20191700 Ver 2_Approval Letter_20201019

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
USEF HCG Fenton, LLC
Attn: Kurt Hartman
5 Ravinia Drive
Atlanta, GA 30346
NORTH CAROLINA
Environmental Quality
September 1, 2020
DWR #19-1700 v2
Wake County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
AUTHORIZATION CERTIFICATE PER THE NEUSE RIVER BASIN RIPARIAN BUFFER
PROTECTION RULES (15A NCAC 02B .0714) WITH ADDITIONAL CONDITIONS
Fenton
Dear Mr. Hartman:
You have our approval for the impacts listed below for the purpose described in your
application received by the Division of Water Resources (Division) on July 30, 2020 and with
payment received on August 1, 2020. These impacts are covered by the attached Water
Quality General Certification Number 4135 and 4139 and the conditions listed below. This
certification is associated with the use of Nationwide Permit Number 14 and 39 once it is issued
to you by the U.S. Army Corps of Engineers. Please note that you should get any other federal,
state or local permits before proceeding with your project, including those required by (but not
limited to) Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed
regulations. This 401 Water Quality Certification and Authorization Certificate for DWR #19-
1700 v2 replaces the 401 Water Quality Certification and Authorization Certificate for #19-
1700 revised on April 30, 2020.
This approval requires you to follow the conditions listed in the enclosed certification and the
following additional conditions:
1. The following impacts are hereby approved provided that all of the other specific and
general conditions of the Certification and Buffer Rules are met. No other impacts are
approved, including incidental impacts. [15A NCAC 02B .0506(b)(c) and 15A NCAC 02B
.0611]
North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office 13800 Barrett Drive I Raleigh, North Carolina 27609
NoHrN r..x;:o�.iwn �
o•o•° •mo a""w^^•"�ca°•r` /� 919.791.4200

Fenton
DWR #19-1700 v2
401 AND BUFFER APPROVAL
Page 2 of 5
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Wetland
W1a-Sanitary Sewer -Excavation
0 (acres)
0.201 (acres)
W1b-Sanitary Sewer -Excavation
0 (acres)
0.157 (acres)
W2- Sanitary Sewer -Excavation
0 (acres)
0.005 (acres)
W3: Road Crossing 1
0.148 (acres)
0 (acres)
W4: Road Crossing 2
0.037 (acres)
0 (acres)
W5: Road Widening
0.049 (acres)
0 (acres)
Stream
S1-Sanitary Sewer Connection
0 (linear feet)
146 (linear feet)
S2: Road Widening
65 (linear feet)
0 (linear feet)
S3: Road Crossing 2
80 (linear feet)
0 (linear feet)
Buffers — Zone 1
131: Sediment & Erosion Control
0 (square feet)
1,585 (square feet)
132: Sanitary Sewer Crossing
1,121 (square feet)
0 (square feet)
133: Stormwater Outlet
724 (square feet)
0 (square feet)
134: Greenway Trail
3,852 (square feet)
0 (square feet)
135: Greenway Trail
1,420 (square feet)
0 (square feet)
136: Greenway Trail
449 (square feet)
0 (square feet)
137: Greenway Trail
1,309 (square feet)
0 (square feet)
138: Greenway Trail Construction Access
0 (square feet)
660 (square feet)
139: Greenway Trail
823 (square feet)
0 (square feet)
B10: Road Widening
5,841 (square feet)
0 (square feet)
1311: Road Crossing 2
5,741 (square feet)
0 (square feet)
B12: Sanitary Sewer Replacement
2,580 (square feet)
0 (square feet)
Buffers — Zone 2
131: Sediment & Erosion Control
0 (square feet)
390 (square feet)
132: Sanitary Sewer Crossing
710 (square feet)
0 (square feet)
133: Stormwater Outlet
400 (square feet)
0 (square feet)
134: Greenway Trail
7,251 (square feet)
0 (square feet)
135: Greenway Trail
1,605 (square feet)
0 (square feet)
136: Greenway Trail
4,286 (square feet)
0 (square feet)
137: Greenway Trail
953 (square feet)
0 (square feet)
138: Greenway Trail Construction Access
0 (square feet)
455 (square feet)
139: Greenway Trail
2,132 (square feet)
0 (square feet)
B10: Road Widening
5,319 (square feet)
0 (square feet)
1311: Road Crossing 2
3,603 (square feet)
0 (square feet)
B12: Sanitary Sewer Replacement
1,878 (square feet)
0 (square feet)

