20220980 Ver 2_ePCN Application_20221118

DWR
Division of Water Resources
Initial Review
Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
April 13, 2022 Ver 4.3
Has this project met the requirements for acceptance in to the review process?*
Yes
No
Is this project a public transportation project?*
Yes No
Change only if needed.
Pre -Filing Meeting Date Request was submitted on:
10/18/2022
BIMS # Assigned* Version#*
20220980 2
Is a payment required for this project?*
No payment required
Fee received
Fee needed - send electronic notification
Reviewing Office*
Raleigh Regional Office - [phone]
Information for Initial Review
la. Name of project:
Buckhorn Creek Phase 2
la. Who is the Primary Contact?*
Sean Clark
What amout is owed?*
$240.00
$570.00
Select Project Reviewer*
Zachary Thomas:eads\ztthomas
1 b. Primary Contact Email:* lc. Primary Contact Phone:*
[e-mail] [phone]
Date Submitted
11/18/2022
Nearest Body of Water
Buckhorn Creek
Basin
Cape Fear
Water Classification
C
Site Coordinates
Latitude: Longitude:
35.5941 -78.8743
A. Processing Information
County (or Counties) where the project is located:
Wake
Is this a NCDMS Project
Yes No
Is this project a public transportation project? *
Yes No

la. Type(s) of approval sought from the Corps:
Section 404 Permit (wetlands, streams and waters, Clean Water Act)
Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
Has this PCN previously been submitted?*
Yes
No
Please provide the date of the previous submission.*
7/18/2022
1 b. What type(s) of permit(s) do you wish to seek authorization?
Nationwide Permit (NWP)
Regional General Permit (RGP)
Standard (IP)
lc. Has the NWP or GP number been verified by the Corps?
Yes No
Nationwide Permit (NWP) Number: 29 - Residential Developments
NWP Numbers (for multiple NWPS):
ld. Type(s) of approval sought from the DWR:
401 Water Quality Certification - Regular
Non-404 Jurisdictional General Permit
Individual 401 Water Quality Certification
le. Is this notification solely for the record because written approval is not required?
For the record only for DWR 401 Certification:
For the record only for Corps Permit:
If. Is this an after -the -fact permit application?*
Yes No
lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
1 h. Is the project located in any of NC's twenty coastal counties?
Yes No
1j. Is the project located in a designated trout watershed?
Yes No
B. Applicant Information
Id. Who is applying for the permit?
Owner Applicant (other than owner)
le. Is there an Agent/Consultant for this project?*
Yes No
2. Owner Information
2a. Name(s) on recorded deed:
Margaret Hall Floyd
2b. Deed book and page no.:
DB000261 /DP00-E
2c. Contact Person:
401 Water Quality Certification - Express
Riparian Buffer Authorization
Yes No
Yes No

2d. Address
Street Address
2677 Averon Dr
Address Line 2
City State / Province / Region
Fuquay Varina NC
Postal / Zip Code Country
27526 USA
2e. Telephone Number: 2f. Fax Number:
[phone]
2g. Email Address: *
[e-mail]
3. Applicant Information (if different from owner)
3a. Name:
Sanford Bailey
3b. Business Name:
3c. Address
Street Address
2721 Oxford Bluff Drive
Address Line 2
City
Wake Forest
Postal / Zip Code
275878
3d. Telephone Number:
[phone]
3f. Email Address: *
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Nicole Thomson
4b. Business Name:
Sage Ecological Services, Inc.
4c. Address
Street Address
3707 Swift Drive
Address Line 2
City
Raleigh
Postal / Zip Code
27606
4d. Telephone Number:
[phone]
4f. Email Address:*
[e-mail]
C. Project Information and Prior Project History
State / Province / Region
NC
Country
USAC
3e. Fax Number:
State / Province / Region
NC
Country
USA
4e. Fax Number:
1. Project Information
1 b. Subdivision name:
(if appropriate)
Buckhorn Creek Phase 2
lc. Nearest municipality / town:
Holly Springs
2. Project Identification

2a. Property Identification Number:
0637712692
2b. Property size:
63
2c. Project Address
Street Address
7226 Buckhorn Duncan Rd.
Address Line 2
City
Holly Springs
Postal / Zip Code
27540
3. Surface Waters
3a. Name of the nearest body of water to proposed project: *
Buckhorn Creek
3b. Water Resources Classification of nearest receiving water: *
C
3c. What river basin(s) is your project located in?*
Cape Fear
3d. Please provide the 12-digit HUC in which the project is located.
030300040103
4. Project Description and History
State / Province / Region
NC
Country
USA
4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:*
The Site consists primarily of young pine forest with an extensive network of dirt roadways. Hardwood trees dominate the drainages and the perimeter of the Site. The Site was logged
between 2014 and 2015 per historic aerial imagery. The topography of the Site ranges from a low point of +/- 290 feet above mean sea level (msl) along the southern boundary of the Site,
to a high point of +/- 380 feet msl in the northeastern boundary of the Site. The surrounding landscape is a mix of undisturbed forest, scattered residential areas and a quarry north of the
Site.
A permit application for the project was submitted on July 18, 2022. Two road crossings were proposed resulting in 0.160 ac. of permanent wetland fill, 148 linear feet of permanent stream
impact due to culverts, 64 linear feet of no loss permanent stream impact due to countersunk rip rap pads and 40 linear feet of temporary stream impact due to dewatering activities.
NCDWR authorized the project on 9/16/2022 (DWR No. 20220980) and the USAGE authorized the project on 11/2/2022 (SAW-2022-01482). One of the proposed road crossings (Impact
No. 1) was within the 100-year FEMA floodplain which the municipality ultimately denied. The project engineers have redesigned the Site entrance, shifting it further south away from the
floodplain. Proposed stream impacts remain the same and will still require mitigation; proposed permanent wetland impacts have been reduced to 0.057 ac. (2,504 sq. ft.). Therefore,
wetland mitigation is no longer required. A revised DMS acceptance letter for compensatory mitigation for the proposed permanent stream impacts has been included in this application.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?*
Yes No Unknown
If yes, please give the DWR Certification number or the Corps Action ID (exp. SAW-0000-00000).
SAW-2022-01482 & DWR # 20220980 (attached)
4f. List the total estimated acreage of all existing wetlands on the property:
2.32
4g. List the total estimated linear feet of all existing streams on the property:
5,464
4h. Explain the purpose of the proposed project: *
The purpose of the proposed project is to construct a residential development to help meet the housing need in the area.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The project is the construction of a residential subdivision with necessary internal roads and utilities. There are two proposed road crossings of streams to access the useable upland
portions of the property. Streams are not crossed multiple times by roads. The remaining jurisdictional resources on the Site are avoided. Utilities for the proposed project will connect to
existing utility lines adjacent to the Site. Heavy equipment typically used for residential construction (e.g. backhoes, bulldozers, etc.) will be utilized.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes No
Comments:
5b. If the Corps made a jurisdictional determination, what type of determination was made?*
Preliminary Approved Not Verified Unknown N/A
Corps AID Number:
SAW-2022-01482
5c. If 5a is yes, who delineated the jurisdictional areas?
Unknown
Name (if known): David Gainey, Max Gainey, Phil Beach, PWS

Agency/Consultant Company: Sage Ecological Services, Inc.
Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
USACE JD 11/2/2022
6. Future Project Plans
6a. Is this a phased project?*
Yes No
6b. If yes, explain.
Phase 1 of the subdivision occurred on the east side of Buckhorn Duncan Road, directly across from the proposed Phase 2 portion of the development. There were no impacts associated
with Phase 1; all jurisdictional resources were avoided.
Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity?
No
D. Proposed Impacts Inventory
1. Impacts Summary
la. Where are the impacts associated with your project? (check all that apply):
Wetlands
Open Waters
2. Wetland Impacts
Streams -tributaries
Pond Construction
Buffers
2a. Site #* (')
2a1 Reason (?)
2b. Impact type* (7)
2c. Type of W.*
2d. W. name
2e. Forested*
2f. Type of Jurisdicition*
(?)
2g. Impact
area*
Impact 1 - Road
Crossing
Road Fill
P
Bottomland Hardwood Forest
WD/WE
Yes
Both
0.057
(acres)
2g. Total Temporary Wetland Impact
0.000
2g. Total Wetland Impact
0.057
2i. Comments:
2g. Total Permanent Wetland Impact
0.057
The entrance road location originally chosen and approved fell within the FEMA 100-year floodplain. The municipality denied the crossing and required
the project engineers to shift the entrance road further south. The project engineers were able to meet the sight distance and intersection spacing
requirements from NCDOT, despite the challenges presented with vertical topo and allowable road geometry.
3. Stream Impacts
3a. Reason for impact (?)
3b.lmpact type*
3c. Type of impact*
3d. S. name*
3e. Stream Type*
(?)
3f. Type of
Jurisdiction*
3g. S. width
3h. Impact
length*
S1
Impact 1 - Road Crossing
Permanent
Culvert
SE
Perennial
Both
15
Average (feet)
60
(linear feet)
S2
Impact 1 - Road Crossing
Permanent
Rip Rap Fill
SE
Perennial
Both
15
Average (feet)
32
(linear feet)
S3
Impact 1 - Road Crossing
Temporary
Dewatering
SE
Perennial
Both
15
Average (feet)
20
(linear feet)
S4
Impact 2 - Road Crossing
Permanent
Culvert
SB
Perennial
Both
6
Average (feet)
88
(linear feet)
S5
Impact 2 - Road Crossing
Permanent
Rip Rap Fill
SB
Perennial
Both
6
Average (feet)
32
(linear feet)
S6
Impact 2 - Road Crossing
Temporary
Dewatering
SB
Perennial
Both
6
Average (feet)
20
(linear feet)
31. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts:
212
3i. Total stream and ditch impacts:
252
3i. Total temporary stream impacts:
40

