20180052 Ver 3_Kalas Falls ATF_Cover Letter and Attachments_20240220

CAROLINA WETLAND SERVICES, INC.
550 E. Westinghouse Blvd.
Charlotte, NC 28273
704-527-1177 (office)
704-527-1133 (fax)
Date: February 14, 2024
To: Ms. April Norton
U.S. Army Corps of Engineers
Sue Homewood
NCDWR, 401 & Buffer Permitting Unit
Subject: After -the -Fact Pre -Construction Notification Pursuant to Nationwide Permit No. 29
Kalas Falls (SAW-2013-01899)
Wake County, North Carolina
CWS Project No. 2023-0107
Dear Ms. Norton and Ms. Homewood,
The Kalas Falls project is located in Wake County, North Carolina (35.891073,-78.446786). DR Horton has
contracted Carolina Wetland Services, Inc. (CWS) to provide Section 404/401 permitting services for this
project. An executed Agent Authorization Form is attached (Attachment B).
The NWP 29 verification issued on June 1, 2021 (SAW-2013-01899) authorized 0.492 acre of permanent
wetland impacts, 0.006 acre of temporary wetland impacts, and 0.09 acre of temporary open water impacts.
However, based on a site visit conducted by CWS, approximately 0.5 acre of scrub -shrub wetland has been
cleared without authorization (Attachment E). The wetland has already been fenced and the construction
activities within this area have been seized. The disturbed wetland will be replanted.
CWS is submitting an After -the -Fact Pre -Construction Notification pursuant to Nationwide Permit No. 29 to
the U.S. Army Corps of Engineers for proposed impacts to the jurisdictional waters of the U.S. for the
previously unauthorized temporary wetland impacts.
ATTACHMENTS INCLUDED:
DESCRIPTION
Attachment A - Figures 1 and 2
Attachment B - Agent Authorization Form
Attachment C - General Permit Verification and Preliminary Jurisdictional Determination SAW-2013-01899
Attachment D - 401 Water Quality Certification DWR#20210242 and Buffer Authorization
Attachment E - Unauthorized Impacts
Attachment F - Photo a e
Attachment G - Corrective Action Plan
Please do not hesitate to contact Aliisa Harjuniemi at 980-259-1222 or [e-mail] should you have
any questions or comments regarding this request.
Sincerely,
(;)
Megan Bollero, PWS
Project Scientist
Aliisa Harjuniemi, PWS
Senior Project Manager

Kalas Falls
Attachments
February 14, 2024
CWS Project No. 2023-0107
ATTACHMENT A:
Figures 1-2

R, le wdlr
Town Hall
z
-P FPS.:
Lassi
Fowlers
Crossroads
Legend
Project Limits (74 Ac.)
2,000 1,000 0 2,000 Feet
REFERENCE USGS 7.5 MINUTE TOPOGRAPHIC QUADRANGLE: ROLESVILLE, NC (2018). R.
SCALE: DATE: FIGURE NO.
1 inch = 2,000 feet 2/13/2024 USGS Topographic Map
CWS PROJECT NO: DRAWN BY:
2023-0107 MLB Kalas Falls
COORDINATES: CHECKED BY: Cj A R O L I N A Wake County
35.891073,-78.446786 AVH WETLAND SERVICES Rolesville, North Carolina
C:\Users\AliisaH\Desktop\Kalas Falls ATF Permit\USGS Map.mxd

C:\Users\AliisaH\Desktop\Kalas Falls ATF Permit\Aerial Map.mxd

Kalas Falls
Attachments
February 14, 2024
CWS Project No. 2023-0107
ATTACHMENT B:
Agent Authorization Form

U.S. Army Corps of Engineers — Wilmington District - Regulatory Division
AGENT AUTHORIZATION
I. PROJECT/SITE INFORMATION
Site Name: Kalas Falls
Property Identification Number(s): 1767293887
I, the undersigned, Tracev Davis ,hereby authorize Aliisa Hariuniemi , to act on
my behalf in all manners relating to all dealings with the U.S. Army Corps of Engineers regarding the project and
properties listed above, including taking all necessary actions for the application, processing, issuance, and/or
acceptance of a Clean Water Act and/or Rivers and Rivers Act delineations, determinations, and/or permits. Any
and all acts carried out by Aliisa Hariuniemi on my behalf as it relates to this project and properties
shol have the same effect as acts of my own.
2I'Zo 2,
Date
Principal Purpose: The information that you provide will be used in evaluating your request to determine whether there are any aquatic resources within the project area
subject to federal jurisdiction under the regulatory authorities referenced above,
Routine Uses: This information may be shared with the Department of Justice and other federal, state, and local government agencies, and the public, and may be made
available as part of a public notice as required by federal law. Your name and property location where federal jurisdiction is to be determined will be included in the approved
jurisdictional determination (AJD), which will be made available to the public on the District's website and on the Headquarters USACE website.
Disclosure: Submission of requested information is voluntary; however, if information is not provided, the request for a jurisdictional determination cannot be evaluated nor
can a jurisdictional determination be issued.
January 2020

Kalas Falls
Attachments
February 14, 2024
CWS Project No. 2023-0107
ATTACHMENT C:
General Permit Verification and Preliminary Jurisdictional
Determination (SAW-2013-01899)

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2013-01899 County: Wake U.S.G.S. Quad: NC-Rolesville
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee:
Mitchell Mill Road Investors, LLC.
Attn: Tim Smith
Address:
105 Weston Estates Wav
Carv, NC 27513
Telephone Number:
919-481-3000
E-mail:
Tim(dpresondev.com
Size (acres) —72.7 Nearest Town Wake Forest
Nearest Waterway Harris Creek River Basin Neuse
USGS HUC 030202010703 Coordinates Latitude: 35.891073
Longitude:-78.446786
Location description: The proiect area is located at 1600 Rolesville Road in Rolesville, Wake Countv, North Carolina.
Description of projects area and activity: This verification authorizes the permanent discharge of fill material into 0.492 acre of
riparian, non-riverine wetland. This proiect will also require the temporary discharge of fill material into 0.006 acre of
wetland and 0.09 acre of open water. These impacts are necessary to install access and infrastructure, including a road
crossing, lot fill, dam repair and temporary construction access, for the Rogers Farm Subdivision development.
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
SEE ATTACHED NWP GENERAL, REGIONAL, AND/OR SPECIAL CONDITIONS
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the enclosed
Conditions, your application signed and dated 3/9/2021, and the enclosed plans entitled, "Overall Impact Map," "Wetland
Impact Exhibit," "Wetland and Stream Impact Map," and "Plunge Pool Detail" dated 2/1/2021. Any violation of the attached
conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class
I administrative penalty, and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended
or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this
verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified
nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would
no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction)
or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed
within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has
been exercised on a case -by -case basis to modify, suspend or revoke the authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Resources (telephone [phone]) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior
to beginning work you must contact the N.C. Division of Coastal Management Morehead City, NC, at [phone].
This Department of the Army verification does not relieve the 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 April Norton at 919-554-4884 Ext. 57 or April.R.Norton(kusace.arm_y.mil.
Digitally signed by April R. Norton
Corps Regulatory Official: April R. Nort} on Date:2021.06.01 15:25:17-04'00' Date: 06/01/2021
Expiration Date of Verification: 03/15/2026

SAW-2013-01899
Determination of Jurisdiction:
A. ® There are waters including wetlands, on the above described project area that may be subject to Section 404 of the Clean
Water Act (CWA) (33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). This preliminary
determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part
331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further
instruction. Please note, if work is authorized by either a general or nationwide permit, and you wish to request an appeal of an
approved JD, the appeal must be received by the Corps and the appeal process concluded prior to the commencement of any work
in waters of the United States and prior to any work that could alter the hydrology of waters of the United States.
B. ❑ There are Navigable Waters of the United States within the above described project area subject to the permit requirements of
Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA) (33 USC §
1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to
exceed five years from the date of this notification.
C. ❑ There are waters including wetlands, within the above described project area that are subject to the permit requirements of
Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations,
this determination may be relied upon for a period not to exceed five years from the date of this notification.
D. ❑ The jurisdictional areas within the above described project area have been identified under a previous action. Please reference
jurisdictional determination issued N/A. Action ID: N/A.
Basis for Determination: See the preliminary jurisdictional determination form dated 06/01/2021.
Remarks: None.
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site
identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security
Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request
a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work.
F. Appeals Information (This information applies only to approved jurisdiction determinations as indicated in B and C
above).
This correspondence constitutes an approved jurisdiction determination for the above described site. If you object to this
determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a
Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you
must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Phillip Shaman, Review Officer
60 Forsyth Street SW, Room 1OM15
Atlanta, Georgia 30303-8801
Phone: [phone]
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal
under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form, it must be received at the above address by Not applicable.
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.**
Corps Regulatory Official:
Digitally signed by April R. Norton
April R. Norton pate: 2021.06.01 15:26:01-04'00'
April Norton
Date of JD: 06/O1/2021
Expiration Date of JD: Not applicable

