HomeMy WebLinkAboutWQ0045853_Application (FTSE)_20240925 N�Dep,I of t-nvitor�:z;',a Quail State of North Carolina
WDepartment of Environmental Quality.
Division of Water Resources
SEP 2 5 2024 FAST TRACK SEWER SYSTEM EXTENSION APPLICATION
Division of Water Resources FTA 10-23&SUPPORTING DOCUMENTATION
Application Number: (to be completed by DWR)
All items must be completed or the application will be returned
1. APPLICANT INFORMATION:
I. Applicant's name: SAB Page. LLC (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:Mr. Bruce Knott per 15A N('A(:02T .0106(b)
Title: Manager
4. Applicant's mailing address: 5310 NC Highway 55,Suite 101
City: Durham State: NC Zip: 27713-7813
5. Applicant's contact information:
Phone number: (9l9)544-0141 Email Address:bknott(@12inpointprop.com
II. PROJECT INFORMATION:
1. Project name: Pineview Glen Townhomes
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: Durham
4. Approximate Coordinates(Decimal Degrees): Latitude: 35.9269 Longitude:-78.8108
5. Parcel ID(if applicable): 224590(or Parcel ID to closest downstream sewer)
III. CONSULTANT INFORMATION:
1. Professional Engineer: William Z. Shipman, PE License Number: 035027
Firm: Shipman Engineering,PLLC
Mailing address: 137 Middlegreen Place
City: Holly Springs State: NC Zip: 27540-
Phone number: (919)900-0006 Email Address:zak(c)shipmanen ing Bering com
IV. WASTEWATER TREATMENT FACILITY(WWTF) INFORMATION:
1. Facility Name:Triangle Wastewater Treatment Plant Permit Number: NCO026051
Owner Name: Durham County
V. RECEIVING DOWNSTREAM SEWER INFORMATION:
1. Permit Number(s): WQ Unknown
2. Downstream(Receiving)Sewer Information: 8 inch ® Gravity ❑ Force Main
3. System Wide Collection System Permit Number(s)(if applicable): WQCS00038
Owner Name(s): Durham County
FORM: FTA 10-23 Pagel 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: DE V)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 I SA NCAC 02T,0115(c)been attached?
[-] Yes ❑ No ® N/A
4. Origin of wastewater: (check all that apply):
® Residential(Individually Owned) ❑ Retail(stores,centers,malls) ❑ Car Wash
❑ Residential(Leased) ❑ Retail with food preparation/service ❑ Hotel and/or Motels
❑ School/preschool/day care ❑ Medical/dental/veterinary facilities ❑ Swimming Pool/Clubhouse
❑ Food and drink facilities ❑ Church ❑ Swimming Pool/Filter Backwash
❑ Businesses?offices/ factories ❑ Nursing Home ❑Other(Explain in Attachment)
5. Nature of wastewater: 100.0 i,Domestic °o Commercial % Industrial(See I5A NCAC 02T, JPIL0))
If Industrial, is there a Pretreatment Program in effect?❑ Yes❑ No
6. Has a flow reduction been approved under 15A NCAC 02T.0l 14(f)? ❑ Yes ® No
)o 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',b No.of Units Flow
Townhome 75 gal/day/bedroom x 3 bedrooms 67 15,075 GPD
gall GPD
gal/ GPD
gal! GPD
gal GPD
gal' GPD
Total 15,075 GPD
a See 15A NCAC 02T .0114(b). (d). (c)(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 I SA NCAC 02T.0114(c),design flow rates for establishments not identified [in table 15 ,NCAC 02T.0114] shall be
determined using available flow data,water using fixtures,occupancy or operation patterns,and other measured data.
8. Wastewater generated by project: 15,075 GPD(per 15A NCAC 02T .01 14 and G.S. 143-215.1)
➢ Do not include future flows or previously permitted allocations
If permitted flow is zero,please indicate why:
❑ Pump Station/Force Main or Gravity Sewer where flow will be permitted in subsequent permits that connect to this line.
Please provide supplementary information indicating the approximate timeframe for permitting upstream sewers with flow.
❑ Flow has already been allocated in Permit Number: Issuance Date:
❑ Rehabilitation or replacement of existing sewers with no new flow expected
❑Other(Explain):
FORM: FTA 10-23 Page 2 of
VI1. GRAVITY SEWER DESIGN CRITERIA(if Applicable)-02T.0305&NjDC(Gravity Sewers):
1. Summarize gravity sewer to be permitted:
Size(inches) Length(feet) Material
8 946 PVC
8 503 DIP
➢ Section Il & 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
Vlll. PUMP STATION DESIGN CRITERIA(If Applicable)—02T.0305& MDC(Pump Stations/Force Mains):
PROVIDE A SEPARATE COPY OF THIS PAGE FOR EACH PUMP STATION INCLUDED IN THIS PROJECT
1. Pump station number or name:
2. Approximate Coordinates(Decimal Degrees): Latitude: Longitude: -
3. Total number of pumps at the pump station:
3. Design flow of the pump station: millions gallons per day(firm capacity)
➢ This should reflect the total GPM for the pump station with the largest pump out of service.
4. Operational point(s)per pump(s): gallons per minute(GPM)at feet total dynamic head(TDH)
5. Summarize the force main to be permitted(for this Pump Station):
Size(inches) Length(feet) Material
If any portion of the force main is less than 4-inches in diameter,please identify the method of solids reduction per
MDCPSFM Section 2.01 C.1.b. ❑Grinder Pump ❑ Mechanical Bar Screen ❑Other(please specify)._.
6. Power reliability in accordance with 15A NCAC 02T.0305(h)(I?:
❑ 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/altematives found in 15A NCAC 02T .0305(f)& 6! ? ® Yes ❑ No
ISA 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
ZWater 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 11 impounded reservoirs used as a source of drinking water,and associated wetlands. 100 feet
*"Waters classified WS(except WS-1 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(0 orb,see Section X.I of this application
*15A NCAC 02T.0305(a}contains alternatives where separations in 02T.0305tf)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 requiremi; 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: Ncuse ❑ No
If yes,does the project comply with setbacks found in the river basin rules per 15A NCAC 02B .0200? ® Yes ❑ No
➢ This includes Trout Buffered Streams per 15A NCAC 213.0202
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)LO)(additional permits/certifications)? ® Yes ❑ No
Per 15A NCAC:02T.0105tc)(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 115A NCAC 02T.0403(a)(5)or the permittee's individual System-Wide Collection permit.
FORM: FTA 10-23 Page 4 of 5
X. CERTIFICATIONS:
Does the submitted system comply with. 15A NCAL'021, the Nlinimum Design k'rueria for the Pern tt tang of Pt1i1w Stttiom
attd force Mains(latest version),and the taut w• .t\et.g1gpqm tics! n Criteria(talust version)as.applicable?
® Yes ❑ No
If no, for projects requiring a sinwle variance, complete and submit the variance Alternau\c Design Request application
(VADC 10-14) and supporting documents for review to the Central Office approval of the reguest_will_be issued
concurrentlN with the approval of the permit, and uroiects requiring„a variance auuroval may be subject to longer
rev iew times.For projects requiring two or more variances or where the„variance is determined by the Division to be a
si nificant portion of the proiect,the full technical review is re uired.
2 Professional Engineer's Certificatwn.
1, - -VJtu.tAr-k 2. e, 4,pl�p.►•� attest that(liv application for 174-364,E13 ►J
(Pr-Acs:mnal f ngmcer�name from Appltcatton Item III I , (Project Name Ctom Application item 11 i p
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 Gras ity Sewers tlatcst vet-swo),and the `city rILip_Design Criteria for the Fast-Trat k Perinittin
of Punio Stations and I orce Mains I latest version) Although other processional;may have developed certain portions of this
submittal package, inclusion of these material; tinder 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 Genera Statutes 141-215 6A and l t?-215.613, any person who knowingly makes any false
statement, representation, or certification in an) application package shall be guilty of a Class 2 misdemeanor, which may
include a tine not to exceed S10,000,as well as civil penalties tip to S25.000 per v iolai ton Misrepresentation of the application
information, including failure to disclose any design non-compliance w ith the applicable Rules and design criteria,may subject
the North Carolina-licensed Professional Engineer to referral to the licensing board. (21 ACAC 56.0701 i
. \O\IIIIrl1//��
North Carolina Professional Engineer's seal,signature,and date: H CAR
r
r% • O r
1
� • f
z. Applicant's Certification per I5A,NCAC 02T 0106(b)
1, � ► _-W• �ro attest that this application for �;t12U+StrtJ G�tl1��n Imo_
tSignaturc AuthonLy Narnc f'rvm Appltcatton Itcm 13) IP`o'ect Narne from Applicaiion lien it 'i
attest that this application has been reviewed b) me and is accurate and complete to the best of m) knowledge.
l 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 cr minal prosecution 1 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 Genera: Statutes 141?„Sj.tht and 1•43 2 1; 611, any person wino 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 S10,000 as well as civil penalties tip to S25,000 per violation
Signature ) Irate _7))Zf-2,0',tf
FORM F FA 10-23 Page a of i
NCDc ,,of trr yirijj—e%.i i&i�il�ll i-,
State of North Carolina
Department of Environmental Quality
SEP 2 5 M4 Division of Water Resources
I)w i-W
Division of Water Resources Flow Tracking for Sewer Extension Applications
P%41691 Regional Office (FTSE 10-18)
Entity Requesting Allocation: SAB Page, LLC
Project Name for which flow is being requested: Pineview Glen Townhomes
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
1. Complete this section only if you are the owner of the wastewater treatment plant.
a. WWTP Facility Name: Triangle Wastewater Treatment Plant
b. WWTP Facility Permit#: NCO026051
All flows are in MGD
c. WWTP facility's permitted flow 12
d. Estimated obligated flow not yet tributary to the WWTP 0.992
e. WWTP facility's actual avg. flow 4.758
f. Total flow for this specific request 0.015075
g. Total actual and obligated flows to the facility 5.765
h. Percent of permitted flow used 48.0
1I. 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
Average Approx. Obligated, Total
Pump Pump Daily Current Not Yet Current
Station Station Firm Flow** Avg. Daily Tributary Flow Plus
(Name or Permit Capacity, * (Firm/p0, Flow, Daily Flow, Obligated Available
Number) No. MGD MGD MGD MGD Flow Capacity***
Page Point Unknown 0.168 0.067 0.0085 0.0151 0.024 0.043
Stirruplron WQ0039913 6.50 2.60 1.197 0.677 1.874 0.726
* 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): Durham County Sewer
Downstream Permit Number: WQCS00038
Page i of 6
r:rcr. 16 112
III. Certification Statement:
certify to the best of my knowledge that the addition of
the volume of wastewater to b 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 Il 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.
