HomeMy WebLinkAboutWQ0045725_Application (FTSE)_20240819 NC Department of Environmental Quality
State of North Carolina
August 19 2024 Department of Environmental Quality
DWR Raleigh Regional Office Division of Water Resources
FAST TRACK SEWER SYSTEM EXTENSION APPLICATION
Division of Water Rcrsourccs FTA 10-23 &SUPPORTING DOCUMENTATION
Application Number: WQ0045725 (to be completed by Dwtt)
All items must be completed or the application will be returned
I. APPLICANT INFORMATION:
1. Applicant's name: Johnston County(company,municipality,HOA,utility,etc.)
2. Applicant type: ❑ Individual ❑ Corporation ❑ General Partnership ❑ Privately-Owned Public Utility
❑ Federal ® State/County ❑ Municipal ❑ Other
3. Signature authority's name: Chandra Farmer,PE per 15A NCAC 02T .0106(b)
Title: Director of Utilities
4. Applicant's mailing address: 309 E Market Street
City: Smithfield State:NC Zip: 27577-
5. Applicant's contact information:
Phone number: (919)209-833 Email Address: chandra.farmer@,iohnstonna.com
IL PROJECT INFORMATION:
1. Project name:Wawa NC42 and Son-Lan Pkwv
2. Application/Project status: ® Proposed(New Permit) ❑ Existing Permit/Project ❑ ARPA funded
If a modification,provide the existing permit number: WQ00 and issued date:
For modifications, also attach a detailed narrative description as described in Item G of the checklist.
If new construction,but part of a master plan,provide the existing permit number:WQ00
3. County where project is located:Johnston
4. Approximate Coordinates(Decimal Degrees): Latitude: 35.36460' Longitude: -78.33157'
5. Parcel ID(if applicable): 06EO2002F(or Parcel ID to closest downstream sewer)
III. CONSULTANT INFORMATION:
1. Professional Engineer: Matthew A.Edwards License Number:032640
Firm:Kimley-Horn and Associates
Mailing address: 200 S Tryon St, Suite 200
City: Charlotte State:NC Zip: 28202-
Phone number: (204)954-7493 Email Address:matt.edwardsOkimley-horn.com
IV. WASTEWATER TREATMENT FACILITY(WWTF)INFORMATION:
1. Facility Name:Johnston County Wastewater Treatment Facility Permit Number:NCO030716
Owner Name:Johnston County
V. RECEIVING DOWNSTREAM SEWER INFORMATION:
1. Permit Number(s):WQ0006359.
2. Downstream(Receiving)Sewer Information: 12 inch ® Gravity ❑ Force Main
3. System Wide Collection System Permit Number(s)(if applicable):WQCS_-LDWUe0
Owner Name(s):�h,r%.s�cn Goy
FORM: FTA 10-23 r Page 1 of 5
VI. GENERAL REQUIREMENTS
1. If the Applicant is a Privately-Owned Public Utility,has a Certificate of Public Convenience and Necessity been attached?
[-] Yes [:]No ®N/A
2. If the Applicant is a Developer of lots to be sold,has a Developer's Operational Agreement(FORM:DEV)been attached?
❑ Yes ❑No ®N/A
3. If the Applicant is a Home/Property Owners'Association,has an HOA/POA Operational Agreement(FORM: HOA)and
supplementary documentation as required by 15A NCAC 02T.0115(c)been attached?