SAW-2013-01899
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.anny.mil/cm_apex/Vp=136:4:0
Copy furnished:
Agent: WithersRavenel, Inc.
Attn: Trov Beasley
Address: 219 Station Road, Suite 101
Wilmington, NC 28405
Telephone Number: 910-509-6512
E-mail: tbeaslevnwithersravenel.com

SAW-2013-01899
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-2013-01899 County: Wake
Permittee: Mitchell Mill Road Investors, LLC., Attn: Tim Smith
Project Name: Rogers Farm Subdivision
Date Verification Issued: 06/01/2021
Project Manager: April Norton
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: April Norton
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

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Mitchell Mill Road Investors. LLC., Attn:
File Number: SAW-2013-01899
Date: 06/01/2021
Tim Smith
Attached
is:
See Section below
F-11
INITIAL PROFFERED PERMIT Standard Permit or Letter ofpermission)
A
❑
PROFFERED PERMIT Standard Permit or Letter ofpermission)
B
❑
PERMIT DENIAL
C
❑
APPROVED JURISDICTIONAL DETERMINATION
D
®
PRELIMINARY JURISDICTIONAL DETERMINATION
E
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at or http://www.usace.annv.mil/Missions/CivilWorks/Res4ulatorvPros4ramandPennits.asi)
or the Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request
that the permit be modified accordingly. You must complete Section 11 of this form and return the form to the district
engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will
forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your
objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your
objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After
evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in
Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein,
you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section 11 of
this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days
of the date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new
information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers
Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form
must be received by the division engineer within 60 days of the date of this notice.

E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the
preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed),
by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the
Corps to reevaluate the JD.
SECTION II - REQUEST FOR APPEA CTIONS TO AN INITIA ROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial
proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or
objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the
record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record.
However, you may provide additional information to clarify the location of information that is already in the administrative
record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/or the
If you only have questions regarding the appeal process you may
appeal process you may contact:
also contact:
District Engineer, Wilmington Regulatory Division
Mr. Phillip Shannin, Administrative Appeal Review Officer
Attn: April Norton
CESAD-PDO
Raleigh Regulatory Office
U.S. Army Corps of Engineers, South Atlantic Division
U.S Army Corps of Engineers
60 Forsyth Street, Room 10M15
3331 Heritage Trade Drive, Suite 105
Atlanta, Georgia 30303-8801
Wake Forest, North Carolina 27587
Phone: [phone]
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day
notice of any site investigation, and will have the opportuni to participate in all site investi ations.
Date:
Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: April Norton, 69 Darlington Avenue, Wilmington, North Carolina
28403
For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Phillip Shannin, Administrative
Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801
Phone: [phone]

Compensatory Mitigation Responsibility Transfer Form
Permittee: Mitchell Mill Road Investors, LLC., Attn: Tim -Smith
Project Name: Rogers Farm Subdivision
Action ID: SAW-2013-01899
County: Wake
Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved
Mitigation Bank or the North Carolina Division of Mitigation Services (NCDMS), who will then sign the form to verify the
transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee's responsibility to ensure
that to the U.S. Army Corps of Engineers (USACE) Project Manager identified on page two is in receipt of a signed copy of this
form before conducting authorized impacts, unless otherwise specified below. If more than one mitigation Sponsor will be
used to provide the mitigation associated with the permit, or if the impacts and/or the mitigation will occur in more than one
8-digit Hydrologic Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms for each Sponsor
and/or HUC must be provided to the appropriate mitigation Sponsors.
Instructions to Sponsor: The Sponsor must verify that the mitigation requirements (credits) shown below are available at the
identified site. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of
whether or not they have received payment from the Permittee. Once the form is signed, the Sponsor must update the bank
ledger and provide a copy of the signed form and the updated bank ledger to the Permittee, the USACE Project Manager, and
the Wilmington District Mitigation Office (see contact information on page 2). The Sponsor must also comply with all
reporting requirements established in their authorizing instrument.
Permitted Impacts and Compensatory Mitigation Requirements:
Permitted Impacts Requiring Mitigation* 8-digit HUC and Basin: 03020201, Neuse River Basin
Stream Impacts (linear feet)
Wetland Impacts (acres)
Warm
Cool
Cold
Riparian Riverine
FRiparian Non-Riverine
Non -Riparian
Coastal
0.492
*If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor.
Compensatory Mitigation Requirements: 8-digit HUC and Basin: 03020201, Neuse River Basin
Stream Mitigation (credits)
Wetland Mitigation (credits)
Warm
Cool
Cold
Riparian Riverine
Riparian Non-Riverine
Non -Riparian
Coastal
0.984
Mitigation Site Debited: Falling Creek Stream and Wetland Mitigation Bank: Grantham Branch Mitigation Site
(List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCDMS, list NCDMS. If the NCDMS
acceptance letter identifies a specific site, also list the specific site to be debited).
Section to be completed by the Mitigation Sponsor
Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation
transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for
providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action
ID number shown. I also verify that released credits (and/or advance credits for NCDMS), as approved by the USACE, are
currently available at the mitigation site identified above. Further, I understand that if the Sponsor fails to provide the
required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to
ensure compliance associated with the mitigation requirements.
Mitigation Sponsor Name:
Name of Sponsor's Authorized Representative:
Signature of Sponsor's Authorized Representative Date of Signature

Conditions for Transfer of Compensatory Mitigation Credit:
• Once this document has been signed by the Mitigation Sponsor and the USACE is in receipt of the signed form, the
Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains
responsible for any other mitigation requirements stated in the permit conditions.
• Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only after
the USACE is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has accepted
responsibility for providing the mitigation requirements listed herein. For authorized impacts conducted by the North
Carolina Department of Transportation (NCDOT), construction within jurisdictional areas may proceed upon permit
issuance; however, a copy of this form signed by the Sponsor must be provided to the USACE within 30 days of permit
issuance. NCDOT remains fully responsible for the mitigation until the USACE has received this form, confirming that the
Sponsor has accepted responsibility for providing the mitigation requirements listed herein.
• Signed copies of this document must be retained by the Permittee, Mitigation Sponsor, and in the USACE administrative
records for both the permit and the Bank/ILF Instrument. It is the Permittee's responsibility to ensure that the USACE
Project Manager (address below) is provided with a signed copy of this form.
• If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to
the USACE, the Sponsor must obtain case -by -case approval from the USACE Project Manager and/or North Carolina
Interagency Review Team (NCIRT). If approved, higher mitigation ratios may be applied, as per current District guidance
and a new version of this form must be completed and included in the USACE administrative records for both the permit
and the Bank/ILF Instrument.
Comments/Additional Conditions: A letter from Wildlands Holding, III, LLC. confirming they are willing and able to accept
the applicants compensatory mitigation responsibility, dated 2/25/2021 was included with the preconstruction notification.
This form is not valid unless signed below by the USACE Project Manager and by the Mitigation Sponsor on Page 1. Once
signed, the Sponsor should provide copies of this form along with an updated bank ledger to:1) the Permittee, 2) the USACE
Project Manager at the address below, and 3) the Wilmington District Mitigation Office, Attn: Todd Tugwell, 11405 Falls
of Neuse Road, Wake Forest, NC27587 (email: todd. tugwell@usace. army. mil). Questions regarding this form or any of the
permit conditions may be directed to the USACE Project Manager below.
USACE Project Manager: April Norton
USACE Field Office: Raleigh Regulatory Office
US Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Email: [e-mail]
Digitally signed by April R.
April R. Norton Norton
Date: 20 21.06.01 15:27:20
-04'00'
USACE Project Manager Signature
06/01/2021
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

PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: 06/01/2021
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Mitchell Mill Road Investors, LLC., Attn: Tim Smith,
105 Weston Estates Way, Cary, NC 27513
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Rogers Farm Subdivision, SAW-
2013-01899
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The project area is located at 1600
Rolesville Road in Rolesville, Wake County, North Carolina.
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR
AQUATIC RESOURCES AT DIFFERENT SITES)
State: NC County: Wake City: Wake Forest
Center coordinates of site (lat/long in degree decimal format): Latitude: 35.891073 Longitude:-78.446786
Universal Transverse Mercator: NAD83
Name of nearest waterbody: Harris Creek
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
® Office (Desk) Determination. Date: 6/l/2021
❑ Field Determination. Date(s):
TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY
JURISDICTION.
Estimated amount of
Geographic authority to
Type of aquatic
Latitude (decimal
Longitude (decimal
aquatic resources in
resources (i.e.,
which the aquatic resource
Site Number
review area (acreage
'may be" subject (i.e.,
degrees)
degrees)
wetland vs. non -
and linear feet, if
Section 404 or Section
wetland waters)
applicable
10/404)
Wetland A
35.8905252N
-78.447672 °W
1.36 acres
Wetland
Section 404
Wetland B
35.892768 °N
-78.448615 °W
0.01 acres
Wetland
Section 404
Wetland C
35.893394 °N
-78.449685 °W
0.16 acres
Wetland
Section 404
Wetland D
35.893097 °N
-78.450071 °W
0.002 acres
Wetland
Section 404
Wetland E
35.893284 °N
-78.450529 °W
0.005 acres
Wetland
Section 404
Wetland F
35.893137 °N
-78.451071 °W
0.04 acres
Wetland
Section 404
Wetland G
35.892960 °N
-78.451637 °W
0.004 acres
Wetland
Section 404

