20061617 Ver 6_Approval Letter_20140715

A Ar
NCDENR
North Carolina Department nf Environment @DdNat/Fa|ResoUFceG
July 15,2O14
NASH Wendell Falls, LLC
Attn: K4c VViUiarn MuFnfnnj
IS777Ballan1yn9 Corporate Place, Ste 55U
Charlotte, North Carolina 28277
John E. SkVGrlB, |U
Secretary
DVVR#0G-1617V6
Wake County
Subject: Approval of Individual 401 Water Quality Certification with Additional Conditions
Wendell Falls
USACE Action ID. No. SAW-2006-20100
Dear Mr. W1umfond:
Attached hereto iS3 copy Of Certification No. 3707 issued tO Mr. William Munlford and NASH
Wendell Falls, LLC, dated July 15,2OI4. This Certification replaces the Certification issued on
September 17, 2010. Please note that you should get any other federal, state or local permits
before proceeding with the subject project, inc|udinQthoserpquired by (but not limited to)
Sediment and Erosion Control, Non-Discharge, and Water Supply Watershed regulations.
This approval and its conditions are final and binding unless contested. This Certification can be
contested as provided in Articles 3 and 4of General Statute 15O8by 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 or bv calling the OAH
Clerk's Office at [phone] for information. Apetition i5 considered filed when the original
and one (1) copy along with any applicable OAH filing fee is n2Cdv2d in the OAH during normal
office hours (Monday through Friday between 8:00arn and 5:00prn, excluding Offd8| state
The petition may b8 faxed tothe OAH at [phone], provided the original and one copy Vf
the petition along with any applicable OAH filing fee iSreceived by the OAH within five (5)
business days following the faxed transmission,
Division of Water Resources -4O18 Buffer Permitting Unit
1S17 Mail Service Center, Roleigh, North Carolina 27OQ94017
Location: 512N.Salisbury St, Raleigh, North Carolina 27604
Phone: Q1A-887-63O8\ FAX: O18-807-6404
Internet: vmwwoowa1enqua|ih/.org
An Equal Opportunity \ Affirmative Action Employer — Made in part by recycled paper

NASH Wendell Falls, LLC
DVVR#OS'1Gl7VG
Individual Certification #3707
Page 2 of 10
Mailing address for the OAH:
If sending via US Postal Service:
Office of Administrative Hearings
G7I4 Mail Service Center
Raleigh, NC27599-6714
If sending via delivery service (UPS,
/edEx etc):
Office of Administrative Hearings
l711 New Hope Church Road
Raleigh, NC27GO9-6285
One (1) copy of the petition must also be served to DENR:
Lacy Presne|i General Counsel
Department of Environment and Natural Resources
1GO1 Mail Service Center
Raleigh, NC27G98-lGO1
Unless such a petition is filed, this Certification shall be final and binding.
This certification completes the review of the Division under section 401 of the Clean Water Act
and I5A NCA[ 02H .0500. Contact Jennifer Burdette at 919-807-6364 or
if you have any questions or concerns.
Sincerely,
q/ ' -
T41'1�
Karen Higgins, Supenvisor
4O1& Buffer Permitting Unit
cc: Chris Huysrnan, Wetland and Natural Resource Consultants, l7O Dew Drop Rd,Sparta,
NC 28675
USACE Raleigh Regulatory Field Office
Todd Bowers, EPA, Sam Nunn Federal Center, G1 Forsyth Street SW, Atlanta, GA 50309
DVVRRRO40lfiles
DVVR4O1& Buffer Permitting Unit files
Filename: 061617v6VVendeUFaUs(VVake C_NRB.docx