3j. Comments:
While permanent stream impacts are less than 150LF, the acreage of permanent loss to the channels is 0.03 acres. The rip rap dissipator pads at both
crossings will be countersunk below the stream bed; this is considered permanent impact but not permanent loss. The proposed temporary impacts are
associated with the impervious dikes and bypass pumping operations to install the culverts "in the dry." Channel dewatering will be concurrent with the
culvert installation.
E. Impact Justification and Mitigation
1. Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
There are nine (9) wetlands and four (4) streams on the subject property. Two of the streams bisect the Site. Two road crossings are proposed to access
the useable upland portions of the property. Streams are not crossed multiple times by roads. The road location was selected using several variables.
The entrance along Buckhorn Duncan Road had to meet separation and sight distance requirements from NCDOT. The municipality ultimately denied
the preferred alternative entrance location; therefore, the project engineers shifted the road to the south, despite the challenges presented by the vertical
topo and allowable road geometry. They were able to meet NCDOT requirements, satisfy the municipality comments and limit impacts to other parts of
the stream as the stream meanders. All other jurisdictional features on the Site have been avoided. Lots were positioned to avoid additional fill and/or
impact to streams. Construction fencing will be used to define the construction corridor and prevent any accidental additional impacts. Silt fencing will be
installed to provide additional protection from stormwater runoff.
lb. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
General techniques include the use of construction fencing to define the construction corridor and prevent any accidental additional impacts. Silt fencing
and sediment basins will also be used to prevent sediment runoff into stream.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State?
Yes No
2c. If yes, mitigation is required by (check all that apply):
DWR Corps
2d. If yes, which mitigation option(s) will be used for this project?
Mitigation bank Payment to in -lieu fee program Permittee Responsible Mitigation
4. Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
Yes No
4b. Stream mitigation requested:
(linear feet)
148
4c. If using stream mitigation, what is the stream temperature:
warm
4d. Buffer mitigation requested (DWR only): 4e. Riparian wetland mitigation requested:
(square feet) (acres)
4f. Non -riparian wetland mitigation requested: 4g. Coastal (tidal) wetland mitigation requested:
(acres) (acres)
4h. Comments
Permanent stream impact amounts have not changed from the original submittal, only the location. Compensatory mitigation for the permanent loss of
stream channel is still required. Permanent wetland impacts were reduced to 0.057 acres and therefore, no compensatory mitigation will be required.
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
1. Diffuse Flow Plan
la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
Yes No
If no, explain why:
The project is in Holly Springs, below Jordan Lake, and drains to the Cape Fear River where there are currently no state protected riparian buffer requirements.
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? *
Yes No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?
Yes No
2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater program?
Yes No
N/A - project disturbs < 1 acre
3. Stormwater Requirements

3a. Select whether a completed stormwater management plan (SMP) is included for review and approval or if calculations are provided to document the project will not cause degradation of
downstream surface waters.*
Stormwater Management Plan Antidegradation Calculations
Comments:
The Site falls under the jurisdiction of Wake County for stormwater review and approval. The applicant requests a conditional approval until the stormwater review is completed.
G. Supplementary Information
1. Environmental Documentation
la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?*
Yes No
2. Violations (DWR Requirement)
2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or
Riparian Buffer Rules (15A NCAC 2B .0200)?*
Yes No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality?*
Yes No
3b. If you answered "no," provide a short narrative description.
Per the NC DWQ April 2004 Version 2.1 Cumulative Impacts policy, small scale residential development projects have a "low potential for cumulative
impact" since the project already in a developed landscape (i.e. existing residences and development in the vicinity) and the area already contains the
necessary infrastructure (i.e. electricity, etc.). The project drains to Buckhorn Creek, which is Class C Waters, (i.e. not HQW or ORW). We anticipate the
NCDWR will advise us if a qualitative or quantitative analysis is needed.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
Yes No N/A
4b. Describe, in detail, the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated at a
treatment plant, list the capacity available at that plant.
The project will connect to municipal sewer.
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or habitat?*
Yes No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?*
Yes No
5d. Is another Federal agency involved?*
Yes
5e. Is this a DOT project located within Division's 1-8?
Yes No
No Unknown
5f. Will you cut any trees in order to conduct the work in waters of the U.S.?
Yes No
5g. Does this project involve bridge maintenance or removal?
Yes No
5h. Does this project involve the construction/installation of a wind turbine(s)?*
Yes No
5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.?
Yes No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
No federally threatened or endangered species are listed to occur within 1 mile of the Project according to the NC Natural Heritage Program (NHP)
Database (see attached report dated December 17, 2021).
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
Yes No

6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat? *
The proposed project is in Wake County which is not near any coastal or tidal habitat which would support EFH (i.e., salt marshes, oyster reefs, etc.).
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?*
Yes No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?*
The Site is not listed as a historic property or within a historic district. No historic structures were found on the Site. Three historic sites are located within
1-mile of the Site. One property is listed as "Surveyed Area (SA)," one property is listed as "SO -Gone," and one property is listed as "Study List (SL)."
The Burt Farm (WA 05338) is a "Study List" property that abuts the southern boundary of the Site along Buckhorn Duncan Road. Figure 4 provides a
graphical representation and description of these properties in relation to the Site.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?*
Yes No
8b. If yes, explain how project meets FEMA requirements:
No permanent fills or impacts will occur in the FEMA floodplain.
8c. What source(s) did you use to make the floodplain determination?*
FEMA online FIRM maps Panel No. 3720062600K, effective 2/2/2007
Miscellaneous
Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one file when
possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred.
Click the upload button or drag and drop files here to attach document
Buckhorn Creek Ph 2 (Ver 2) PCN Supplmental Information.pdf 6.26MB
File must be PDF or KMZ
Comments
Pre -construction Notification (PCN) Application Form
Agent Authorization Form
Figure 1-USGS Site Vicinity Map
Figure 2-Soil Survey Site Vicinity Map
Figure 3 — Buckhorn Creek Stream & Wetland Sketch Map
Figure 3 — Buckhorn Creek Entrance Addition Stream & Wetland Sketch Map
Figure 4 — NCSHPO Map
NCNHP Database Report
USACE SAW-2022-01482 PJD processing email
USAGE SAW-2022-01482 NWP 14 & NWP 29 Verification (dated 11/2/2022)
DWR Project No. 20220980 Individual Permit 401 Water Quality Certification (dated 9/16/2022)
REVISED Impact Maps
REVISED NCDMS Mitigation Acceptance Letter
Notice of Intent to File Permit Application email
Signature
By checking the box and signing below, I certify that:
• The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief'; and
• The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time.
• I have given true, accurate, and complete information on this form;
I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND
I intend to electronically sign and submit the PCN form.
Full Name:
Nicole J. Thomson
Signature
flegc'. ]XPMiPR
Date
11/18/2022

SAGE
ECOLOGICAL
SERVICES
E S T. 2016
November 18, 2022
US Army Corps of Engineers
Raleigh Regulatory Office
Attn: Mr. Lyle Phillips
3331 Heritage Trade Dr., Ste. 105
Wake Forest, NC 27587
Re: Buckhorn Creek Phase 2 Subdivision
Request for NWP 29 and GC 4256 Authorization (Version 2)
Sage Project #2021.167
USACE SAW-2022-01482
NCDWR Project No. 20220980
NC Division of Water Resources
401 & Buffer Permitting Unit
512 N. Salisbury St., Archdale Bldg. 9' Fir
Raleigh, NC 27604
On behalf of Sanford Bailey (applicant), please find attached a complete REVISED application and supplemental
information requesting written concurrence from the US Army Corps of Engineers (USACE) that the activities
associated with the proposed development of the Buckhorn Creek Phase 2 subdivision (Project) may proceed
under Nationwide Permit (NWP) 29 and General Certification 4256 (GC 4256).
Protect Purpose and Location
The Project includes the construction of a residential subdivision. The +/-68.85-acre tract is located at the west
side of Buckhorn Duncan Road adjacent to its intersection with Summit Creek Drive in Holly Springs, Wake
County. The coordinates of 35.5949°N, 78.8747°W generally correspond to the center of the Site.
Project Detail
The proposed Project consists of the construction of a residential development with associated utilities and roads.
Homes will be on municipal sewer and will tie into existing public water systems.
Access to the Site will be provided via Buckhorn Duncan Road to the east. Heavy equipment typically used for
utility installation projects (e.g., backhoes, bulldozers, etc.) will be utilized.
No federally threatened or endangered species are listed to occur on the Site according to the NC Natural
Heritage Program (NCNHP) Database. (see attached report dated December 17, 2021).
The Site itself is not listed as a historic property or within a historic district. The Burt Farm (WA 05338) is a "Study
List" property that abuts the southern boundary of the Site along Buckhorn Duncan Road. There are two
additional properties listed within 1.0 mile of the Site.
Project History
The Site is comprised of a single parcel totaling 68.85 acres. The Site consists primarily of young pine forest with
an extensive network of dirt roadways. Hardwood trees dominate the drainages and the perimeter of the Site.
The Site was logged between 2014 and 2015 per historic aerial imagery. There are 4 streams and 9 riparian
wetlands on the Site. Residential and agricultural properties exist around the Site. A permit application for the
project was submitted on July 18, 2022. Two road crossings were proposed resulting in 0.160 ac. of permanent
wetland fill, 148 linear feet of permanent stream impact due to culverts, 64 linear feet of no loss permanent stream
impact due to countersunk rip rap pads and 40 linear feet of temporary stream impact due to dewatering activities.
NCDWR authorized the project on 9/16/2022 (DWR No. 20220980) and the USACE authorized the project on
11/2/2022 (SAVV-2022-01482). One of the proposed road crossings (Impact No. 1) was within the 100-year
FEMA floodplain which the municipality ultimately denied. The project engineers have redesigned the Site
Buckhorn Creek Phase 2 (Version 2) Page 1 of 2

