20140087 Ver 2_Approval Letter_20140721

NC®ENP,
North Carolina Department,of �Environment�and Natural, Resources
Pat McCrory,,
Governor
July 21,,2014'
Raleigh Land Fund '1, LLC
Att-n: Adam Ashbaugh
5-16 N. West,Street
Raleigh, NC27603
John E. Skvarla, III
Secretary
DWR # 14- 0087v2
Wake County
Subject: APPROVAL OF-401 WATER QUALITY CERTIFICATION WITH,ADDITIONAL
CONDITIONS
The ;Preserve- atWhite Oak Creek
DeaFr Mr. Ashbaugh:
You have our approval for°the impacts, listed below for'the purpose,described in your,app,lication
d'ated,June 12, 2014 and'received by the'Di,y'ision of Water Resources (Division) on June 26, 2014.
These impacts, are cove red`bythe attached VWater,Quality `General Cer=tification Num,'ber 3890 and
the conditions listed below,. This certification is associated, with the-use 'of Nationwide, Permit
�Nurnber'29 once Jt is issued to you' by the U.S. Army_ Corps of Engineers. Please note that you
should get any other federal, state or,local, perm its before proceeding with' your' project, including:
those required by (but n`ot limited to) Sediment and Erosion Control, Non - Discharge, and Water
Supply Watershed regulations. This 401 Water Quality Certification dated July 21, 2014 replaces
the 401 Water Quality Certification dated,Februa�ry_ i4,, 2014. Wetland and Stream Impacts J
Were added to Version 2,6f this project,.
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
coriditions,of the Certification; General Permit,and /.or Bu_'ffer'Rules are met. No other impacts
are,approved,.incLuding incidental impacts.,
NoAhCarol
- - Natura!
North.Carohna Division of-Water'Resources, 1628aMaiI'_Service Center Raleigh, NQ276994628, Phone, +(919) 791 =4200 Customer Serowe,
Internet www ncwaterquahty org Location- 3800 Barrett Drrve Raleigh, NC 27609 Fax [phone]
An Equal OpportumtylA*mabVe Action Employer— 50% Recycled110 %Post Consumer Paper

The Preserve at White Oak
' DWR# 14- 0087v2
401 APPROVAL,
Page 2 ,of 5
Type ofJmpact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Wetland
0.06 (acres)
0.01 (acres),
Impact B
Wetland
0:07 (acres)
0.01 (acre)
Impact D
Wetland
<0.01 (acres)
G('acre),
Impact, E
Wetland;
0.01 (acres)
<0.01x(acre):
Impact F
Wetland
<0.01,(acres)
D (acre),
Impact 'G
Wetland`
0.01.(acres) =,
0(acre)
Impacts H and I
Wetland
0.04 (acres)
0.03 (acre)
Impact J
Stream
1"52'(li`near feet)
'0 (1in'ear feet)
Impact A
,Stream
135 (linear feet)
.0 (linear feet)
Impact B,
Stream
129 (linear feet)
0,(lineaHeet)
Impact C
Stream_
10 (linear °feet)
10 (linear'feet)
Impact J
1. Storm-water Manaeement Plan (SMP) Approval from 'Local Community Required
You are requited to provide one copy (hai-d,,copy,o,r,digital),of the approved SMP, including
plan details on full -sized plan sheets,'with proof of the,Town of Apex's approval. The approved
SMP'shall be submitted to the DWR Webscap'e Unit :(1:650 Mail,Service Center, Ralei'gh,'NC,
27.699 -1650) before,any impacts authorized, in this - certification occur. After it is approved and
submitted �to the Division, the SMP may not be modified' without prior written, authorization
from'the -Town of Apex: If-the SMP is: modified9 in •the future,,then you shall provide one
Modified SMP with proof of'approval to the DWR 1Nebscape Unit prior to the, commencement
.of-the modifications.
2. Mitigation
You have.agreed °to provide,stream and riparian wetland mitigation by payment into the
Ecosystem !Enh,ancement Program (EEP). A`total of 439 li'nearfeet of stream, m_itigation,and 0:5