Wetland H
35.892797 °N
-78.452247 °W
0.02 acres
Wetland
Section 404
Stream 1
35.892992 °N
-78.451980 °W
2446 If
Non -wetland
Section 404
Pond 1
35.892188 °N
-78.447920 °W
2.45 acres
Non -wetland
Section 404
1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review
area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an
approved 7D (AID) for that review area based on an informed decision after having discussed the
various types of 7Ds and their characteristics and circumstances when they may be appropriate.
2) In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General
Permit (NWP) or other general permit verification requiring "pre- construction notification" (PCN), or
requests verification for a non -reporting NWP or other general permit, and the permit applicant has
not requested an AID for the activity, the permit applicant is hereby made aware that: (1) the permit
applicant has elected to seek a permit authorization based on a PJD, which does not make an official
determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AID
before accepting the terms and conditions of the permit authorization, and that basing a permit
authorization on an AID could possibly result in less compensatory mitigation being required or
different special conditions; (3) the applicant has the right to request an individual permit rather than
accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant
can accept a permit authorization and thereby agree to comply with all the terms and conditions of that
permit, including whatever mitigation requirements the Corps has determined to be necessary; (5)
undertaking any activity in reliance upon the subject permit authorization without requesting an AID
constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g.,
signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps
permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area
affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such
jurisdiction in any administrative or judicial compliance or enforcement action, or in any
administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AID
or a PJD, the 7D will be processed as soon as practicable. Further, an AID, a proffered individual
permit (and all terms and conditions contained therein), or individual permit denial can be
administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it
becomes appropriate to make an official determination whether geographic jurisdiction exists over
aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic
resources in the review area, the Corps will provide an AID to accomplish that result, as soon as is
practicable. This PJD finds that there "may be" waters of the U.S. and/or that there "may be"
navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the
review area that could be affected by the proposed activity, based on the following information:

SUPPORTING DATA. Data reviewed for PJD (check all that apply)
Checked items should be included in subject file. Appropriately reference sources below where
indicated for all checked items:
® Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: A. Ricci
Map: Wetland Delineation Exhibit
® Data sheets prepared/submitted by or on behalf of the PJD requestor.
® Office concurs with data sheets/delineation report.
❑ Office does not concurwith data sheets/delineation report. Rationale:
❑ Data sheets prepared by the Corps:
❑ Corps navigable waters' study:
❑ U.S. Geological Survey Hydrologic Atlas:
❑ USGS NHD data.
❑ USGS 8 and 12 digit HUC maps.
® U. S. Geological Survey map(s). Cite scale & quad name: Rolesville Quad (2019), 1:24K
® Natural Resources Conservation Service Soil Survey. Citation: Wake Co. Soil Survey (1970) = Sheets 31 & 32
❑ National wetlands inventory map(s). Cite name:
❑ State/local wetland inventory map(s):
❑ FEMAVFIRM maps:
❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929)
® Photographs: ®Aerial (Name & Date): Aerial (2017) — NC Onemap
or ❑Other (Name & Date):
❑ Previous determination(s). File no. and date of response letter:
® Other information (please specify): SAW Regulatory Viewer
IMPORTANT NOTE: The information recorded on this form has not necessarily been
verified by the Corus and should not be relied uuon for later jurisdictional determinations.
Signature and date of Regulatory
staff member completing PJD
06/01/2021
Signature and date of person requesting PJD
(REQUIRED, unless obtaining the signature is
impracticable) t
1 Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respond within the
established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an
action.

STREAM 1
POTENTIAL NON -WETLAND
WATERS OF THE US
I
\1OIL
NOTES:
1) DELINEATION PERFORMED BY WR ON 09/04/2020.
2) WETLAND/STREAM/POND/BUFFER LOCATIONS ARE APPROXIMATE, BASED ON GPS /
LOCATION, WAKE CO. GIS DATA AND TOPOGRAPHIC INTERPRETATION.
/WETLAND E
POTENTIAL WETLAND
WATERS OF THE US
WETLAND F
POTENTIAL WETLAND
WATERS OF THE US
WETLAND G
POTENTIAL WETLAND
WATERS OF THE US
WETLAND H
POTENTIAL WETLAND
WATERS OF THE US
STREAM 1
POTENTIAL NON -WETLAND
WATERS OF THE US
WETLAND B
1 POTENTIAL WETLAND
WATERS OF THE US
j�
WETLAND C
POTENTIAL WETLAND
WATERS OF THE US
WETLAND D 1
POTENTIAL WETLAND
WATERS OF THE US
GRAPHIC SCALE
0 100 200
inch
I
POND 1
POTENTIAL NON -WETLAND
WATERS OF THE US i
4
DP-1 & 21 / /ii
WETLAND A
POTENTIAL WETLAND
WATERS OF THE US
1! WithersRavenel
"ey R0 Es E ROGERS FARM PROPERTY NORTH AR0 NA WETLAND DELINEATION EXHIBIT PL--,=,s,,,-Vo,=

roorm/i/lifiall",
0, V, 1,
WA-
1, IN ad, i l
WIN
X.
/
III iila il4 I; N� I'anl� l' �I� j
l
acm
ON
I I I I I
AREA 1
BHT 1.1
l mJ
WETLAND AND STREAM OPEN WATER STREAM BUFFERS
TEMPORARY
PERMANENT
TEMPORARY
PERMANENT
TEMPORARY
PERMANENT
IMPACT
IMPACT
STREAM
WETLAND
STREAM
WETLAND
ZONE 1
ZONE 2
ZONE 1
ZONE 2
NUMBER
SPECIFICATION
(LF)
(SF)
(AC.)
(LF)
(SF)
(AC.)
(SF)
(AC.)
(AC.)
(SF)
(SF)
(SF)
(SF)
(SF)
1
ROADWAY
--
--
--
--
15, 827
0.36
--
--
--
--
--
--
--
2
LOTS
--
--
--
--
5,875
0.13
--
--
--
--
--
--
--
--
3
SCM/GRADING
--
--
--
--
--
--
--
--
--
--
--
--
--
250
4
STORM/OUTFALL
--
--
--
--
--
--
--
--
--
--
--
--
--
302
5
SCM/GRADING
--
--
--
--
--
--
--
--
--
--
--
--
--
874
6
POND OUTLET
--
--
--
--
103
0.002
--
--
--
--
--
--
--
--
7
POND OUTLET
--
265
0.006
--
--
--
--
--
--
--
--
--
--
--
B
POND OUTLET
--
--
--
--
--
--
--
--
--
--
--
--
--
44
9
POND OUTLET
--
--
--
--
--
--
--
--
--
--
--
32B
--
--
10
IPOND OUTLET
--
--
--
--
--
--
3,858
0.089
--I
--
--
--
--
TOTAL
--
265
0.006
1
21,805
0.5
3,858
0.0891
--
--
32B
--
1.470
WETLAND SUMMARY ryryry���
TOTAL WETLANDS THIS PROPERTY: V/
78,917.51 9f (0. A5 ac.)
BMP
NUMBER
BMP
TYPE
1A
WET POND
2A
WET POND
2B
WET POND
3
WET POND

XT�ANDS OS1
\ sc is
/ _ --- r
CT
AD AYT DMB
111 I Ilr IIFIIFII 1 ���
��� urn IIC!TCI cn nr non IIK! Gn6 IKllrl r na r ! Gn /
I! IIC CIICn Ilr IICII IIC! CIICiICIICII 'ICI CII IIC If nrn II
1! IIK!Ik IICIIKII Ilrll IIK�GIIC IKII.�IICIIr IIK! a IIK IKIICIIKIIr II
nr�ICnrnC¢ nC1 al C IIEIICI IICI
VK IFIIKIIKIIr 11 II. -11p GIIC Is=nvnGn nGl F _�
IppI¢II !Ir II II II ! E^�IIC ICIIrIICIIr II I �� �I^Iy�iti�'I! TF.
IFII'-IfGll^ 1�'FIIF ICIICIICII 17CI It
C~Srl'••
�_— - 'I• � 11 CI 11. C 1 IICII IIEI EII IE*� � � � G � _;�
ICI"-� �nnFrFrci1FIIFn�. -_.— -Illy
-!!III'-fir=.IIL-.IIC6e'sEIS%A,IIF•�iC11iIKllr'llk
IIC.;I_CIIf-11FG�s��:IFnn�nr_-n=1AT Bp
-ISFIXK iC•IIC
�I'�III�.lKllr�pplKl!`�� ICIKIiF
114—
''CII``iII-il
s�,:�€ lip
�r,En�n=np
.IICI��1
iir fl ems'
IT
IIKII II �� I_IK
-II'-IICIICI II
fic1lgllC'rz
:IIKllcll ilcl
ICCIIEEII IppIIF,
:T,p11FSCCfC11C'
�RIIfGI' �Ir
LEGEND:
WETLAND IMPACT (PERMANENT)
IMPACT
NUMBER
IMPACT
SPECIFICATION
WETLAND AND STREAM
TEMPORARY
PERMANENT
STREAM
WETLAND
STREAM
WETLAND
(LF)
(SF)
I (AC.)
(LF)
(SF)
(AC.)
1
ROADWAY
--
--
--
--
15.B27
0.36
2
LOTS
--
--
--
--
5.675
0.13
TOTAL --
1.535
0.04
--
21.702
0.49