entrance, shifting it further south away from the floodplain. Proposed stream impacts remain the same and will
still require mitigation; proposed permanent wetland impacts have been reduced to 0.057 ac. (2,504 sq. ft.).
Therefore, wetland mitigation is no longer required. A revised DMS acceptance letter for compensatory mitigation
for the proposed permanent stream impacts has been included in this application.
Avoidance and Minimization
There are nine (9) wetlands and four (4) streams on the subject property. Two of the streams bisect the Site.
Two road crossings are proposed to access the useable upland portions of the property. Streams are not crossed
multiple times by roads. The road location was selected using several variables. The entrance along Buckhorn
Duncan Road had to meet separation and sight distance requirements from NCDOT. The municipality ultimately
denied the preferred alternative entrance location; therefore, the project engineers shifted the road to the south,
despite the challenges presented by the vertical topo and allowable road geometry. They were able to meet
NCDOT requirements, satisfy the municipality comments and limit impacts to other parts of the stream as the
stream meanders. All other jurisdictional features on the Site have been avoided. Lots were positioned to avoid
additional fill and/or impact to streams. Construction fencing will be used to define the construction corridor and
prevent any accidental additional impacts. Silt fencing will be installed to provide additional protection from
stormwater runoff.
Project Impacts
Impact 1 Culvert 1 is a proposed road crossing and will result in 0.057 acre of permanent wetland impact, 60
linear feet of permanent stream impact, 32 linear feet of countersunk riprap dissipator pad (permanent impact,
but not permanent loss) and 20 linear feet of temporary impact to accommodate impervious dikes for the
temporary bypass pumping operation during culvert installation. Impact 2 Culvert 2 is also a proposed road
crossing and will result in 88 linear feet of permanent stream impact, 32 linear feet of countersunk riprap dissipator
pad (permanent impact, but not permanent loss) and 20 linear feet of temporary impact to accommodate
impervious dikes for the temporary bypass pumping operation during culvert installation.
Mitigation
Permanent wetland impacts total 0.057 acres, therefore, compensatory mitigation for wetlands is not required.
Total permanent stream impacts total 0.033 acre, which will require compensatory mitigation. Mitigation is being
provided by NC Division of Mitigation Services (NCDMS) (see attached revised acceptance letter).
If you have any questions, please call me at [phone].
Respectfully submitted:
Sage Ecological Services, Inc.
/,WR4 3
Nicole J. Thomson, PWS
Sage Ecological Services, Inc.
Attachments:
Pre -construction Notification (PCN) Application Form
Agent Authorization Form
Figure 1-USGS Site Vicinity Map
Figure 2-Soil Survey Site Vicinity Map
Figure 3 — Buckhorn Creek Stream & Wetland Sketch Map
Figure 3 — Buckhorn Creek Entrance Addition Stream & Wetland Sketch Map
Figure 4 — NCSHPO Map
NCNHP Database Report
USACE SAW-2022-01482 PJD processing email
USACE SAW-2022-01482 Tear Sheet Verification
DWR 401 Authorization DWR Project No. 20220980
Impact Maps
NCDMS Revised Mitigation Acceptance Letter
Notice of Intent to File Permit Application email
Buckhorn Creek Phase 2 (Version 2) Page 2 of 2

SAGE
ECOLOGICAL
SERVICES
EST. 2016
AGENT AUTHORIZATION FORM
All Blanks to Be Filled in By the Applicant or Legal Representative
Name: 5 c-t) 4')
Address: i1 ,l bi 7-.1D rP
tAl 14-XX1{ Jib ,G. A 7 c7
Phone; L f 41 - /7
Email: S C5e/7. SkV tr12(7-1--,j 141 � r,
Project Name/Description: Buckhorn Creek
Sage Project # 2021.167
Date:
The Department of the Army
U.S. Army Corps of Engineers, Wilmington District
P.D. Box 1890
Wilmington, NC 28402
NC Division of Water Resources
3800 Barrett Drive
Raleigh, NC 27609
Attn: Attn:
Field Office: Regional Office:
Re: Wetlands and Streams Related Consulting and Permitting
To Whom It May Concern:
1, the undersigned, the owner or a duly authorized representative of record of the property/properties identified
herein, do authorize representatives of the U.S. Army Corps of Engineers (Corps) and North Carolina Division of
Water Resources (NCDWR) to enter upon the property herein described for the purpose of conducting on -site
investigations and issuing a determination associated with Waters of the U.S. subject to Federal jurisdiction under
Sections 401 and 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. I also hereby
designate and authorize Sage Ecological Services to act on 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.
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 Sage staff. Please contact Sage to arrange a meeting
prior to visiting the site.
BY: 4 4NOo 1 BY:
Print Name of Landowner
Signaturf Landowner +r
Legal Representative Legal Representative

Map Location
USGS Topographic Map
Buckhorn Creek Property
Sage Project # 2021.167
Fuquay-Varina, NC Quadrangle
December 2019 USGS Topography
December 13, 2021
0 1,000 2,000
Feet
Figure 1
ECOLOGICAL
SERVICES
Sage Ecological Services, Inc.
Office: 919-335-6757
Cell: 919-559-1537

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Map Location
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NRCS Soil Survey Map
Buckhorn Creek Property
Sage Project # 2021.167
Wake County Soil Survey, 1970
Soil Sheet 96
December 13, 2021
0 650 1,300
Feet
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Figure 2
ECOLOGICAL
SERVICES
Ark3.010
Sage Ecological Services, Inc.
Office: 919-335-6757
Cell: 919-559-1537

All Features must be confirmed by
the NC-DWR and the USACE.
en.
8:SE
Area Not Evaluated
Pa
in It -fat Point
wde28
Legend
wde29
wde30
wde31
Project Study Area
Intermittent Stream - Jurisdictional Waters of the US; Subject to 50-Foot Wake County
Riparian Buffers
Perennial Stream - Jurisdictional Waters of the US; Subject to 50-Foot Wake County Riparian
Buffers
Wetlands - Jurisdictional Waters of the US
Map Location
Wetland Sketch Map
Buckhorn Creek Entrance AdditionProject
Sage Project # 2021.167
March 28, 2022
0 25 50
CI Feet
NOTE: Location, shape and size of
depicted features on the evaluated
site are approximate and should be
surveyed by a licensed NC
surveyor for final site planning.
wde33
wde34
wde35
wde37
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WDEO
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Figure 3
Drawn By:
David Gainey
Sage Ecological Services, Inc.
Office: 919-335-6757
Cell: 919-559-1537

All Features must be confirmed by
the NC-DWR and the USACE.
Intermittent Stream - Jurisdictional Waters of the US; Subject to 50-Foot Wake County
Riparian Buffers
Perennial Stream - Jurisdictional Waters of the US; Subject to 50-Foot Wake County Riparian
Buffers
IPM Wetlands - Jurisdictional Waters of the US
Map Location
Wetland Sketch Map
Buckhorn Creek Property
Sage Project # 2021.167
December 17, 2021
0 150 300
CIFeet
NOTE: Location, shape and size of
depicted features on the evaluated
site are approximate and should be
surveyed by a licensed NC
Figure 3
Drawn By:
David Gainey
Sage Ecological Services, Inc.
Office: 919-335-6757
Cell: 919-559-1537

NCSHPO Data Download: 1/3/2021
http://www.ncdcr.gov
Project Study Area
1-Mile Project Buffer
NCSHPO Status
Study List individual entry
Surveyed, Gone
Surveyed Area center point
Study List Boundary
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NCSHPO Map
Buckhorn Creek Property
Sage Project # 2021.167
Prepared by: K. Hamlin
January 4, 2021
Figure 4
SAGE
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Lee
Harnett
Johnston
0 1,000 2,000
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Sage Ecological Services, Inc.
Office: 919-335-6757
Cell: 919-559-1537

