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March 6, 2017
WS-TWF Development, LLC
Attn: Mr. John P. Meyers
7208 Falls of Neuse Road, Ste 101
Raleigh, NC 27615
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MICHAEL. S. REGAN
S. JAY ZIMMI RMAN
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DWR # 00-0783 v5
Wake County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION AND NEUSE RIPARIAN BUFFER
IMPACTS WITH ADDITIONAL CONDITIONS
Traditions Subdivision — Phases 2B, 2C & 2D
Dear Mr. Meyers:
You have our approval for the impacts listed below for the purpose described in your application
dated January 17, 2017, received by the Division of Water Resources (Division) on January 17,
2017, with subsequent information on February 15 and 28, 2017. These impacts are covered by
the attached Water Quality General Certification Number 3890 / Buffer Rules and the conditions
listed below. This certification is associated with the use of Nationwide Permit Number 29 once
it is issued to you by the U.S. Army Corps of Engineers. Please note that you should get any
other federal, state or local permits before proceeding with your project, including those
required by (but not limited to) Sediment and Erosion Control, Non -Discharge, and Water Supply
Watershed regulations.
This approval requires you to follow the conditions listed in the enclosed certifications) or
general permit and the following additional conditions:
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. Impacts in this permit shall be cumulative with
132 linear feet of permanent perennial stream impact and 400 linear feet of permanent
intermittent stream impact completed under General Certification # 3704 and #3705
issued on May 21, 2010. [15A NCAC 02H .0506(b)] and 15A NCAC 02B.0233(8)]
State ol'North Carolina Environmental Quality j Water Resources
1617 Mail Service Center i Raleigh, North Carolina 27699-1617
919 807 6300
WS-TWF Development, LLC
DWR# 00-0783 v5
Page 2 of 4
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved (units)
Temporary
Stream
Site 1—
Impact #3
138 (linear feet)
62 (linear feet)
Site 2
— Impact #7A
0 (linear feet)
30 (linear feet)
Site 3
— Impact #7B
0 (linear feet)
30 (linear feet)
Stream Total
138 (linear feet)
60 (linear feet)
Buffers —
Zone 1
Site 1—
Impact #1
385 (square feet)
0
(square feet)
Site 2
— Impact #2
665 (square feet)
0
(square feet)
Site 3
— Impact #3
7,842 (square feet)
0
(square feet)
Site 4
— Impact #4
748 (square feet)
0
(square feet)
Site 5
— Impact #5A
1,285 (square feet)
0
(square feet)
Site 6
— Impact #5B
239 (square feet)
0
(square feet)
Site 7
— Impact #6
96 (square feet)
0
(square feet)
Site 8
— Impact #7A
1,878 (square feet)
0
(square feet)
Site 9
— Impact #7B
1,761 (square feet)
0
(square feet)
Buffers —Zone
2
Site 1—
Impact #1
211 (square feet)
0
(square feet)
Site 2
— Impact #2
786 (square feet)
0
(square feet)
Site 3
— Impact #3
4,947 (square feet)
0
(square feet)
Site 4 — Impact #4
578 (square feet)
0
(square feet)
Site 5
— Impact #5A
2,276 (square feet)
0
(square feet)
Site 6
— Impact #513
1,704 (square feet)
0
(square feet)
Site 7
— Impact #6
632 (square feet)
0
(square feet)
Site 8
— Impact #7A
2,628 (square feet)
0
(square feet)
Site 9
— Impact #7B
2,815 (square feet)
0
(square feet)
Note: Stream impacts #4-5 were eliminated during 401 WQC review.
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/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(s)/Permit/Authorization and is responsible for complying with all
conditions. [15A NCAC 02H .0507(d)(2)]
3. Mitigation must be provided for the proposed impacts as specified in the table below.
The Division has received an acceptance letter from EBX Neuse, LLC for the Neu -Con
Wetland & Stream Umbrella Mitigation Bank and EBX-EM, LLC Forrest Creek Mitigation
Bank to meet this mitigation requirement from the Buffalo Branch and Forrest Creek UT-
WS-TWF Development, LLC
DWR# 00-0783 v5
Page 3 of 4
2 sites. Until the Neu -Con Wetland & Stream Umbrella and Forrest Creek Mitigation
Banks receive and clear your payments, and proof of these payments have been provided
to this Office, no impacts specified in this Authorization Certificate shall occur. For
accounting purposes, this Authorization Certificate authorizes payment to the Neu -Con
Wetland & Stream Umbrella and Forrest Creek Mitigation Banks to meet the following
compensatory mitigation requirement [15A NCAC 02H .0506 (b)(6)]:
4. The SMP approved by the Town of Wake Forest on February 16, 2017 meets the
requirements of the 401 Certification Program. The SMP may not be modified without
prior written authorization from the Town of Wake Forest. If modified, a digital copy of
the approval letter and modified SMP shall be submitted via the following website prior
to the commencement of the modifications:
https://edocs.deg.nc.gov/Forms/Supplemental-Information-Form [15A NCAC 02H
.0506(b)(5)]
This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]
This Certification/Buffer Authorization can be contested as provided in Articles 3 and 4 of General
Statute 150B by filing a written petition for an administrative hearing to the Office of
Administrative Hearings (hereby known as OAH) within sixty (60) calendar days.
A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH
Clerk's Office at (919) 431-3000 for information. 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:OOam and S:OOpm, excluding official state
holidays).
The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of
the petition along with any applicable OAH filing fee is received by the OAH within five (5)
business days following the faxed transmission.
Mailing address for the OAH:
If sending via US Postal Service
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
If sending via delivery service (UPS, FedEx,
etc):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285
Compensatory Mitigation
River and Sub -
Required
basin Number
Stream
138 (feet)
Neuse
03020201
4. The SMP approved by the Town of Wake Forest on February 16, 2017 meets the
requirements of the 401 Certification Program. The SMP may not be modified without
prior written authorization from the Town of Wake Forest. If modified, a digital copy of
the approval letter and modified SMP shall be submitted via the following website prior
to the commencement of the modifications:
https://edocs.deg.nc.gov/Forms/Supplemental-Information-Form [15A NCAC 02H
.0506(b)(5)]
This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]
This Certification/Buffer Authorization can be contested as provided in Articles 3 and 4 of General
Statute 150B by filing a written petition for an administrative hearing to the Office of
Administrative Hearings (hereby known as OAH) within sixty (60) calendar days.
A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH
Clerk's Office at (919) 431-3000 for information. 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:OOam and S:OOpm, excluding official state
holidays).
The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of
the petition along with any applicable OAH filing fee is received by the OAH within five (5)
business days following the faxed transmission.
Mailing address for the OAH:
If sending via US Postal Service
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
If sending via delivery service (UPS, FedEx,
etc):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285
WS-TWF Development, LLC
DWR# 00-0783 v5
Page 4 of 4
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
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 .0233. Please contact Jennifer
Burdette at 919-807-6364 or jennifer.burdette@ncdenr.gov if you have any questions or
concerns.
Sincerely,
Karen Higgins, Superviso
401 & Buffer Permitting Branch
Enclosures: GC 3890
cc: Deborah Edwards Shirley, Soil & Environmental Consultants, PA (via
dshirley@sandec.com)
USACE Raleigh Regulatory Field Office
DWR 401 & Buffer Permitting Branch file
Filename: 000783v5TraditionsSDPh2B-D(Wake)_401_GC_NEU.docx