rlcn�cl ct>" q ILL Qt o aq
Signing Official Signature U Date
Title of Sign' g Official
Page 2 of 6
FTCF 10-1 R
Shipman Engineering, PLLC
August 12,2024 �C De)"of%i i1'
ualii7
Division of Water Resources Water Quality Section
Raleigh Regional Office SEP 2 5 2024
3800 Barrett Drive
Raleigh, NC 27609 Raleigh
Regional Office
Re: Fast Track Sewer Extension Application FTA 10-23 Cover Letter
Pineview Glen Townhomes-Durham, NC
Dear Sir or Madam,
Enclosed please find Fast Track Sewer Permitting materials,documents, and other information for the Pineview
Glen Townhome project located in Durham County, North Carolina. The project is located near the intersection of
Page Road and Page Road Extension,just north of Lumley Road.
The project scope includes 67 single-family residential townhome lots,to be served by a privately owned gravity
sanitary sewer system. The project includes approximately 1,449 linear feet of gravity sewer mains. The
requested flow allocation for this project is 15,075 gallons per day, using the metric of 75 gpd/bedroom/unit(for 3
bedroom townhome units). The proposed sewer will connect to an existing 8 inch gravity sewer line located to the
north of the site,owned by Durham County.
The project includes an aerial crossing of a jurisdictional stream as shown on the approved construction drawings.
The stream itself will not be impacted,and buffer impact permits have been obtained for the crossing.
Additionally,note that erosion control permits for the project have been issued by Durham County,and
construction drawings have been submitted and are nearing approval with the City of Durham(including
stormwater management permit). We expect the completed construction drawing approval within 10 days of this
letter.
Flow acceptance and treatment will be provided by Durham County. The developer has entered into the necessary
Utility Agreement in order to secure flow allocation from the County.
We have included the following documents in this submittal package:
• FTA 10-23 Fast Track Sewer System Extension Application
• Developer's Operational Agreement(Item J-For Developers of Lots to be Sold)
• NCSOS Documentation for SA Page,LLC
• USGS Quad Sheet Map with Project Elements
• Environmental Permits for Aerial Crossing
o Pre-Construction Notification Form-USACE/DWR
o USACE Nationwide Permit Approval SAW-2019-02258
o NCDWR 401 Water Quality Certification
• Attachment for High Priority Line-Sheet C-21(Aerial Sewer Crossing Profile from CD Set)
• FTSE 10-23 Form,Signed by Durham County
• Application Fee of$600
We appreciate your review of the enclosed project documents. If I may be of further assistance, please feel free to
contact me at your convenience.
Best Regards,
Shipman Engineering,PLLC 919.900.0006
137 Middlegreen Place zak@shipmanengineering.com
Holly Springs,NC 27540 NCBELS License P-1963
Zak Shipman, PE
Shipman Engineering,PLLC
SOSID: 2371199
Date Filed: 3/8/2022 10:06:00 AM
State of North Carolina Elaine F. Marshall
Department of the Secretary of State North Carolina Secretary of State
C2022 060 02464
Limited Liability Company NCDeptal�ntt►or�r;�
ARTICLES OF ORGANIZATION e7t�]
Qualitl.
Pursuant to§57D-2-20 of the General Statutes of North Carolina,the undersigned does hergby submit these Articles
of Organization for the purpose of forming a limited liability company. b�P 2 5 2424
LLC
I. The name of the limited liability company is: SAB Page
(See item Iofthe Instructions for appropriate entity'2lesig i'c�►L
2. The name and address of each person executing these articles of organization is as follows: (State whether each
person is executing these articles of organization in the capacity of a member,organizer or both by checking
all applicable boxes.)Note: This document must be signed by all persons listed.
Name Business Address Capacity
Bruce W Knott -5310 NC Highway 55,Suite 101 Durham NC,27713-7813 United States ❑Member[!]Organizer
❑Member❑Organizer
❑Member❑Organizer
3. The name of the initial registered agent is:Bruce W Knott -
4. The street address and county of the initial registered agent office of the limited liability company is:
Number and Street 5310 NC Highway 55 Suite 101
City Durham Statc:NC ZipCodc: 277I3-7813County: Durham
5. The mailing address, if different from the street address, of the initial registered agent office is:
Number and Street
City State: NC ZipCodc: County:
6. Principal office information: (Sclecteither a or b.)
a. []The limited liability company has a principal office.
The principal office telephone number:
The street address and county of the principal office of the limited liability company is:
Number and Street:
City: State: Zip Code: County:
BUSINESS REGISTRATION DIVISION P.O. BOX 29622 Raleigh,NC 27626-0622
(Revised August. 2017) corm L-01
The mailing address,if different from the street address, of the principal office of the company is:
Number and Street:
City: State: — Zip Code: County:
b. Q The limited liability company does not have a principal office.
7. Any other provisions which the limited liability company elects to include(e.g.,the purpose of the entity)are
attached.
8. (Optional): Listing of Company Officials(See instructions on the importance of listing the company officials in the
creation document.
Name Title Business Address
Bruce W Knott Manager 53 10 NC Highway 55, Suite 101 Durham
9. (Optional): Please provide a business c-mail address:
The Secretary of State's Office will e-mail the business automatically at the address provided above at no cost when a
document is filed. The e-mail provided will not be viewable on the website. For more information on why this service is
offered,please see the instructions for this document.
10. These articles will be effective upon filing,unless a future date is specified:
This is the lst day of March , 2022 .
Bruce W Knott
Bruce W Knott
Signature
Bruce W Knott Organizer
Type or Print Name and Title
The below space to be used if more than one organizer or member is listed in Item#2 above.
Signature Signature
Type or Print Name and Title Type or Print Name and Title
NOTE:
1. Filing fee is$125. This document must be filed with the Secretary of State.
BUSINESS REGISTRATION DIVISION P.O.BOX 29622 Raleigh,NC 27626-0622
(Revised Aubaist. 2017) form L 01
Shipman Engineering, PLLC
137 Middlegreen Place Holly Springs,NC ;a%
NC Dec Of�ilV7! ^ n
i!t" K
pj uallt�
(919)900-0006 NCBELS License P 1963 E
SE P 2 5 2024
LETTER OF TRANSMITTAL Raiei ��
Regionajf'iCe
To: NCDEQ Division of Water Quality Section
Raleigh Regional Office
3800 Barrett Drive
Raleigh, NC 27609
Subject: Pineview Glen Townhome Project- Fast Track Sewer Extension Application
Date: September 22, 2024
Copies Description
2 Permit Apps(Original and Copy)
1 Cover Letter
1 Fee Check-$600
1 FTSE Form
1 Developer's Operational Agreement
1 Sheet C-21: High Priority Line Exhibit (Aerial Crossing)
1 Misc. Documents- USGS Quad Map, Location Map, LLC Organization,etc.
1 Environmental Permits(401/404 approvals)
Transmitted:
❑ For your information ® For Your Review/Comment ❑ As Requested
® For Approval ❑ Other:
Comments:
Please let me know if you have any questions.
Sincerely,
Zak Shipman, PE
• File an Annual Report/Amend an Annual Report • Upload a PDF Filing • Order a Document Online -
Add Entity to My Email Notification List • View Filings • Print a Pre-Populated Annual Report form • Print
an Amended a Annual Report form
Limited Liability Company
Legal Name
SAB Page LLC
Information
Sosld: 2371199
Status: Current-Active 0
Date Formed: 3/8/2022
Citizenship: Domestic
Annual Report Due Date: April 15th
CurrentAnnual Report Status:
Registered Agent: Knott, Bruce W
Addresses
Mailing Principal Office Reg Office
5310 NC Highway 55 Suite 101 5310 NC Highway 55 Suite 101 5310 NC Highway 55 Suite 101
Durham, NC 27713 Durham, NC 27713 Durham, NC 27713-7813
Reg Mailing
5310 NC Highway 55 Suite 101
Durham, NC 27713-7813
Company Officials
All LLCs are managed by their managers pursuant to N.C.G.S. 57D-3-20.
Manager
Bruce W Knott
5310 NC Highway 55, Suite 101
Durham NC 27713-7813
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1�• }• -"""" � �• � r/am•J�''�►�i�. �.�r• •�, �'O''� e.�•N��t�r�
� r` a. .. � '+ ( •�'f•,,'�'•:lr � • 1 sty i+ .�. � '!�
a Propose. G i Sewer(yellow lines) _,, At
.l
WL V1.1 6
44.
Iq
DWR
Phhlah of Watt atsoetcn
Pre-Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
April 13,2022 Ver 4.3
Please nose fields marked with a red asterisk*below are required ':ou w91 not be able to submit the form until all mandatory questions are answered
Also,if a,any point you wish to print a copy of the E-PCN,all you need to do is nghrclick on the document and you can print a copy of the form
Gelow's a link to the n ma help fi'e
hltps:fedocs.deq ne.gov/WaterResources/0/edoc16247041PCN%20Help%20File%202018 1 30.pdt
A. Processing Information
Pr*-Filing Meeting Date Request was submitted on:
62812022
11 this is a courtesy copy please fill in this with the submission date
County(or Counties I where the Project Is located:
Qo-hd,"
Is this a NCOMS Project
yes • No
C✓a Vies say d NCOMS Ps pro amkanl or a pd,eant
is this project a public transportation project?