NASH Wendell Falls, LL[
0\NR#06-l6I7Vd
Individual Certification #3707
Page 3 of 10
CERTIFICATION #3707 is issued in conformity with the requirements of Section 401, Public Laws 92-
500 and 95-217 of the United States and subject to North Carolina's Regulations in 15 NCAC 02H
.0500 and 15A NCAC 0213.0200, to Mr. William Mumford and NASH Wendell Falls, LLC, who have
authorization for the impacts listed below, as described within your application dated September
26,ZOOh and received by the N.C. Division of Water Resources (0visiDn) 0n October I5,3DO6,by
Public Notices issued by the U.S. Army Corps Uf Engineers On October I],2OO6 (received bythe
Division oO October 13,2OO6) and Dn May 2,2OO7(received by the Division On May 3,2OO7),and
subsequent information on October 18,20Ob, January 25,2OO7, February 9,2U07, June I3,ZOO7,
August I5,2OO7, September 5,2OU7, September I2,2OO7, July 9,2O0O, July l5,ZOO8,September
2Z,ZOO8, August 22,2OICi September 8,2OI{\ September I7,2O1[i May 19,3O24, June IO,2O14,
June I2,Z0l4 and July l4,ZO14.
The State of North Carolina certifies that this activity will not violate the applicable portions of
Sections 3Dl,3O2,3O3,3OG.3O7mf the Public Laws 92-5OO and PL95-2I7if conducted in
accordance with the application, the supporting documentation, and conditions hereinafter set
f0rth.
This approval requires you to follow the conditions listed in the certification below.
Conditions of Certification:
Impacts Approved
The following additional impacts are hereby approved as long as all of the other specific and
general conditions of this Certification (or isolated Wetland Permit) are met. No other
impacts to wetlands, streams, and/or buffers, are approved including incidental impacts
except those previously approved and listed below:
Type of Impact
Amount Approved (units)
Amount Approved (units)
Permanent
Temporary
Stream Channel
135 (linear feet)
0 (linear feet)
Stream Channel
45 (1 i n ea r feet)
0 (linear feet)
Flooding
404/401 Wetlands
0.06 (acres)
0 (acres)
The following impacts are hereby approved as previously approved by an Individual
Certification issued on September 17, 2010 and amended by the applicant's modification
request dated April 22,2Ol4.

NASH Wendell Falls, LLC
DWR# 06 -1617 V6
Individual Certification #3707
Page 4 of 10
Type of Impact
Amount Approved (units)
Permanent
Amount Approved (units)
Temporary
Stream Channel
(perennial)
2,309 (linear feet)'
625 (linear feet)
Stream Channel
(intermittent)
596 (linear feet)
0 (linear feet)
Open Waters
0.16 (acres)
0 (acres)
404/401 Wetlands
3.17 (acres )2
2.52 (acres )3
Buffers — Zone 1
224,770 (square feet)
42,689 (square feet)
Buffers — Zone 2
140,670 (square feet)
25,700 (square feet)
' Amount was decreased by 133 linear feet due to elimination of proposed road crossing at
Impact R -1 by applicant's modification request dated April 22, 2014.
2 Amount was decreased by 0.22 acre due to correction of 0.11 acre incorrectly added to
401 Water Quality Certification modification approval letter dated September 17, 2010
and elimination of proposed road crossing at Impact R -7 (0.11 acre) by applicant's
modification request dated April 22, 2014.
3 Amount consists of 2.39 acres for utility installation and 0.132 acres for mechanized land
clearing (erroneously reported as 0.232 acres in 401 Water Quality Certification approval
letter dated September 17, 2010).
2. Compensatory Mitigation
Mitigation must be provided for the previously approved and proposed impacts as specified in
the table below. We understand that NCDOT will be transferring 1.09 acres of 404 wetland
mitigation credit, 74,271 square feet of Zone 1 buffer mitigation credit and 22,928 square feet
of Zone 2 buffer mitigation credit.
Compensatory
River and Sub -basin
Mitigation Required
Number
Stream
2,444 (feet)
Neuse /03020201
Wetlands
2.14 (acres) after
Neuse /03020201
NCDOT transfer of 1.09
acres
Buffers —Zone 1
312,208 (square feet)
Neuse /03020201
after NCDOT transfer of
74,271 sq. ft.
Buffers — Zone 2
105,239 (square feet)
Neuse /03020201
after NCDOT transfer of
22,928 sq. ft.

