20201653 Ver 1_401 Approval Letter_20210317

DocuSign Envelope ID: 9C29E3F0-CFAC-4284-A525-3A706CE1AC6A
ROY COOPER
Governor
DIONNE DELLI-GATTI
Secretary
S. DANIEL SMITH
Director
March 17, 2021
Clayton Properties Group, Inc.
Attn: Chris Simmering
2521 Schieffelin Road, Suite 116
Apex, NC 27502
�ueo
NORTH CAROLINA
Environmental Quality
DWR # 20201653
Wake County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
1001 Olive Branch Road Subdivision
Dear Mr. Simmering:
You have our approval for the impacts listed below for the purpose described in your application dated
January 15, 2021 received by the Division of Water Resources (Division) January 15, 2021 and payment
received January 20, 2021 with additional information received on February 21, 2021. These impacts are
covered by the attached Water Quality General Certification Number 4139. This certification is
associated with the use of Nationwide Permit Number 29 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.
The Division has determined that the proposed project will comply with water quality requirements
provided that you adhere to the conditions listed in the enclosed certification.
The following proposed impacts are hereby approved. No other impacts are approved, including
incidental impacts. [15A NCAC 02H .0506(b)]
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Wetland
W1: Sewer Crossing
0 (acres)
0.072 (acres)
W3: Sewer Crossing
0 (acres)
0.010 (acres)
W13a: Roar Crossing/Temp. Construction Access
0 (acres)
0.013 (acres)
W28: Utility Crossing -Water Main
0 (acres)
0.012 (acres)
W13: Road Crossing
0.189 (acres)
0 (acres)
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office 13800 Barrett Drive I Raleigh, North Carolina 27609
NORT1 CAROLINA -
Depa�mmennmmem li psi\ r 919.791.4200

DocuSign Envelope ID: 9C29E3F0-CFAC-4284-A525-3A706CE1AC6A 1001 Olive Branch Road Subdivision
DWR# 20201653
401 Certification
Page 2 of 4
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Stream
S2: Sewer Crossing
0 (linear feet)
8 (linear feet)
S4: Sewer Crossing
0 (linear feet)
30 (linear feet)
S5: Road Crossing
0 (linear feet)
5 (linear feet)
S6: Road Crossing -Culvert
113 (linear feet)
0 (linear feet)
S7: Rip Rap Dissipator
13 (linear feet)
0 (linear feet)
S8: Road Crossing
0 (linear feet)
7 (linear feet)
S9: Road Crossing
0 (linear feet)
9 (linear feet)
510: Road Crossing Culvert
133 (linear feet)
0 (linear feet)
511: Rip Rap Dissipator
26 (linear feet)
0 (linear feet)
512: Road Crossing
0 (linear feet)
6 (linear feet)
514: Sewer Crossing
0 (linear feet)
30 (linear feet)
515: Sewer Crossing
0 (linear feet)
6 (linear feet)
516: Sewer Crossing
0 (linear feet)
39 (linear feet)
527: Sewer Crossing
0 (linear feet)
23 (linear feet)
529: Utility Crossing -Water main
0 (linear feet)
24 (linear feet)
532: Bottomless Culvert -Shading
92 (linear feet)
0 (linear feet)
533: Bottomless Culvert -Shading
73 (linear feet)
0 (linear feet)
Additional Conditions:
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 Wildlands Holdings III, LLC and the Falling Creek Stream
and Wetland Mitigation Bank Instrument (UMBI) to meet this mitigation requirement. The specific bank
site to be debited will be the McClenny Acres II Mitigation Site located in HUC 03020201. Until
Wildlands Holdings III, LLC receives and clears your payment, and proof of payment has been provided
to this Office, no impacts specified in this Certification shall occur. For accounting purposes, this
Certification authorizes payment to Wildlands Holdings III, LLC to meet the following compensatory
mitigation requirement [15A NCAC 02H .0506(c)]:
Compensatory
Mitigation
Compensatory
Mitigation Required
Bank Sponsor
River & Sub -Basin
Number
Wetlands
0.189 (acres)
Wildlands Holding III, LLC
Neuse: 03020201
Justification: A project that affects waters shall not be permitted unless the existing uses, and the water
quality to protect such uses, are protected. In determining that the proposed activity will comply with
state water quality standards (including designated uses, numeric criteria, narrative criteria and the
state's antidegradation policy), the project must provide for replacement of existing uses through
compensatory mitigation.

DocuSign Envelope ID: 9C29E3F0-CFAC-4284-A525-3A706CE1AC6A 1001 Olive Branch Road Subdivision
DWR# 20201653
401 Certification
Page 3 of 4
This approval is for the purpose and design described in your application. The plans and specifications
for this project are incorporated by reference as part of this Certification. If you change your project,
you must notify the Division and you may be required to submit a new application package with the
appropriate fee. If the property is sold, the new owner must be given a copy of this Certification and is
responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)].
If you are unable to comply with any of the conditions of the attached Water Quality General
Certification, you must notify the Raleigh Regional Office within 24 hours (or the next business day if a
weekend or holiday) from the time the permittee becomes aware of the circumstances.
The permittee shall report to the Raleigh Regional Office any noncompliance with, and/or any violation
of, stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment impacts to
streams or wetlands. Information shall be provided orally within 24 hours (or the next business day if a
weekend or holiday) from the time the permittee became aware of the non-compliance circumstances.
This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]
This Certification can be contested as provided in Chapter 150B of the North Carolina General Statutes by
filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative
Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter
150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code.
Additional information regarding requirements for filing a Petition and Petition forms may be accessed at
http://www.ncoah.com/ or by calling the OAH Clerk's Office at [phone].
One (1) copy of the Petition must also be served to the North Carolina Department of Environmental
Quality:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review of the Division under section 401 of the Clean Water Act and 15A NCAC
02H .0500. Please contact Stephanie Goss at 919-791-4256 or [e-mail] if you have
any questions or concerns.
Sincerely,
Docu Signed by:
Sett Ul�w
BCDA9D825D4A46D...
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ

DocuSign Envelope ID: 9C29E3F0-CFAC-4284-A525-3A706CE1AC6A 1001 Olive Branch Road Subdivision
DWR# 20201653
401 Certification
Page 4 of 4
Enclosures: GC 4139
cc: Troy Beasley, WithersRavenel (via email)
April Norton, USACE Raleigh Regulatory Field Office (via email)
Gabriela Garrison, NCWRC (via email)
DWR 401 Buffer Permitting Unit file via Laserfiche