20191700 Ver 3_Fenton 404-401 Ltr +Att 2023-12-01_Optimized_20231201

ArNatural Resource Consultants
December 1, 2023
U.S. Army Corps of Engineers NC Division of Water Resources
Charlotte Regulatory Field Office 401 & Buffer Permitting Branch
via online PCN Submittal via online PCN Submittal
RE: Nationwide Permit 13/Water Quality Certification 4245
Fenton — Stream Stabilization
USACE Project No. SAW-2012-01499
DWR Project No. 201917000 V3
Cary, Wake County, North Carolina
NRC Project #: 23039
To Whom It May Concern:
On behalf of USEF HCG Fenton, LLC, HCG Fenton Phase D, LLC, and the State of North Carolina, we are
applying for a Nationwide Permit 13 from the US Army Corps of Engineers (USACE) and Water Quality
Certification 4245 from the NC Division of Water Resources (DWR) for proposed impacts to jurisdictional
waters associated with the project known as Fenton — Stream Stabilization. The purpose of the proposed
project is to stabilize a section of eroding streambank on Walnut Creek associated with a previously
permitted greenway pedestrian bridge and to obtain after -the -fact approval for the stabilization of a
streamside scour hole. Site access is located off Quinard Road in Cary, Wake County, North Carolina.
A Nationwide Permit 39 and 14 (SAW-2012-01499) were originally issued by the USACE for the Fenton
project on April 29, 2020, and later modified on September 2, 2020, and a corresponding 401 Water
Quality Certification (DWR# 19-17000, V2) was issued by DWR on September 1, 2020. During Phase 2 of
the project, a greenway network was constructed on the northeast side of Walnut Creek (Class C, NSW),
which utilized permitted pedestrian bridge/boardwalk crossings to avoid and/or minimize impacts to
Walnut Creek and associated floodplain wetlands. During post -construction site visits and inspections of
the greenway, the Town of Cary observed streambank erosion and an adjacent scour hole at the
pedestrian bridge crossing of Walnut Creek. The enclosed PCN requests authorization for proposed
streambank stabilization on Walnut Creek and after -the -fact approval related to scour stabilization
within the stream buffer.
A list of the attachments to the online Pre -Construction Notification Application and those attachments
follow this letter. Your review of this project is greatly appreciated. If you have any questions or require
additional information, please contact me at [phone] or [e-mail].
Sincerely,
Natural Resource Consultants
Jennifer Surdette, PWS
Sr. Environmental Consultant
308 W Millbrook Road, Ste D #200, Raleigh, NC 27609 919.422.3605

USACE/DW R
NRC Project #: 23039
December 1, 2023
Page 2 of 2
Attachments
cc: Bill Derks, McAdams ([e-mail])
Kurt Hartman, Hines ([e-mail])
Scott Grigg, Hines ([e-mail])
Hunter Morris, Clancy & Theys ([e-mail])

AriNatural Resource Consultants
Fenton — Stream Stabilization
List of Attachments
DWR Prefiling Acknowledgement
Agent Authorization Forms
Figure 1. US Geological Survey 7.5-minute Quadrangle Topographic Map
Figure 2. Wake County Soil Survey Map
PJD & Buffer Determination
NWP & 401 Certification w/Mitigation Forms
Impact Maps & Construction Details
USFWS Letter
Cultural Resources
Supporting Photographs

DWR Prefiling Acknowledgement

Kaylie Yankura
From: 401 Pre File <401 Pre [e-mail]>
Sent: Monday, October 30, 2023 10:14 AM
To: Kaylie Yankura
Subject: Automatic reply: [External] Pre -Filing Meeting Request, Fenton (DWR #20191700), Cary,
Wake County
This email confirms receipt of your pre -filing meeting request. Please retain this email for your records and
submit this documentation as part of your 401 application (PCN Application) as required by federal law. DWR
will not be able to accept your application without this federally required documentation. 401 applications
received without documentation that a pre -filing meeting request was submitted at least 30 days prior will be
returned as incomplete.
Responses to this email are not monitored.
If you need to contact 401/Buffer Permitting Staff, please use the following link(s) to access of staff contact
Iist(s).
For Non -Transportation Central Staff:
https://deg.nc.gov/about/divisions/water-resources/water-quality-permitting/401-buffer-permitting/401-
buffer-permitting-contacts
For Non -Transportation Regional
Staff: https://edocs.deg.nc.gov/WaterResources/DocView.aspx?dbid=0&id=2162034&cr=1
For all Transportation Projects Including NCDOT Projects:
https://deg.nc.gov/a bout/divisions/water-resources/water-resources-permits/transportation-
pe rm itt i ng/staff-contacts
Email correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties by an authorized
state official.