0ASH Wendell Falls, LLC
D\NR#O6-1617V6
Individual Certification #37D7
Page 5 of 10
/\ receipt from the NC Ecosystem Enhancement Program indicates that 2.15 acres of4O4
wetland mitigation credit, 2,354 linear feet of warm water stream credits and 405,031 square
feet of buffer mitigation credits have been purchased for the project. A receipt from the
Forest Creek Mitigation Bank indicates that 88 linear feet of warm water stream credits and
12,416 square feet of buffer mitigation credits have been purchased for the project. The
Division has received an acceptance letter from the P8ncho Stream & Wetland Mitigation
Bank tO meet the remaining mitigation requirement. Until the PanchV Stream &Wetland
Mitigation Bank 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 use of existing NCUOT mitigation and
payment to the Forest Creek Mitigation Bank, Pancho Stream #' Wetland Mitigation Bank and
the N[ Ecosystem Enhancement Program tO meet the following compensatory mitigation
requirement:
3. Stormwater Management Plan
The Division has approved stmrmlnvater management plans for SF-1.SF-2.SF-3, Lake Myra
Elementary and SF-15, Phase 1.
A final, written stormwater management plan for each future phase shall be submitted to the
DVVR40I & Buffer Permitting Unit (16I7 Mail Service Center, Raleigh, NC 27699-1617). The
stormwater management plan shall be designed to treat the runoff from the entire built upon
area in the phase in accordance with the version of the 401 Stormwater Requirements and
BK4P Manual On the place of the date ofthe submittal. The sLornnvvater management plan
shall be approved by the Division before any land disturbance associated with that phase may
occur. Before any future permanent building, the corresponding storrnvvat8rmanagement
plan 8sapproved by the Division shall constructed and operational.
Should the Town OfWendell become 3n approved Phase UStDrnnvv3t8rcommunity, this
condition and review of future phases stormwater management plans will be re-evaluated.
Compensatory
Mitigation Required
River and Sub-basin
Number
Stream
2 (feet)
Neuse/03020201
3. Stormwater Management Plan
The Division has approved stmrmlnvater management plans for SF-1.SF-2.SF-3, Lake Myra
Elementary and SF-15, Phase 1.
A final, written stormwater management plan for each future phase shall be submitted to the
DVVR40I & Buffer Permitting Unit (16I7 Mail Service Center, Raleigh, NC 27699-1617). The
stormwater management plan shall be designed to treat the runoff from the entire built upon
area in the phase in accordance with the version of the 401 Stormwater Requirements and
BK4P Manual On the place of the date ofthe submittal. The sLornnvvater management plan
shall be approved by the Division before any land disturbance associated with that phase may
occur. Before any future permanent building, the corresponding storrnvvat8rmanagement
plan 8sapproved by the Division shall constructed and operational.
Should the Town OfWendell become 3n approved Phase UStDrnnvv3t8rcommunity, this
condition and review of future phases stormwater management plans will be re-evaluated.