r
I
IMPACT 3
BUFFER IMPACT- PERM.
i I JI h GRADING FOR SCM
— ZONE 1- N/A
ZONE 2- 250 SF
I ' �
13
31
BUFFER IMPACT- PERM.
B STORMWATER OUTFALL
ZONE 1- N/A
ZONE2-__302_S - —
J i
I �
II 50 31 q
SCM 2�
N 317 315-
i 319 3 -31-- -
322 320 376 319 317 -
�i�
324
324
1 5
330 i -
/i /
w '
--4— — -- —� / / 5Cy
33
- PERM.
LEGEND:
ZONE 2 IMPACT (PERMANENT)
IMPACT
NUMBER
IMPACT
SPECIFICATION
BUFFER
TEMPORARY
PERMANENT
ZONE 1
ZONE 2
ZONE 1
ZONE 2
(SF)
(SF)
(SF)
(SF)
3
SCM/
GRADING
--
--
--
250
4
STORM/
OUTFALL
--
--
--
302
5
SCM/
GRADING
--
--
--
--
--
874
TOTAL
--
--
--
1,426
U
OL
LU W
LL
LL
m

TOP OF BAZ K
\ \ \
\
IMPACT#/
/ 6°
TEMPORARY: WETLAND IMPACT
0.0061 ACRES (265 SF)
_
ZONE 1 NEUSE RIPARIAN BUFFER -
x \
IMPACTRO
PERMANENT: WETLAND IMPACT
\ V \ V
PLUNGE POOL APRON
0.0024AGRES (103 SF)
�yyn rna
RIPRAP ENERGY DISSIPATOR
i-� PLUNGE POOL BASIN �j / / \
\ \
PREGASTCONCRET�t-ADWALCSiK / ,56A / / /' / \
50' ZONE 2 NEUSE RIPARIAN BUFFER(NCDOT STD. 838.80)-365
BARREL (TO BE REMOVED
TRENCH GRADING FOR BARREL INSTALLATION
\ 10P ROLESVIL E BUFFER
\ i
\ 364
370
PROPOSED GRADE TOP DAM
OP OF DAM EL. 367.0 I~ APPROX. 18REST WIDTH
365 EX. WETLANDS
PRECAST CONCRETE HEADWALL
(NCDOT STD.838.8)
360 PLUNGE POOL ENERGY DISSIPATOR I —FILTER DIAPHRAG
— SEE DETAIL SHEET 3.2
I CLASSBRIPRAP
355 1 EMBEDDED12'
4' PVC DIAPHRAGM DRAIN PIPE CUTOFF T ENCH BENEAT
t=+
350 FOR ENG H OF BARREL
DETAIL ON SHEET 2.0)
1+45 1+00 PRIMARY SPILLWAY PROFILE
\
IMPACT #10
TEMPORARY: OPEN WATER IMPACT
0.089ACRES
\
\
\
GRAPHIC SCALE
20
\ 0 10 20 40
1 inch = 20 ft.
48' x 48' PRECAST CONCRETE RISER 370
SEE DETAIL SHEET 4.0
EXISTING GRADE
RIM: EL.364.0
10
YR POOL 365.4
.--.
BOTTOM: EL. 358.0 365
4' DIP BOTTOM DRAIN
360
ti
!BALLAST SIZED FOR ANTIFLOTATION
SEE DETAIL SHEET 4.0
j55
CONCRETE CRADLE CONCRETE COLLAR
IE OF DAM
SEE DETAIL SHEET 4.0
(SEE
350
0+50 1" -1 O'HORIZ. 0+20
1" = 1' VERT.
G�

TOP OF BANK
IMPACT t9(TEMP) coh
\ ZONE 2 BUFFER 328 SF
\ �c 'ZONE 1 NEUSE RIPARIAN BUFFER. \ /
\ \ \ PLUNGE POOL APRON
RIPRAP ENERGY DISSIPATOR
\ \ \ \ PLUNGE POOL BASIN
\ \
\ \ \ � PRECAST CONCRET �6ticADWALCSiK
50' ZONE 2 NEUSE RIPARIAN BUFFER (NCDOT STD. 838.80)
\ \ \ \ \ \ \ \ IMPAPERM) / \ / / / ^ -365 \
\ \ \ ZONE 2 BUFFER 44 SF \
'BARREL (TO BE REMOVED
i
z \ \
\ \ \ \ \ TRENCH GRADING FOR BARREL INSTALLATION
.�� 10P RO ESVIL E BUFFER
1 370
PROPOSED GRADE OP
365 EX. WETLANDS
PRECAST CONCRETE HEADWALL
(NCDOT STD.838.8)
360 PLUNGE POOL ENERGY DISSIPATOR
SEE DETAIL SHEET 3.2
I CLASSBRIPRAP
355 EMBEDDED 12' ____
____
4' PVC DIAPHRAGM DRAIN PIPE
350
1+45 1+00
TOP DAM
�APPROX 18' REST WIDTH
— FILTER DIAPHRAGt
i
CUT
OFFT EN -1BENEAT
FOR ENG H OF BARREL
DETAIL ON SHEET 2.0)
PRIMARY SPILLWAY PROFILE
\ \ GRAPHIC SCALE
20 \ 0 10 20 40
1 inch = 20 ft.
48' x 48' PRECAST CONCRETE RISER 370
EXISTING GRADE SEE DETAIL SHEET 4.0
RIM: EL.364.0
10 YR POOL 365.4 BOTTOM: EL. 358.0 365
11
4' DIP BOTTOM DRAIN
360
�LAST SIZED FOR ANTIFLOTATION
DETAIL SHEET 4.0
�,�BA
CONCRETE CRADLE
SEE DETAIL SHEET 4.0
�55
IF OF DAM
(SEE
350
0+50 1" = 10' HORIZ. 0+20
1" = 1' VERT.
G�

WINGWALL
WIDTH
z
/ OUT�Er o NCDOT
8 OZISY GEOTEXTILEJ PIPE CLASS
RAP TYR)
DIAPHRAGM FILTER OUTLET
SEE DETAIL SHEET 4.1
2
8.0' (W
VARIABLE
SLOPE
TO DAYLIGHT
14.0' VARIES 14' VARIES
DCISTN�R EXISTXtllb
AO z
z LEVATIO ,�
EL. 353.5 NCDOT VARIES
CLASS BRIP / NCDOT
8 OZISY GEOTEXTILE RAP (rYP., 8 OZISY GEOTEXTILE J CLASS B RIP
RAP TYR)
SECTION 'C-C' SECTION 'D-D'
11s (La)
s'~ -
EL. 353.5
,
EL. 355. OUT[
ANCHOR GEOTEXTIL� 8 OZISY GEOTEXTILEJ
PER MANUFACTURE 'S BENEATH #57 STONE COMPACTED SUBGRADE (TYP.)
RECOMMENDATION (TYP) OVERLAP 18' MIN. ALL SEAMS 6' NCDOT #57 WASHED
STONE(TYP.)
LONGITUDINAL SECTION 'A -A'
11 51
v f fI is f
PLAN
VIEW
PLUNGE POOL ENERGY DISSIPATOR DETAIL
USACOE HYDRAULIC DESIGN CRITERIA (1977), SHEETS 722-6 & 722-7
NOT TO SCALE
G�

Kalas Falls
Attachments
February 14, 2024
CWS Project No. 2023-0107
ATTACHMENT D:
401 Water Quality Certification (DWR#20210242)
and Buffer Authorization

DocuSign Envelope ID: DEC1 F3D3-Cl2C-455D-B58A-5660FF08BE9E
ROY COOPER
Governor
DIONNE DELLI-GATTI
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
May 24, 2021
DWR 4 20210242
Wake County
Mitchell Mill Road Investors, LLC
Attn: Tim Smith
105 Weston Estates Way
Cary, NC 27513
(via email [e-mail])
Subject: Approval of Individual 401 Water Quality Certification
Rogers Farm Subdivision
USACE Action ID. No. SAW-2013-01899
Dear Mr. Smith:
Attached hereto is a copy of Certification No. 4327 issued to Tom Smith and Mitchell Mill Road Investors,
LLC dated May 24, 2021. 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.
D �North Carolina Department of Enveronmental Quality I Division of Water Resources
Raleigh Regional Office 13800 Barrett Drive I Raleigh, North Carolina 27609
NORM -I CAROLINA
Om�emulE,W h1Qu.i� /� 919.791.4200

