20140994 Ver 1_Approval Letter_20141003

NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
October 3, 2014
Highwoods Realty Limited Partnership
Attn: Thomas Hill
3100 Smoketree Ct., Ste. 600
Raleigh, NC 27604
John E. Skvarla, III
Secretary
DWR # 14 -0994
Wake County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
AUTHORIZATION CERTIFICATE PER THE NEUSE RIVER BASIN RIPARIAN BUFFER
PROTECTION RULES (15A NCAC 02B.0233) WITH ADDITIONAL CONDITIONS
Creeks at Weston
Dear Mr. Hill:
You have our approval for the impacts listed below for the purpose described in your application
dated September 17, 2014 and received by the Division of Water Resources (Division) on
September 19, 2014. These impacts are covered by the attached Water Quality General
Certification Number 3890 and the conditions listed below. 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.
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, General Permit and /or Buffer Rules are met. No other impacts
are approved, including incidental impacts.
North e Carol
atural
North Carolina Division of Water Resources 1628 Mail Service Center Raleigh, NC 27699 -1628 Phone [phone] Customer Service
Internet: www.ncwaterquality.org Location: 3800 Barrett Drive Raleigh, NC 27609 Fax [phone]
An Equal Opportunity /Affirmative Action Employer — 50% Recycled /10% Post Consumer Paper

Creeks at Weston
DWR# 14 -0994
401 AND BUFFER APPROVAL
Page 2 of S
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Stream
115 (linear feet)
29 (linear feet)
Impact Area 1
Stream
124 (linear feet)
17 (linear feet)
Impact Area 3
Buffers —Zone 1
7,723 (square feet)
0 (square feet)
Impact Area 1
Buffers —Zone 2
3,101 (square feet)
0 (square feet)
Impact Area 1
Buffers —Zone 1
1,880 (square feet)
0 (square feet)
Impact Area 2
Buffers — Zone 2
1,463 (square feet)
0 (square feet)
Impact Area 2
Buffers —Zone 1
8,283 (square feet)
0 (square feet)
Impact Area 3
Buffers — Zone 2
4,505 (square feet)
0 (square feet)
Impact Area 3
Buffers —Zone 1
1,713 (square feet)
0 (square feet)
Impact Area 4
Buffers — Zone 2
1,744 (square feet)
0 (square feet)
Impact Area 4
2. Stormwater Management Plan (SMP) Approval from Local Communitv Require
You are required to provide one copy (hard copy or digital) of the approved SMP, including
plan details on full -sized plan sheets, with proof of the Town of Cary's approval. The approved
SMP shall be submitted to the DWR 401 & Buffer Permitting Unit (1617 Mail Service Center,
Raleigh, NC 27699 -1617) 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 Cary. If the SMP is modified in the future, then you shall
provide one modified SMP with proof of approval to the DWR Webscape Unit prior to the
commencement of the modifications.
3. Diffuse Flow
All stormwater shall be directed and maintained as diffuse flow at non - erosive velocities
through the protected stream buffers such that it will not re- concentrate before discharging
into a stream.

Creeks at Weston
DWR# 14 -0994
401 AND BUFFER APPROVAL
Page 3 of 5
4. Mitigation
You have agreed to provide stream mitigation by payment into Restoration Systems' Pancho
Stream & Wetland Mitigation Bank. A total of 410 linear feet of stream mitigation is required
for impacting 239 linear feet of stream as a result of this project. Until Restoration Systems
receives and clears your check, impacts specified in this 401 Water Quality Certification shall
not occur. You have 60 days from the date of this approval to make this payment. Payment
into Restoration Systems will be made to meet the following compensatory mitigation
requirement:
Mitigation
Type of
Compensatory Mitigation
River and Sub -
Provider
Impact
basin Number
Restoration
Stream
410 (linear feet)
Neuse /03020201
Systems
5. No Waste, Spoil, Solids. or Fill of Anv Kind
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. 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.
6. Protective Fencing
The outside buffer, wetland or water boundary and along the construction corridor within
these boundaries approved under this authorization shall be clearly marked with orange
warning fencing (or similar high visibility material) for the areas that have been approved to
infringe within the buffer, wetland or water prior to any land disturbing activities to ensure
compliance with 15 NCAC 02H .0500.
7. 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.
8. This approval and its conditions are final and binding unless contested.
This Certification and Buffer Authorization can be contested as provided in Articles 3 and 4 of
General Statute 150B by filing a written petition for an administrative hearing to the Office of
Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH
at http: / /www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431 -3000 for information.

Creeks at Weston
DWR# 14 -0994
401 AND BUFFER APPROVAL
Page 4 of 5
Within thirty (30) calendar days of receipt of this notice, a petition must be filed with the OAH. 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 (919) 431 -3100, 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
One (1) copy of the petition must also be served to DENR:
Lacy Presnell, General Counsel
Department of Environment and Natural Resources
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:
Karen Higgins
NC DENR -DWR — 401 & Buffer
Permitting Unit
1617 Mail Service Center
Raleigh, NC 27699 -1617
If sending via delivery service
(e.g. UPS, FedEx):
Karen Higgins
NC DENR -DWR — 401 & Buffer
Permitting Unit
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 .0233 . Please contact Cherri Smith at
919 - 791 -4251 or cherri.smith @ncdenr.gov if you have any questions or concerns.

Creeks at Weston
D W R# 14 -0994
401 AND BUFFER APPROVAL
Page 5 of 5
Sin r ,
,V
Danny Smith
Supervisor, Water Quality Regional Operations Section
Enclosure: GC 3890
cc: U.S. Army Corps of Engineers; Raleigh Regulatory Field Office; 3331 Heritage Trade Drive,
Ste. 105; Wake Forest, NC 27597
Jeremy Medlin; M/I Homes of Raleigh; 1500 Sunday Dr., Ste. 113; Raleigh, NC 27607
George Buchholz; The John R. McAdams Company; 2905 Meridian Parkway; Durham,
NC 27713
DWR RRO 401 Files