NASH\A/8nde|l FaUS,LLC
DVVR#O6-I6l7V6
Individual Certification #]7O7
4. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas
beyond the footprint of the impacts depicted in the Pre-Construction Notification for this
project. All construction activities, including the design, installation, operation, and
maintenance of sediment and erosion control Best Management Practices shall be performed
so that no violations of state water quality standards, statutes, or rules occur. Approved plans
and specifications for this project areincorporatedbyreferenceandareenforceab|epertsof
this permit.
5. Sediment and Erosion Control
Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices and if applicable, comply with the specific conditions and
requirements Of the NPDES Construction Storrnvv8ter Permit issued to the site:
a. Design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal or exceed the requirements specified inthe
most recent version of the North Carolina Sediment and Erosion Control Manual. The
devices shall be maintained on all construction sites, borrow sites, and waste pile
(spoil) projects, including contractor-owned or leased borrow pits associated with the
project.
b. For borrow pit sites, the erosion and sediment control measures must be designed,
installed, operated, and maintained in accordance with the most recent version of the
North Carolina Surface Mining Manual.
C. Reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act and the
Mining Act of 1971.
d. Sufficient materials required for stabilization and/or repair of erosion control measures
and stormwater routing and treatment shall be on site at all times.
6. Sediment and erosion control measures shall not be placed in wetlands or waters. Exceptions
to this condition require application submittal to and written approval by the Division. If
placement Vf sediment and erosion control devices in wetlands and waters i;unavoidable,
then design and placement of temporary erosion control measures shall not be conducted in a
manner that may result in dis-equilibrium of wetlands, stream beds, or banks, adjacent to or
upstream and downstream ofthe above structures. All sediment and erosion control devices
shall be removed and the natural grade restored within two /Z\ months Uf the date that the
Division of Energy, Mineral and Land Resources /DEMLR\ or locally delegated program has
released the specific area within the project.

NASH Wendell Falls, LL[
DVVR#O6-l617VO
Individual Certification #37O7
Construction Stormwater Permit NCGO10000
An NPDESConstru[±hJn StonmvvaterPennit is required for construction projects that disturb
one (1) Or more acres Ofland. This Permit allows 5tornnxvaterto be discharged during land
disturbing construction activities as stipulated in the conditions Ofthe permit. If your project
is covered by this permit, full compliance with permit conditions including the erosion &
sedimentation control plan, inspections and maintenance, self-monitoring, record keeping and
reporting requirements iSrequired. A copy ofthe general permit /NCGOIOOOO\, inspection log
sheets, and other information may be found at:
8. Work in the Dry
All work innr adjacent ho stream waters 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 DOT
Construction and Maintenance Activities Manual, such aS sandbags, rock berms, cofferdams,
and other diversion structures shall be used to minimize excavation in flowing water.
B. |f concrete i5used during the construction, then all necessary measures shall b9 taken tO
prevent direct contact between uncured orcuring concrete and waters of the state. Water that
inadvertently contacts uncured concrete shall not be discharged to waters of the state due to
the potential for elevated pH and possible aquatic life/fish kills.
IO. Placement of Culverts and Other Structures in Waters and Wetlands
Culverts required for this project 6haUbeinstalledinsuch a manner that the original strearn
profiles are not altered and to allow for aquatic life movement during low flows. Existing
stream dimensions (including the cross section dimensions, pattern and longitudinal profile)
must be maintained above and below locations Of each culvert.
Placement Df culverts and other structures in waters, streams must be below the elevation of
thestreJnnbed by one (1) foot for all culverts with a diameter greater than 48 inches, and 2O
percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow
low flow passage Of water and aquatic life.
Installation of culverts in wetlands must ensure continuity of water movement and be
designed tO adequately accommodate high water orflood conditions. Additionally, when
roadways, causeways, or other fill projects ereconstructedacrVS3FEWqA-designated
floodways or wetlands, openings such as culverts or bridges must 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 Orwetlands.