DocuSign Envelope ID: DEC1 F3D3-Cl2C-455D-B58A-5660FF08BE9E Rogers Farm Subdivision
DWR# 20210242
Individual Certification #WQC004327
Page 2 of 10
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.
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 (919) 431-
3000.
One (1) copy of the Petition must also be served to the North Carolina Department of Environmental
Quality:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the Division's review under section 401 of the Clean Water Act and 15A NCAC
02H .0500. Please contact Stephanie Goss at 919-791-4256 or Stephanie.._o�ssAncdenr. og_v if you have
any questions or concerns.
Sincerely,
Ora-CUSIignned]by:
Sc nil LJI�.�A.
6C�A9�825D4A46D...
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
cc: Troy Beasley, WithersRavenel (via email)
Lyle Phillips, USACE Raleigh Regulatory Field Office (via email)
DWR 401 & Buffer Permitting Branch Electronic file

DocuSign Envelope ID: DEC1 F3D3-Cl2C-455D-B58A-5660FF08BE9E Rogers Farm Subdivision
DWR# 20210242
Individual Certification #WQC004327
Page 3 of 10
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION 44327 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 Tim Smith and Mitchell Mill Road Investors, LLC, who have authorization
for the impacts listed below, as described within your application received by the N.C. Division of Water
Resources (Division) on March 9, 2021.
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
0.036 (acres)
0 (acres)
W2: Lot Fill
0.130 acres
0 acres
W3: Dam Rehab
0.002 (acres)
0 (acres)
W4: Temp. Construction Access
0 (acres)
0.006 (acres)
Open Water
01: Dam Rehabilitation
0.090 (acres)
0 (acres)
This approval requires you to follow the conditions listed in the certification below:
CONDITIONS OF CERTIFICATION [15A NCAC 02H .0507(c)]:
Compensatory Mitigation Using a Private Mitigation Bank
Mitigation must be provided for the proposed impacts as specified in the table below. The Division has
received a Statement of Availability letter from Wildlands Holdings III, LLC and the Falling Creek
Stream and Wetland Mitigation Bank Instrument to meet this mitigation requirement. The specific bank
site to be debited will be the Grantham Branch Mitigation Site located in HUC 03020201. Until
Wildlands Holdings III, LLC receives and clears your payment, and proof of payment has been provided
to this Office, no impacts specified in this Certification shall occur. For accounting purposes, this
Certification authorizes payment to Wildlands Holdings III, LLC to meet the following compensatory
mitigation requirement [15A NCAC 02H .0506(c)]:
Compensatory
Miti on
Compensatory
Mitigation Required
Bank Sponsor
River & Sub -Basin
Number
Wetlands
0.492 (acres)
Wildlands Holding III, LLC
Neuse: 03020201
Justification: A project that affects waters shall not be permitted unless the existing uses, and the water
quality to protect such uses, are protected. In determining that the proposed activity will comply with
state water quality standards (including designated uses, numeric criteria, narrative criteria and the
state's antidegradation policy), the project must provide for replacement of existing uses through
compensatory mitigation.

DocuSign Envelope ID: DEC1 F3D3-Cl2C-455D-B58A-5660FF08BE9E Rogers Farm Subdivision
DWR# 20210242
Individual Certification #WQC004327
Page 4 of 10
2. 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.
3. 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.
4. 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.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c)
Justification: The referenced Riparian Buffer rules were adopted to address water quality impairments
and further protect existing uses.
5. 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

DocuSign Envelope ID: DEC1 F3D3-C12C-455D-B58A-5660FF08BE9E Rogers Farm Subdivision
DWR# 20210242
Individual Certification #WQC004327
Page 5 of 10
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.
6. 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: I5A NCAC 02H. 0506(b); I5A NCAC 02H.0507(c); I5A NCAC 02B .0200; I5A 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.
7. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used along
streambanks or within wetlands.
Citation: I5A NCAC 02H.0506(b); I5A 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.
8. 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.

DocuSign Envelope ID: DEC1 F3D3-Cl2C-455D-B58A-5660FF08BE9E Rogers Farm Subdivision
DWR# 20210242
Individual Certification #WQC004327
Page 6 of 10
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.
9. 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.
10. 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.
11. 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

DocuSign Envelope ID: DEC1 F3D3-C12C-455D-B58A-5660FF08BE9E Rogers Farm Subdivision
DWR# 20210242
Individual Certification #WQC004327
Page 7 of 10
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.
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: I5A NCAC 02H.0506(b); I5A 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.
12. 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: I5A 02H . 0506(b); I5A NCAC 02H . 0507(c); I5A NCAC 02B . 0200, I5A 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.

DocuSign Envelope ID: DEC1 F3D3-Cl2C-455D-B58A-5660FF08BE9E Rogers Farm Subdivision
DWR# 20210242
Individual Certification #WQC004327
Page 8 of 10
13. 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.
14. 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.
15. 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.
16. 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 ofstandards, or would result in
secondary or cumulative impacts.

DocuSign Envelope ID: DEC1 F3D3-Cl2C-455D-B58A-5660FF08BE9E Rogers Farm Subdivision
DWR# 20210242
Individual Certification #WQC004327
Page 9 of 10
17. 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: I5A NCAC 02H.0506(b); I5A NCAC 02H.0507(c); I5A 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 ofstandards, or would result in
secondary or cumulative impacts.
18. 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: I5A NCAC 02H.0506(b); I5A NCAC 02H.0507(c); I5A NCAC 02B . 0200; I5A 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.
19. Heavy equipment working in wetlands shall be placed on mats or other measures shall be taken to
minimize soil disturbance and compaction.
Citation: I5A NCAC 02H.0506(b); I5A NCAC 02H.0507(c); I5A 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.
20. 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: I5A 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

DocuSign Envelope ID: DEC1 F3D3-Cl2C-455D-B58A-5660FF08BE9E Rogers Farm Subdivision
DWR# 20210242
Individual Certification #WQC004327
Page 10 of 10
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.
21. 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
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 ofstandards, or would result in
secondary or cumulative impacts.
22. 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 24th day of May 2021
Ora-CUSIig/njed]by:
Sc nil LJI�.�A.
6C�A9�825D4A46D...
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
SZG
WQC004327

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IMPACT
NUMBER
IMPACT
SPECIFICATION
WETLAND AND STREAM OPEN WATER STREAM BUFFERS
TEMPORARY
PERMANENT
TEMPORARY
PERMANENT
TEMPORARY
PERMANENT
STREAM
WETLAND
STREAM
WETLAND
ZONE 1
ZONE 2
ZONE 1
ZONE 2
(LF)
(SF)
(AC.)
(LF)
(SF)
(AC.)
(SF)
(AC.)
(AC.)
(SF)
(SF)
(SF)
(SF)
(SF)
1
ROADWAY
--
--
--
--
15,827
0.36
--
--
--
--
--
--
--
--
2
LOTS
--
--
--
--
5,875
0.13
--
--
--
--
--
--
--
--
3
SCM/GRADING
--
--
--
--
--
--
--
--
--
--
--
--
--
250
4
STORM/OUTFALL
--
--
--
--
--
--
--
--
--
--
--
--
--
302
5
SCM/GRADING
--
--
--
--
--
--
--
--
--
--
--
--
--
874
6
POND OUTLET
--
--
--
--
103
0.002
--
--
--
--
--
--
--
--
7
POND OUTLET
--
265
0.006
--
--
-
--
--
--
--
--
--
--
8
POND OUTLET
--
--
--
--
--
--
--
--
--
--
--
--
--
44
9
POND OUTLET
--
--
--
--
--
--
--
--
--
--
--
328
--
--
10
POND OUTLET
--
--
--
--
--
--
3,858
0.089
--
--
--
--
--
--
TOTAL
--
265
0.006
--
21,805
1 0.492
3,858
0.089
--
--
--
328
--
1.470
= O
in
i
i
w
Qin
J '
J '
Q�
W m
Qzc
t
d
W
rp r
a �
W �o
< N
W ~ 2
�W
N
Zcm
Q -ri
U�
o�
Cw .m
L c
Qw
WETLAND SUMMARY N
TOTAL WETLANDS THIS PROPERTY:
78, 917.51 sf (0.45 ac . )
BMP
NUMBER
BMP
TYPE
1A
WET POND
2A
WET POND
28
I WET POND
3
1 WET POND