Agent Authorization Forms

PLEASE
OMPLET`
�� MCA DA M 5 AGENT AUTHORIZATION FORM
All Blanks To Be Filled In By Current Property Owner
PIN:
0773198437
Name:
USEF HCG Fenton, LLC
Address:
5 Ravinia Drive, Atlanta, GA 30346
Phone/Email:
']V 3 +� +vim i`t 1M17L$ a Cam
Project Name:
Fenton
Project Number:
HIN-19000
Project Manager:
Bills Derks/lennifer Burdette
U5 Army Corps of Engineers
Raleigh Regulatory Field Office
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587
Re: Wetlands Related Consulting and Permitting
To Whom It May Concern:
NC Division of Water Resources
401 & Buffer Permitting Branch
512 N. Salisbury Street
Raleigh, NC 27604
I hereby designate and authorize The John R. McAdams Company, Inc. to act in my behalf as my agent in the
processing of permit applications, to furnish upon request supplemental information in support of applications, etc,
from this day forward.
i, the undersigned, a duly authorized owner of record of the property/properties identified herein, do authorize
representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) and NC Division of Water Resources
to enter upon the property herein described for the purpose of conducting on -site investigation and issuing a
determination associated with Water of the U_5. subject to Federal jurisdiction under Section 404 of the Clean Water
Act/Section 10 of the Rivers and Harbors Act of 1899 and/or Waters of State and/or Riparian Buffer Rules.
This notification supersedes any previous correspondence concerning the agent for this project.
NOTICE: This authorization, for liability and professional courtesy reasons, is valid only for government officials to
enter the property when accompanied by The John R. McAdams Company, Inc. staff.
Ktiz
Print Property Owner Signature
Date
creating experiences through experience 2905 Meridian Parkway, Durham, NC 1919. 361. 5000

PLEASE
.OMPLETF
91 M C A DA M S AGENT AUTHORIZATION FORM
All Blanks To Be Filled In By The Current Property Owner
PIN:
0773183321 & 0773288960
Name:
HCG Fenton Phase D, LLC
Address:
5 Ravinia Drive, Atlanta, GA 30346
Phone/Email:
70 - Ziax! - 533.3 �+(uRl . AKM14v--:, e— K i"6-s . L on
Project Name:
Fenton
Project Number:
HIN-19000
Project Manager:
Bills perks/Jennifer Burdette
US Army Corps of Engineers
Raleigh Regulatory field Office
3331 Heritage Trade Drive, Suite 105
Waite Forest, NC 27587
Re: Wetlands Related Consulting and Permitting
To Whom It May Concern:
NC Division of Water Resources
401 & Buffer Permitting Branch
512 N. Salisbury Street
Raleigh, NC 27604
I hereby designate and authorize The Jahn R. McAdams Company, Inc. to act in my behalf as my agent in the
processing of permit applications, to furnish upon request supplemental information in support of applications, etc.
from this day forward.
i, the undersigned, a duly authorized owner of record of the property/properties identified herein, do authorize
representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) and NC Division of Water Resources
to enter upon the property herein described for the purpose of conducting on -site investigation and issuing a
determination associated with Water of the U.S. subject to Federal jurisdiction under Section 404 of the Clean Water
Act/Section 10 of the Rivers and Harbors Act of 1899 and/or Waters of State and/or Riparian Buffer Rules.
This notification supersedes any previous correspondence concerning the agent for this project.
NOTICE: This authorization, for liability and professional courtesy reasons, is valid only for government officials to
enter the property when accompanied by The John R. McAdams Compa , Inc. staff.
Print Property Owner Signat e
creaUng experiences through experience
\�;( -"A19
Date
29135 Meridian Parkway, Durham, NC 1919. 361. 5000

M M(-A 1)•a N1`' AGENT AUTHORIZATION FORM
All Blanks To Be Filled In By The Current Property Owner
PIN:
0774218071
Name:
State of North Carolina, State Property Office
Address:
116 W Jones Street, Raleigh, NC 2603-1300
Phone/Email:
9 9 fi rr. I cT/7�o�� a' o •. ne.
Project Name:
Fenton
Project Number:
HIN-19000
Project Manager:
Bills ❑erks/Jennifer Hurdette
US Army Carps of Engineers
Raleigh Regulatory Field Office
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587
Re: Wetlands Related Consulting and Permitting
To Whom it May Concern:
NC Division of Water Resources
401 & Buffer Permitting Branch
512 N. Salisbury Street
Raleigh, NC 27604
hereby designate and authorize The John R. McAdams Company, Inc. to act on my behalf as my agent in the
processing of permit applications and obtaining verification of wetland delineations for the project listed above.
I, the undersigned, a duly authorized owner of record of the property/properties identified herein, do authorize
representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) and NC Division of Water Resources
to enter upon the property herein described for the purpose of conducting on -site investigation and issuing a
determination associated with Water of the U.S. subject to Federai jurisdiction under Section 404 of the Clean Water
Act/Section 10 of the Rivers and Harbors Act of 1899 and/or Waters of state and/or Riparian Buffer Rules.
This notification supersedes any previous correspondence concerning the agent for this project.
NOTICE: This authorization, for liability and professional courtesy reasons, is valid only for government officials to
enter the property when accompanied by The John R. McAdams Company, Inc. staff.
Tr tA LJA L--T-o PJ
Print Property Owner
Signature
Date
A -G
creating experiences through experience 2905 Meridian Parkway, ❑urtiam, NC 1919 361 5000

Figure 1. US Geological Survey 7.5-minute Quadrangle Topographic Map

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1

Figure 2. Wake County Soil Survey Map

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Project area
NOTES:
1. NRCS: SOIL SURVEY SHEETS 47ANID 57, WAKE COUNTY, NC (1970)
0 660 1,320
FIGURE 2B. BUFFER SUBJECTIVITY SOIL SURVEY Feet
FENTON MIXED -USE DEVELOPMENT 1 inch = 1,320 feet
CARY, WAKE COUNTY, NC VERSION: 1
DATE: i 1/6/2019
MCADAMC JOB NO: HIN-19000
DRAWN BY: pierzge
x:lProjeots\HfMHIN-1900m4-ProductionkNatural Resource s%GISIHIN19000Fenton Fig 2B Huffer Suhj SS,mxd, 1116/2019 3:22:03 PM, plercga