We • Nb
This A my pub"'unded by muniepal 11M or led i al lunds road.rod eirpon barKpwabon prop"
1a Type(s)of approval sought from the Corps*
Section 404 Permit(wetlands,streams and waters,Clean Water Act)
Section 10 Permit(navigable waters,tidal waters.Rivers and Harbors Act)
Has this PCN previously been submitted?
Yes
No
lb What type(&)of permit(s)do you wish to seek authorization?
Nationwide Permit(NWP)
Regional General Permit(RGP)
Standard(IP)
1c Has the NWP or GP number been verified by the Corps?"
Yes No
Nationwide Permit!NWP)Number. 29 Residential Developments
NWP Numbers(for multiple NWPS).
I It aNNW•. b. — Viol W Mdropdown Sl
1d Typil of approval sought from the DWR**
401 Water Quality Certification-Regular 401 Water Quality Certification-Express
Non-404 Jurisdictional General Permit Riparian Buffer Authonzation
Individual 401 Water Quality Certification
1e Is this notification solely for the record because written approval Is not required?
For the record only for DWR 401 Certilloation Yes No
For the record only for Corps Permit Yes No
if Is this an after-the-fact permit application?
Yes No
1g,Is payment Into a mitigation bank or in-lieu(as program proposed for mitigation of Impacts?
H x attach the acceptance letter hom m.9auon Deft.n...-.to
Yes NO
Acceptance Letter Attachment
. ..—u~Wi—w d.ag a� dmp Was here w attar 7Nvr*,aw
cILE TYPt 1.IVST 9E POr
lh Is the project located in any of NC's twenty coastal countieW
ras No
II.Isthe project located In a designated trout watershed?e
Yes No
Link to(rout trormation http;hvwwsaw.usace army.mihMisslonslRegulatory Permit Program!Agency-Coordinationfrrout aspx
B. Applicant Information
1a.Who is the Primary Contact?
Deborah Shirley
1c.Primary Contact Phone'
lb Primary Contact Email ' I...,..."..
dslvleyLsandec.com (919)846.5906
1d.Who is applying for the permit,
owner Applicant(other than owner)
Ywecl as♦ai a/W r:
1e Is there an Agent/Consultant for this project?'
Yes No
2.Owner Information
2a.Name(s)on recorded dead
SAB Page LLC
2b.Deed book and page no,.
08 00%64 DP 000114
2c.Contact Person:
;Nr'::apnYgntj
Bruce Kron
2d.Address'
sins"Address
5310 NC Highway 55.Suite 101
Addw"lme 2
Olt Late.�to.enne eeau.
Durham tdc
>'edW'Lp Go" Oe. "
27713 USA
2e.Telephone Number:e
(...........
(919)201 7306
21.Fax Number,
ItarYea-am
2g,Email Address:a
bknoll@pinpnintprop com
4.Agent/Consultant(if applicable)
4e.1l ievis e
Deborah Shirley
4b Business Name,
+apD..aMe1
Soil 5 Environmental Consultants.PA
4c Address'
.—
8412 Fat 5 of Meuse Road.Suite 104
MrN\•w 3
r..lr Elea i rM,,,.b Mpoe
Raleigh NC
Po-r tw core Gio"
27615 USA
4d.Telephone Number 4e.fax Number:
(919j846-5900 1919)S46-9467
••.N.\.1.a la\.R•.4+r
4(-Emall Address:'
dshirley@sandec,com
C. Project Information and Prior Project History
1.Project Information
1 a.Name of project.'
1b Subdivision name.
1c.Nearest municipality'town '
I,
2.Project Identification
2a Property Identification Number 2b Property size:
0759-62-06-9597 to'
2c.Project Address
sr.ei�un.a
2211 Page Road
�e.Pe.•I ti 7
Ur 5W.:vro.+ie,aeeoF
l?umam NC
Nff11'20 teen Co I y
27560 USA
2d Site coordinates in decimal degrees
O-ase collect site .,rdinates n decimal degrees Use between 4-6 digits lunless you are using a survey-grade GPS device)after the dn-mal place as apprnpriate,based on how the location was
^etermined F n example most mobde phones with GPS provide locational precision in de'=,real degrees to map coordinates to 5 or 6 digits after the dear-ial place.i
Latitade ' Long tude.'
35 927473 .78 812316
as N JOIN.• 47 7%37.
3.Surface Waters
3a.Name of the nearest body of water to proposed project:e
UT to Little Bner Creek
3b,Water Resources Classificat on of nearest receiving water e
C NSW
Surlace water Lookup
3c.What river basin(s)is your project located in?'
Neuse
3d.Please provide the t2-dlgk HUC in which the project Is located
030202010801
River Barn Lookup
A. Project Description and History
4a Describe the existing conditions on the site and the general land use In the vicinity of the project at the links of this application:'
Existing conditions ensile consists primarily of forested.and Spec fwally.there are three(3)wetland features W 1 W3; one(1)linear wetland(Lull),two(21 intermittent streams(SB&
SC),and one(1)perennial stream ISA)feature located on the property Genrrai land use in the vicinity of the project consists of forested land as well as commercial and residential
developments.Page Road bound;the property to the west
4b Have Corps permits or DWR certifications been obtained for this project(including all prior phases)in the past?'
Yes No Unknown
4f.List the total estimated acreage of all existing wetlands on the property.
Approximately 0 065 acres
4g List the total estimated linear feet of all existing streams on the property
Iin'mmillm.aM perenn.al,
Approximately 832 tF
4h.Explain the purpose of the proposed project:'
The proposed project consists of the construction of a multi-family residentia development and its necessary infrastructure
41.Describe the overall project In detail,Including Indirect impacts and the type of equipment to be used:*
The overall project consists of the�onstructlon of a muit-family res denbal development including but not limited to'.roadway infrastructure,residential lots,utilities,and SCM's.Specifically.
there is one(1)road crossing that impacts a-near Welland and one;11 utility crossing that impacts a stream Egmpment typically used for construction and earthwork such as backhoes.
bulldozers,excavators,graders,pavers etc MI be utilized Ior this project
5.Jurisdictional Determinations
5a.Have the wetlands or streams been delineated on the property or proposed Impact areas?
'r�s N•� llllkltewn
Comments
5b If the Corps made a jurisdictional determination,what type of determination was made?
Preliminary Approved Not Verified Unknown NIA
Corps AID Number
f.a"Wr$^W 2017 Mike
SAW,2019.02258
Sa R So is yes,who delineated the jurisdictional areas?
Name(if known) Steven Ball
AgencylConsultanl Company: Soil&Environmental Consultants,PA
Other:
S&list the dates of the Corp jurisdiction determination or State determinet(on If a determination was made by the Corps or DWR
NCDWR Site wsd and determination made by Ray Milosh and Issued on November 22,2019(NBRRO 919 385)
USACE Site v sit and determnation made by Samantha Dailey and AJDIJO issued on August 6 2020
6. Future Project Plans
6a.Is this a phased project?'
Yes No
Are any other NWP(s),regional general parmlt(s),or individual permits(s)used,or Intended to be used,to authorize any part of the proposed project or related activity?This includes other
separate and distant crossing for linear projects that require Department of the Army authorization but don't require pre-construction notification.
It is my understanding that there are no Intended future phases beyond the property boundaries shown Therefore no additional NWP Regional General Permits,or IP are anticipated
D. Proposed Impacts Inventory
1. Impacts Summary
1a Where are the,mpects associated with your project?(check all that apply;
A'edands Streams tribulaners Buffers
span Waters Pond ConStruClior,
2.Wetland Impacts
If there are wetland impacts proposed on the site,then complete this question for each wetland area impacted.
"W."will be used In the table below to represent the word"wetland".
2a.SIN e' 2a1 Reason' 2b.Impact type'I'+ 2c.Type of W. 2d W.name' 2e.Forested' 2f,Typo of Jurisdic111on'129,Impact
area'
Impact A Road Crossing P F.I.Itar Forest LW 1 --�Yes Fla
0,006
ec.n,
Impact A Road Crossing earlwasr Fnmst x Lot
Temporary Construction ewes
A,-cess
29.Total Temporary INetiand Impart
0,001
29.Total Permanent Wetland Impact
O.O06
2g.Total Wetland Impact
0 007
2t Comments
3. Stream Impacts
If there are perennial or intermittent stream Impacts(including temporary impacts)proposed on the site,then complete this question for all stream sltes Impacted.
"S."will be used In the table below to represent the word"stream".
C 3a Reason for Impact 3b.lmpact type 3c.Type of Impact S name 3e Stream Type" �3f.Type of 39 S width -3h.Impact
(Jurisdiction* ; length
S1 1� uact B Utility Crossing Temporery, r Stream C f erennial Both 5
Maeee;liel, ;BYO awl
"A I Perenn at or intermittent streams must be verified by DWR or delegated local government
31 Total jurisdictional ditch Impact in square feet:
31 Total permanent stream Impacts
31 Total temporary stream mpacts
31 Total stream and ditch impacts
31 Comments
E. Impact Justification and Mitigation
I.Avoidance and Minimization
Is.specifically describe measures taken to avoid or minimize the proposed Impacts in designing the project e
SSEC completed a wetland del-rieabon and Neuse Rver Buller evaluation for the entire property so that natural resources can be identified and impacts
minimized to the maximum extent practicable Impact area A 5 proposed permanent and temporary linear nelland inpacls for a road crossing This
road crossing is necessary to ro,irecl the entire southern portion of the development with the northern portion of the development.The crossing itself
was strategrcrdly placed between Wetland feature 3 and Stream feature A to avoid potential additional weband and stream impacts,Retaining walls and
a riprap disslpator will be utilized at the grossing to minimize wetland impacts to the maximum extent practicable Impact area'B'is proposed temporary
stream impacts for a utility crussinng.The'Tossing will occur at a perpeoditL w aigle with the stream to minimize stream impact to the maximum extent
practicable This impact is necessary to provide sanitary sewer to the development and will be connecting to an existing sewer easement located north
of the properly.It should be noted that Per the Neuse River Buffer rules,the buffer impacts are considered'deemed allowable'and are not included
within the impact table.