I
SC 1,
I '
I 1
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w
M CT /
E T D P CT
\ I I AD AY , 8
�\ XTLANDS 0S1
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1.p
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t°n
II
it sir=
-380
f!= "
378,
382—
IMPACT 2
PERM WETLAND IMPACT
LOT - 5.875 SF
LEGEND:
III=III WETLAND IMPACT (PERMANENT)
III —III —III
III=III=
IMPACT
NUMBER
IMPACT
SPECIFICATION
WETLAND AND STREAM
TEMPORARY
PERMANENT
STREAM
WETLAND
STREAM
WETLAND
(LF)
(SF)
(AC.)
(LF)
(SF)
(AC.)
1
ROADWAY
--
--
--
--
15,827
0.36
2
LOTS
--
--
--
--
5.875
0.13
TOTAL --
1,535
0.04
--
21, 702
0.49
r
d
a �
W {0
< N
W ~ 2
N
log
�gEl
Zcm
Q -C
U�
M
L.L �
5W C
cm
L C
Q W
/w ir
VQ
0LL

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; •I �I� 11 I � I I I LL--I � � \
I III I II �I
IJ� II I I
I I I I
I'
I . I
I
I
I
I
I
I
— T
38
33-
1
IMPACT 3 - -
BUFFER IMPACT- PERM.
GRADING FOR SCM
ZONE 1- N/A
ZONE 2- 250 SF
I MPA
\ BUFFER IMPACT- PERM.
STORMWATER OUTFALL
ZONE 1- N/A
ZONE 2 =30 SF
\ - IMPACT 5
BUFFER IMPACT- PERM.
_ GRADING FOR SCM
h ZONE 1- N/A
` ZONE 2- 874 SF
323 ----�
324
J /
324
N
325
57 %
I
56
/
'-333�
----- ---
---
—
_
336
/
LEGEND:
ZONE 2 IMPACT (PERMANENT)
IMPACT
NUMBER
IMPACT
SPECIFICATION
BUFFER
TEMPORARY
PERMANENT
ZONE 1
ZONE 2
ZONE 1
ZONE 2
(SF)
(SF)
(SF)
(SF)
3
SCM/
GRADING
--
--
--
250
4
STORM/
OUTFALL
--
--
--
302
5
SCM/
GRADING
--
--
--
--
--
874
TOTAL
--
--
--
1, 426
cq
r
VQ
0LL

370
365
c 360
E 355
350
�_\ v TOP BNK ass
�c 30' ZONE 1 NEUSE RIPARIAN BUFFER - \ Ix
\ PLUNGE POOL APRON
3
\ 50' ZONE 2 NEUSE RIPARIAN BUFFER �� 3
\
IMPACT#7
\ \ TEMPORARY: WETLAND IMPACT
0.0061 ACRES (265 SF)
\ IMPACT #6
I
PERMANENT: WETLAND IMPACT' \
\ 0.0024 ACRES (103 SF) I I \
RIPRAP ENERGY DISSIPATOR
PLUNGE POOL BASIN
PRECAST CON CRET�6`L__ADWALL��j�
(NCDOT STD. 838.80)
/I
\�X\� �ARI
TRENCH GRADING FOR BARREL INSTALLATION \sue \ \ \\
100' ROLESVILLE BUFFER
r
364
L (TO BE REMOVED
GRAPHIC SCALE
20 0 10 20 40
1 inch = 20 Ft.
48" x 48" PRECAST CONCRETE RISER 370
PROPOSED GRADE
OF OF DAM EL. 367.0
TOP
i~ APPROX. 18
DAM
REST WIDTH
EXISTING GRADE
SEE DETAIL SHEET 4.0
RIM: EL.364.0
EX. WETLANDS
i
10
YR POOL 365.4
BOTTOM: EL. 358.0
PRECAST CONCRETE
HEADWALL
(NCDOT
STD.838.8)
/ i
PLUNGE POOL ENERGY DISSIPATOR
— FILTER DIAPHRAGJ
i
4"DIP BOTTOM DRAIN
SEE DETAIL SHEET 3.2
!BALLAST
SIZED FOR ANT
I CLASS B RIPRAP
�
° ° ° °
° ° �
' E E DETAIL SHEET 4.0
EMBEDDED 12"
I
CONCRETE CRADLE
CONCRETE COLLAR
4" PVC DIAPHRAGM DRAIN PIPE
CUTOFF TRENCH
FOR LENG
BENEATH CEN
H OF BARREL EXCAV
ERLINE OF DAM
SEE
(SEE
SEE DETAIL SHEET 4.0
0 0 0
DETAIL ON
SHEET 2.0)
1 +45
1+00 PRIMARY SPILLWAY PROFILE
0+50
365
360
FLOTATION
355
1" = 1U' HUKIL. 0+20
1" = V VERT.
350
t
E

TOP BANK ass
IMPACT #9 (TEMP)
ZONE 2 BUFFER: 328 SF
�c 30' ZONE 1 NEUSE RIPARIAN BUFFER - \ IX�
\ PLUNGE POOL APRON
3
\
\ \ 50' ZONE 2 NEUSE RIPARIAN BUFFER �� 3
\ \ \ \ IMPACT #8 (PERM) .�
\ \ \ \ ZONE 2 BUFFER: 44 SF /
RIPRAP ENERGY DISSIPATR
\
PLUNGE POOL BASIN
PRECASTCONCRET' DWALL��j�
(NCDOT STD. 838.80)
�� �ARREL (TO REMOVED
\ J \
TRENCH GRADING FOR BARREL INSTALLATION
f)00' ROLESVILLE BUFFER
\
\
370
365
c 360
E 355
350
y a �
4'X4'
o �3b'p\
D
\
GRAPHIC SCALE
20 0 10 20 40
r'
1 inch = 20 Ft.
48" x 48" PRECAST CONCRETE RISER 370
PROPOSED GRADE
OF OF DAM EL. 367.0
TOP
i~ APPROX. 18
DAM
REST WIDTH
EXISTING GRADE
SEE DETAIL SHEET 4.0
RIM: EL.364.0
EX. WETLANDS
i
10
YR POOL 365.4
BOTTOM: EL. 358.0
PRECAST CONCRETE
HEADWALL
(NCDOT
STD.838.8)
/ i
PLUNGE POOL ENERGY DISSIPATOR
— FILTER DIAPHRAGJ
i
4"DIP BOTTOM DRAIN
SEE DETAIL SHEET 3.2
!BALLAST
SIZED FOR ANT
I CLASS B RIPRAP
�
° ° ° °
° °
E DETAIL SHEET 4.0
EMBEDDED 12"
—
— `—
------------
CONCRETE CRADLE
CONCRETE COLLAR
4" PVC DIAPHRAGM DRAIN PIPE
CUTOFF TRENCH
FOR LENG
BENEATH CEN
H OF BARREL EXCAVATION
ERLINE OF DAM
( SEE
SEE DETAIL SHEET 4.0
0 0 0
DETAIL ON
SHEET 2.0)
1 +45
1+00 PRIMARY SPILLWAY PROFILE
0+50
365
360
FLOTATION
355
1" = 1U' HUKIL. 0+20
1" = 1' VERT.
350
V7
a
a
U
a
a
w
LL
LL
00
E

8 OZ/SY GEOTEXTILE
IWINGWALL
WIDTH _I
OUTLET o� NCDOT
PIPE CLASS B RIP
RAP (TYP.)
DIAPHRAGM FILTER OUTLET V v� V v�v
SEE DETAIL SHEET 4.1
SECTION 'B-B' SECTION 'C-C'
I A N
6.0' (LA) 11.5' (LB) Z-359
VARIABLE NCDOT 5.5'
SLOPE C LASS B
TO DAYLIGHT P RAP EL. 353.5
z EL.=355. OUTLET IPE
0 0 0 0777�-
ANCHOR GEOTEXTIL 8 OZ/SY GEOTEXTILE o
PER MANUFACTURER'S BENEATH #57 STONE COMPACTED SUBGRADE (TYP.)
RECOMMENDATION (TYP) OVERLAP 18" MIN. ALL SEAMS
6" NCDOT #57 WASHED
STONE (TYP.)
LONGITUDINAL SECTION'A-A'
11 �i
u I %,-, 1 131
VIEW
PLUNGE POOL ENERGY DISSIPATOR DETAIL
WADICC lAl WADICC
ULHJJ b KIF'
RAP (TYP.)
SECTION 'D-D'
�I
E
� Z
a
0
oz
zo
a Q
� J
m
La
V_
=w
wof
U o
0 w
� a
USACOE HYDRAULIC DESIGN CRITERIA (1977), SHEETS 722-6 & 722-7
NOT TO SCALE