PJD & Buffer Determination

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2012-01488 County: Wake County U.S.G.S. Quad: Cary
NOTIFICATION OF JURISDICTIONAL DETERARNATION
Property Owner/Applicant: North Carolina State Property Office
Attn: Joy Wayman
Address: Room 4055, Administration Building
116 West Janes Street
Raleigh, NC 27603
Telephone Number: 919-807-4650
Size (acres) 95 Nearest Town Cary
Nearest Waterway Walnut Creek River Basin Neuse
USGS HUC 03020201 Coordinates Latitude: 35.7776
Longitude:-78.759
Location description: The property is approximately 95 acres located adjacent to and north of Cary Towne Blvd., near the
town of Cary, Wake County, north Carolina. and is identified by PIN 0774311292.
Indicate Which of the Following Apply:
A. Preliminary Determination
X There are waters, including wetlands, on the above described property, that may be subject to Section 404 of the Clean Water
Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RIFIA) (33 USG § 403). The
waters, including wetlands, have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate
and reliable. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including
determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other
resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that
would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S, This preliminary
determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part
331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further
instruction.
There are wetlands on the above described property, that may be subject to Section 404 of the Clean Water Act (CWA)(33
USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RIIA) (33 USC § 403). However, since the
waters, including wetlands, have not been properly delineated, this preliminary jurisdiction determination may not be used in the
permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective
presumption of CWAIRHA jurisdiction overall of the waters, including wetlands, at the project area, which is not sufficiently
accurate and reliable to support an enforceable permit decision. We recommend that you have the waters of the U.S. on your
property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to
obtain a consultant to conduct a delineation that can be verified by the Corps.
B. Approved Determination
There are Navigable Waters of the United States within the above described property subject to the permit requirements of
Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC §
1344). Unless there is a change in law or our published regulations, this determination may be relied upon for a period not to
exceed five years from the date of this notification.
_ There are waters of the U.S., including wetlands, on the above described project area subject to the permit requirements of
Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations,
this determination may be relied upon for a period not to exceed five years from the date of this notification.
_ We recommend you have the waters of the U.S. on your property delineated. As the Corps may not be able to accomplish
this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by
the Corps.
Page 1 of 2

SAW-2012-0 IJ88
_ The waters of the U.S., including wetlands, on your project area have been delineated and the delineation has been verified
by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and
verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on
your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to
exceed five years.
_ The waters of the U.S., including wetlands, have been delineated and surveyed and are accurately depicted on the plat signed
by the Corps Regulatory Official identified below on . Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed. five years from the date of this notification.
There are no waters of the U.S., to include wetlands, present on the above described project area which are subject to the permit
requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
_ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA),
You should contact the Division of Coastal Management in Morehead City, NC, at [phone] to determine their
requirements.
Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or
placement of structures, or work within navigable waters of the United States without a Department of the Army permit may
constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions
regarding this determination and/or the Corps regulatory program, please contact .fames Lastinger at [phone] or
Ja mes.C. LastinLyerQusace.army. m il.
C. Basis For Determination: NIA. An Approved JD has not been completed.
D. Remarks:
E. Attention USDA Program Participants
This delineation/deterrnination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site
identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security
Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request
a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work.
F. Appeals Information for Approved Jurisdiction Determinations (as indicated in Section B. above)
If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed
you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form, If you request to appeal this
determination you must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Jason Steele, Review Officer
60 Forsyth Street SW, Room 10M15
Atlanta, Georgia 30303-8801
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal
under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form, it must be received at the above address by
It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence. A /
Corps Regulatory Officia
Date: May 31, 2019

SANV 2012-01488
The Wilmington Distfict is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete our Customer Satisfaction Survey, located on] ine at
httl2:HcgMsniapu.usace.army.mil/em a exlf?=136:4:0,
Copy Furnished:
McAdams
Attn: Jennifer Burdette
2905 Meridian Parkway
Durham, NC 27713

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J FIGURE 3. PRELIMINARY JURISDICTIONAL DETERMINATION MAP 111111110=1111101=1 Feet
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CARY, NORTH CAROLINA DATE: af.5201El
JQB NO: GD51-15000
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Water Resources
ENVIRONMENTAL QUALITY
October 17, 20t7
State of North Carolina
c/o Department of Administration
116 W Jones St..
Raleigh, NC 27603-1300
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. JAY ZIMMERMAN
Director
Subject: Buffer Determination Letter
NBRRO #17-340
Wake County
Determination Type:
Buffer Intermittent/Perennial
❑ Neuse (15A NCAC 213 .0233)
❑ Tar -Pamlico (15A NCAC 2B .0259) ❑ Intermittent/Perennial Determination (where local buffer
ordinances apply)
❑ Jordan (15A NCAC 2B .0267)
(governmental and/or interjurisdictional
projects)
Project Name
Address/Location:
Stream(s):
Cary Towne Boulevard — State-owned Property
950 E. Chatham St., Cary, NC 27511
Walnut Creek & UTs
Determination Date: 1/2017
Staff: Jason Robinson
Stream
E/UP*
Not Subject
Subject
Start a;
StopC
Soil
USGS
Survey
Topo
A
P
X
X
X
B
P
X
X
X
C
I
X
Offsite
DWR Flag
X
—35.7784004
-78.7591019
C (cont)
I
X
DWR Flag
DWR Flag
X
—35,7775002
—35.7773018
-78.7587967
-78.7587967
D
I
X
DWR Flag
Stream A
X
X
35.7850990
-78.7584991
Division of Water Res tirces, Ralei-h Itegri«naf Office, Wmcr Quality Operatioils Scction IutpJ'port��Lncdenr.org!��chiwd%aps
t628 MIA Service Center, Raleigh, NC 27699-1628 Plione: (9t9) 791-4200
Locatiori: 3800 Barrett Drive, Raleigh, NC 27609 F "Ix: [phone]