❑ Yes ❑No ®N/A
4. Origin of wastewater: (check all that apply):
❑ Residential(Individually Owned) ❑ Retail(stores,centers,malls) Car Wash
❑ Residential(Leased) ® Retail with food preparation/service ❑ Hotel and/or Motels
❑ School/preschool/day care ❑ Medical/dental/veterinary facilities ❑ Swimming Pool/Clubhouse
❑ Food and drink facilities ❑ Church ❑ Swimming Pool/Filter Backwash
❑ Businesses/offices/factories ❑Nursing Home ❑ Other(Explain in Attachment)
5. Nature of wastewater: %Domestic 100%Commercial %Industrial(See 15A NCAC 02T.0103(20))
If Industrial,is there a Pretreatment Program in effect?❑ Yes El No
6. Hasa flow reduction been approved under 15A NCAC 02T.0114(fl? ❑ Yes ®No
➢ If Yes provide a copy of flow reduction approval letter with this application
7. Summarize wastewater generated by project:
Establishment Type(see 02T.0114(f)) Daily Design Flow'''h No. of Units Flow
Conveniece store w/food preparation 60 gal/100 SF 5,915 SF 3,550 GPD
Car Wash Facilities 1200 gal/bay 8 bays 9,600 GPD
gal/ GPD
gal/ GPD
gal/ GPD
gal/ GPD
Total 13,150 GPD
a See 15A NCAC 02T .0114(b). (d). (e)(1)and(e)(2) for caveats to wastewater design flow rates (i.e. proposed unknown
non-residential development uses; public access facilities located near high public use areas; and residential property
located south or east of the Atlantic Intracoastal Waterway to be used as vacation rentals as defined in G.S.42A-4).
b Per 15A NCAC 02T.0114(c),design flow rates for establishments not identified[in table 15A NCAC 02T.01141 shall be
determined using available flow data,water using fixtures,occupancy or operation patterns,and other measured data.
8. Wastewater generated by project: 13,150 GPD(per 15A NCAC 02T.0114 and G.S. 143-215.1)
➢ Do not include future flows or previously permitted allocations
If permitted flow is zero,please indicate why:
❑ Pump Station/Force Main or Gravity Sewer where flow will be permitted in subsequent permits that connect to this line.
Please provide supplementary information indicating the approximate timeframe for permitting upstream sewers with flow.
❑ Flow has already been allocated in Permit Number: Issuance Date:
❑ Rehabilitation or replacement of existing sewers with no new flow expected
❑ Other(Explain):
FORM: FTA 10-23 Page 2 of 5
VII. GRAVITY SEWER DESIGN CRITERIA(If Applicable)-02T.0305&MDC(Gravity Sewers):
1. Summarize gravity sewer to be permitted:
Size(inches) Length (feet) Material
8 173 PVC
➢ Section II&III of the MDC for Permitting of Gravity Sewers contains information related to design criteria
➢ Section III contains information related to minimum slopes for gravity sewer(s)
➢ Oversizing lines to meet minimum slope requirements is not allowed and a violation of the MDC
VIII. PUMP STATION DESIGN CRITERIA(If Applicable)—02T.0305&MDC(Pump Stations/Force Mains):
PROVIDE A SEPARATE COPY OF THIS PAGE FOR EACH PUMP STATION INCLUDED IN THIS PROJECT
1. Pump station number or name:
2. Approximate Coordinates(Decimal Degrees): Latitude: 0Longitude: - °
3. Total number of pumps at the pump station:
3. Design flow of the pump station: millions gallons per day(firm capacity)
➢ This should reflect the total GPM for the pump station with the largest pump out of service.
4. Operational point(s)per pump(s): gallons per minute(GPM)at feet total dynamic head(TDH)
5. Summarize the force main to be permitted(for this Pump Station):
Size(inches) Length (feet) Material
If any portion of the force main is less than 4-inches in diameter,please identify the method of solids reduction per
MDCPSFM Section 2.01C.I.b. ❑ Grinder Pump ❑ Mechanical Bar Screen ❑ Other(please specify)
6. Power reliability in accordance with 15A NCAC 02T.0305(h)(1):
❑ Standby power source or ❑ Standby pump
➢ Must have automatic activation and telemetry- 15A NCAC 02T.0305(h)(1)(B).
➢ Required for all pump stations with an average daily flow greater than or equal to 15,000 gallons per day
➢ Must be permanent to facility and may not be portable
Or if the pump station has an average daily flow less than 15,000 gallons per day 15A NCACO2T.0305(h)(1)(C):
❑ Portable power source with manual activation,quick-connection receptacle and telemetry-
or
❑ Portable pumping unit with plugged emergency pump connection and telemetry:
➢ Include documentation that the portable source is owned or contracted by the applicant and is compatible with the station.