1b specifically describe measures taken to avoid or minimize the proposed knpacts through construction techniques:'
Measures taker will be 10 install the single cutven cfossi,�g .f the linear wetland using an upstream coffer dam wAh temporary pump around while the
pipe is being put in SO fence will he installed on either ide of the wella-id and silt fence outlets w11 direct Pow to minimize water entering the work site
2.Compensatory Mitigation for Impacts to Waters of the U.S.or Waters of the State
2a Does the project require Compensatory INltlgation for Impacts to Waters of the U S or Waters of the State?
Yes No
2b.1f this project DOES NOT require Compensatory Mitigation,explain why-.
There are no proposed permanent stream Impacts and at permanent wetland impacts are less Ihan a 10 acres.
NC Stream Temperature Classification Maps can be found under the Mitigation Concepts tab on the Wilmington District's R1BtTs v.ebs,/e
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
—Recent changes to the stonnwaler rules have required updates to this section Y'
1. Diffuse Flow Plan
la.Does the project include or is It adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
Yes Nn
1b All buffer impacts and high ground impacts requ re diffuse flow or other form of stormwater treatment II the project is subject to a state implemented riparian buffer protection program,
include a plan that fully documents how diffuse flow will be maintained.
All Stormwater Control Measures(SCM)s must be designed in accordance with the NC Stormwater Design Manual Assec,ated supplement forms and other documentation shall be
provided
What type of SCM are you providing?
Level Spreader
Vegetated Conveyance(lower SHWT)
Welland Swale(higher SHWT)
Other SCM that reproves minimum 30%nitrogen
Proposed pr0jeC1 will not create concentrated stormwater flow through the buffer
for a list of options to meet the diffuse now requirements click here
2. Stormwater Management Plan
2a Is this a NCDOT project subject to compliance with NCDOT s individual NPDES perm,t NCS000250?'
Yos N'
2b Does this project meet the requlrements for low density projects as defined In 15A NCAC 02H 1003(2)?'
Yes No
To look up low density requirement Uick here 75A N.N 21-1 t o
2c Does this project have a stormwater management plan(SMP)reviewed and approved under a state stormwater program or state-approved local government stormwater program?"
Yes No
NIA-project disturbs e 1 acre
Hl, projects That nave.esled ngMls eremohons a grandfathenng hom slate m IocalN anplamented slarmwater programs.,.propcts that satisfy stale N locally--demented stormwater programs through use of cwnmundy—eu programs should answer
—t en question
2d Which of the following stormwater management program(s)apply(check all that apply)'
Local Government State
N yq,have is-al gmernmeht approval please-, do ate SMPon Um d,erell mpa J map
Local Government Stormwater Programs"'
Phase II NSW
USMP Water Supply
Please identify which local government stormwater program you are using'
City of Durtsam
Comments:
G. Supplementary Information
1. Environmental Documentation
1a Does the project Involve an expendllure of public(federallstatellocal)funds or the use of public(fedora Vstate)land?'
Yes No
2.Violations (DWR Requirement)
2a.Is the site in violation of DWR Water duality Certification Rules(15A NCAC 21-1 0500),Isolated Wetland Rules(15A NCAC 2H 1300),or DWR Surface Water or Wetland Standards or
Riparian Buffer Rules(15A NCAC 20 0200)?'
Yew; N,
3. Cumulative Impacts (DWR Requirement)
3a.Will this project(based on past and reasonably anticipated future Impacts)result In additional development,which could impact nearby downstream water quallty7"'
Yes No
3b.If you answered-no,*provlds a short narrative description.
We have reviewed the-Draft Irlemal Policy,l:umu alive impacts and the 401 Water Quality Certification and Isolated Wetlands Progranis"document
prepared by the NC Division of Water Quality on Apr�10,2004.version 2 1.The draft states that many private developments are unlikely to cause
cumulative impacts.including prcyects such as urban n-fill,most residential subdivisions and small commercial developments as well as agricultural and
sitvicultural operations the Pinewew Gfea project is a residential development Additionally,the project is located within the City of Durham ETJ,
therefore the adjacent properties that have potential for development cad have the following regulations to protect downstream waters 1)the Neuse
River Basin Riparian Buffer Projection regulations,these regulations require limited development within the riparian buffer area.in addition Best
Management Practices may be required that::onuol nitrogen if diffuse:low cannot be achieved:2)the Phase-I NPDES Stormwater Permit Program.this
program mcludes pennilting roquirements for Municipal Separate Storm Sewer Systems(MS4s)in addition to post-caostruclion stormwater
management requirements.We anticipate that the OWR will advise us if any additional information is needed.
4. Sewage Disposal (DWR Requirement)
4a Is sewage disposal required by DWR for thls project`:
Yes No NIA
4b Describe,In detai,the treatment methods and dispositions(non-d scharge or discharge)of wastewater generated from the proposed project If the wastewater wilt be treated at a
treatment plant.list the capacity available at that plant
Non discharge wastewater wA be generated ano treated at the Triangle Treatment Plart which has a capacity of 12 million GPD
5. Endangered Species and Designated Critical Habitat(Corps Requirement)
Sa.WIN this project occur in or near an area with federally protected species or habitat?
Yes N
Sb Have you checked with the USFWS concerning Endangered Species Act impacts?
Yes N
5c.If yes Indlcate the USFW$Field Office you have contacted
5d Is another Federal agency Involved?
Yen No L•rknogr
5a.Is this a DOT project located within Div sion s 1.8?
Yee Ma
5f Wil I you cut any trees m order to conduct the work In waters of the U S?'
Yus Na
59.Does this project involve bridge maintenance or removal?
Yes No
Link to the NLEB SLOPES document,http saw-reg.usace army miVNLEBrt 30-17 signed NLEB-SLOPES&apps.pdf
5h.Does this project Involve the constructionlinsta lation of a wind turbine(s)?'e
Yrn No
51 Does this project involve(1)blasting,andlor(2)other percussive activities that wi I be conducted by machines such as jackhammers.mechanized pile drivers,etc?
Yes No
51-What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
S&EC completed a Threatened&Endangered Species Report,to include a Sell-Certification letter through the US Fish&Wildlife Service(USFWS).a
query through the NC Natural Heritage Program database,and an official Species List through the Pac.A formal request was sent to the USFWS on
July 27,2022.S&EC has not yet received response from USFWS that they concurred with the determinations made by S&EC that the proposed actions
is not likely to adversely affect any federally-listed endangered or threniened species,their formally designated critical habitat.or species currently
proposed for listing under the Endangered Species Act(ESA).Please see attached S&EC Threatened 8 Endangered Species report.S&EC will pass
along any feedback from USFWS once received.
6. Essential Fish Habitat(Corps Requirement)
6a.Will this project occur In or near an area designated as an Essential Fish Habitat?
Yes No
8b.What data sources did you use to determine whether your site would impact an Essential Fish Habitat?"
The NOAA Habitat Conservation/Habitat Protecli aUonal Marine Fish Service.Essential Fish Habitat Mapper website was referenced.No Essential
Fish Habitat was identified near the project
7. Historic or Prehistoric Cultural Resources(Corps Requirement)
Link to the State Historic Preservation Office Historic Properties Map(does not Include archaeological data b.UjlSgis.ncdcr.ggy(bnoweb!
7a Will this project occur In or near an area that the state,federal or tribal governments have designated as having historic or cultural preservation status(e.g.,National Historic Trust
designation or properties significant In North Carolina history and archaeology)?
Yes No
7b.What data sources did you use to determine whether your site would knpaat historic or archeological resources?'
The NC State Historti-Preservation Office HPOWES GIS Service Interactive map was referenced on June 27,2022,no historic listings or study list
entries or determined eligible•stings vere identified within the property boundares Additionally,no structures exist within the property boundaries.
8. Flood Zone Designation (Corps Requirement)
Link to the FEMA Floodplain Maps: haps.;imsc fema govportallsea-�h
8a.Will this project occur in a FEMA-designated 100-year Roodplain?'
Yes ' No
8c.What source(s)did you use to make the floodplain determination?'
NC Flood Risk Information System Fioodplain Mapping Program and confirmalion from the project engineer
Miscellaneous
Comments
Please use the space below to attach all required documentation or any addltional Information you feel Is helpful for appl,calion review.Documents should be combined into one file when
possible,with a Cover Letter.Tab a of Contents,and a Cover Sheet for each Section preferred
01K.1 M Upload wl,cri�d,eg.,d drop 1:•6I.N rn Mle:.i doom.•
PCN Attachments-Pineview Glen pdf
I, adi-.,:pr .M.Vz
Signature
By checking the box and signing below-1 cerlify that
The project proponent hereby certifies that all reformation contained herein is true,accurate and complete to the best of my knowledge and belief:and
The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of lime
I have given true accurate and complete information on this form:
t agree that submission of INS PCN form is a transaction-subject to Chapter fib Article 40 of the NC General Statutes jlhe-Uniform Electronic Transactions Act'):
• agree to conduct this transaction by eiectronc means pursuant to Chapter 66 Articie 40 of the NC General Statutes(the"Uniform Electronic Transactions Act')
• I understand that an electronic signature has the same legal effect and car-be enforced in the same way as a written signature:AND
• I mend to electron cally sign and submit the PCN form
Full!Nome,'
Deborah Shirley
lgmtuw'
oaa
8,17a022
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2019-02258 County: Durham U.S.G-S.Quad: NC-Southeast Durham
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: SAB Page,LLC.