Cary Towne Boulevard — State-owned Property
Wake County
October 17, 2017
Page 2 of 2
Stream
E/I/P*
Not Subject
Subject
Start(i
L
StopC
Soil
Survev
USGS
To o
E
I
X
DWR Flag
35.7820015
-78.7546005
Stream A
X
F
E
X
X
G
E
X
X
H
E
X
X
I
E
X
X
*EIVP = Ephemeral/Intermittent/Perennial
Explanation: The stream(s) listed above has been located on the most recent published NRCS Soil Survey of Wake
County, North Carolina and/or the most recent copy of the USGS Topographic map at a 1:24,000 scale. Each
stream that is checked "Not Subject" has been determined to not be at least intermittent or is not present. Streams
that are checked "Subject" have been located on the property and possess characteristics that qualify it to be at least
an intermittent stream. There may be other streams located on the property that do not show up on the maps
referenced above but may be considered jurisdictional according to the US Army Corps of Engineers.
This on -site determination shall expire five (5) years from the date of this letter. Landowners or affected
parties that dispute a determination made by the DWR may request a determination by the Director. An
appeal request must be made within sixty (60) days of date of this letter. A request for a determination by the
Director shall be referred to the Director in writing. IJ'sending via US Postal Service: c/o Karen Higgins;
DtVR — 401 & Baffer Permitting Unit; 1617 Nlail Service Center; Raleigh, NC 27699-1617. If sending via
delivery service (UPS, FedEx, etc.): Karen Higgins; DJVR — 401 & Buffer Permitting Unit; 512 N. Salisbury
Street, Raleigh, NC 27604.
This determination is unai and binding uniess, as detaiied above, unless an appeal is requested within sixty
(60) days.
This project may require a Section 404/401 Permit for the proposed activity. Any inquiries should be
directed to the US Army Corp of Engineers (Raleigh Regulatory Field Office) at (919)-554-4884.
If you have questions regarding this determination, please feel free to contact Jason Robinson at [phone] or
Jason.'I'.Rol>irrso�.r�%l:ncd, �rrr�ri.-�'
Sincere y,
I S
Danny Smith !
Supervisor, Water Quality Regional Operations Center
cc: RRO DWR File Copy
Kelly Roth of McAdams Company: 2905 Meridian Parkway, Durham, NC 27713

17-340
Cary Towne Boulevard - State -Owned Property
�SfAr�4 Map provided by NCDEQ
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sources
-Approximate Site<s_'
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-Approximate Start/Stop x ,��s
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17-340
Cary Towne Boulevard - State -Owned Property
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NWP & 401 Certification w/Mitigation Forms

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2012-01499 County: Wake U.S.G.S. Quad: NC -Cary
GENERAL PERNHT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee:
USEF HCG Fenton, LLC
Kurt Hartman
Address:
8 Ravinia Drive
Atlanta, GA 30346
Telephone Number.
770-206-5333
E-mail:
kurt.hartman(a' ines.com
Size (acres) 92 Nearest Town Cary
Nearest Waterway Walnut Creek River Basin Neu -se
USGS HUC 03020201 Coordinates Latitude: 35.7809
Longitude:-78.7573
Location description: The project site is approximately 92 acres bordered to the south by Cary Town Blvd. anti to the east by
Walnut Creek in the town of Cary, Wake County, North Carolina.
Description of projects area and activity: This permit verification aItows for 0.423 acre of ►Nretiand impacts (0.I99 acre temporary
anti 0.234 acre permanent] and 291 linear feet of stream channel impacts 046 if temporary and 145 if nermanen#1 associated
with the construction of the Fenton mixed use dmelonment. mitigation is required Tor #his irroposal.
Applicable Law(s): ❑X Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: NWP 39. Commercial and Institutional Developments
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 enclosed
Conditions, your application signed and dated 412712020, and the enclosed plans entitled "Fenton impact exhibits" (11 sheets)
dated 4122/2020. 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 authorization is modified, suspended
or revoked. If, prior to the expiration date identified below, the nationwide 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 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 permit, will remain authorized provided the activity is completed
n6thin twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has
been exercised on a case -by -case basis to modify, 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 [phone]) 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 [phone].
This Department of the Army verification does not relieve the pennittee 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 James Lastinger at 919-554-4884 ext 32or James.C.Lastinp-er(alusace.armv.mil.
Corps Regulatory Official: _Date: 04/29/2020
Expiration Date of Verification: 03/18/2022 o- �

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
http://corpsmapu.usace.amiy.miUcm_apexif?p=135:4:D
Copy furnished:
Agent: McAdams Comnany
Jennifer Burdette
Address: 2905 Meridian Parkway
Durham, NC 27713
Telephone Number: 919-361-504111
E-mail: hurdette(u)meadamscoxom

SAW-2012-01499
SPECIAL CONDITIONS
a. In order to compensate for impacts associated with this permit, mitigation shall be provided in accordance
with the provisions outlined on the most recent version of the attached Compensatory Mitigation Responsibility
Transfer Form. The requirements of this form, including any special conditions listed on this fonn, are hereby
incorporated as special conditions of this permit authorization.