➢ If the portable power source or pump is dedicated to multiple pump stations,an evaluation of all the pump stations'storage
capacities and the rotation schedule of the portable power source or pump, including travel timeframes,shall be provided
as part of this permit application in the case of a multiple station power outage.
FORM: FTA 10-23 Page 3 of 5
IX. SETBACKS&SEPARATIONS—(02B.0200 & 15A NCAC 02T.0305(f)):
1. Does the project comply with all separations/alternatives found in 15A NCAC 02T.0305(t)&(gl? ® Yes ❑No
15A NCAC 02T.0305 contains minimum separations that shall be provided for sewers stems:
Setback Parameter* Separation Required
Storm sewers and other utilities not listed below(vertical) 18 inches
2Water mains(vertical-water over sewer preferred,including in benched trenches) 18 inches
'Water mains(horizontal) 10 feet
Reclaimed water lines(vertical-reclaimed over sewer) 18 inches
Reclaimed water lines(horizontal-reclaimed over sewer) 2 feet
**Any private or public water supply source, including any wells,WS-I waters of Class I or
Class II impounded reservoirs used as a source of drinking water,and associated wetlands. 100 feet
**Waters classified WS (except WS-I or WS-V),B, SA,ORW,HQW,or SB from normal
high water(or tide elevation)and wetlands associated with these waters(see item IX.2) 50 feet
**Any other stream,lake,impoundment,or ground water lowering and surface drainage
ditches,as well as wetlands associated with these waters or classified as WL. 10 feet
Any building foundation(horizontal) 5 feet
Any basement(horizontal) 10 feet
Top slope of embankment or cuts of 2 feet or more vertical height 10 feet
Drainage systems and interceptor drains 5 feet
Any swimming pools 10 feet
Final earth grade (vertical) 36 inches
➢ If noncompliance with 02T.0305(fl or 60,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 Classifications webpage
2. Does this project comply with the minimum separation requirements for water mains? ® Yes ❑No ❑N/A
➢ If no,please refer to 15A NCAC 18C.0906(f)for documentation requirements and submit a separate document,
signed/sealed by an NC licensed PE,verifying the criteria outlined in that Rule.
3. Does the project comply with separation requirements for wetlands? ® Yes [:] No ❑N/A
➢ Please provide supplementary information identifying the areas of non-conformance.
➢ See the Division's draft separation requirements for situations where separation cannot be met.
➢ No variance is required if the alternative design criteria specified is utilized in design and construction.
4. Is the project located in a river basin subject to any State buffer rules? ®Yes Basin name: Tar-Pamlico ❑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. Does the project require coverage/authorization under a 404 Nationwide/individual permits ® Yes ❑No
or 401 Water Quality Certifications?
➢ Please provide the permit number/permitting status in the cover letter if coverage/authorization is required.
6. Does project comply with 15A NCAC 02T.0105(c)(6)(additional permits/certifications)? ® Yes ❑No
Per 15A NCAC 02T.0105(c)(6), directly related environmental permits or certification applications must be being prepared,
have been applied for,or have been obtained. Issuance of this permit is contingent on issuance of dependent permits(erosion
and sedimentation control plans, stormwater management plans,etc.).
7. Does this project include any sewer collection lines that are deemed"high-priority?" ❑ Yes ®No
Per 15A NCAC 02T.0402,"high-priority sewer"means any aerial sewer, sewer contacting surface waters,
siphon,or sewers positioned parallel to streambanks that are subject to erosion that undermines or deteriorates the sewer.
Siphons and sewers suspended through interference/conflict boxes require a variance approval.
➢ If yes,include an attachment with details for each line,including type(aerial line, size,material, and location).
High priority lines shall be inspected by the permittee or its representative at least once every six-months and
inspections documented per 15A NCAC 02T.0403(a)(5)or the permittee's individual System-Wide Collection permit.
FORM: FTA 10-23 Page 4 of 5
X. CERTIFICATIONS:
1. Does the submitted system comply with 15A NCAC 02T, the Minimum Design Criteria for the Permitting of Pump Stations
and Force Mains(latest version),and the Gravity Sewer Minimum Design Criteria(latest version)as applicable?