PM
MIL. NC DEPARTMENT OF
"i ■
ammo. NATURAL AND CULTURAL RESOURCES
■i •••
December 17, 2021
Kim Hamlin
Sage Ecological Services, Inc.
3707 Swift Drive
Raleigh, NC 27606
RE: Phase 2 of Buckhorn Creek; 2021.167
Dear Kim Hamlin:
Roy Cooper, Governor
D. Reid Wilson, Secretary
Misty Buchanan
Deputy Director, Natural Heritage Program
NCNHDE-16604
The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide
information about natural heritage resources for the project referenced above.
Based on the project area mapped with your request, a query of the NCNHP database indicates that
there are no records for rare species, important natural communities, natural areas, and/or
conservation/managed areas within the proposed project boundary. Please note that although there
may be no documentation of natural heritage elements within the project boundary, it does not
imply or confirm their absence; the area may not have been surveyed. The results of this query
should not be substituted for field surveys where suitable habitat exists. In the event that rare
species are found within the project area, please contact the NCNHP so that we may update our
records.
The attached `Potential Occurrences' table summarizes rare species and natural communities that
have been documented within a one -mile radius of the property boundary. The proximity of these
records suggests that these natural heritage elements may potentially be present in the project area
if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile
radius of the project area, if any, are also included in this report.
If a Federally -listed species is found within the project area or is indicated within a one -mile radius of
the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for
guidance. Contact information for USFWS offices in North Carolina is found here:
https://www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37.
Please note that natural heritage element data are maintained for the purposes of conservation
planning, project review, and scientific research, and are not intended for use as the primary criteria
for regulatory decisions. Information provided by the NCNHP database may not be published
without prior written notification to the NCNHP, and the NCNHP must be credited as an information
source in these publications. Maps of NCNHP data may not be redistributed without permission.
The NC Natural Heritage Program may follow this letter with additional correspondence if a
Dedicated Nature Preserve, Registered Heritage Area, Land and Water Fund easement, or Federally -
listed species are documented near the project area.
If you have questions regarding the information provided in this letter or need additional assistance,
please contact Rodney A. Butler at rodney.butler@a ncdcr.gov or 919-707-8603.
Sincerely,
NC Natural Heritage Program
DEPARTMENT OF NATURAL AND CULTURAL RESOURCES
121 W. JONES STREET, RALEIGH_ r'C 2760.3 • 16S1 MAIL SERVICE CENTER. RALEIGH. NC 276-39
cgt OFC J19.7079120 • FAK 919.707.9121I

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Documented Within a One
JHP, Q3 October 2021.
ncnhde.natureserve.or
ct initiation as new information

NCNHDE-16604: Phase 2 of Buckhorn Creek
Project Boundary
Buffered Project Boundary
Managed Area (MAREA)

From: RaleighNCREG
To: David Gainey
Cc: Phillips, George L CIV USARMY CESAW (USA)
Subject: SAW-2022-01482 (7226 Buckhorn-Duncan Road / Holly Spring / Wake County)
Date: Wednesday, July 6, 2022 2:07:05 PM
Good Afternoon,
Your JD request has been received, assigned action ID SAW-2022-01482 and forwarded to Lyle
Phillips for further processing.
Please refer to the action ID in all correspondence.
Thank you,
Josephine Schaffer
From: David Gainey <[e-mail]>
Sent: Tuesday, July 5, 2022 1:08 PM
To: RaleighNCREG <[e-mail]>
Subject: [Non-DoD Source] Buckhorn Creek PJD Submittal
Please see the attached PJD request for the Buckhorn Creek project located in Holly Springs, NC.
Thanks, David Gainey
David Gainey
Sage Ecological Services, Inc.
Cell: 919.771.9136
DGainey©a SageEcological.com

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2022-01482 County: Wake U.S.G.S. Quad: NC-Fuquay-Varina
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: Sanford Bailey
Address: 2721 Oxford Bluff Drive
Wake Forest, North Carolina 27587
Size (acres) -63 acres Nearest Town Holly Sprints
Nearest Waterway Buckhorn Creek River Basin Cape Fear
USGS HUC 03030004 Coordinates Latitude: 35.594493
Longitude: -78.874051
Location description: The project site is located west of Buckhorn Duncan Road and south of Cass Holt Road in Fuquay-
Varina, Wake County, North Carolina.
Description of projects area and activity: This verification authorizes the permanent discharge of fill material within 0.16 acres
of wetlands, the permanent discharge of fill material within 148 linear feet (0.03 acres) of stream channel, the permanent
dischar2e of fill material resulting in no loss of waters within 64 linear feet of stream channel and the temporary dischar2e of
dredged material within 40 linear feet of stream channel. The proposed activities resulting in an above 2rade dischar2e of fill
material within the 100 year floodplain are verified under Nationwide Permit (NWP) 14.
Applicable Law(s): © Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: NWP 29. Residential Developments and NWP 14. Linear Transportation Projects
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 attached
Conditions, your application signed and dated 7/18/2022, and the enclosed plans. 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 and/or regional general permit
authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide and/or regional general
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 and/or regional general 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 and/or regional general permit, will remain authorized provided the activity is completed within twelve months of the
date of the nationwide and/or regional general 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 permittee 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 George Lyle Phillips III at [phone]or [e-mail].
Corps Regulatory Official: e'Urje- 1 Phitti iir Date: 11/2/2022
Expiration Date of Verification: 3/14/2026

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.army.mil/cmapex/f?p=136:4:0
Copy fumished: Colleen Cohn / NCDEQ-DWR / 3800 Barrett Drive, Raleigh, NC 27609
Kelly Williams / NCDEQ-DMS / 217 West Jones Street, Raleigh, NC 27699
Kimberly Isenhour / USACE / 3331 Heritage Trade Drive, Suite 105, Wake Forest, NC 27587

SAW-2022-01482
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 form, are hereby
incorporated as special conditions of this permit authorization.

Action ID Number: SAW-2022-01482
Permittee: Sanford Bailey
Project Name: Buckhorn Creek Phase 2
Date Verification Issued: 11/2/2022
Project Manager: George Lyle Phillips III
County: Wake
Upon completion of the activity authorized by this permit and any mitigation required by the permit,
sign this certification and return it to the following address:
US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Attn: George Lyle Phillips III
Raleigh Regulatory Office
U.S Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
or
[e-mail]
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. Failure to comply with any terms or conditions of this authorization may
result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I
administrative penalty, or initiating other appropriate legal action.
I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and condition of the said permit, and required mitigation was completed in
accordance with the permit conditions.
Signature of Permittee Date

U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Compensatory Mitigation Responsibility Transfer Form
Permittee: Sanford Bailey Action ID: SAW-2022-01482
Project Name: Buckhorn Creek Phase 2 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 Wilmington District 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 verifies that the mitigation requirements (credits) shown below have been released
and are available at the identified site. By signing below, the Sponsor is accepting full responsibility for the identified
mitigation, regardless of whether 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 ledger to the Permittee, the Project
Manager who issued the permit, the Bank Project Manager, and the 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: 03030004, Cape Fear River Basin
Stream Impacts (linear feet)
Wetland Impacts (acres)
Warm
Cool
Cold
Riparian Riverine
Riparian Non-Riverine
Non -Riparian
Coastal
148
0.16
*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: 03030004, Cape Fear River Basin
Stream Mitigation (credits)
Wetland Mitigation (credits)
Warm
Cool
Cold
Riparian Riverine
Riparian Non-Riverine
Non -Riparian
Coastal
296
0.32
Mitigation Site Debited: NCDMS
(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 Wilmington
District, 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.
Mitigation Sponsor Name:
Name of Sponsor's Authorized Representative:
Signature of Sponsor's Authorized Representative Date of Signature
Page 1 of 2
Form Version 10 June 2020 updated

CESAW-RG (File Number, SAW-2022-01482)
Conditions for Transfer of Compensatory Mitigation Credit:
• Once this document has been signed by the Mitigation Sponsor and the District 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 District 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. When NCDMS provides mitigation 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 NCDMS must be provided to the District
within 30 days of permit issuance. NCDOT remains fully responsible for the mitigation until the District 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 District
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 District, the Sponsor must obtain case -by -case approval from the District 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 District administrative records for both the permit
and the Bank/ILF Instrument.
Comments/Additional Conditions: A letter from NCDMS, confirming they are willing and able to accept the applicant's
compensatory mitigation responsibility, dated 7/1/2022 was included with the preconstruction notification.
This form is not valid unless signed below by the District 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
District Project Manager at the address below, 3) the Bank Manager listed in RIBITS, and 4) the Wilmington District
Mitigation Office, 3331 Heritage Trade Drive, Suite 105, Wake Forest, NC 27587 (or by email to SAWMIT@usace. army.mil).
Questions regarding this form or any of the permit conditions may be directed to the District Mitigation Office.
USACE Project Manager:
USACE Field Office:
Email:
George Lyle Phillips III
Raleigh Regulatory Office
US Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
[e-mail]
5e9e- Lyle- ?hii- 1(1
11/2/2022
USACE Project Manager Signature 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.