Fenton
DWR #19-1700 v2
401 AND BUFFER APPROVAL
Page 3 of 5
2. Stormwater Management Plan (SMP) Approval from Local Community Required
The stormwater management plan (SMP) must be approved by Town of Cary and meet the
requirements of this Certification. The SMP may not be modified without prior written
authorization from the Town of Cary. [15A NCAC 02H .0506(b)(3)]
3. Compensatory Mitigation Using a Private Mitigation Bank
Mitigation must be provided for the proposed impacts as specified in the table below. The
Division has received a Statement of Availability letter from EBX-Neuse I, LLC Neuse Riparian
Buffer Umbrella Mitigation Bank (EBX-Neuse 1), RES Neuse Buffer and Nutrient Offset
Umbrella Mitigation Bank (RES), RES Poplar Creek Buffer & Nutrient Offset Umbrella
Mitigation Bank or EBX Upper Neuse Riparian Buffer Umbrella Mitigation Bank (EBX) to
meet this mitigation requirement. The specific bank site to be debited will be Arrington
Bridge 1, Buffalo Branch, Selma Mill, Cedar Grove, Hatley, Ezell, Polecat, Hannah Bridge,
Meadow Spring, Uzzle, Poplar Creek and Stone Creek all located in HUC 03020201. Until
EBX-Neuse 1, RES or EBX receives and clears your payment, and proof of payment has been
provided to this Office, no impacts specified in this Authorization Certificate shall occur. For
accounting purposes, this Authorization Certificate authorizes payment to EBX-Neuse 1, RES,
or EBX to meet the following compensatory mitigation requirement [15A NCAC 02H .0506
(b)(6)1:
Compensatory Mitigation
Bank Sponsor
River & Sub -basin
Required
Number
Buffer-
11,556 (square feet)
EBX-Neuse I, LLC or EBX
Neuse: 03020201-Not in
Zone 1
Falls Lake Watershed
Buffer-
10,877 (square feet)
EBX-Neuse I, LLC, or EBX
Neuse: 03020201-Not in
Zone 2
Falls Lake Watershed
Total:
22,433 (square feet)
4. The permittee shall report to the Raleigh Regional Office any noncompliance with this
certification, any violation of stream or wetland standards [15A NCAC 02B .02001 including
but not limited to sediment impacts, and any violation of state regulated riparian buffer
rules [15A NCAC 02B .02001. Information shall be provided orally within 24 hours (or the
next business day if a weekend or holiday) from the time the applicant became aware of the
circumstances. A written submission shall also be provided within 5 business days of the
time the applicant becomes aware of the circumstances. The written submission shall
contain a description of the noncompliance, and its causes; the period of noncompliance,
including exact dates and times, if the noncompliance has not been corrected, the
anticipated time compliance is expected to continue; and steps taken or planned to reduce,
eliminate, and prevent reoccurrence of the noncompliance. The Division may waive the
written submission requirement on a case -by -case basis.

Fenton
DWR #19-1700 v2
401 AND BUFFER APPROVAL
Page 4 of 5
5. Protective Fencing
The outside buffer, wetland or water boundary and along the construction corridor within
these boundaries approved under this authorization shall be clearly marked with orange
warning fencing (or similar high visibility material) for the areas that have been approved to
infringe within the buffer, wetland or water prior to any land disturbing activities to ensure
compliance with 15 NCAC 02H .0500. [15A NCAC 02H .0506 (b)(2) and (c)(2) and 15A NCAC
02H .0507 (c)]
6. 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 the Certification and
Buffer Authorization. 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 approval letter and General Certification
and is responsible for complying with all conditions. [15A NCAC 02B .0507(d)(2)]
7. This approval and its conditions are final and binding unless contested. [G.S. 143-215.51
This Certification and Buffer Authorization can be contested as provided in General Statute
150B by filing a written petition for an administrative hearing to the Office of Administrative
Hearings (hereby known as OAH) within sixty (60) calendar days.
A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH
Clerk's Office at [phone] for information. A petition is considered filed when the original
and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal
office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state
holidays).
The petition may be faxed to the OAH at [phone], provided the original and one copy of
the petition along with any applicable OAH filing fee is received by the OAH within five (5)
business days following the faxed transmission.
Mailing address for the OAH:
If sending by First Class Mail
via the US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
If sending via delivery service
(e.g. UPS, FedEx):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285

Fenton
DWR #19-1700 v2
401 AND BUFFER APPROVAL
Page 5 of 5
One (1) copy of the petition must also be served to Department of Environmental Quality:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
Please send one (1) copy of the petition to DWR:
If sending by First Class Mail
via the US Postal Service:
Paul Wojoski
NC DWR-401 & Buffer Permitting
Branch
1617 Mail Service Center
Raleigh, NC 27699-1617
If sending via delivery service
(e.g. UPS, FedEx):
Paul Wojoski
NC DWR-401 & Buffer Permitting
Branch
512 N. Salisbury Street
Raleigh, NC 27604
This letter completes the review of the Division under section 401 of the Clean Water Act and
the Neuse Riparian Buffer Rules as described in 15A NCAC 02B .0714. Please contact Stephanie
Goss at 919-791-4256 or [e-mail] if you have any questions or concerns.
Sincerely,
DocuSign�ed1by:
Sc ' Vunz,s.r.,
BCDA9D825D4A46D_
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
Enclosure: GC 4135
GC 4139
cc: James Lastinger, USACE Raleigh Regulatory Field Office (via email)
DWR RRO 401/Riparian Buffer file
DWR 401 & Buffer Permitting Unit via Laserfiche
Jennifer Burdette, McAdams Company, (via email)