® Yes ❑No
If no, for projects requiring a single variance, complete and submit the Variance/Alternative Design Request application
(VADC 10-14) and supporting documents for review to the Central Office. Approval of the request will be issued
concurrently with the approval of the permit, and projects requiring a variance approval may be subject to longer
review times.For projects requiring two or more variances or where the variance is determined by the Division to be a
significant portion of the project,the full technical review is required.
2. Professional Engineer's Certification:
I Matthew Edwards ,attest that this application for Wawa - NC42 and Son-Lan Pkwy
(Professional Engineer's name from Application Item III.1.) (Project Name from Application Item 1I.1)
has been reviewed by me and is accurate, complete and consistent with the information supplied in the plans,
specifications,engineering calculations, and all other supporting documentation to the best of my knowledge. I further
attest that to the best of my knowledge the proposed design has been prepared in accordance with the applicable regulations,
Minimum Design Criteria for Gravity Sewers(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 143-215.613, any person who knowingly makes any false
statement, representation, or certification in any application package shall be guilty of a Class 2 misdemeanor, which may
include a fine not to exceed$10,000,as well as civil penalties up to$25,000 per violation.Misrepresentation of the application
information,including failure to disclose any design non-compliance with the applicable Rules and design criteria,may subject
the North Carolina-licensed Professional Engineer to referral to the licensing board. (21 NCAC 56.0701)
........................%
,,i���ii'i'►���,
North Carolina Professional Engineer's seal, signature, and date: �. `N CA/�
��oFESS/��••�
SEAL
032640
I NEF-,�.'�Q__
. . . ...
3. Applicant's Certification per 15A NCAC 02T.0106(b): ''` WA
+ C
I, ,h0.Y1()CY� CL�/Jf yfVtf ,attest that this application for I�"a, WA-a 4 oy ��S
(Signature Authority Name from Application Item I.3.) (Project Name from Application Item II.1)
attest that this application has been reviewed by me and is accurate and complete to the best of my knowledge.
I understand that if all required parts of this application are not completed and that if all required supporting documentation
and attachments are not included, this application package is subject to being returned as incomplete. I understand that any
discharge of wastewater from this non-discharge system to surface waters or the land will result in an immediate enforcement
action that may include civil penalties,injunctive relief,and/or criminal prosecution. I will make no claim against the Division
of Water Resources should a condition of this permit be violated. 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
package will be returned to me as incomplete.
NOTE — In accordance with General Statutes 143-215.6A and 143-215.6B, any person who knowingly makes any false
statement, representation, or certification in any application package shall be guilty of a Class 2 misdemeanor, which may
include a fine not to exceed$10,000 as well as civil penalties up to$25,000 per violation.
Signature: Date: l
FORM: FTA 10-23 Page 5 of 5
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E State of North Carolina
I Department of Environmental Quality
Division of Water Resources
tv9sicn of Water iesorn€er Flow Tracking for Sewer Extension Applications
(FTSE 10-23)
Entity Requesting Allocation: Johnston County
Project Name for which flow is being requested: Wawa NC42 and Son-Lan Pkwy
Afore than one FTSE may he 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: Central Johnston County WWTP - Outfall 1
b. WWTP Facility Permit#: NCO030716
All flows are in MGD
c. WWTP facility's permitted flow 7.5
d. Estimated obligated flow not yet tributary to the WWTP 1.268
e. WWTP facility's actual avg. flow 4.78
f. Total flow for this specific request 0.0132
g. Total actual and obligated flows to the facility 6.048
h. Percent of permitted flow used 81% Paper
64%Actual
IL 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 Approx.
Average Current Obligated, Total
Pump Pump Daily Avg. Not Yet Current
Station Station Firm Flow** Daily Tributary Flow Plus
(Name or Permit Capacity, * (Firm/pf), Flow, Daily Flow, Obligated Available
Number) No. MGD MGD MGD MGD Flow Capacity***
Swift WQ0039606mod 1.764 0.7056 0.400 0.1927 0.5927 0.1129
r,. or,
Josephine na WQ0028867mod 3.384 1.3536 0.9340 0.3204 1.2544 0.0992
Landfill WQ0020340mod 8.7494 6.7798 1.2534 0.5468 1.8002 4.9796
r,n
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.
