation Provider is
accepting full responsibility for the identified mitigation. As a reminder to the Mitigation Provider, no
more than 25 percent of the total mitigation required by Division can be met through preservation,
unless requested and approved by the Division Director (15A NCAC 02H. 0506(c)(7)).
Signature Authority Name (print):
Signature:
Date:
p North Carolina Department of Environmental Quality I Division of Water Resources
D�J) Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609
NOR1H CARouNa �/ 919.791.4200
DocuSign Envelope ID: 62CFD5D2-C683-4DE8-9608-499F9B9771 FA
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
COMPENSATORY MITIGATION RESPONSIBILITY TRANSFER FORM
May 23, 2024
Permittee: Dependable Development Inc & Jon Ward DWR Project #20231393 V2
Project Name: Edwards Property
County: Wake
The Division has received a Statement of Availability (SOA) from EBX I, LLC for the EBX- Neuse sponsored
Neu -Con Wetland & Stream Umbrella bank, specifically for the Blackbird Site to partially satisfy the
mitigation requirements set forth in 401 Individual Certification No. WQC006867 issued to Dependable
Development Inc & Jon Ward, dated March 29, 2024, as provided in the table below.
Compensatory Mitigation
River and 8-digit HUC Number
Riparian Wetland
0.24 acres (credits)
Neuse River Basin / 03020201
Outside Falls Watershed
The Permittee must provide a copy of this form to the Mitigation Provider specified above who will then
sign the form to verify receipt of payment and the transfer of the mitigation responsibility. Once the
Mitigation Provider has signed this form, it is the Permittee's responsibility to ensure that a signed copy
of this form is submitted to the Division before conducting any of the authorized impacts.
The Mitigation Provider verifies that the mitigation requirements (credits) shown above, have been
released and are available at the identified bank site(s). By signing below, the Mitigation Provider is
accepting full responsibility for the identified mitigation. As a reminder to the Mitigation Provider, no
more than 25 percent of the total mitigation required by Division can be met through preservation,
unless requested and approved by the Division Director (15A NCAC 02H. 0506(c)(7)).
Signature Authority Name (print):
Signature:
Date:
p North Carolina Department of Environmental Quality I Division of Water Resources
D�J) Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609
NOR1H CARouNa �/ 919.791.4200