Water Resources
ENVIRONMENTAL QUALITY
February 8; 2017
Mitchell Mill Road Investors, LLC
Attn: Julian Rawl
100 Weston Estates Way
Cary, NC 27513
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
. Lnterim
Director
DWR #18-0052
Wake County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
AUTHORIZATION CERTIFICATE PER THE NEUSE RIVER BASIN, RIPARIAN BUFFER.,
PROTECTION RULES (15A NCAC 02B .0233) WITH ADDITIONAL CONDITIONS
Kalas Falls Subdivision
Dear. Mr. Rawl:
You have our approval for the impacts listed below for the purpose described in your
application -dated -January 8, 2018 and received by the Division of Water Resources'(Division) on
January 9, 2018. These impacts are covered by the attached Water.Quality,General
Certification Number 4132 and 4139 and the conditions listed below. This certification is
associated with the use of Nationwide Permit Number 3 and 29 once it is issued to you by the
U.S. Army Corps of Engineers. Please note that.you should get any other federal,'state or local
permits before, proceeding with your project, including those required by (but not limited to)
Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed regulations.
This approval requires you to follow the conditions listed in the enclosed certification and the
following additional conditions:
1. The following impacts are hereby approved provided that all of the other specific and
general conditions of the Certification and Buffer Rules are met. No other impacts.are
approved, including incidental impacts. [15A NCAC 02B .0506(b)(c) and 15A NCAC 02B
.0233(8)]
Division of Water Resources, Raleigh Regional Office, Water Quality Operations Section http://portal.ncdenr.org/webiwqtaps
1628 Mail Service Center; Raleigh, NC 27699-1628 Phone: [phone]
Location: 3800 Barrett Drive, Raleigh, NC 27609 Fax: [phone]

Kalas Falls Subdivision
DWR #18-0052.
401 AND BUFFER APPROVAL
Page.2 of 6
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Wetland .
W6D-Road Fill/Backslopes
0.006 (acres)
0 (acres)
W6E-Road Construction
0 (acres).
0.003 (acres)
W17A-Construction Easement for Sewer
0 (acres)
0.02 (acres)
Stream
S6A-Road Crossing/Culvert
78 (linear feet)
0 (linear feet)
S10A-Road Crossing/Culvert
119 (linear feet)
0 (linear feet)
S613-Rip-rap Dissipator
14 (linear feet)
0 (linear feet)
S1013-Rip-rap Dissipator
28 (linear feet)
0 (linear feet)
S6C-Culvert Installation
0 (linear feet)
5 (linear.feet)
S6F.-Culvert Installation
0 (linear feet)
15 (linear feet)
S10C-Culvert Installation
0 (linear feet)
5 (linear feet)
S10D-Culvert Installation
0 (linear feet)
10 (linear feet)
525-Construction of Dissipator
62 (linear feet)
0 (linear feet)
Open Water
01-Road Crossing
0.23 (acres)
0 (acres)
026-Grading for cofferdam
0 (acres)
0.078 (acres)
027-Grading for dam
0.01 (acres)
0 (acres)
Buffers _ Zone 1
B2-R6ad Crossing
8,367 (square feet)
0 (square feet)
133-Road Crossing
727 (square feet)
0 (square feet)
137-Road Crossing
5,344 (square feet)
0 (square feet)
138-13MP/Outfall
513 (square feet)
0 (square feet)
139713MP/Outfall
37 (square feet)
0 (square feet)
B11-Road Crossing
4,059 (square feet)
0 (square feet)
1312-Road Crossing
4,039 (square feet)
0 (square feet)
B14A-Sewer Easement
2,413 (square feet)
0 (square feet)
131713-Sewer Easement
1,471 (square feet)
0 (square feet)
B21A-Sewer Easement
2,095 (square feet)
0 (square feet)
131413-Sewer Construction Corridor
0 (square feet)
790 (square feet)
B17C-Sewer Construction Corridor
0 (square feet)
719 (square feet)
131913-Sewer Construction Corridor
0 (square feet)
8 (square feet)
132113-Sewer Construction Corridor
0 (square feet)
636 (square feet)
1328-Grading for'Auxiliary Spillway
3,266 (square feet)
0 (square feet)
1329-Grading for Dam Rehab
571 (square feet)
0 (square feet)
1332-Grading for Dam Rehab 178
(square feet)
0 (square feet)
1331-Grading for Temp. Access
0 (square feet)
29 (square feet)

Kalas Falls Subdivision
DWR #18-0052
401 AND BUFFER APPROVAL
Page 3 of 6
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Buffers - Zone 1 Continued
1333-Grading for Erosion Control
0 (square feet)
436 (square feet)
Buffers— Zone 2
132-116ad Crossing
4,819'(square feet)
0 (square feet)
63-11oad Crossing
2,24.1 (square feet)
0 ,(square feet)
134-Sto',rmwater Outfall
376 (square feet)
0. (square'feet)
135-Stormwater Outfall
285 '(sq'uare feet)
0 (square'feet)
137=Road Crossing
3,393, (square feet)
0' ('square feet)
138-13MP/Outfall
1,484 (square feet)
0 (square feet)
139-13MP/Outfall
1,911 (square feet)
0 (square feet)
1311-Mad.Cr,ossing
2,656 (square feet)
0 (square feet)
B12-116adzVlossing
2,612 (square feet)
0 (square feet)
1313-131lP/06tf,,all
96 (square feet)
0 (square feet)
B14A-Sewer; Easement
687 (square feet)
0 (square feet)
B15A-Sewer, Easement
1,208 (square feet).
0 (square feet)
1316A-Sewer, Easement
155 (square feet)
0 (square feet)
131713-Sew,er;Easement
2,663'(sq,6are feet)
0 (square feet)
1318A-Sewer' Easement
1,863 (square feet)
0 (square feet)
1319A-Sewer Easement
1,905'(s;quare feet)
0 (square feet)
920A-Sewer; Easement
612 (square feet)
0 (square feet)
B21A-Sewer, Easement
2,067 ,(square feet)
0 (square feet)
B22A-Sewer Easement
270 (square feet)
0 (square -feet)
1323A-Sewer Easement
3,335 ,(square feet)
0 (square feet)
1324A-Sewer Easement
10,472,(sqpare feet)
0 (square feet)
131413-Sewer Construction Corridor
0 (square feet)
275 (square feet)
131513-Sewer Construction Corridor.
0 (square feet)
932 (square feet)
617C-Sewer Construction Corridor
0 (squ"ar'e;,feet)
708 (square feet)
131813-Sewer Construction Corridor
0 (squa're;l f eet)
1,074 (square feet)
131913-Sewer Construction Corridor
0 (squ,arelllfeet)
1,167 (square feet)
B20A-Sewer Construction Corridor
0 (squa're;',feet)
370 (square feet)
132113-Sewer Construction Corridor
0 (square!4eet)
598 (square feet)
13226-Sewer Construction Corridor
0 (squ,ar'e"�feet)
666 (square feet)
132313-8ewer Construction Corridor,
0 (squ'a're,,feet)
793 (square feet)
132413-Sewer Construction Corridor.
0 (squ;a1edlfeet) "
240 (square feet)
1330-Grading for Temporary Access
0 (squ;a;re,feet)
1,300 (square feet)

Kalas Falls Subdivision
DWR #18-0052
401 AND BUFFER APPROVAL
Page 4 of 6
2. Stormwater Management Plan (SMP) Approval from Local Community Required
The stormwater management plan (SMP) must be approved by Wake County and meet the
requirements of this Certification. The SMP may not be modified without prior written
authorization from the Wake County. [15A NCAC 02H .0506(b)(3)]
3. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas
beyond the footprint of the impacts depicted in the Pre -Construction Notification. All
construction activities, including the design, installation, operation, and maintenance of
sediment and erosion control Best Management Practices, shall be performed so that no
violations of state water quality standards, statutes, or rules occur. [15A NCAC 02H .0501
and .0502]
4. Protective Fencing
The outside buffer, wetland or water boundary and along the construction corridor within
these boundaries approved under this authorization shall be clearly marked with orange
warning fencing (or similar high visibility material) for the areas that have been approved to
infringe within the buffer, wetland or water prior to any land disturbing activities to ensure
compliance with 15 NCAC 02H .0500. [15A NCAC 02H .0506 (b)(2) and (c)(2) and 15A NCAC
02H .0507 (c)]
5. This approval is for the purpose and design described in your application. The plans and
specifications for this project are incorporated by reference as part of the Certification and
Buffer Authorization. If you change your project, you must notify the Division and you may
be required to submit a new application package with the appropriate fee. If the property is
sold, the new owner must be given a copy of this approval letter and General Certification
and is responsible for complying with all conditions. [1SA NCAC 02B .0507(d)(2)]
6. This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]
This Certification and Buffer Authorization can be contested as pZovided in Articles 3 and 4 of
General Statute 150B by filing a written petition for an administrative hearing to the Office of
Administrative Hearings (hereby known as OAH). A petition form may be obtained from the
OAH at http://www.ncoah.com/ or by calling the OAH Clerk's Office at [phone] for
information.
Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the
OAH. A petition is considered filed when the original and one (1) copy along with any
applicable OAH filing fee is received in the OAH during normal office hours (Monday through
Friday between 8:00am and 5:00pm, excluding official state holidays).