Attn: Bruce Knott
Address: 5310 NC Highway 55,Suite 101
Durham,North Carolina 27713
Telephone Number: 919.201.7306
E-mail: bknott i oinpointprop.com
Size(acres) -to Nearest Town Durham
Nearest Waterway Little Brier Creek River Basin Neuse
USGS HUC 03020201 Coordinates Latitude: 35.9274
Longitude:-78.8123
Location description: The proiect area is located at 2211 Page Road in Durham,Durham County,North Carolina.
Description of projects area and activity: This verification authorizes the permanent discharge of fill material into 0:006 acre of
riparian non-riverine wetlands.The temporary discharge of fill material is also authorized into 0.001 acre of wetlands and 33
linear feet(0.004 acre)of stream channel.These impacts are necessary for the Pineview Glen Townhomes residential
development and associated infrastructure.
Applicable Law(s): ®Section 404(Clean Water Act,33 USC 1344)
❑Section 10(Rivers and Harbors Act,33 USC 403)
Authorization: Nationwide Permit 29.Residential Development
SEE ATTACHED NWP GENERAL, REGIONAL, AND/OR SPECIAL CONDITIONS
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
Conditions, your application signed and dated 8/17/2022, and the enclosed plans "Pineview Glen Townhomes — Stream and
Wetland Impact Overall Site Map"dated 6/23/2022.Any violation of the attached conditions or deviation from your submitted
plans may subject the permittee to a stop work order,a restoration order,a Class I administrative penalty,and/or appropriate
legal action.
This verification will remain valid until the expiration date identified below unless the nationwide and/or regional general permit
authorization is modified,suspended or revoked. If,prior to the expiration date identified below,the nationwide and,of regional general
permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below,provided
it complies with all requirements of the modified nationwide permit. If the nationwide and/or regional general permit authorization
expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the
nationwide permit,activities which have commenced(i.e.,are under construction)or are under contract to commence in reliance upon
the nationwide and/or regional general permit, will remain authorized provided the activity is completed within twelve months of the
date of the nationwide and/or regional general permit's expiration,modification or revocation,unless discretionary authority has been
exercised on a case-by-case basis to inodify,suspend or revoke the authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Resources(telephone 919-807-6300)to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act(CAMA),prior
to beginning work you must contact the N.C. Division of Coastal Management Morehead City,NC,at(252)808-2808.
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State
or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of
Engineers regulatory program,please contact April Norton at 919-441-3637or A ril.R.Norton a usace.arm .mil.
Corps Regulatory Official: J��Xiel 4442fi�`L Date: 11/16/2022
Expiration Date of Verification: 3/14/2026
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so,please complete the Customer Satisfaction Survey located at
ht corpsmapu.usacc.arm}.nail cm apex I'll,- 136
Copy ftimished:
Agent: Soil& Environmental Consultants, PA.
Attn: Deborah Shirley
Address: 8412 Falls of Neuse Road,Suite 104
Raleigh.North Carolina 27615
Telephone Number: 919.846.5900
E-mail: dshirlev@sandec.com
Action ID Number: SAW-2019-02258 County: Durham
Permittee: SAB Page, LLC., Attn: Bruce Knott
Project Name: Pineview Glen Townhomes
Date Verification Issued: 11/16/2022
Project Manager: April Norton
Upon completion of the activity authorized by this permit and any mitigation required by the permit,
sign this certification and return it to the following address:
US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Attn: April Norton
Raleigh Regulatory Office
U.S Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
or
April.R.Norton@usace.army.mil
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. Failure to comply with any terms or conditions of this authorization may
result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I
administrative penalty, or initiating other appropriate legal action.
I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and condition of the said permit, and required mitigation was completed in
accordance with the permit conditions.
Signature of Permittee Date
PAGE RD-SR 1973
%
WETLAND
IMPACTAREA'X
WETLAND
W3 WI-02 f INTERMITTENT
STREAM A
WETLAND W2
%
LINEAR 50'RIPARIAN
WETLAND \."
LY 4 BUFFER
I INTERMITTENT
2, f STREAM C
WI-03
,—STREAM IMPACT AREA
v,
t (DEEMED ALLOWABLE)
%
_—PERENNIAL
STREAM C
SCALE 1 IN=100 FT
100, 50, 0 100, 200,
SHEET WI-0
SCALE IN FEET
HORIZONTAL
IS H I P M A N PINEVIEW GLEN TOWNHOMES PLAN INFORMATION
PROJECT V 2022-011
E N G I N E E R I N G STREAM&WETLAND IMPACT OVERALL SITE MAP DRAWN BY WzS
137 MIDDLErEEN PLACE SNIPMM IN ENOEERING.P.LZ CITY OF DURHAM.OURHAM COUNTY.NORTH CAROLINA SCALE AS NOTED
HOLLY Spn OS NC27540 NCBELS LICENSE P-'%a DATE —2ffUU2Z?—
IMPACT AREA'A'TOTALS:
PERMANENT WETLAND IMPACT AREA PERMANENT WETLAND IMPACT 0 SF
PERMANENT LINEAR WETLAND IMPACT:267 SF(0.D061 AC.;
PERMANENT LINEAR WETLAND IMPACT PERMANENT LINEAR WETLAND IMPACT LENGTH:89 LF
TEMP LINEAR WETLAND IMPACT AREA.29 SF(0,00067 AC)
TEMP LINEAR WETLAND IMPACT LENGTH:10 LF
PERMANENT STREAM IMPACT AREA
ZONE 1 RIPARIAN BUFFER IMPACT AREA:0 SF
ZONE 2 RIPARIAN BUFFER IMPACT AREA:0 SF
TEMPORARY WETLAND IMPACT AREA
ZONE 1 RIPARIAN BUFFER IMPACT AREA
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SHEET WI-02
PLAN INFORMATION
S H I P M A N
PINEVIEW GLEN TOWNHOMES PROJECT N: i2Z-011
E N G 1 N L L R I N G STREAM AND WETLAND IMPACT AREA W ORAWNBY I_
137 MIDDLEGREEN PLACE SHIPMAN ENGINEERING.PLLC CITY OF DURHAM.DURHAM COUNTY.NORTH CAROLINA SCALE AS NOTED
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SHEET WI-43
S H I P M A N PINEVIEW GLEN TOWNHOMES PLAN INFORMATION
VNOJECT R 20229L_
L N G I N L E R I N (i STREAM AND WETLAND IMPACT AREA W PROFILE DRAWN BY was_
137141DDLEGREENPLACE SHIPMMIENC�INEERING.PLLC CITY OF DURHAM,DURHAM COUNTY NORTH CAROLINA SCALE AS NOTED
HOLLY SPRINGS.NC 27540 NCBELS LICENSE P-1963 DATE 0A@32022
IMPACT AREA W TOTALS:
PERMANENT WETLAND IMPACT AREA
PERMANENT WETLAND IMPACT:0 SF
PERMANENT LINEAR WETLAND IMPACT:0 SF
PERMANENT LINEAR WETLANU IMPACT PERMANENT STREAM IMPACT AREA:3 SF
PERMANENT ST REAM IMPACT LENGTH;0LF
PERMANENT STREAM IMPACT ARFA TEMPORARY STREAM IMPACT.166%fO.0038 AC.)
TEMPORARY STREAM IMPACT LENGTH.33 LF
ZONE 1 RIPARIAN BUFFER IMPACT AREA:2.125 SF(0.049 AC 1
TEMPORARY WETLAND MPAC T AREA ZONE 2 RIPARIAN BUFFER IMPACT AREA:1,492 SF(0,034 AC 1
ZONE 1 RIPARIAN BUFFER IMPAC'AREA
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DO 7723 PG 130
SHEET WI-04
ISH I P M A N PINEVIEW GLEN TOWNHOMES IP FORMATION
I PROJECTJECT o 2022-011
ENGINEERING STREAM AND WETLAND IMPACT AREA W DRAWN BY Vas
137 MIOblEGREEN PLACE SHIPMAN ENGINEERING.PLLC CITY OF DURHAM,DURHAM COUNTY,NORTH CAROLINA SCALE AS N0TE0
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PLAN INFORMATION
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DocuSign Envelope ID:CC570536-666B-488B-B47F-1155A86E91315
STATE-,
ROY COOPER
Governor
ELIZABETH S.BISER
Secretary
RICHARD E.ROGERS,JR. NORTH CAROLINA
Director October 21,2022 Environmental Quality
DWR#20221120
Durham County
SAB Page, LLC
Attn: Bruce Knott
5310 NC Hwy 55, Suite 101
Durham,NC 27713
(via email bknott@pinpointprop.com)
Subject: Approval of Individual 401 Water Quality Certification
Pineview Glen Townhomes
USACE Action ID. No. SAW- 2019-02258
Dear Bruce Knott:
Attached hereto is a copy of Certification No. 5271 issued to Bruce Knott and SAB Page, LLC,dated
October 21,2022. 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.
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.
?lorrh Carolina Depanni.-at of l m n•onrxn:al Qnahiy I INVIMi l of%%Wr RCSourCC,
Rater_h Regional Ofli e I W)o Mirw-.i D-t,e I Raleigh.N-,nh Carolina 2 609
�� 91.791 4200
DocuSign Envelope ID:CC570536-666t3A88t3-B47F-1155A86tyD15 Pineview Glen Townhomes
D W R#20221120
Individual Certification#WQC005271
Page 2 of 14
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 [I 5A 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
Imp www nc(Y.111,con, or by calling the OAH Clerk's Office at(919)431-3000.
One (1) copy of the Petition must also be served to the North Carolina Department of Environmental
Quality:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh,NC 27699-l 601
If the party filing the Petition is not the permittee, then the party must also serve the recipient of the
Authorization Certificate 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 Colleen Cohn at 919-791-4258 or Colleen.Cohn;a;ncdenr.uov ifyou have any
questions or concerns.