SAW-2012-01499
Compensatory Mitigation Responsibility Transfer Form
Permittee: USEF HCG Fenton, LLC, Kurt Hartman Action ID: SAW-2012-01499
Project Name: Fenton Mixed -use development County: Wake
Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved
Mitigation Bank or the North Carolina Division of Mitigation Services (NCDMS), who will then sign the form to verify the
transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee's responsibility to ensure
that to the U.S. Army Corps of Engineers (USACE) Project Manager identified on page two is in receipt of a signed copy of this
form before conducting authorized impacts, unless otherwise specified below. If more than one mitigation Sponsor will be
used to provide the mitigation associated with the permit, or if the impacts and/or the mitigation will occur in more than one
8-digit Hydrologic Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms for each Sponsor
and/or HUC must be provided to the appropriate mitigation Sponsors.
Instructions to Sponsor: The Sponsor must verify that the mitigation requirements (credits) shown below are available at the
identified site. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of
whether or not they have received payment from the Permittee. Once the form is signed, the Sponsor must update the bank
ledger and provide a copy of the signed form and the updated bank ledger to the Permittee, the USACE Project Manager, and
the Wilmington District Mitigation Office (see contact information on page 2). The Sponsor must also comply with all
reporting requirements established in their authorizing instrument.
Permitted Impacts and Compensatory Mitigation Requirements:
Permitted Impacts Requiring Mitigation* 8-digit HUC and Basin: 03020201, Neuse River Basin
Stream Impacts (linear feet)
Wetland Impacts (acres)
Warm
Cool
Cold
Riparian Riverine
Riparian Non-Riverine
Non -Riparian
Coastal
0.234
*If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor.
Compensatory Mitigation Requirements: 8-digit HUC and Basin: 03020201, Neuse River Basin
Stream Mitigation (credits)
Wetland Mitigation (credits)
Warm
Cool
Cold
Riparian Riverine
Riparian Non-Riverine
Non -Riparian
Coastal
0.47
Mitigation Site Debited: Falling Creek Stream and wetland mitigation bank -Falling Creek/Grantham Branch sites
(List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCDMS, list NCDMS. If the NCDMS
acceptance letter identifies a specific site, also list the specific site to be debited).
Section to be completed by the Mitigation Sponsor
Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation
transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for
providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action
ID number shown. I also verify that released credits (and/or advance credits for NCDMS), as approved by the USACE, are
currently available at the mitigation site identified above. Further, I understand that if the Sponsor fails to provide the
required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to
ensure compliance associated with the mitigation requirements.
wildlands Holdings III, LLC
Mitigation Sponsor Name:
Na
Authorized Representative;
Robert W. Bugg
6/10/2020
re o1 Sponsor's Authorized Representative Date of Signature

Conditions for Transfer of Compensatory Mitigation Credit:
• Once this document has been signed by the Mitigation Sponsor and the USACE is in receipt of the signed form, the
Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains
responsible for any other mitigation requirements stated in the permit conditions.
• Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only after
the USACE is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has accepted
responsibility for providing the mitigation requirements listed herein. For authorized impacts conducted by the North
Carolina Department of Transportation (NCDOT), construction within jurisdictional areas may proceed upon permit
issuance; however, a copy of this form signed by the Sponsor must be provided to the USACE within 30 days of permit
issuance. NCDOT remains fully responsible for the mitigation until the USACE has received this form, confirming that the
Sponsor has accepted responsibility for providing the mitigation requirements listed herein.
• Signed copies of this document must be retained by the Permittee, Mitigation Sponsor, and in the USACE administrative
records for both the permit and the Bank/ILF Instrument. It is the Permittee's responsibility to ensure that the USACE
Project Manager (address below) is provided with a signed copy of this form.
• If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to
the USACE, the Sponsor must obtain case -by -case approval from the USACE Project Manager and/or North Carolina
Interagency Review Team (NCIRT). If approved, higher mitigation ratios may be applied, as per current District guidance
and a new version of this form must be completed and included in the USACE administrative records for both the permit
and the Bank/ILF Instrument.
Comments/Additional Conditions: A letter from Wildlands Holdings III, LLC, confirming they are willing and able to accept
the applicant's compensatory mitigation responsibility, dated 4/24/2020 was included with the preconstruction
notification.
This form is not valid unless signed below by the USACE Project Manager and by the Mitigation Sponsor on Page 1. Once
signed, the Sponsor should provide copies of this form along with an updated bank ledger to:1) the Permittee, 2) the USACE
Project Manager at the address below, and 3) the Wilmington District Mitigation Office, Attn: Todd Tugwell, 11405 Falls
of Neuse Road, Wake Forest, NC 27587 (email: [e-mail]. mil). Questions regarding this form or any of the
permit conditions may be directed to the USACE Project Manager below.
USACE Project Manager: James Lastinger
USACE Field Office:
Raleigh Regulatory Office
US Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Email:
[e-mail]
USACE Project Manager Signature
04/29/2020
Date of Signature
Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and
mitigation bank location and availability, and credit classifications (including stream temperature and wetland groupings) is
available at http://ribits.usace.army.mil