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NOTE:
ALL UTILITIES TO
RIGHT OF WAY
IMPACT AREA #1
AND
EA °
IMPACT 1 — CHANNEL
IMPACT 2 — RIP —RAP DISSIPATER
IMPACT 3 — TEMPORARY IMPACT
WETLAND AREA
60 LF 1 BEND
32 LF,1 BEND
20 LF
+ +
WETLAND IMPACT AREA FOR ROADWAY 6,891 SF
STREAM
BUCKHORN CREEK PH2
W� oovxrr NORIII c�ROUN�
IMPACT MAP #1
PREPARED FOR:
SANFORD BAILEY
8900 BUD SMITH ROAD
WAKE FOREST, N.C. 27587
DATE : 05-12-2022
sp STEWART PROCTOR
Design Consultants
319 Chapanoke Rood
Raleigh, North Carolina 27603
Phone [phone] Fax [phone]
PROJECT ENGINEER:
MIKE L. STEWART
GRAPHIC SCALE
( IN FEET )
1 inch = 50 ft.
PROJECT CADD DESIGNER:
JOHN A. TEEL
NC DWQ MAPS:
AREA IMPACT MAP
PROJECT SURVEYOR:
PROJECT SURVEYOR
FIGURE#:1

20' DRAINAG
E�. i ►T
a�.
:.4.41,,,t0#0,
dew
2 4,0,,* ♦ .
*too\
NOTE:
ALL U IL ES 0 W HIN
RIGHT OF WAY
IMPACT AREA #2
IMPACT 1 — CHANNEL
IMPACT 2 — RIP —RAP DISSIPATER
IMPACT 3 — TEMPORARY IMPACT
88 LF 2 BEND
32 LF,1 BEND
20 LF
WETLAND AREA
STREAM
BUCKHORN CREEK PH2
W� wvxrr NOKrx CAROUNA
IMPACT MAP#2
PREPARED FOR:
SANFORD BAILEY
8900 BUD SMITH ROAD
WAKE FOREST, N.C. 27587
DATE : 05-12-2022
sp STEWART PROCTOR
Design Consultants
319 Chapanoke Rood
Raleigh, North Carolina 27603
Phone [phone] Fax [phone]
PROJECT ENGINEER:
MIKE L. STEWART
GRAPHIC SCALE
50' 0 25' 50
( IN FEET )
1 inch = 50 ft.
PROJECT CADD DESIGNER:
JOHN A. TEEL
NC DWQ MAPS:
AREA IMPACT MAP
PROJECT SURVEYOR:
PROJECT SURVEYOR
FIGURE#:2

DocuSign Envelope ID: OAE6B8AE-12A8-4F19-ACC1-143725B8728E
ROY COOPER
Governor
ELIZABETH 5. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
September 16, 2022
NORTH CAROLINA
Environmental Quality
DWR # 20220980
Wake County
Sanford Bailey
2721 Oxford Bluff Drive
Wake Forest, NC 27587
Subject: Approval of Individua1 401 Water Quality Certification
Buckhorn Creek Phase 2
USACE Action ID. No. SAW- 2022-01482
Dear Sanford Bailey:
Attached hereto is a copy of Certification No. 5168 issued to Sanford Bailey, dated September 16, 2022.
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 Water Quality 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)].
This Water Quality Certification does not relieve the permittee of the responsibility to obtain all other
required Federal, State, or Local approvals before proceeding with the project, including those required
by, but not limited to, Sediment and Erosion Control, Non -Discharge, Water Supply Watershed, and
Trout Buffer regulations.
This Water Quality Certification neither grants nor affirms any property right, license, or privilege in any
lands or waters, or any right of use in any waters. This Water Quality Certification does not authorize any
person to interfere with the riparian rights, littoral rights, or water use rights of any other person and does
not create any prescriptive right or any right of priority regarding any usage of water. This Water Quality
Certification shall not be interposed as a defense in any action respecting the determination of riparian or
littoral rights or other rights to water use. No consumptive user is deemed by virtue of this Water Quality
Certification to possess any prescriptive or other right of priority with respect to any other consumptive
user.
Upon the presentation of proper credentials, the Division may inspect the property.
This Water Quality Certification shall expire on the same day as the expiration date of the corresponding
Section 404 Permit. The conditions shall remain in effect for the life of the project, regardless of the
expiration date of this Water Quality Certification.
Non-compliance with or violation of the conditions herein set forth may result in revocation of this Water
Quality Certification for the project and may also result in criminal and/or civil penalties.
If you are unable to comply with any of the conditions of this Water Quality 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.
.DE
NORTH CAROLINA
Department of Enwmnmenfel Dual
North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609
919.791.4200

DocuSign Envelope ID: OAE6B8AE-12A8-4F19-ACC1-143725B8728E
Buckhorn Creek Phase 2
DWR# 20220980
Individual Certification #WQC005168
Page 2 of 14
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
Depaitnient of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
If the party filing the Petition is not the permittee, then the party must also serve the recipient of the
Authorization Certificate in accordance with N.C.G.S 150B-23(a).
This letter completes the Division's review under section 401 of the Clean Water Act and 15A NCAC
02H .0500. Please contact Colleen Cohn at 919-791-4258 or [e-mail] if you have any
questions or concerns.
Sincerely,
—DocuSigned by:
S c R Auts€ tn,
`— BCDA9D825D4A46D...
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
cc: Sean Clark, Sage Ecological Services (via email)
Lyle Phillips, USACE Raleigh Regulatory Field Office (via email)
Gabriela Garrison, NC Wildlife Resources Commission (via email)
DWR 401 & Buffer Permitting Branch Electronic file
Nikki Thomson, Sage Ecological Services (via email)
D E
NORTH CAROLINA
Deportment M FnWmnmen:iI ecallty\
North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609
919.791.4200

DocuSign Envelope ID: OAE6B8AE-12A8-4F19-ACC1-143725B8728E
Buckhorn Creek Phase 2
DWR# 20220980
Individual Certification #WQC005168
Page 3 of 14
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #5168 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 02B .0200, to Sanford Bailey , who has authorization for the impacts listed below, as
described within your application received by the N.C. Division of Water Resources (Division) on July
18, 2022, and payment received July 20, 2022, with additional information received on August 31, 2022,
and September 16, 2022.
The State of North Carolina certifies that this activity will comply with water quality requirements
and the applicable portions of Sections 301, 302, 303, 306, 307 of the Public Laws 92-500 and PL
95-217 if conducted in accordance with the application, the supporting documentation, and
conditions hereinafter set forth.
The following 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
404/401 Wetlands:
W1: Road Crossing/Fill
0.160 (acres)
0 (acres)
404/401 Streams:
S 1: Road Crossing — Culvert
60 (linear feet)
0 (linear feet)
S2: Road Crossing — Rip Rap
32 (linear feet)
0 (linear feet)
S3: Road Crossing — Dewatering
0 (linear feet)
20 (linear feet)
S4: Road Crossing — Culvert
88 (linear feet)
0 (linear feet)
S5: Road Crossing — Rip Rap
32 (linear feet)
0 (linear feet)
S6: Road Crossing — Dewatering
0 (linear feet)
20 (linear feet)
This approval requires you to follow the conditions listed in the certification below:
CONDITIONS OF CERTIFICATION [15A NCAC 02H .0507(c)]:
1) Compensatory Mitigation Using the Division of Mitigation Services (DMS):
Mitigation must be provided for the proposed impacts as specified in the table below. The Division has
received an acceptance letter from the NC Division of Mitigation Services (DMS) to meet this mitigation
requirement. Until the DMS 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 the DMS to meet the following compensatory
mitigation requirement [15A NCAC 02H .0506(c)]:
Compensatory Mitigation Required
River & Sub -basin Number
Wetlands
0.160 (acres)
Cape Fear: 03030004
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
D_E QNORTH CAROLINA
Department of EnWronmen:al Ou elitx
North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609
919.791.4200

DocuSign Envelope ID: OAE6B8AE-12A8-4F19-ACC1-143725B8728E
Buckhorn Creek Phase 2
DWR# 20220980
Individual Certification #WQC005168
Page 4 of 14
state water quality standards (including designated uses, numeric criteria, narrative criteria and the
state antidegradation policy), the project must provide for replacement of existing uses through
compensatory mitigation.
2) Erosion and Sediment Control:
Appropriate measures should be installed prior to any land clearing activities to protect wetlands, streams,
and/or buffers from turbidity and/ or sedimentation. These measures should be routinely inspected and
properly maintained, and excavated materials should be contained outside wetland, stream, and/or buffer
boundaries. Excessive silt and sediment loads can have numerous detrimental effects on aquatic resources
including destruction of spawning habitat, suffocation of eggs, and clogging of gills of aquatic species.
Citation: 15A NCAC 02H.0506 (b)(1) and (2)
Justification: Surface water quality standards require that conditions of waters be suitable for all best
uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and
maintenance of biological integrity, wildlife, secondary contact recreation, agriculture); and that
activities must not cause water pollution that precludes any best use on a short-term or long-term basis.
3) Stormwater Management Plan:
The Permittee shall secure an approved stormwater management plan (SMP) from Wake County before
any impacts authorized in this certification occur.
Citation: 15A NCAC 02H.0506; 15A NCAC 02H.0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all best
uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and
maintenance of biological integrity; wildlife; secondary contact recreation; agriculture); and that
activities must not cause water pollution that precludes any best use on a short-term or long-term basis.
4) If this Water Quality Certification is used to access residential, commercial or industrial building sites,
then all parcels owned by the permittee that are part of the single and complete project authorized by this
Certification must be buildable without additional impacts to streams or wetlands.
Citation: 15A NCAC 02H.0502(a);15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c)
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 Division must evaluate if the activity has avoided and minimized
impacts to waters, would cause or contribute to a violation of standards or would result in secondary or
cumulative impacts
5) For road construction purposes, this Certification shall only be utilized from natural high ground to
natural high ground.
Citation: 15A NCAC 02H.0502(a);15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c)
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 Division must evaluate if the activity has avoided and minimized
impacts to waters, would cause or contribute to a violation of standards or would result in secondary or
cumulative impacts.
D E
NORTH CAROLINA
Deportment M Fnwronnien:al ecallty\
North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609
919.791.4200