Sincerely,
DocuSlpned by:
I
� VIn,Sbt�.
BCDA9D825D4A48D
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources,NCDEQ
cc: Deborah Shirley, Soil& Environmental Consultants(via email)
April Norton, USACE Raleigh Regulatory Field Office(via email)
DWR 401 & Buffer Permitting Branch Electronic file
Vonh Carolina Depamnenl of In,ironmenml Quality I lln won of 11�ater Resources
e�,fD QM� ltalctgIt Regiard Office I i800 Barrett Dnve I 1610gh Aorth CarPltna 2Nt09
919 791 A200
DocuSign Envelope ID:CC570538-6668-48813-847F-1155A86E9D15 Pineview Glen Townhomes
DWR#20221120
Individual Certification#WQC005271
Page 3 of 14
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION#5271 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 Bruce Knott and SAB Page, 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 August 17, 2022, and payment received August 23, 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)]
Type of Impact Amount Approved Amount Approved
(units)Permanent (units)Temporary
404/401 Wetlands:
W 1: Road Crossing 0.006 acres 0.001 acres
404/401 Streams:
S 1: Utility Crossing 0 linear feet 33 linear feet
This approval requires you to follow the conditions listed in the certification below:
CONDITIONS OF CERTIFICATION [15A NCAC 02H .0507(c)]:
1) Erosion and Sediment Control:
Appropriate measures should be installed prior to any land clearing activities to protect wetlands, streams,
and/or buffers from turbidity and/or sedimentation. These measures should be routinely inspected and
properly maintained, and excavated materials should be contained outside wetland,stream, and/or buffer
boundaries. Excessive silt and sediment loads can have numerous detrimental effects on aquatic resources
including destruction of spawning habitat,suffocation of eggs, and clogging of gills of aquatic species.
Citation: 15A NCAC 02H.0506(b)(1)and(2)
Justification: Surface water quality standards require that conditions of waters be suitable far all best
uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and
maintenance of biological integrity, wildlife, secondary contact recreation, agriculture); and that
activities must not cause water pollution that precludes any best use on a short-term or long-term basis.
2) Stormwater Management Plan:
The Permittee shall secure an approved stormwater management plan(SMP) from the locally delegated
government's stormwater program before any impacts authorized in this certification occur.
Citation: 15A NCAC 02H.0506; 15A NCAC 02H.0507(c)
Justification:Surface water quality standards require that conditions of waters be suitable for all best
uses provided for in state rule(including, at minimum: aquatic life propagation, survival, and
maintenance of biological integrity; wildlife; secondary contact recreation; agriculture); and that
D EQ�� Vonh CarolinaEJcpartmonO of hnvrrpomental F)uaPt) I Ui%i.rou of 1katcr Reiuurco5
Z,il—,h Rr•ional Office i$IIQ Mur..0 Or,.: I Raleigh \orth Carolina 2760Q
DocuSign Envelope ID.CC57053B-6666-488B-B47F-1155A86E9D15 Pineview Glen Townhomes
DWR#20221120
Individual Certification#WQC005271
Page 4 of 14
activities must not cause waterpollulion that precludes any best use on a short-term or long-term basis.
3) If this Water Quality Certification is used to access residential, commercial or industrial building sites,
then all parcels owned by the permittee that are part of the single and complete project authorized by this
Certification must be buildable without additional impacts to streams or wetlands.
Citation: 15A NCAC 02H.0502(a);15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c)
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 ofstandards or would result in secondary or
cumulative impacts
4) For road construction purposes,this Certification shall only be utilized from natural high ground to
natural high ground.
Citation: 15A NCAC 02H.0502(a);1 SA 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 ofstandards or would result in secondary or
cumulative impacts.
5) Deed notifications or similar mechanisms shall be placed on all lots/parcels with retained jurisdictional
wetlands,waters,and state regulated riparian buffers within the project boundaries in order to assure
compliance with NC Water Quality Certification Rules(I 5A 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.
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 ofstandards or would result in secondary or
cumulative impacts.
6) For all dam removal projects meeting the definition under G.S. 143-215.25 and requirements under G.S.
143-215.27 of a professionally supervised dam removal, the applicant shall provide documentation that
any sediment that may be released has similar or lower level of contamination than sediment sampled
from downstream of the dam in accordance with Session Law 2017-145.
Citation: 15A NCAC 02H.0502; 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c); 15A
NCACO2B.0200; S.L. 2017-145
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
Vunh Carohna mpanment ol'invironmcnlal Quam) I Di%ision ol'Wmer Resources
DHE�Q5 Raleigh Rcgonai Office3ROq Narita Dmc I It,tictgh Kurth Carolina 2'609
«_..,r.. .�-..�.,.,- 919 791 42011
DocuSlgn Envelope ID:CC57053B-666E-4886-B47F-1155A86E9D15 Pineview Glen Townhomes
DWR#20221120
Individual Certification#WQC005271
Page 5 of 14
state water quality standards(including designated uses, numeric criteria, narrative criteria and the
state's antidegradation policy), the Division must evaluate if the activity has avoided and minimized
impacts to waters, would cause or contribute to a violation of standards or would result in secondary or
cumulative impacts.
7) 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)
Justification: The referenced Minimum Design criteria and 02T rules were adopted to ensure that
conditions of waters be suitable for all best uses provided for in state rule
(including, at minimum: aquatic life propagation, survival, and maintenance of biological integrity;
wildlife:secondary contact recreation: agriculture); and that activities must not cause water
pollution that precludes any best use on a short-term or long-term basis.
b) Any utility construction corridor that is parallel to a stream or open water shall not be closer than 10
feet to the top of bank or ordinary high-water mark.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c)
Justification:A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. In determining that the proposed activity will
comply with state water quality standards (including designated uses, numeric criteria, narrative
criteria and the state's antidegradation policy), the Division must evaluate if the activity has avoided
and minimized impacts to waters, would cause or contribute to a violation of standards or would
result in secondary or cumulative impacts.
c) Where there are temporary or permanent impacts from stream crossings, utility lines shall cross the
stream channel at a near-perpendicular direction(i.e., between 75 degrees and 105 degrees to the
stream bank).
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c)
Justification:A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. In determining that the proposed activity will
comply with state water quality standards (including designated uses, numeric criteria, narrative
criteria and the state's antidegradation policy), the Division must evaluate if the activity has avoided
and minimized impacts to waters, would cause or contribute to a violation of standards or would
result in secondary or cumulative impacts.
d) Construction corridors in wetlands and/or across stream channels shall be minimized to the maximum
extent practicable and shall not exceed 40 feet wide for utility lines.
For construction corridors in wetlands and across stream channels,stumps shall be grubbed only as
needed to install the utility and remaining stumps shall be cut off at grade level. The general stripping
of topsoil within wetlands along the construction corridor is prohibited.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c)
Noah LalrtLna lltparnrnmt nl 1 n�irunmcnlal Qualit} I Uici.iat of R'atcr Rrwurccs
KuICILtt Regional OffiLC 1 3800 Mural Wivc I kalcigh.Narth Carulina 27609
919 791 42011
DocuSlgn Envelope ID:CC57053B-666B-488B-B47F-1155A86E5D15 Pineview Glen Townhomes
DWR#20221120
Individual Certification#WQC005271
Page 6 of 14
Justification:A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected hr 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.
e) Permanent maintained access corridors in wetlands and across stream channels shall be restricted to
the minimum width practicable and shall not exceed 30 feet wide except at manhole locations.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c)
Justification:A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. In determining that the proposed activity will
comply with state water quality standards (including designated uses, numeric criteria, narrative
criteria and the state's antidegradation policy), the Division must evaluate if the activity has avoided
and minimized impacts to waters, would cause or contribute to a violation of standards or would
result in secondary or cumulative impacts.
f) For all utility lines constructed within wetlands,an anti-seep collar shall be placed at the downstream
(utility line gradient) wetland boundary and every 150 feet up the gradient until the utility exits the
wetland. Anti-seep collars may be constructed with class B concrete, compacted clay, PVC pipe, or
metal collars. Wetland crossings that are directionally drilled, and perpendicular wetland crossings
that are open cut and less than 150 feet long do not require anti-seep collars. The compacted clay
shall have a specific infiltration of 1 X 10-5 cm/sec or less. See Water Quality General Certification
No. 4256 for a section and plan view diagram for the anti-seep collars.
The following specifications shall apply to class B concrete:
i) Minimum cement content, sacks per cubic yard with rounded coarse aggregate 5.0
ii) Minimum cement content, sacks per cubic yard with angular coarse aggregate 5.5
iii) Maximum water-cement ratio gallons per sack 6.8
iv) Slump range 2" to 4"
v) Minimum strength - 28-day psi 2,500
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c)
Justification:A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. In determining that the proposed activity will
comply with state water quality standards (including designated uses, numeric criteria, narrative
criteria and the state's antidegradation policy), the Division must evaluate if the activity has avoided
and minimized impacts to waters, would cause or contribute to a violation of standards or would
result in secondary or cumulative impacts.
g) The permittee shall have a specific plan for restoring wetland contours to pre-construction conditions.
Any excess material will be removed to a high ground disposal area.
The mixing of topsoil and subsoils within the wetlands along utility corridors shall be minimized to
the greatest extent practical. During excavation, the soils shall be placed on fabric to minimize
impacts whenever possible. Topsoil excavated from utility trenches will be piled separately from
subsoils and will be backfilled into the trench only after the subsoils have been placed and compacted.
North Carolina Department of 1 nwonmental Qualit) I Dwsion of Watcr RLsources
Raleigh Regrorml Office t 3800 1larrett Dnve I Italeiglt.Kurth Carolina 276(19
919 791 42(N)
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DWR#20221120
Individual Certification#WQC005271
Page 7 of 14
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.