Compensatory Mitigation Responsibility Transfer Form
Permittee: USEF HCG Fenton, LLC, Kurt Hartman
Project Name: Fenton mixed use development
Action ID: SAW-2012-01499
County: Wake
Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved
Mitigation Bank or the North Carolina Division of Mitigation Services (NCDMS), who will then sign the form to verify the
transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee's responsibility to ensure
that to the U.S. Army Corps of Engineers (USACE) Project Manager identified on page two is in receipt of a signed copy of this
form before conducting authorized impacts, unless otherwise specified below. If more than one mitigation Sponsor will be
used to provide the mitigation associated with the permit, or if the impacts and/or the mitigation will occur in more than one
8-digit Hydrologic Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms for each Sponsor
and/or HUC must be provided to the appropriate mitigation Sponsors.
Instructions to Sponsor: The Sponsor must verify that the mitigation requirements (credits) shown below are available at the
identified site. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of
whether or not they have received payment from the Permittee. Once the form is signed, the Sponsor must update the bank
ledger and provide a copy of the signed form and the updated bank ledger to the Permittee, the USACE Project Manager, and
the Wilmington District Mitigation Office (see contact information on page 2). The Sponsor must also comply with all
reporting requirements established in their authorizing instrument.
Permitted Impacts and Compensatory Mitigation Requirements:
Permitted Impacts Requiring Mitigation* 8-digit HUC and Basin: 03020201, Neuse River Basin
Stream Impacts (linear feet)
Wetland Impacts (acres)
Warm
Cool
Cold
Riparian Riverine
Riparian Non-Riverine
Non -Riparian
Coastal
0.157
*If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor.
Compensatory Mitigation Requirements: 8-digit HUC and Basin: 03020201, Neuse River Basin
Stream Mitigation (credits)
Wetland Mitigation (credits)
Warm
Cool
Cold
Riparian Riverine
Riparian Non-Riverine
Non -Riparian
Coastal
0.157
Mitigation Site Debited: Falling Creek stream and wetland mitigation bank: Falling Creek and Grantham Branch sites
(List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCDMS, list NCDMS. If the NCDMS
acceptance letter identifies a specific site, also list the specific site to be debited).
Section to be completed by the Mitigation Sponsor
Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation
transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for
providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action
ID number shown. I also verify that released credits (and/or advance credits for NCDMS), as approved by the USACE, are
currently available at the mitigation site identified above. Further, I understand that if the Sponsor fails to provide the
required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to
ensure compliance associated with the mitigation requirements.
wildlands Holdings III, LLC
Mitigation Sponsor Name:
Na ,Mpp§ yr's Authorized Representative: Robert W. Bugg
AligbTf onsor's Authorized Representative
11/5/2020
Date of Signature

Conditions for Transfer of Compensatory Mitigation Credit:
• Once this document has been signed by the Mitigation Sponsor and the USACE is in receipt of the signed form, the
Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains
responsible for any other mitigation requirements stated in the permit conditions.
• Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only after
the USACE is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has accepted
responsibility for providing the mitigation requirements listed herein. For authorized impacts conducted by the North
Carolina Department of Transportation (NCDOT), construction within jurisdictional areas may proceed upon permit
issuance; however, a copy of this form signed by the Sponsor must be provided to the USACE within 30 days of permit
issuance. NCDOT remains fully responsible for the mitigation until the USACE has received this form, confirming that the
Sponsor has accepted responsibility for providing the mitigation requirements listed herein.
• Signed copies of this document must be retained by the Permittee, Mitigation Sponsor, and in the USACE administrative
records for both the permit and the Bank/ILF Instrument. It is the Permittee's responsibility to ensure that the USACE
Project Manager (address below) is provided with a signed copy of this form.
• If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to
the USACE, the Sponsor must obtain case -by -case approval from the USACE Project Manager and/or North Carolina
Interagency Review Team (NCIRT). If approved, higher mitigation ratios may be applied, as per current District guidance
and a new version of this form must be completed and included in the USACE administrative records for both the permit
and the Bank/ILF Instrument.
Comments/Additional Conditions: A letter from Wildlands Holdings III. LLC, confirming they are willing and able to accept
the applicant's compensatory mitigation responsibility, dated 7/28/2020 was included with the preconstruction
notification.
This form is not valid unless signed below by the USACE Project Manager and by the Mitigation Sponsor on Page 1. Once
signed, the Sponsor should provide copies of this form along with an updated bank ledger to: 1) the Permittee, 2) the USACE
Project Manager at the address below, and 3) the Wilmington District Mitigation Office, Attn: Todd Tugwell, 11405 Falls
of Neuse Road, Wake Forest, NC 27587 (email. [e-mail]). Questions regarding this form or any of the
permit conditions may be directed to the USACE Project Manager below.
USACE Project Manager: James Lastinger
USACE Field Office: Raleigh Regulatory Office
US Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Email: [e-mail]
cr�o .ram
USACE Project Manager Signature
09/02/2020
Date of Signature
Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and
mitigation bank location and availability, and credit classifications (including stream temperature and wetland groupings) is
available at http://ribits.usace.army.mil