Page 1 of 7
FTSE 10-23
Downstream Facility Name (Sewer): Johnston Co - Interchange Area
Downstream Permit Number: wg0006359
III. Certification Statement:
I Chandra C. Farmer, P.E. certify to the best of my knowledge that the addition of
the volume of wastewater to be permitted in this project has been evaluated along the route to the receiving
wastewater treatment facility and that the flow from this project is not anticipated to cause any capacity
related sanitary sewer overflows or overburden any downstream pump station en route to the receiving
treatment plant under normal circumstances, given the implementation of the planned improvements
identified in the planning assessment where applicable. This analysis has been performed in accordance
with local established policies and procedures using the best available data. This certification applies to
those items listed above in Sections I and 11 plus all attached planning assessment addendums for which I
am the responsible party. Signature of this form certifies that the receiving collection system or treatment
works has adequate capacity to transport and treat the proposed new wastewater.
ola� C' kA�'a
Signing Official Signature Date
NYC AY 0� A'AVVf.S
Title of Signing Official
Page 2 of 7
FTSE 10-23
Kimley>>)Horn
August 14, 2024
NCDENR- DEQ
Attn: Mr. Tanvir Pasha
Raleigh Regional Office
3800 Barrett Drive
Raleigh, NC 27609
RE: Wawa—NC42 & Son Lan Pkwy
4800 NC42, Garner, NC 27529
Public Gravity Sewer Extension
FTA 10-23 Narrative
Mr. Pasha,
The proposed sanitary sewer system will consist of 173 LF of 8" PVC private gravity sewer
connecting to an existing gravity sewer main. The proposed route will span across an existing access
easement and a proposed parcel that is currently owned by the same property owner. The
neighboring parcel to the east will connect into the line when it enters the access easement. The
existing sanitary sewer infrastructure ultimately terminates at the Central Johnston County Regional
WWTP. This proposed sewer system is designed to serve the proposed Wawa development at 4800
NC42 in Garner, NC and the proposed Tidal Wave Auto Spa development at the same address, and
will generate 13,150 GPD of wastewater. No existing infrastructure is being removed with the
proposed improvements.
This project requires coverage/authorization under a 404 Nationwide permit and has been approved
under permit number SAW-2023-02161. The installation of the sewer main will not be included in the
404 permit. Refer to the approval package that has been provided with this submittal.
This submittal package consists of the following:
• Check Payable to NCDEQ in the amount of$600.00
• FTA 10-23—Wawa NC42 & Son-Lan Parkway
• FTSE 10-23
• USGS Topographic Map
• Site Location Map
• Site Utility Plans and Sewer Profiles
We trust this meets your needs for approval of this project; please feel free to call me at(704) 319-
5698 if you have any questions or concerns. We look forward continuing our relationship on this
project.
KIMLEY-HORN AND ASSOCIATES, INC.
Matthew Edwards, P.E.
Principal
00 South Tryon St., Suite 200, Charlotte, NC 28202 �
Delaware Page 1
The First State
1, JEFFREY W. BULLOCK, SECRETARY OF STATE OF THE STATE OF
DELAWARE, DO HEREBY CERTIFY "GARNER (NC 42 SON—LAN) WW, LLC" IS
DULY FORDED UNDER THE LAWS OF THE STATE OF DELAWARE AND IS IN GOOD
STANDING AND HAS A LEGAL EXISTENCE SO FAR AS THE RECORDS OF THIS
OFFICE SHOW, AS OF THE THIRTEENTH DAY OF MARCH, A.D. 2023.
AND I DO HEREBY FURTHER CERTIFY THAT THE SAID "GARNER (NC 42
SON—LAN) WW, LLC" WAS FORDED ON THE TENTH DAY OF MARCH, A.D. 2023.
AND I DO HEREBY FURTHER CERTIFY THAT THE ANNUAL TAXES HAVE BEEN
ASSESSED TO DATE.
/GPES PPY'S_p�
7341741 8300 Jw.`. Authentication: 202897040
SR#20230960075 Date:03-13-23
You may verify this certificate online at corp.delaware.gov/authver.shtml
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*** DISCLAIMER ***
Johnston County assumes no legal responsibility for the information represented here.