8) The permittee shall report to the DWR Raleigh Regional Office any noncompliance with, and/or any
violation of, stream or wetland standards [15A NCAC 02B .0200], including but not limited to sediment
impacts to streams or wetlands. Information shall be provided orally within 24 hours(or the next
business day if a weekend or holiday) from the time the permittee became aware of the non-compliance
circumstances.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c)
Justification: Timely reporting of non-compliance is important in identifying and minimizing detrimental
impacts to water quality and avoiding impacts due to water pollution that precludes any best use on a short-
term or long-term basis.
9) 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:Suiface 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.
10) 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 fitriher protect existing uses.
11) When applicable, all construction activities shall be performed and maintained in full compliance with
G.S. Chapter I I3A 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.
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� Vuith(andina 1)enurtmenl of i.n�iranmemal Quality ` Uiv,ion��I N titer Resuarcco
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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.
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 of
fish, 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.
12) Sediment and erosion control measures shall not be installed in wetland or waters except within the
footprint of temporary or permanent impacts otherwise authorized by this Certification. If placed within
authorized impact areas, then placement of such measures shall not be conducted in a manner that results
in dis-equilibrium of any wetlands,streambeds, or streambanks. Any silt fence installed within wetlands
shall be removed from wetlands and the natural grade restored within two(2) months of the date that
DEMLR or locally delegated program has released the specific area within the project to ensure wetland
standards are maintained upon completion of the project.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c); 15A NCAC 02B.0200; 15A NCAC 02B
.0231
Justification:A project that affects waters shall not be permitted unless the existing uses, and the water
quality to protect such uses, are protected. Activities must not cause water pollution that precludes any
best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious
substances, or colored or other wastes: only such amounts as shall not render the waters injurious to
public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability of
fish, aesthetic quality, or impair the waters for any designated uses;and(21) turbidity in the receiving
water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated as trout waters
and 10 NTU in streams, lakes, or reservoirs designated as trout waters;for lakes and reservoirs not
designated as trout waters, the turbidity shall not exceed 25 NTU; if turbidity exceeds these levels due to
natural background conditions, the existing turbidity level shall not be increased. As cited in Wetland
Standards: (c)(1)Liquids,fill or other solids, or dissolved gases shall not be present in amounts that may
cause adverse impacts on existing wetland uses; and(3)Materials producing color or odor shall not be
present in amounts that may cause adverse impacts on existing wetland uses.
13) 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)
Voi th Carolina llcpanment of Lnviroumental Qua:n) I Un tsi(Yn of Water Rcuxuces
Raleigh Regional Office I 3800]l:trrclt lime I Raleigh.Norllr Carolina 27W)
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DocuSign Envelope ID:CC57053B-66613-488B-1347F-1155A86E9D15 Pineview Glen Townhomes
DWR#20221120
Individual Certification#WQC005271
Page 9 of 14
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.
14) If the project is covered by NPDES Construction Stormwater Permit Number NCGO 10000 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. Error! Hyperlink reference not valid.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c); 15A NCAC 02B.0200; 15A NCAC
02B.0231
Justification:A project that affects waters shall not be permitted unless the existing uses, and the water
quality to protect such uses, are protected. Activities must not cause water pollution that precludes any
best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious
substances, or colored or other wastes: only such amounts as shall not render the waters injurious to
public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability of
fish, 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.
15) All work in or adjacent to streams shall be conducted so that the flowing stream does not come in contact
with the disturbed area. Approved best management practices from the most current version of the NC
Sediment and Erosion Control Manual, or the NC Department of Transportation Construction and
Maintenance Activities Manual,such as sandbags, rock berms,cofferdams, and other diversion structures
shall be used to minimize excavation in flowing water.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c); 15A NCAC 02B.0200
Justification: Surface water quality standards require that conditions of waters be suitablefor 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 of fish, 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, takes, 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.
16) 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.
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Ywth i_aruhna Ucpanuicne of 1 nvironment:d QuahU I Diw.um o!Water Rrsuurcrs
kaletgh Regwr,d oflic. 1 1800 Hurrca Dnvc I Raleigh Nvnh Carolina 2'609
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DocuSign Envelope ID:CC57053B-666B-488B-B47F-1155A86E9D15 Pineview Glen Townhomes
DWR#20221120
Individual Certification#WQC005271
Page 10 of 14
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all best
uses provided for in state rule, and that activities must not cause water pollution that precludes any best
use on a short-term or long-term basis. Ensuring that in-stream structures are installed properly will
ensure that surface water quality standards are met and conditions of waters are suitable for all best
uses.
17) Culverts shall be designed and installed in such a manner that the original stream profiles are not altered
and allow for aquatic life movement during low flows. The dimension,pattern,and profile of the stream
above and below a pipe or culvert shall not be modified by widening the stream channel or by reducing
the depth of the stream in connection with the construction activity. The width,height, and gradient of a
proposed culvert shall be such as to pass the average historical low flow and spring flow without
adversely altering flow velocity. If the width of the culvert is wider than the stream channel, the culvert
shall include multiple boxes/pipes,baffles, benches and/or sills to maintain the natural width of the stream
channel. If multiple culverts/pipes/barrels are used, low flows shall be accommodated in one culvert/pipe
and additional culverts/pipes shall be installed such that they receive only flows above bankfull.
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 200110 of the culvert diameter for culverts
having a diameter less than or equal to 48 inches,to allow low flow passage of water and aquatic life. If
the culvert outlet is submerged within a pool or scour hole and designed to provide for aquatic passage,
then culvert burial into the streambed is not required.
For structures less than 72" in diameter/width, and topographic constraints indicate culvert slopes of
greater than 2.5% culvert burial is not required,provided that all alternative options for flattening the
slope have been investigated and aquatic life movement!connectivity has been provided when possible
(e.g. rock ladders, cross-vanes,sills, baffles etc.). Notification, including supporting documentation to
include a location map of the culvert,culvert profile drawings, and slope calculations, shall be provided to
DWR 30 calendar days prior to the installation of the culvert.
When bedrock is present in culvert locations,culvert burial is not required, provided that there is
sufficient documentation of the presence of bedrock. Notification, including supporting documentation
such as a location map of the culvert, geotechnical reports, photographs, etc. shall be provided to DWR a
minimum of 30 calendar days prior to the installation of the culvert. If bedrock is discovered during
construction,then DWR shall be notified by phone or email within 24 hours of discovery.
Installation of culverts in wetlands shall ensure continuity of water movement and be designed to
adequately accommodate high water or flood conditions. When roadways,causeways,or other fill
projects are constructed across FEMA-designated floodways or wetlands, openings such as culverts or
bridges shall be provided to maintain the natural hydrology of the system as well as prevent constriction
of the floodway that may result in destabilization of streams or wetlands.
The establishment of native woody vegetation and other soft stream bank stabilization techniques shall be
used where practicable instead of rip-rap or other bank hardening methods.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c)
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
North Carolina Department of I nvtronmental Quaht} 11)mtsion of Water Resoarces
cc<,— �FQ
Raleigh Rcgtundl U111cc I 3800 Barrett Dnve 1 Ralcigh.North Carolina 27.609
919 791 4200
DocuS gn Envelope ID:CC57053B-666B-488B-B47F-1155A86E9D15 Pineview Glen Townhomes
DWR#20221120
Individual Certification#WQC005271
Page 11 of 14
ensure that surface water quality standards are met and conditions of waters are suitable for all best
uses.
18) Application of fertilizer to establish planted/seeded vegetation within disturbed riparian areas and/or
wetlands shall be conducted at agronomic rates and shall comply with all other Federal, State and Local
regulations. Fertilizer application shall be accomplished in a manner that minimizes the risk of contact
between the fertilizer and surface waters.
Citation: 1 SA 02H.0506(b); 1 SA NCAC 02H.0507(c); 1 SA NCAC 02B.0200; 1 SA 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 of
fish, 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.
19) If concrete is used during construction,then all necessary measures shall be taken to prevent direct
contact between uncured or curing concrete and waters of the state. Water that inadvertently contacts
uncured concrete shall not be discharged to waters of the state.
Citation: 1 SA 02H.0506(b); 1 SA NCAC 02H.0507(c); 1 SA NCAC 02B.0200, 1 SA 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 of
fish, 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 ore existing wetland uses; and(3)Materials producing color or odor shall not be present in
amounts that may cause adverse impacts on existing wetland uses.
20) 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: 1 SA NCAC 02H.0506(b); 1 SA NCAC 02H.0507(c)
Justification:A project that affects waters shall not be permitted unless the existing uses, and the water
quality to protect such uses, are protected. Protections are necessary to ensure any remaining surface
waters or wetlands, and any surface waters or wetlands downstream, continue to support existing uses
after project completion.
21) All proposed and approved temporary pipes/culverts/rip-rap pads etc. in streams or wetlands shall be
installed as outlined in the most recent edition of the North Carolina Sediment and Erosion Control
Planning and Design Manual or the North Carolina Surface Mining Manual or the North Carolina
Department of Transportation Best Management Practices for Construction and Maintenance Activities
so as not to restrict stream flow or cause dis-equilibrium during use of this Certification.
Noah l arohna Ucpattnwnt of I mrromnental Qw,it) I Dn"oon o iter Resourcc-s
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Individual Certification#WQC005271
Page 12 of 14
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.
22) Any rip-rap required for proper culvert placement, stream stabilization, or restoration of temporarily
disturbed areas shall be restricted to the area directly impacted by the approved construction activity. All
rip-rap shall be placed such that the original streambed elevation and streambank contours are restored
and maintained and shall consist of clean rock or masonry material free of debris or toxic pollutants.
Placement of rip-rap or other approved materials shall not result in de-stabilization of the stream bed or
banks upstream or downstream of the area or be installed in a manner that precludes aquatic life passage.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c)
Justification:Surface water quality standards require that conditions of waters be suitable for all best
uses provided for in slate rule, and that activities must not cause waterpolh?tion 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.