DocuSign Envelope ID: OAE6B8AE-12A8-4F19-ACC1-143725B8728E
Buckhorn Creek Phase 2
DWR# 20220980
Individual Certification #WQC005168
Page 5 of 14
6) Deed notifications or similar mechanisms shall be placed on all lots/parcels with retained jurisdictional
wetlands, waters, and state regulated riparian buffers within the project boundaries in order to assure
compliance with NC Water Quality Certification Rules (15A NCAC 02H .0500), NC Isolated Wetland
Rules (15A NCAC 02H .1300), and/or State Regulated Riparian Buffer Rules (15A NCAC 02B .0200).
These mechanisms shall be put in place at the time of recording of the property or individual parcels,
whichever is appropriate.
Citation: 15A NCAC 02H . 0502(a);1 5A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
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 Division must evaluate if the activity has avoided and minimized
impacts to waters, would cause or contribute to a violation of standards or would result in secondary or
cumulative impacts.
7) For all dam removal projects meeting the definition under G.S. 143-215.25 and requirements under G.S.
143-215.27 of a professionally supervised dam removal, the applicant shall provide documentation that
any sediment that may be released has similar or lower level of contamination than sediment sampled
from downstream of the dam in accordance with Session Law 2017-145.
Citation: 15A NCAC 02H.0502; 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c); 15A
NCACO2B .0200; S.L. 2017-145
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 Division must evaluate if the activity has avoided and minimized
impacts to waters, would cause or contribute to a violation of standards or would result in secondary or
cumulative impacts.
8) If this Water Quality Certification is used for utility related impacts, then the following Activity Specific
Conditions shall apply to those impacts.
a) All sewer lines shall be designed, constructed and maintained in accordance with Title 15A NCAC
Chapter 02T, applicable Minimum Design Criteria (MDC), and/or Alternative Design Criteria.
Citation: 15A NCAC 02H . 0506(b); 15A NCAC 02H . 0507(c)
Justification: The referenced Minimum Design criteria and 02T rules were adopted to ensure that
conditions of waters be suitable for all best uses provided for in state rule
(including, at minimum: aquatic life propagation, survival, and maintenance of biological integrity;
wildlife: secondary contact recreation: agriculture); and that activities must not cause water
pollution that precludes any best use on a short-term or long-term basis.
b) Any utility construction corridor that is parallel to a stream or open water shall not be closer than 10
feet to the top of bank or ordinary high-water mark.
Citation: 15A NCAC 02H . 0506(b); 15A NCAC 02H . 0507(c)
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 Division must evaluate if the activity has avoided
D_E,„))
NORTH CAROLINA
Deportment of Enolronmen:al Ou elitx
North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609
919.791.4200

DocuSign Envelope ID: OAE6B8AE-12A8-4F19-ACC1-143725B8728E
Buckhorn Creek Phase 2
DWR# 20220980
Individual Certification #WQC005168
Page 6 of 14
and minimized impacts to waters, would cause or contribute to a violation of standards or would
result in secondary or cumulative impacts.
c) Where there are temporary or permanent impacts from stream crossings, utility lines shall cross the
stream channel at a near -perpendicular direction (i.e., between 75 degrees and 105 degrees to the
stream bank).
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c)
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 Division must evaluate if the activity has avoided
and minimized impacts to waters, would cause or contribute to a violation of standards or would
result in secondary or cumulative impacts.
d) Construction corridors in wetlands and/or across stream channels shall be minimized to the maximum
extent practicable and shall not exceed 40 feet wide for utility lines.
For construction corridors in wetlands and across stream channels, stumps shall be grubbed only as
needed to install the utility and remaining stumps shall be cut off at grade level. The general stripping
of topsoil within wetlands along the construction corridor is prohibited.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c)
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 Division must evaluate if the activity has avoided
and minimized impacts to waters, would cause or contribute to a violation of standards or would
result in secondary or cumulative impacts.
e) Permanent maintained access corridors in wetlands and across stream channels shall be restricted to
the minimum width practicable and shall not exceed 30 feet wide except at manhole locations.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c)
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 Division must evaluate if the activity has avoided
and minimized impacts to waters, would cause or contribute to a violation of standards or would
result in secondary or cumulative impacts.
f) For all utility lines constructed within wetlands, an anti -seep collar shall be placed at the downstream
(utility line gradient) wetland boundary and every 150 feet up the gradient until the utility exits the
wetland. Anti -seep collars may be constructed with class B concrete, compacted clay, PVC pipe, or
metal collars. Wetland crossings that are directionally drilled, and perpendicular wetland crossings
that are open cut and less than 150 feet long do not require anti -seep collars. The compacted clay
shall have a specific infiltration of 1 X 10-5 cm/sec or less. See Water Quality General Certification
No. 4256 for a section and plan view diagram for the anti -seep collars.
The following specifications shall apply to class B concrete:
i) Minimum cement content, sacks per cubic yard with rounded coarse aggregate 5.0
D E
NORTH CAROLINA
Deportment M Fnwronnien:al ecallty\
North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609
919.791.4200

DocuSign Envelope ID: OAE6B8AE-12A8-4F19-ACC1-143725B8728E
g)
Buckhorn Creek Phase 2
DWR# 20220980
Individual Certification #WQC005168
Page 7 of 14
ii) Minimum cement content, sacks per cubic yard with angular coarse aggregate 5.5
iii) Maximum water -cement ratio gallons per sack 6.8
iv) Slump range 2" to 4"
v) Minimum strength - 28-day psi 2,500
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c)
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 Division must evaluate if the activity has avoided
and minimized impacts to waters, would cause or contribute to a violation of standards or would
result in secondary or cumulative impacts.
The permittee shall have a specific plan for restoring wetland contours to pre -construction conditions.
Any excess material will be removed to a high ground disposal area.
The mixing of topsoil and subsoils within the wetlands along utility corridors shall be minimized to
the greatest extent practical. During excavation, the soils shall be placed on fabric to minimize
impacts whenever possible. Topsoil excavated from utility trenches will be piled separately from
subsoils and will be backfilled into the trench only after the subsoils have been placed and compacted.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c)
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 Division must evaluate if the activity has avoided
and minimized impacts to waters, would cause or contribute to a violation of standards or would
result in secondary or cumulative impacts.
9) The permittee shall report to the DWR 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.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c)
Justification: Timely reporting of non-compliance is important in identifying and minimizing detrimental
impacts to water quality and avoiding impacts due to water pollution that precludes any best use on a short-
term or long-term basis.
10) No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the footprint of the
approved impacts (including temporary impacts).
Citation: 15A NCAC 02H.0506; 15A NCAC 02H.0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all best
uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and
maintenance of biological integrity; wildlife; secondary contact recreation; agriculture); and that
activities must not cause water pollution that precludes any best use on a short-term or long-term basis.
11) All activities shall be in compliance with any applicable State Regulated Riparian Buffer Rules in Chapter
2B of Title 15A in the North Carolina Administrative Code.
D E
NORTH CAROLINA
Deportment M Fnwronnien:al ecallty\
North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609
919.791.4200

DocuSign Envelope ID: OAE6B8AE-12A8-4F19-ACC1-143725B8728E
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c)
Buckhorn Creek Phase 2
DWR# 20220980
Individual Certification #WQC005168
Page 8 of 14
Justification: The referenced Riparian Buffer rules were adopted to address water quality impairments
and further protect existing uses.
12) When applicable, all construction activities shall be performed and maintained in full compliance with
G.S. Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973). Regardless of applicability of
the Sediment and Pollution Control Act, all projects shall incorporate appropriate Best Management
Practices for the control of sediment and erosion so that no violations of state water quality standards,
statutes, or rules occur.
Design, installation, operation, and maintenance of all sediment and erosion control measures shall be
equal to or exceed the requirements specified in the most recent version of the North Carolina Sediment
and Erosion Control Manual, or for linear transportation projects, the North Caroline Department of
Transportation Sediment and Erosion Control Manual.
All devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) sites,
including contractor -owned or leased borrow pits associated with the project. Sufficient materials
required for stabilization and/or repair of erosion control measures and stormwater routing and treatment
shall be on site at all times.
For borrow pit sites, the erosion and sediment control measures shall be designed, installed, operated, and
maintained in accordance with the most recent version of the North Carolina Surface Mining Manual.
Reclamation measures and implementation shall comply with the reclamation in accordance with the
requirements of the Sedimentation Pollution Control Act and the Mining Act of 1971.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c); 15A NCACO2B .0200; 15A NCAC
02B .0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the water
quality to protect such uses, are protected. Activities must not cause water pollution that precludes any
best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious
substances, or colored or other wastes: only such amounts as shall not render the waters injurious to
public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability of
fish, aesthetic quality, or impair the waters for any designated uses; and (21) turbidity in the receiving
water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated as trout waters
and 10 NTU in streams, lakes, or reservoirs designated as trout waters; for lakes and reservoirs not
designated as trout waters, the turbidity shall not exceed 25 NTU; if turbidity exceeds these levels due to
natural background conditions, the existing turbidity level shall not be increased. As cited in Wetland
Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may
cause adverse impacts on existing wetland uses; and (3) Materials producing color or odor shall not be
present in amounts that may cause adverse impacts on existing wetland uses.
13) Sediment and erosion control measures shall not be installed in wetland or waters except within the
footprint of temporary or permanent impacts otherwise authorized by this Certification. If placed within
authorized impact areas, then placement of such measures shall not be conducted in a manner that results
in dis-equilibrium of any wetlands, streambeds, or streambanks. Any silt fence installed within wetlands
shall be removed from wetlands and the natural grade restored within two (2) months of the date that
DEMLR or locally delegated program has released the specific area within the project to ensure wetland
standards are maintained upon completion of the project.
Citation: 1SA NCAC 02H.0506(b); 1SA NCAC 02H.0507(c); 1SA NCAC 02B .0200; 1SA NCAC 02B
.0231
D E
NORTH CAROLINA
Deportment M Fnwronnien:al ecallty\
North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609
919.791.4200