Proposed 8" Sewer
Main Connection ''�`�' • - y... White Oak
i ' ► �• � Creek
Existing 12" Swift Creek
_ Sewer Main
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► - r Existing Downstream
Pump Station
Scale: 1:20328 - 1 in. = 1694 feet
Johnston County GIS
(The scale is only accurate when printed landscape on a 8 1/2 x 11 size sheet with no page scaling.) August 15,2024
DocuSign Envelope ID:B01A5AD4-04A2-45E5-B371-217AEFEC3C80
oftNE 51ATE
o.173 G�
ROY COOPER
Governor
ELIZABETH S.BISER
Secretary
RICHARD E.ROGERS,JR, NORTH CAROLINA
Director Environmental Quality
May 30, 2024
DWR#20240290
Johnston County
Capital Growth Buchalter
Attn: Chad Post
361 Summit Blvd, Suite 100
Birmingham,AL 35243
Delivered via email to: cpost@cgpre.com
Subject: Approval of Individual 401 Water Quality Certification
Garner ( NC 42 Son - Lan) WW, LLC a Delaware Limited Liability Company
USACE Action ID. No. SAW-2023-02161
Dear Chad Post:
Attached hereto is a copy of Certification No. WQC006892 issued to Chad Post and Capital Growth
Buchalter dated May 30, 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.
This Water Quality Certification shall expire on the same day as the expiration date of the corresponding
Section 404 Permit. The conditions shall remain in effect for the life of the project, regardless of the
expiration date of this Water Quality Certification.
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1611 Mail Service Center I Raleigh,North Carolina 27699-1611
NORTH CAROLINA 919.707.9000
UapadM t of E,,kommntal Quay
DocuSign Envelope ID:B01A5AD4-04A2-45E5-B371-217AEFEC3C80
earner k NC 42 Son-Lan)WW, LLC a Delaware Limited Liability Company
DWR#20240290
Individual Certification#WQC006892
Page 2 of 8
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 Cat Otero at 919-707-1842 or catherine.otero@deg.nc.Rov if you have any
questions or concerns.
Sincerely,
DocuSigned by: �A
L!f/SS
755A8FOC 80B428
Stephanie oss, Supervisor
401 & Buffer Permitting Branch
Electronic cc: Michelle Savage-Measday, ECS Limited
Matt Martin, USACE
Gabriela Garrison, NCWRC
Don and Myra West, Property Owners
D E Q North Carolina Department of Environmental Quality I Division of Water Resources
vvv512 North Salisbury Street 1 1611 Mail Service Center I Raleigh,North Carolina 27699-1611
NORTH CAROLINA 919.707.9000
Depa"mem of Environmental Duality
DocuSign Envelope ID:B01A5AD4-04A2-45E5-B371-217AEFEC3C80
earner k NC 42 Son-Lan)WW, LLC a Delaware Limited Liability Company
DWR#20240290
Individual Certification#WQC006892
Page 3 of 8
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #WQC006892 is issued in conformity with the requirements of Section 401, Public Laws
92-500 and 95-217 of the United States and subject to North Carolina's Regulations in 15 NCAC 02H
.0500 and 15A NCAC 02B .0200,to Chad Post and Capital Growth Buchalter who have authorization for
the impacts listed below, as described within your application received by the N.C. Division of Water
Resources (Division) on February 16, 2024 and Public Notice issued by the Division on February 22, 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 Amount Approved Mitigation
Permanent Temporary Amount
Required
Intermittent Stream
S1—Relocation/piping of 235 linear feet 0 linear feet 0 credits
stream for road crossing
This approval requires you to follow the conditions listed in the certification below.
CONDITIONS OF CERTIFICATION [15A NCAC 02H .0507(c)]:
1. 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 within the project 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)
2. 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 any land disturbing
activities and must be maintained on the property until the project phase is completed.