23) Any rip-rap used for stream or shoreline stabilization shall be of a size and density to prevent movement
by wave, current action, or stream flows,and shall consist of clean rock or masonry material free of
debris or toxic pollutants. Rip-rap shall not be installed in the streambed except in specific areas required
for velocity control and to ensure structural integrity of bank stabilization measures.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c); 15A NCAC 02B.0201
Justification: Surface water quality standards require that conditions of waters be suitable for all best
uses provided for in state rule, and that activities must not cause water pollution that precludes any best
use on a short-term or long-term basis. The Division must evaluate if the activity has avoided and
minimized impacts to waters, would cause or contribute to a violation of standards, or would result in
secondary or cumulative impacts.
24) All mechanized equipment operated near surface waters shall be inspected and maintained regularly to
prevent contamination of surface waters from fuels, lubricants, hydraulic fluids, or other toxic materials.
Construction shall be staged in order to minimize the exposure of equipment to surface waters to the
maximum extent practicable. Fueling, lubrication, and general equipment maintenance shall be
performed in a manner to prevent, to the maximum extent practicable,contamination of surface waters by
fuels and oils.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c); 15A NCAC 02B.0200; 15A NCAC 02B
.0231
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 i??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 of
fish, 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
Vutlh Canelina[)epagment of i nvtronmenlal Qualtt) Division of Water Resources
Raleigh Regional office I 13110 11arml Dnvc : Raleigh.Korth Carolina DW)
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DocuSlgn Envelope ID:CC570538-66684880-B47F-1155A86E9D15 Pineview Glen Townhomes
DWR#20221120
Individual Certification#WQC005271
Page 13 of 14
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.
25) Heavy equipment working in wetlands shall be placed on mats or other measures shall be taken to
minimize soil disturbance and compaction.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c); 15A NCAC 02B.0231
Justification: Wetland standards require maintenance or enhancement of existing uses of wetlands such
that hvdrologic 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.
26) In accordance with 143-215.85(b), the permittee shall report any petroleum spill of 25 gallons or more;
any spill regardless of amount that causes a sheen on surface waters; any petroleum spill regardless of
amount occurring within 100 feet of surface waters; and any petroleum spill less than 25 gallons that
cannot be cleaned up within 24 hours.
Citation: 15A NCAC 02H.0507(c);N.C.G.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.
27) The permittee and their authorized agents shall conduct all activities in a manner consistent with State
water quality standards(including any requirements resulting from compliance with §303(d)of the Clean
Water Act), and any other appropriate requirements of State and Federal Law.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c)
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.
28) The permittee shall require its contractors and/or agents to comply with the terms and conditions of this
permit in the construction and maintenance of this project,and shall provide each of its contractors and/or
agents associated with the construction or maintenance of this project with a copy of this Water Quality
Certification. A copy of this Water Quality Certification shall be available at the project site during the
construction and maintenance of this project.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c)
Justification: Those actually performing the work should be aware of the requirements of this 401 Water
Quality Certification to minimize water quality impacts.
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Voilh Uuihna Department of I mvoumcntal Quality I Uicrsnro of 1bater Resources
Ralugh Regi.aial ORU.0 I 1800 Barrct!Dn%c ' Raleigh.Furth Carol,na 27609
919 7')1 4200
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DWR#20221120
Individual Certification#WQC005271
Page 14 of 14
This approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your
application shall expire upon expiration of the 404 or CAMA Permit. The conditions in effect on the date
of issuance shall remain in effect for the life of the project,regardless of the expiration date of this
Certification. [I 5A NCAC 02H .0507(c)]
This, the 21st day of October 2022
E
DotuSipned by:C4{� vks'bw
BCDA9D825NA48D
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources,NCDEQ
CMC
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S fATE OF NORTH CAROLINA f,�I
COUNTY OF Durham Permit No. YV QQ �5 3
DEVELOPER'S OPERATIONAL AGREEMENT
This AGREEMENT made pursuant to G.S. 143-215.1 (d I) and entered into this day of
. by and between the North Carolina Environmental Management
Commission, an agency of the State of North Carolina, hereinafter known as the COMMISSION; and
SAS Page, LLC , a corporation,general partnership registered,,licensed to do
business in the State ol'North Carolina. hereinafter known as the Df-.V1-.1.OPF.R.
WITNESSETH:
I. The DEVELOPER is the owner of the certain lands Iving in Durham County, upon
which it is erecting and will erect dwelling units and other improvements, said development to be known
as Pineview Glen Townhomes _ (hereinafter the Development).
2. The DEVELOPER desires, to construct a wastewater collection system with pumps, wastewater treatment
works, and/or disposal facilities (hereinafter Disposal System) to provide sanitary sewage disposal to serve
the Development on said lands.
3. The DEVELOPER has applied to the COMMISSION for the issuance of a permit pursuant to G.S. 143-
215.1 to construct, maintain, and operate the Disposal S�stem.
4. The DEVELOPER has created or shall create unit ownership in said dwellings units, other improvements
and lands through filing of a Declaration of Unit Ownership (hereinafter Declaration), pursuant to Chapter
47C or 47F of the North Carolina General Statutes.
5. The DEVELOPER has caused to be farmed or will cause to be formed at the time of filing of' the
Declaration, Pineview Glen Homeowners Association (hereinafter
Association),a non-prom corporation organized and existing under and by the virtue of the laws of the State
of North Carolina, for the purpose. among others, of handling the property. affairs and business of the
Development; of operating, maintaining. re-constructing and repairing the common elements of the lands
and improvements subject to unit ownership, including the Disposal System; and of collecting dues and
assessments to provide funds for such operation, maintenance, re-construction andrepair.
6. The COMMISSION desires to assure that the Disposal System ofthe Development is properly constructed,
maintained and operated in accordance with law and permit provisions in order to protect the quality of the
waters of the State and the public interest therein.
NOW, THEREFORE, in consideration of the promises and the benefits to be derived by each of the parties
hereto, the COMMISSION and DEVELOPER do hereby mutually agree as follows:
I. The DEVELOPER Shall construct the Disposal System in accordance with the permit and plans and
specifications hereafter issued and approved by the COMMISSION, and shall thereafter properly operate
and maintain such systems and facilities in accordance with applicable permit provisions and law.
2. The DEVELOPER shall not transfer ownership and'or control of the Disposal System to the Association
until construction has been completed in accordance with the permit and approved plans, and the staff of
the Division of Water Resources has inspected and approved of the facilities. In order to change the name
of the permit holder, the DEVELOPER must request that the permit be reissued to the Association. The
request must include a copy of the Association Bylaws and Declaration.
3. The DEVELOPER shall not transfer, coney, assign or otherwise relinquish or release its responsibility for
the operation and maintenance of its Disposal System until a permit has been reissued to the DEVELOPER's
successor.
FORM: DEV 12-23 Page I of 2
4. The DEVELOPER shall provide in the Declaration and Association Bylaws that the Disposal System and
appurtenances thereto are part of the common elements and shall thereafter be properly maintained and
operated in conformity with law and the provisions of the permit for construction, operation, repair, and
maintenance of the system and facilities. The Declaration and Bylaws shall identify the entire wastewater
treatment, collection and disposal system as a common clement which will receive the highest priority for
expenditures by the Association except for federal. State, and local taxes and insurance.
S. The DEVELOPER shall provide in the Declaration and Association Bylaws that the Disposal System will
be maintained out of the common expenses. In order to assure that there shall be funds readily available to
repair, maintain or construct the Disposal System, beyond the routine operation and maintenance expenses,
the Declaration and Association B)laws shall provide that a fund be created out of the common expenses.
Such fund shall be separate from the routine maintenance funds allocated for the facility and shall be part
of the yearly budget.
6. In the event the common expense allocation and separate fund are not adequate for the construction, repair,
and maintenance of the Disposal System, the Declaration and Association Bylaws shall provide for special
assessments to cover such necessary costs. There shall be no limit on the amount of such assessments, and
the Declaration and Bylaws shall provide that such special assessments can be made as necessary at any
time.
7. If a wastewater collection system and wastewater treatment and`or disposal facility provided by any city,
town, village, county, water and sewer authorities, or other unit of government shall hereinafter become
available to serve the Development, the DEVEI OPER shall take such action as is necessary to cause the
existing and future wastewater of the Development to be accepted and discharged into said governmental
system, and shall convey or transfer as much of the Disposal System and such necessary easements as the
governmental unit mayrequire as condition of accepting the Development's wastewater.
8. Recognizing that it would be contrary to the public interest and to the public health, safety and welfare for
the Association to enter into voluntary dissolution without having made adequate pro%ision for the continued
proper maintenance, repair and operation of' its Disposal System, the DEVI-LOPI.R shall provide in the
Association Bylaws that the Association shall not enter into voluntary dissolution without first having
transferred its said system and facilities to some person, corporation or other entity acceptable to and
approved by the COMMISSION by the issuance ofapermit.
9. The agreements set forth in numbered paragraphs 1, 2. 3. 4. S, 6, 7, and 8 above shall be conditions of any
permit issued by the COMMISSION to the DEVELOPLR for the construction, maintenance, repair and
operation of the Disposal System.
10. A copy of this agreement shall be filed at the Register of Deeds in the County(ies) where the Declaration is
filed and in the offices of the Secretary of'State of North Carolina with the Articles of Incorporation of the
Association.
IN WITNESS WHEREOF, this agreement was executed in duplicate originals by the duly authorized
representative of the parties hereto on the day and year written as indicated by each ofthe parties named below:
SAB Page, LLC
Nam VELZ
Michael Montebello (Signature)
Supervisor, NPDES Branch Chief
Division of Water Resources Bruce Knott, Manager
Print Name and Title
(Date) (Date)
FORM: DEV 12-23 Page 2 of 2