DocuSign Envelope ID: OAE6B8AE-12A8-4F19-ACC1-143725B8728E
Buckhorn Creek Phase 2
DWR# 20220980
Individual Certification #WQC005168
Page 9 of 14
Justification: A project that affects waters shall not be permitted unless the existing uses, and the water
quality to protect such uses, are protected. Activities must not cause water pollution that precludes any
best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious
substances, or colored or other wastes: only such amounts as shall not render the waters injurious to
public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability of
fish, aesthetic quality, or impair the waters for any designated uses; and (21) turbidity in the receiving
water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated as trout waters
and 10 NTU in streams, lakes, or reservoirs designated as trout waters; for lakes and reservoirs not
designated as trout waters, the turbidity shall not exceed 25 NTU; if turbidity exceeds these levels due to
natural background conditions, the existing turbidity level shall not be increased. As cited in Wetland
Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may
cause adverse impacts on existing wetland uses; and (3) Materials producing color or odor shall not be
present in amounts that may cause adverse impacts on existing wetland uses.
14) Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used along
streambanks or within wetlands.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c)
Justification: A project that affects waters shall not be permitted unless the existing uses (including
aquatic life propagation and biological integrity), and the water quality to protect such uses, are
protected. Protections are necessary to ensure any remaining surface waters or wetlands, and any
surface waters or wetlands downstream, continue to support existing uses during and after project
completion. The Division must evaluate if the activity has avoided and minimized impacts to waters,
would cause or contribute to a violation of standards, or would result in secondary or cumulative
impacts.
15) If the project is covered by NPDES Construction Stormwater Permit Number NCG010000 or NPDES
Construction Stormwater Permit Number NCG250000, full compliance with permit conditions including
the erosion & sedimentation control plan, inspections and maintenance, self -monitoring, record keeping
and reporting requirements is required.
Citation: 15A NCAC 02H . 0506(b); 15A NCAC 02H . 0507(c); 15A NCAC 02B .0200; 15A NCAC
02B .0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the water
quality to protect such uses, are protected. Activities must not cause water pollution that precludes any
best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious
substances, or colored or other wastes: only such amounts as shall not render the waters injurious to
public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability of
fish, aesthetic quality, or impair the waters for any designated uses; and (21) turbidity in the receiving
water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated as trout waters
and 10 NTU in streams, lakes, or reservoirs designated as trout waters; for lakes and reservoirs not
designated as trout waters, the turbidity shall not exceed 25 NTU; if turbidity exceeds these levels due to
natural background conditions, the existing turbidity level shall not be increased. As cited in Wetland
Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may
cause adverse impacts on existing wetland uses; and (3) Materials producing color or odor shall not be
present in amounts that may cause adverse impacts on existing wetland uses.
D E
NORTH CAROLINA
Deportment M Fnwronnien:al ecallty\
North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609
919.791.4200

DocuSign Envelope ID: OAE6B8AE-12A8-4F19-ACC1-143725B8728E
Buckhorn Creek Phase 2
DWR# 20220980
Individual Certification #WQC005168
Page 10 of 14
16) All work in or adjacent to streams 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 Department of Transportation Construction and
Maintenance Activities Manual, such as sandbags, rock berms, cofferdams, and other diversion structures
shall be used to minimize excavation in flowing water.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c); 15A NCAC 02B .0200
Justification: Surface water quality standards require that conditions of waters be suitable for all best
uses provided for in state rule, and that activities must not cause water pollution that precludes any best
use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances,
or colored or other wastes: only such amounts as shall not render the waters injurious to public health,
secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability offish, aesthetic
quality, or impair the waters for any designated uses; and (21) turbidity in the receiving water shall not
exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated as trout waters and 10 NTU in
streams, lakes, or reservoirs designated as trout waters; for lakes and reservoirs not designated as trout
waters, the turbidity shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background
conditions, the existing turbidity level shall not be increased.
17) In -stream structures installed to mimic natural channel geomorphology such as cross -vanes, sills, step -
pool structures, etc. shall be designed and installed in such a manner that allow for continued aquatic life
movement.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all best
uses provided for in state rule, and that activities must not cause water pollution that precludes any best
use on a short-term or long-term basis. Ensuring that in -stream structures are installed properly will
ensure that surface water quality standards are met and conditions of waters are suitable for all best
uses.
18) Culverts shall be designed and installed in such a manner that the original stream profiles are not altered
and allow for aquatic life movement during low flows. The dimension, pattern, and profile of the stream
above and below a pipe or culvert shall not be modified by widening the stream channel or by reducing
the depth of the stream in connection with the construction activity. The width, height, and gradient of a
proposed culvert shall be such as to pass the average historical low flow and spring flow without
adversely altering flow velocity. If the width of the culvert is wider than the stream channel, the culvert
shall include multiple boxes/pipes, baffles, benches and/or sills to maintain the natural width of the stream
channel. If multiple culverts/pipes/barrels are used, low flows shall be accommodated in one culvert/pipe
and additional culverts/pipes shall be installed such that they receive only flows above bankfull.
Placement of culverts and other structures in streams shall be below the elevation of the streambed by one
foot for all culverts with a diameter greater than 48 inches, and 20% of the culvert diameter for culverts
having a diameter less than or equal to 48 inches, to allow low flow passage of water and aquatic life. If
the culvert outlet is submerged within a pool or scour hole and designed to provide for aquatic passage,
then culvert burial into the streambed is not required.
For structures less than 72" in diameter/width, and topographic constraints indicate culvert slopes of
greater than 2.5% culvert burial is not required, provided that all alternative options for flattening the
slope have been investigated and aquatic life movement/connectivity has been provided when possible
(e.g. rock ladders, cross -vanes, sills, baffles etc.). Notification, including supporting documentation to
include a location map of the culvert, culvert profile drawings, and slope calculations, shall be provided to
DWR 30 calendar days prior to the installation of the culvert.
D E
NORTH CAROLINA
Deportment M Fnwronnien:al ecallty\
North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609
919.791.4200

DocuSign Envelope ID: OAE6B8AE-12A8-4F19-ACC1-143725B8728E
Buckhorn Creek Phase 2
DWR# 20220980
Individual Certification #WQC005168
Page 11 of 14
When bedrock is present in culvert locations, culvert burial is not required, provided that there is
sufficient documentation of the presence of bedrock. Notification, including supporting documentation
such as a location map of the culvert, geotechnical reports, photographs, etc. shall be provided to DWR a
minimum of 30 calendar days prior to the installation of the culvert. If bedrock is discovered during
construction, then DWR shall be notified by phone or email within 24 hours of discovery.
Installation of culverts in wetlands shall ensure continuity of water movement and be designed to
adequately accommodate high water or flood conditions. When roadways, causeways, or other fill
projects are constructed across FEMA-designated floodways or wetlands, openings such as culverts or
bridges shall 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 or wetlands.
The establishment of native woody vegetation and other soft stream bank stabilization techniques shall be
used where practicable instead of rip -rap or other bank hardening methods.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all best
uses provided for in state rule, and that activities must not cause water pollution that precludes any best
use on a short-term or long-term basis. Ensuring that structures are installed properly in waters will
ensure that surface water quality standards are met and conditions of waters are suitable for all best
uses.
19) Application of fertilizer to establish planted/seeded vegetation within disturbed riparian areas and/or
wetlands shall be conducted at agronomic rates and shall comply with all other Federal, State and Local
regulations. Fertilizer application shall be accomplished in a manner that minimizes the risk of contact
between the fertilizer and surface waters.
Citation: 15A 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCAC 02B .0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the water
quality to protect such uses, are protected. Activities must not cause water pollution that precludes any
best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious
substances, or colored or other wastes: only such amounts as shall not render the waters injurious to
public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability of
fish, aesthetic quality, or impair the waters for any designated uses. As cited in Wetland Standards:
(c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause
adverse impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present
in amounts that may cause adverse impacts on existing wetland uses.
20) If concrete is used during construction, then all necessary measures shall be taken to prevent direct
contact between uncured or curing concrete and waters of the state. Water that inadvertently contacts
uncured concrete shall not be discharged to waters of the state.
Citation: 15A 02H. 0506(b); 15A NCAC 02H.0507(c); 15A NCAC 02B .0200; 15A NCAC 02B .0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the water
quality to protect such uses, are protected. Activities must not cause water pollution that precludes any
best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious
substances, or colored or other wastes: only such amounts as shall not render the waters injurious to
public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability of
fish, aesthetic quality, or impair the waters for any designated uses. As cited in Wetland Standards: (c)(1)
Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse
impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present in
amounts that may cause adverse impacts on existing wetland uses.
D E
NORTH CAROLINA
Deportment M Fnwronnien:al ecallty\
North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609
919.791.4200