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 [1SA NCAC 02B .0714j WITH ADDITIONAL CONDITIONS
Fenton
OTO. ►III111111111:. iFTGif iiii
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 toy Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed
regulations. This 401 Water Quality Certification and Authorization Certificate for OWR #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 De part men[ of Environmental Quality I Division of Water Resources
Raleigh Regional Office 13800 Barrett Drive I Raleigh. North Carolina 27609
KF "ill U nL INA
tll�
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)
53: Road Crossing 2
80 (linear feet)
0 (linear feet)
Buffers — Zone 1
61: 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)
64: Greenway Trail
3,852 (square feet)
0 (square feet)
135: Greenway Trail
1,420 (square feet)
0 (square feet)
66: Greenway Trail
449 (square feet)
0 (square feet)
137: Greenway Trail
1,309 (square feet)
0 (square feet)
B8: Greenway Trail Construction Access
0 (square feet)
660 (square feet)
139: Greenway Trail
823 (square feet)
0 (square feet)
1310: Road Widening
5,841 (square feet)
0 (square feet)
611: Road Crossing 2
5,741 (square feet)
0 (square feet)
B12: Sanitary Sewer Replacement
2,580 (square feet)
0 (square feet)
Buffers — Zone 2
61: 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)
B& Greenway Trail
4,286 (square feet)
0 (square feet)
B7: 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)
1310: Road Widening
5,319 (square feet)
0 (square feet)
B11: 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 Manaeement Plan (SMP) Aooroval from Local Communitv Reauired
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 .0505(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 1, 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 I, 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)]:
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 .0200]. 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 Fencin
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
150E 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:Z/www.ncoah.comZ 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,
DocuSigned by:
E
� e*�i 0A4At-
6COA9�82504A46D...
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 RR❑ 401/Riparian Buffer file
DWR 401 & Buffer Permitting Unit via Laserfiche
Jennifer Burdette, McAdams Company, (via email)

ire:
Mitigation Credit Transfer Certificate
Prepared by
EBX-NEUSE1, LLC
November 9, 2020
USEF HCG Fenton, LLC
5 Ravinia Drive
Atlanta, GA 30346
Uzzle Bank Parcel ID: DWR Project # 2016-0981 v2
Riparian Buffer Credits Purchased: 22,433.00 (ft2)
8 digit-HUC — 03020201
Neuse River Basin
Project Name: Fenton, DWR Project 919-1700 v2
You have elected to fulfill your permitted buffer mitigation requirements for the Fenton project by
paying into the Neuse Riparian Buffer and Nutrient Bank (Uzzle Site).
This Bank has received full payment for buffer mitigation for the above referenced project. Riparian
buffer impacts occurred in the Neuse River Basin. The amount of buffer mitigation required is specified
and verified by DWR in project 919-1700 v2 and is 22,433.00 W.
You must also comply with any other state, federal or local government permits, or authorization
associated with this activity including SL 2009-337, An Act to Promote Compensatory Mitigation
Banks. This payment into the Bank is not transferable. If you have any questions or need additional
information, please contact me at 919-209-1075 or [e-mail].
Sincerely,
Caitlan B. Parker
Credit Sales Coordinator
Resource Environmental Solutions, LLC
cc: DWR - Katie Merritt, Nutrient Offset Bank Coordinator
DWR — Stephanie Goss
McAdams — Jennifer Burdette
Resource Environmental Solutions, LLC . 302 Jefferson Street, Suite 110 . Raleigh, NC 27605

Impact Map & Construction Details

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1

USFWS Letter

United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh CS Field Office
Post Office Box 33726
Raleigh, North Carolina 27636-3726
September 21, 2017
Kelly Roth
The John R. McAdams Company Inc.
2905 Meridian Parkway
Durham, NC 27713
Re: State -Owned Property - Cary Towne Boulevard — Wake County, NC
Dear Mrs. Roth.:
This letter is to inform you that the Service has established an on-line project planning and
consultation process which assists developers and consultants in determining whether a
federally -listed species or designated critical habitat may be affected by a proposed project. For
future projects, please visit the Raleigh Field Office's project planning website at
https://www.t'ws.gov/ralcigh/pp.html. If you are only searching for a list of species that may be
present in the project's Action Area, then you may use the Service's Information, Planning, and
Consultation System (IPaC) website to determine if any listed, proposed, or candidate species
may be present in the Action Area and generate a species list. The IPaC website may be viewed
at htt s:ttccos.fws. govli pact. The IPaC web site contains a complete and frequently updated list
of all endangered and threatened species protected by the provisions of the Endangered Species
Act of 1973, as amended (16 U.S.C. 1531 et seq.)(Act), a list of federal species of concern that
are known to occur in each county in North Carolina, and other resources.
Section 7 of the Act requires that all federal agencies (or their designated non-federal
representative), in consultation with the Service, insure that any action federally authorized,
funded, or carried out by such agencies is not likely to jeopardize the continued existence of any
federally -listed endangered or threatened species. A biological assessment or evaluation may be
prepared to fulfill that requirement and in determining whether additional consultation with the
Service is necessary. In addition to the federally -protected species list, information on the
species' life histories and habitats and information on completing a biological assessment or
evaluation and can be found on our web page at http:tlwww.fws.gov/raleigh. Please check the
web site often for updated information or changes.
1 The term "federal species of concern" refers to those species which the Service believes might be in need of
concentrated conservation actions. Federal species of concern receive no legal protection and their designation does
not necessarily imply that the species will eventually be proposed for listing as a federally endangered or threatened
'species. However, we recommend that all practicable measures he taken to avoid or minimize adverse impacts to
federal species of concern.