NASH Wendell Falls, LL[
DWR#O6-1G17V6
Individual Certification #37O7
The establishment ofnative, woody vegetation and other soft stream bank stabilization
techniques must be used where practicable instead Of rip rap orother bank hardening
methods.
11. All temporary fill and culverts shall be removed and the impacted area returned tonatural
conditions, within 6O days ofthe determination that the temporary impact iSnolonger
necessary. The impacted areas shall be restored to original grade, including each stream's
original cross sectional dimensions, plan form pattern, and longitudinal bed and bed profile, and
the various sites shall be stabilized with natural woody vegetation (except approved
maintenance areas) and restored to prevent erosion.
12. All temporary pip+s/rukxerts/rprap pads etc, shall be installed in all streams as outlined inthe
most recent edition Of the North Carolina Sediment and Erosion Control Planning and Design
Manual so as not to restrict stream flow or cause dis-equilibrium.
13. Any hpnap required for proper culvert placement, stream stabilization, or restoration of
temporarily disturbed areas shall be restricted to the area directly impacted hvthe approved
construction activity. All riprap shall be buried and/or "keyed in" such that the original stream
elevation and Str8arnbank contours are restored and maintained. Placement DfriprapVrother
approved materials shall not result in cle-stabilization of the stream bed or banks upstream or
downstream of the area.
14. Any hpn3p used for stream stabilization shall beOfa size and density 8Ja3 not tQbe able tobe
carried off by wave, current action, Or stream flows and consist of clean rock Ormasonry
material free of debris or toxic pollutants. Riprap shall not be installed in the streomnbedexcept
in 5p8dhC areas required for velocity control and to ensure integrity Ofbank stabilization
15. A one-time application of fertilizer to re-establish vegetation is allowed in disturbed areas
including riparian buffers, but is restricted to no closer than 10 feet from top of bank of streams.
Any fertilizer application must comply with all other Federal, State and Local regulations.
16. Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands,
waters and protective buffers within the project bOund3hesinond8rtOaSsureo]rnpUanCe for
future wetland, water and buffer impact. These mechanisms shall be put in place 8t the time of
recording of the property, or of individual lots, whichever is appropriate. A sample deed
notification Can be downloaded from the 4O1 &8uff2r Permitting Unit xv2bSiteat
. The text ofthe

NA5H Wendell Falls, LL[
DWR#O6-16I7V6
Individual Certification #37U7
Page 9 of 10
sample deed notification may bemodified as appropriate tO suit to this project. Documentation
Qf deed notifications shall be provided to the Division upon request.
17. This Certification does not relieve the applicant of the responsibility to obtain all other required
Federal, State, or Local approvals.
18. Continuing Compliance
Mr. William W4unn[ord and NASH Wendell Falls, LLC shall conduct construction activities in a
manner consistent with State water quality standards (including any requirements resulting
from compliance with section 3O3(d) Vf the Clean Water Act) and any other appropriate
requirements Vf State and Federal law. |f the Division determines that such standards orlaws
are not being met (including the failure to sustain a designated or achieved use) or that State
or federal law is being violated, or that further conditions are necessary to assure compliance,
the Division may reevaluate and modify this Certification. Before modifying the Certification,
the Division shall notify Mr. William Mumford and NASH Wendell Falls, LLC and the U.S. Army
Corps of Engineers, provide public notice in accordance with 15A NCACO2H .0503 and provide
opportunity for public hearing in accordance with 15AN[ACO2H.O504. Any new Orrevised
conditions shall be provided to Mr. William Mumford and NASH Wendell Falls, LLC in writing,
shall be provided to the U.S. Army Corps of Engineers for reference in any Permit issued
pursuant to Section 404 of the Clean Water Act, and shall also become conditions of the 404
Permit for the project.
19. This approval is for the purpose and design described in your application and as described in the
Public Notice. The plans and specifications for this project areincorpVrated by reference and are
an enforceable part Qf the Certification. |f you change your project, youmnu5tnOtif«theDivi5iDn
and you may be required to submit a new application package with the appropriate fee. If the
property i5 sold, the new owner must be given a copy ofthis Certification and is responsible for
complying with all conditions. Any new owner must notify the Division and request the
Certification be issued in their name.
2Q. The applicant and/or authorized agent shall provide a completed Certificate Of Completion Form
to the DVVR4O1 Q' Buffer Permitting Unit within ten days of project connp|etion (available at:
21. This certification grants permission to the director, an authorized representative of the Director,
or DENR staff, upon the presentation of proper credentials, to enter the property during normal
business hours.

NASH Wendell Falls, LLC
DWR# 06 -1617 V6
Individual Certification #3707
Page 10 of 10
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.
Non - compliance with or violation of the conditions herein set forth may result in revocation of
this Certification and may also result in criminal and /or civil penalties.
KAH /jab
3707