The'Preserve at White Oak,
D_ WR# 14= 0087v2
401,APPROVAL
Page 3 of 5
acre of riparian wetland rnitigation i`s,regUired for impacting 426Jinear'feet of stream and 0 ..20
acre•of'riparian wetland ,as a ,result ofthis project.
:since this, project is.goin,g,to be conducted inf two phases) rthe mitigation, pay,ment`,is,also going,
tobe phased'. Phase 1 invo Ives, paymentfor,304 tin, ear° feet, of, streamsi�nitigationsand ,0.25',acre
of�riparian wetland mitigation. Phase 2 involves payment -for 135 linear feet of stream
mitigation and 0.25,acre of riparian wetland m "itigatiom.
Until, EEP receives and clears your checks; impacts specified in this 401 Water Quality
Certification shall not occur: You have until `March`31;,2015.to make the payment for impacts
for•,Phase 1,of this project. 'In addition, payment for mitigation for Phases 1 a "nd ;2 of this
project must be made before any impacts occur, -. This Authorization Certificate authorizes,
payment into EEP,to meet.the,following compensatory mitigation requirement:
Mitigation
Type of Impact
Compensatory Mitigation
River and Sub -
Provider
basin Number
EEP
Wetland
0 5 (acre)
Cape
Fear /03030002
EEP
Stream,
439,(lineae feet)
Cape
Fear /03030002
3. No Waste; Spoil,,Soli'ds, or Fill.of Any Kind
No waste, spoil, solids, or fill of any kind shall.occur in wetlands, waters, 'or ripar,ian,areas
beyond the footprint,of the impacts.depicted in the Pre- Construction,,Notification. All
construction activities, including the design, installation; operation; ,'and maintenance of
sedimerA,and erosion control Best Management Practices, shall be performed so that no
violations of state water quality standard's, statutes; or "rules occur.
4. Protective Fenting
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)`fot theareas that,ha,ve been approved to
infeiin`ge within the buffer, wetland or water, priorto any land disturbing activities to ensure
compliance,with 15 NCAC 02H .0500.
5: This approval is forth&purpose,and design described in yourapplication. The plans and
specifi`cations.for this project are incorporated by reference as part oftheCertification: If you
,change your project, yo•u must notify'the'Divisiion and you may be required to subrnit'a new,
application,package with, the appropriate fee. Ifthe property,is sold, the new owner mustibe
�given,a copy•of this approval letter and General Certification and. is responsible. for complying
with all conditions.,

The Preserve at WhiteDak
DWR# 14= 0087v2
401APPROVAL
Page>4 of 5
6,. Thiss approval and',its conditions -,are finaland, binding un,'less contested.
This Certification can be contested as,provided in Articles 3 and,4 of General Statute 1506 by filing
a written petition ,for.an administrative hearing,tothe Office >of;Admi'nistrative Hearings ('hereby
known as OAH). A petition,form,may be obtained from the OAH at htt0--//www.hc-qah.com/,or by
'calling the.OAH Clerk =s Office at (919) 481,-8000 for'information.
Within thirty (30),calendar days of receipt of this notice, a, petition must be'filed with the OAH. A
petition is considered filed wliewth-e original, and one (,l) 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 (919) 431 -3100, provided the,origi`nal and one „copyrof the
petition along with any'applicable OAH filing fee is received by the OAH with. i-n five (5) business
days-follbwing the faxed`transmission.
Mailing address for "the, OAH-.-,
If sending by First Class Mail
via the US Postal Service:
Office of•Adm'inistrative,H,earings,
6714 Mail, Service Center
Raleigh; NC'27699 -6714
If sending via'delivery service
(e.g. UPS „FedEx)'-
Office:of Administrative H'earings�
1711 New'Hope Church Road
-Raleigh,, NC- 27609 -6285
One (1) copy of the petition must,also be served to DENR:
Lacy Presnell, General ciunse[
Department of Environment and "Natural Resources
1601 Mail Service Center
Raleigh; NC 2,7699 =51601
Please send one (1) copy ofthe petition'to DWR:
If sending by First'Class Mail
via the U. Postal Service.
,Karen Higgins
'NC DENR'- DWR — Webscape'U,nit
165'&Mail Service Center
Raleigh, NC'27699 -1650
If sending via. deliveryAervice
(e.g. UPS, FedEx):
Karen Higgins
NC DENR =DWR — Webscape Unit
512 -.'N. Salisbury Street -
Raleigh,, NC 27604

The_' Preserve at'White Oak'
DWR# 14 `0087V2
401 APPROVAL"
Page 5.of 5'
This, letter completes the, tevieW of the, Division, under section 401�ofthe'Clean Water Act. Please,
contact,Cherri'Smith at -919- 791 -4251 or cherri.s- mith @nedene.gov if you have any questions or
concerns.
Si - rely,
Danny S'mit
Supervisor,, Water Quality Regional Operations Section
Enclosure: 3890
cc: U.S. Army Corps of Engineers;,'Ral'eigh Regulatory Field Office; 333,1 Heritage Trade
Driye;-St. 105; Wake�Forest, NC27597
Phil' May,; Carolina'EcosysteMs Inc,.; 3040 "NC Hwy 42 West; Clayton, NG 27520
D,WR R�RO 401 `Files