Citation: 15A NCAC 02H.0506;15A NCAC 02H.0507(c)
3. 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 Garner( NC 42 Son -
Lan) WW, LLC a Delaware Limited liability company project area may be considered cumulative
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1611 Mail Service Center I Raleigh,North Carolina 27699-1611
NoarHcnaouNn 919.707.9000
oepanmemorEnviro memaiaaar�
DocuSign Envelope ID:B01A5AD4-04A2-45E5-B371-217AEFEC3C80
earner k NC 42 Son-Lan)WW, LLC a Delaware Limited Liability Company
DWR#20240290
Individual Certification#WQC006892
Page 4 of 8
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)
4. The Permittee shall secure an approved stormwater management plan (SMP)from Johnston
County before any impacts authorized in this certification occur.The applicable portion of the
approved SMP shall be constructed and operational before any permanent building or other
permanent structure is occupied at the site. If any of the SCMs are used as an Erosion and
Sediment Control device, it must be restored to the approved stormwater design condition
within 30 days of close-out of the Erosion and Sediment Control Plan.
Citation: 15A NCAC 02H.0506(b)(2) and(3);15A NCAC 02H.0507(c)
5. All sewer lines shall be designed, constructed and maintained in accordance with Title 15A NCAC
Chapter 02T, applicable Minimum Design Criteria (MDC), and/or Alternative Design Criteria.
Citation: 15A NCAC 02H.0506(b);15A NCAC 02H.0507(c)
6. 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)
7. 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)
8. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the footprint
of the approved impacts (including temporary impacts).
Citation: 15A NCAC 02H.0506;15A NCAC 02H.0507(c)
9. 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)
10. 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 NCACO28.0200;15A NCAC 028
.0231
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1611 Mail Service Center I Raleigh,North Carolina 27699-1611
NoarHcnaouNn 919.707.9000
oepanmemorEnviro memaiaaar�
DocuSign Envelope ID:B01A5AD4-04A2-45E5-B371-217AEFEC3C80
earner k NC 42 Son-Lan)WW, LLC a Delaware Limited Liability Company
DWR#20240290
Individual Certification#WQC006892
Page 5 of 8
11. 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
12. 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)
13. If the project is covered by NPDES Construction Stormwater Permit Number NCG010000 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
14. 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
15. 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
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1611 Mail Service Center I Raleigh,North Carolina 27699-1611
NoarHcnaouNn 919.707.9000
oepanmemorEnviro memaiaaar�
DocuSign Envelope ID:B01A5AD4-04A2-45E5-B371-217AEFEC3C80
earner k NC 42 Son-Lan)WW, LLC a Delaware Limited Liability Company
DWR#20240290
Individual Certification#WQC006892
Page 6 of 8
and designed to provide for aquatic passage, then culvert burial into the streambed is not
required.
For structures less than 72" in diameter/width, and topographic constraints indicate culvert
slopes of greater than 2.5%culvert burial is not required, provided that all alternative options
for flattening the slope have been investigated and aquatic life movement/connectivity has
been provided when possible (e.g. rock ladders, cross-vanes, sills, baffles etc.). Notification,
including supporting documentation to include a location map of the culvert, culvert profile
drawings, and slope calculations, shall be provided to DWR 30 calendar days prior to the
installation of the culvert.
When bedrock is present in culvert locations, culvert burial is not required, provided that there
is sufficient documentation of the presence of bedrock. Notification, including supporting
documentation such as a location map of the culvert, geotechnical reports, photographs, etc.
shall be provided to DWR a minimum of 30 calendar days prior to the installation of the culvert.
If bedrock is discovered during construction,then DWR shall be notified by phone or email
within 24 hours of discovery.
Installation of culverts in wetlands shall ensure continuity of water movement and be designed
to adequately accommodate high water or flood conditions. When roadways, causeways, or
other fill projects are constructed across FEMA-designated floodways or wetlands, openings
such as culverts or bridges shall be provided to maintain the natural hydrology of the system as
well as prevent constriction of the floodway that may result in destabilization of streams or
wetlands.
The establishment of native woody vegetation and other soft stream bank stabilization
techniques shall be used where practicable instead of rip-rap or other bank hardening methods.