Kalas Falls Subdivision
DWR #18-0052
401 AND BUFFER APPROVAL
Page 5 of 6
The petition may be faxed to the OAH at [phone], provided the original and one copy of
the petition along with any applicable OAH filing fee is received by the OAH within five (5)
business days following the faxed transmission.
Mailing address for the OAH:
If sending by First Class Mail
via the US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
If sending via delivery service
(e.g. UPS, FedEx):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to Department of Environmental Quality:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
Please send one (1) copy of the petition to DWR:
If sending by First Class Mail
via the US Postal Service:
Karen Higgins
NC DWR-401 & Buffer Permitting
Branch
1617 Mail Service Center
Raleigh, NC 27699-1617
If sending via delivery service
(e.g. UPS, FedEx):
Karen Higgins
NC DWR-401 & Buffer Permitting
Branch
512 N. Salisbury Street
Raleigh, NC 27604
This letter completes the review of the Division under section 401 of the Clean Water Act and
the Neuse Riparian Buffer Rules as described in 15A NCAC 02B .0233. Please contact Stephanie
Goss at 919-791-4256 or [e-mail] if you have any questions or concerns.
Si cer y,
Danny Smith
Supervisor, Water Quality Regional Operations Section
Enclosure: GC 4132, GC 4139

Kalas Falls Subdivision
DWR #18-0052
401 AND BUFFER APPROVAL
- Page 6 of 6
cc: U.S. Army Corps of Engineers; Raleigh Regulatory Field Office; 3331 Heritage'Trade Dr.,
Ste. 105; Wake Forest, NC 27597
DWR RRO 401/Riparian Buffer file
DWR 401 & Buffer Permitting Unit via Laserfiche
Troy Beasley via a -mail at,[e-mail] .

Kalas Falls
Attachments
February 14, 2024
CWS Project No. 2023-0107
ATTACHMENT E:
Unauthorized Impacts

_ rt p
4010
74
�*
i-
� a
�n
Unauthorized wetland disturbance
1
Needs to be � restored
monk,
��;!''' i� II a II 1►I� ,11 i
a:. Y
tl
I a
v
I�1Yit
I
11
�_
,� fl I
i
�l Ubl
,*:
WETLAND AND STREAM OPEN WATER STREAM BUFFERS
TEMPORARY
PERMANENT
TEMPORARY
PERMANENT
TEMPORARY
PERMANENT
IMPACT
IMPACT
STREAM
WETLAND
STREAM
WETLAND
ZONE 1
ZONE 2
ZONE 1
ZONE 2
NUMBER
SPECIFICATION
(LF)
(SF)
(AC.)
(LF)
(SF)
(AC.)
(SF)
(AC.)
(AC.)
(SF)
(SF)
(SF)
(SF)
(SF)
1
ROADWAY
--
--
--
--
15, B27
0.36
--
--
--
--
--
--
--
2
LOTS
--
--
--
--
5,875
0.13
--
--
--
--
--
--
--
--
3
SCM/GRADING
--
--
--
--
--
--
--
--
--
--
--
--
--
250
4
STORM/OUTFALL
--
--
--
--
--
--
--
--
--
--
--
--
--
302
5
SCM/GRADING
--
--
--
--
--
--
--
--
--
--
--
--
--
874
6
POND OUTLET
--
--
--
--
103
0.002
--
--
--
--
--
--
--
--
7
POND OUTLET
--
265
0.006
--
--
--
--
--
--
--
--
--
--
--
B
POND OUTLET
--
--
--
--
--
--
--
--
--
--
--
--
--
44
9
POND OUTLET
--
--
--
--
--
--
--
--
--
--
--
32B
--
--
10
POND OUTLET
--
--
--
--
--
--
3,858
0.089
--
--
--
--I
--
I --
TOTAL
--
265
0.006
--
21.805
0.5
3,858
0.089
--
--
--
328
I --
I 1,470
WETLAND SUMMARY
TOTAL WETLANDS THIS PROPERTY:
78,917.51 9f (O.A5 ac.)
BMP
NUMBER
BMP
TYPE
1A
WET POND
2A
WET POND
2B
WET POND
3
WET POND
= O
N
0_ I
Q
!i
<
J0`1
I
O
m
N J
Zcn
U�
� c
rn
Qc
w
1

Kalas Falls
Attachments
February 14, 2024
CWS Project No. 2023-0107
ATTACHMENT F:
Photopage

Kalas Falls
Photopage
February 14, 2024
CWS Project No. 2023-0107
Photograph 1. View of disturbed wetland, facing northeast..
Photograph 2. View of disturbed wetland, facing west.
Photopage 1 of 2

Kalas Falls
Photopage
February 14, 2024
CWS Project No. 2023-0107
Photograph 3. View of disturbed wetland, facing north.
Photopage 2 of 2

Kalas Falls
Attachments
February 14, 2024
CWS Project No. 2023-0107
ATTACHMENT G:
Corrective Action Plan

CAROLINA WETLAND SERVICES, INC.
550 E. Westinghouse Blvd.
Charlotte, NC 28273
704-527-1177 (office)
704-527-1133 (fax)
February 14, 2024
Tracey Davis
Carolina Region Asst. Stormwater Compliance Manager
D.R. HORTON
7208 Falls of Neuse Rd. I Suite 201
Raleigh, NC 27615
Subject: Corrective Action Plan
Kalas Falls
Wake County, North Carolina
CWS Project No. 2023-0107
Dear Ms. Davis,
Carolina Wetland Services, Inc. (CWS) has reviewed the permitted plans and impact figures for
the Kalas Falls and conducted a site visit to assess the completed impact area as part of the
regulatory compliance on the authorized Nationwide Permit.
Project History
The current General Permit Verification for Nationwide Permit No. 29 (NWP 29) was issued on
June 1, 2021 (SAW-2013-01899). The Section 401 Water Quality Certification and Buffer
Authorization were issued on May 24, 2021 and February 8, 2017 (21-0242 & 18-0052,
respectively).
The NWP 29 verification authorized 0.492 acre of permanent wetland impacts, 0.006 acre of
temporary wetland impacts, and 0.09 acre of temporary open water impacts.
Site Inspection - December 28, 2023
On December 28, 2023, Carolina Wetland Services, Inc. (CWS) scientists visited the project site
to review the ongoing site development activities. Based on this site visit, approximately 0.5
acre of scrub -shrub wetland has been cleared without authorization (Figure 1, next page). The
wetland has already been fenced and the construction activities within this area have been
seized. Photographs 1-3 are representative of the current site conditions.
NORTH CAROLINA - SOUTH CAROLINA
WWW.CWS-INC.NET
Page 1 of 3

Kalas Falls
Corrective Action Plan
February 14, 2024
CWS Project No. 2023-0107
Figure 1 - Unauthorized Wetland Impacts
�► 1 >0 1
FUND
1-nauthorized «•etland disturbance13
0.5 acre cleared scttib-shrtib wetland
- Needs to be restored
- See Photographs 1-3
� 23 26 1 3
A
Q 24 27 i� 1
30
2a
zs 28 3 p
p0 101 10107 10g1'i
1' no 1 m 112 113 ! fa
A summary of our recommendations are below.
1. CWS will file Clean Water Act Section 404/401 After -the -Fact permit application
for the 0.5 acre unauthorized temporary wetland impacts.
2. The disturbed wetland area will be replanted with native vegetation.
Vegetation planting plan
A planting plan will be utilized to restore the disturbed vegetation.
The area to be planted consists of two ones: 1) center, 2) outer zone. Native riparian
plant species such as silky dogwood (Comus amomum), black willow (Salix nigra),
elderberry (Sambucus canadensis) will be planted on the center/wettest portion of the
area (Zone 1, Photograph 3). The outer zone will be planted with species such as red
maple (Acer rubrum), and spicebush (Lindera benzoin) (Zone 2, Photographs 1 and 2).
Trees and shrubs will therefore be planted in naturalistic drifts at an average spacing of
10-foot centers.
Zone 1:
1. Silky dogwood (Corpus amomum) - Live stake 4' O.C.
2. Black willow (Salix nigra) -Live stake 4' O.C.
3. Elderberry (Sambucus canadensis) -Live stake 4' O.C.
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Kalas Falls
Corrective Action Plan
February 14, 2024
CWS Project No. 2023-0107
The following woody species (one gallon containerized) are recommended to be planted
within the outer
zone:
Zone 2:
Trees:
1.
Red maple (Acer rubrum)
2.
Swamp chestnut oak (Quercus michauxii)
3.
River birch (Betula nigra)
4.
American sycamore (Platanus occidentalis)
5.
Sugarberry (Celtis laevigata)
6.
Ironwood (Carpinus caroliniana)
7.
Box elder (Acer negundo)
8.
Persimmon (Diospyros virginiana)
9.
Willow oak (Quercus phellos)
Shrubs:
1.
Silky dogwood (Corpus amomum )
2.
Arrowwood (Viburnum dentatum)
3.
Elderberry (Sambucus canadensis)
4.
Spicebush (Lindera benzoin)
5.
Beauty berry (Callicarpa americana)
A minimum of six tree species and four shrub species should be selected to revegetate
the buffer area. Native plants with the same NWI classification rating may be substituted
due to availability. Native wetland/riparian seed mix will be broadcast over the restored
buffer areas using designer approved techniques.
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