If your project contains suitable habitat for any of the federal]y-listed species known to be
present within the county where your project occurs, the proposed action has the potential to
adversely affect those species. As such, we recommend that surveys be conducted to determine
the species' presence or absence within the project area. The use of North Carolina Natural
Heritage program data should not be substituted for actual field surveys.
If you determine that the proposed action may affect (i.e., likely to adversely affect or not likely
to adversely affect) a federally -protected species, you should notify this office with your
determination, the results of your surveys, survey methodologies, and an analysis of the effects
of the action on listed species, including consideration of direct, indirect, and cumulative effects,
before conducting any activities that might affect the species. If you determine that the proposed
action will have no effect (i.e., no beneficial or adverse, direct or indirect effect) on federally
listed species, then you are not required to contact our office for concurrence (unless an
Environmental Impact Statement is prepared). However, you should maintain a complete record
of the assessment, including steps leading to your determination of effect, the qualified personnel
conducting the assessment, habitat conditions, site photographs, and any other related articles.
With regard to the above -referenced project, we offer the following remarks. Our comments are
submitted pursuant to, and in accordance with, provisions of the Endangered Species Act.
Based on the information provided and other information available, it appears that the proposed
action is not likely to adversely affect any federally -listed endangered or threatened species, their
formally designated critical habitat, or species currently proposed for listing under the Act at
these sites. We believe that the requirements of section 7(a)(2) of the Act have been satisfied for
your project. Please remember that obligations under section 7 consultation must be
reconsidered if: (1) new information reveals impacts of this identified action that may affect
listed species or critical habitat in a manner not previously considered; (2) this action is
subsequently modified in a manner that was not considered in this review; or, (3) a new species
is listed or critical habitat determined that may be affected by the identified action.
However, the Service is concerned about the potential impacts the proposed action might have
on aquatic species. Aquatic resources are highly susceptible to sedimentation. Therefore, we
recommend. that all practicable measures be taken to avoid adverse impacts to aquatic species,
including implementing directional boring methods and stringent sediment and erosion control
measures. An erosion and sedimentation control plan should be submitted to and approved by
the North Carolina Division of Land Resources, Land Quality Section prior to construction.
Erosion and sedimentation controls should be installed and maintained between the construction
site and any nearby down -gradient surface waters. In addition, we recommend maintaining
natural, vegetated buffers on all streams and creeks adjacent to the project site.
The North Carolina Wildlife Resources Commission has developed a Guidance Memorandum (a
copy can be found on our website at (http:llwww.fws.gov/raleigh) to address and mitigate
secondary and cumulative impacts to aquatic and terrestrial wildlife resources and water quality.
We recommend that you consider this document in the development of your projects and in
completing an initiation package for consultation (if necessary).

We hope you find our web page useful and informative and that following the process described
above will reduce the time required, and eliminate the need, for general correspondence for
species' lists. If you have any questions or comments, please contact John Ellis of this office at
[phone] ext. 26.
Sin" ly, ^ c
ete Benjamin
Field Supervisor
3

Cultural Resources

rpiG,3
North Carolina Department of Natural and Cultural Resources
State Historic Preservation Office
Ramona Al. Bartos, Administrator
C:ovcrnor Roy Conpc_r
&Mtory SUSS H. 1lamilton
September 28, 2017
Kelly Roth
McAdams
2905 Meridian Parkway
Durham, NC 27713
rath c,,meadamsco.com
Re: State-owned property, Cary Towne Boulevard, Wake County, GS 17-1635
Dear Ms. Roth:
Thank you for your letter of August 25, 2017, concerning the above project.
C7ilice ❑f Archives and 1 Gstory
Deputy Secretory Kevin C:hrrrs
We have conducted a review of the project and are aware of no historic resources which would be
affected by the project. Therefore, we have no comment on the project as proposed.
The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the
Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36
CFR Part 800.
Thank you for your cooperation and consideration. If you have questions concerning the above comment,
please contact Renee Gledhill -Earley, environmental review coordinator, at 919-807-6579 or
[e-mail], In all future communication concerning this project, please cite the
above -referenced tracking number.
Sincerely,
2L.,., lk". -&4
Tt mona M. Bartos
Lacotioo- 1CI9 Last Joncs Surct, Ralcylt NC; 27GU1 Mailing Address: 4617 Al:d1 Scn ice (sntcr, Raleigh NC 27699-4617 Telephone/Fax: {)19)867.4579/807-G599

Supporting Photographs

Natural Resource Consultants
Supporting Photographs
Photo 1. Eroded streambanks below the pedestrian bridge over Walnut Creek.
Photo 2. Scour hole located within the stream buffer of Walnut Creek before repair.
308 W Millbrook Road, Ste D #200, Raleigh, NC 27609 1 of 2

Natural Resource Consultants
Photo 3. Stabilized scour hole located within the stream buffer of Walnut Creek.
308 W Millbrook Road, Ste D #200, Raleigh, NC 27609 2 of 2