Citation: 15A NCAC 02H.0506(b);15A NCAC 02H.0507(c)
16. 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
17. 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
18. Any rip-rap required for proper culvert placement, stream stabilization, or restoration of
temporarily disturbed areas shall be restricted to the area directly impacted by the approved
construction activity. All rip-rap shall be placed such that the original streambed elevation and
streambank contours are restored and maintained and shall consist of clean rock or masonry
material free of debris or toxic pollutants. Placement of rip-rap or other approved materials
shall not result in de-stabilization of the stream bed or banks upstream or downstream of the
area or be installed in a manner that precludes aquatic life passage.
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1611 Mail Service Center I Raleigh,North Carolina 27699-1611
NoarHcnaouNn 919.707.9000
oepanmemorEnviro memaiaaar�
DocuSign Envelope ID:B01A5AD4-04A2-45E5-B371-217AEFEC3C80
earner k NC 42 Son-Lan)WW, LLC a Delaware Limited Liability Company
DWR#20240290
Individual Certification#WQC006892
Page 7 of 8
Citation: 15A NCAC 02H.0506(b);15A NCAC 02H.0507(c)
19. Any rip-rap used for stream or shoreline stabilization shall be of a size and density to prevent
movement by wave, current action, or stream flows, and shall consist of clean rock or masonry
material free of debris or toxic pollutants. Rip-rap shall not be installed in the streambed except
in specific areas required for velocity control and to ensure structural integrity of bank
stabilization measures.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c);15A NCAC 02B.0201
20. All mechanized equipment operated near surface waters shall be inspected and maintained
regularly to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids, or
other toxic materials. Construction shall be staged in order to minimize the exposure of
equipment to surface waters to the maximum extent practicable. Fueling, lubrication, and
general equipment maintenance shall be performed in a manner to prevent,to the maximum
extent practicable, contamination of surface waters by fuels and oils.
Citation: 15A NCAC 02H.0506(b);15A NCAC 02H.0507(c);15A NCAC 02B.0200,15A NCAC 02B
.0231
21. Heavy equipment working in wetlands shall be placed on mats or other measures shall be taken
to minimize soil disturbance and compaction.
Citation: 15A NCAC 02H.0506(b);15A NCAC 02H.0507(c);15A NCAC 02B.0231
22. In accordance with 143-215.85(b), the permittee shall report any petroleum spill of 25 gallons or
more; any spill regardless of amount that causes a sheen on surface waters; any petroleum spill
regardless of amount occurring within 100 feet of surface waters; and any petroleum spill less
than 25 gallons that cannot be cleaned up within 24 hours.
Citation: 15A NCAC 02H.0507(c);N.C.G.S 143-215.85(b)
23. Deed notifications or similar mechanisms shall be placed on all lots/parcels with retained
jurisdictional wetlands, waters, and state regulated riparian buffers within the project
boundaries in order to assure compliance with NC Water Quality Certification Rules (15A NCAC
02H .0500), NC Isolated Wetland Rules (15A NCAC 02H .1300), and/or State 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.
24. 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)
25. 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
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1611 Mail Service Center I Raleigh,North Carolina 27699-1611
NoarHcnaouNn 919.707.9000
oepanmemorEnviro memaiaaar�
DocuSign Envelope ID:B01A5AD4-04A2-45E5-B371-217AEFEC3C80
earner k NC 42 Son-Lan)WW, LLC a Delaware Limited Liability Company
DWR#20240290
Individual Certification#WQC006892
Page 8 of 8
Certification shall be available at the project site during the construction and maintenance of
this project.
Citation:15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c)
This approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in
your application shall expire upon expiration of the 404 Permit. The conditions in effect on the date of
issuance shall remain in effect for the life of the project, regardless of the expiration date of this
Certification. [15A NCAC 02H .0507(c)]
This,the 301h day of May 2024,
Es
DocuSigned by:
fc,p�t, Gass
755ABFOCDBOB428...
Stephanie Goss, Supervisor
401 & Buffer Permitting Branch
D E Q North Carolina Department of Environmental Quality I Division of Water Resources
vvv512 North Salisbury Street 1 1611 Mail Service Center I Raleigh,North Carolina 27699-1611
NORTH CAROLINA 919.707.9000
Depa"mem of Envlmmme,01 Duality