DocuSign Envelope ID: OAE6B8AE-12A8-4F19-ACC1-143725B8728E
Buckhorn Creek Phase 2
DWR# 20220980
Individual Certification #WQC005168
Page 12 of 14
21) All proposed and approved temporary fill and culverts shall be removed and the impacted area shall be
returned to natural conditions within 60 calendar days after the temporary impact is no longer necessary.
The impacted areas shall be restored to original grade, including each stream's original cross -sectional
dimensions, planform pattern, and longitudinal bed profile. All temporarily impacted sites shall be
restored and stabilized with native vegetation.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c)
Justification: A project that affects waters shall not be permitted unless the existing uses, and the water
quality to protect such uses, are protected. Protections are necessary to ensure any remaining surface
waters or wetlands, and any surface waters or wetlands downstream, continue to support existing uses
after project completion.
22) All proposed and approved temporary pipes/culverts/rip-rap pads etc. in streams or wetlands shall be
installed as outlined in the most recent edition of the North Carolina Sediment and Erosion Control
Planning and Design Manual or the North Carolina Surface Mining Manual or the North Carolina
Department of Transportation Best Management Practices for Construction and Maintenance Activities
so as not to restrict stream flow or cause dis-equilibrium during use of this Certification.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all best
uses provided for in state rule, and that activities must not cause water pollution that precludes any best
use on a short-term or long-term basis. Ensuring that structures are installed properly in waters will
ensure that surface water quality standards are met and conditions of waters are suitable for all best
uses.
23) Any rip -rap required for proper culvert placement, stream stabilization, or restoration of temporarily
disturbed areas shall be restricted to the area directly impacted by the approved construction activity. All
rip -rap shall be placed such that the original streambed elevation and streambank contours are restored
and maintained and shall consist of clean rock or masonry material free of debris or toxic pollutants.
Placement of rip -rap or other approved materials shall not result in de -stabilization of the stream bed or
banks upstream or downstream of the area or be installed in a manner that precludes aquatic life passage.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all best
uses provided for in state rule, and that activities must not cause water pollution that precludes any best
use on a short-term or long-term basis. The Division must evaluate if the activity has avoided and
minimized impacts to waters, would cause or contribute to a violation of standards, or would result in
secondary or cumulative impacts.
24) Any rip -rap used for stream or shoreline stabilization shall be of a size and density to prevent movement
by wave, current action, or stream flows, and shall consist of clean rock or masonry material free of
debris or toxic pollutants. Rip -rap shall not be installed in the streambed except in specific areas required
for velocity control and to ensure structural integrity of bank stabilization measures.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c); 15A NCAC 02B .0201
Justification: Surface water quality standards require that conditions of waters be suitable for all best
uses provided for in state rule, and that activities must not cause water pollution that precludes any best
use on a short-term or long-term basis. The Division must evaluate if the activity has avoided and
minimized impacts to waters, would cause or contribute to a violation of standards, or would result in
secondary or cumulative impacts.
D_E QJ�
NORTH CAROLINA
Deportment of Enolronmen:al Ou elitx
North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609
919.791.4200

DocuSign Envelope ID: OAE6B8AE-12A8-4F19-ACC1-143725B8728E
Buckhorn Creek Phase 2
DWR# 20220980
Individual Certification #WQC005168
Page 13 of 14
25) All mechanized equipment operated near surface waters shall be inspected and maintained regularly to
prevent contamination of surface waters from fuels, lubricants, hydraulic fluids, or other toxic materials.
Construction shall be staged in order to minimize the exposure of equipment to surface waters to the
maximum extent practicable. Fueling, lubrication, and general equipment maintenance shall be
performed in a manner to prevent, to the maximum extent practicable, contamination of surface waters by
fuels and oils.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c); 15A NCAC 02B .0200; 15A NCAC 02B
.0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the water
quality to protect such uses, are protected. Activities must not cause water pollution that precludes any
best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious
substances, or colored or other wastes: only such amounts as shall not render the waters injurious to
public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability of
fish, aesthetic quality, or impair the waters for any designated uses. As cited in Wetland Standards: (c)(1)
Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse
impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present in
amounts that may cause adverse impacts on existing wetland uses.
26) Heavy equipment working in wetlands shall be placed on mats or other measures shall be taken to
minimize soil disturbance and compaction.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c); 15A NCAC 02B .0231
Justification: Wetland standards require maintenance or enhancement of existing uses of wetlands such
that hydrologic conditions necessary to support natural biological and physical characteristics are
protected; populations of wetland flora and fauna are maintained to protect biological integrity of the
wetland; and materials or substances are not present in amounts that may cause adverse impact on
existing wetland uses.
27) In accordance with 143-215.85(b), the permittee shall report any petroleum spill of 25 gallons or more;
any spill regardless of amount that causes a sheen on surface waters; any petroleum spill regardless of
amount occurring within 100 feet of surface waters; and any petroleum spill less than 25 gallons that
cannot be cleaned up within 24 hours.
Citation: 15A NCAC 02H.0507(c); N.C.G.S 143-215.85(b)
Justification: Person(s) owning or having control over oil or other substances upon notice of discharge
must immediately notify the Department, or any of its agents or employees, of the nature, location, and
time of the discharge and of the measures which are being taken or are proposed to be taken to contain
and remove the discharge. This action is required in order to contain or divert the substances to prevent
entry into the surface waters. Surface water quality standards require that conditions of waters be
suitable for all best uses provided for in state rule (including, at minimum: aquatic life propagation,
survival, and maintenance of biological integrity; wildlife; secondary contact recreation; agriculture);
and that activities must not cause water pollution that precludes any best use on a short-term or long-
term basis.
28) The permittee and their authorized agents shall conduct all activities in a manner consistent with State
water quality standards (including any requirements resulting from compliance with §303(d) of the Clean
Water Act), and any other appropriate requirements of State and Federal Law.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all best
uses provided for in state rule, and that activities must not cause water pollution that precludes any best
D E
NORTH CAROLINA
Deportment M Fnwronnien:al ecallty\
North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609
919.791.4200

DocuSign Envelope ID: OAE6B8AE-12A8-4F19-ACC1-143725B8728E
Buckhorn Creek Phase 2
DWR# 20220980
Individual Certification #WQC005168
Page 14 of 14
use on a short-term or long-term basis. The Division must evaluate if the activity has avoided and
minimized impacts to waters, would cause or contribute to a violation of standards, or would result in
secondary or cumulative impacts.
29) The permittee shall require its contractors and/or agents to comply with the terms and conditions of this
permit in the construction and maintenance of this project, and shall provide each of its contractors and/or
agents associated with the construction or maintenance of this project with a copy of this Water Quality
Certification. A copy of this Water Quality Certification shall be available at the project site during the
construction and maintenance of this project.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c)
Justification: Those actually performing the work should be aware of the requirements of this 401 Water
Quality Certification to minimize water quality impacts.
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. [15A NCAC 02H .0507(c)]
This, the 16th day of September 2022
DocuSigned by:
Scoff kuu,sotA,
\BCDA9D825D4A46D...
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
CMC
WQC005168
D E
NORTH CAROLINA
Deportment M Fnwronnien:al ecallty\
North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609
919.791.4200

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8900 BUD SMITH ROAD
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DATE : 05-12-2022
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Raleigh, North Carolina 27603
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MIKE L. STEWART
GRAPHIC SCALE
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•. 1;

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
MARC RECKTENWALD
Director
Sanford Bailey
2721 Oxford Bluff Drive
Wake Forest, NC 27587
NORTH CAROLINA
Environmental Quality
November 1, 2022
Expiration of Acceptance: 5/1/2023
Project: Buckhorn Creek Phase 2 County: Wake
The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to
accept payment for compensatory mitigation for impacts associated with the above referenced project as
indicated in the table below. Please note that this decision does not assure that participation in the DMS in -
lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts.
It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will
be approved. You must also comply with all other state, federal or local government permits, regulations or
authorizations associated with the proposed activity including G.S. § 143-214.11.
This acceptance is valid for six months from the date of this letter and is not transferable. If we have not
received a copy of the issued 404 Permit/401 Certification within this time frame, this acceptance will
expire. It is the applicant's responsibility to send copies of the permits to DMS. Once DMS receives a copy
of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must
be made prior to conducting the authorized work. The amount of the in -lieu fee to be paid by an applicant is
calculated based upon the Fee Schedule and policies listed on the DMS website.
Based on the information supplied by you in your request to use the DMS, the impacts for which you are
requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation
required and assigned to DMS for this impact is determined by permitting agencies and may exceed the
impact amounts shown below.
River Basin
Impact Location
(8-digit HUC)
Impact Type
Impact Quantity
Cape Fear
03030004
Warm Stream
148
Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The
mitigation will be performed in accordance with the In -Lieu Fee Program instrument dated July 28, 2010.
Thank you for your interest in the DMS in -lieu fee mitigation program. If you have any questions or need
additional information, please contact [e-mail].
cc: Nicole Thomson, agent
M:�n.i �sanni i�fD.E
D!p]NRLIt GiFmSmmmcfI •
Sincerely,
FOR James. B Stanfill
Deputy Director
North Carolina Department of Environmental Quality I Division of Mitigation Services
217 West Jones Street 11652 Mail Service Center I Raleigh. North Carolina 27699-1652
919.707.8976

From: Nikki Thomson
To: 401 PreFile
Cc: Sean Clark
Subject: Notice of Intent to file a permit application; Buckhorn Creek Phase 2, DWR #20220980; SAW-2022-01482
Date: Tuesday, October 18, 2022 1:19:00 AM
This email serves as notification of our intent to file a permit application request for the above
referenced project. This will be a revision submittal due to late stage comments provided by the
county which have required a significant design change.
Thank you
Nikki
Nicole Thomson, PWS
Sage Ecological Services, Inc.
[e-mail]
[phone]