20160612 Ver 2_Approval Letter_20170517

I,Vawr Resources
ENV I'QOAad t.ta,*,, AL QUA 1',
May 17, 2017
Kirkpatrick & Associates, LLC
Attn: Mr. Matt Kirkpatrick
3715 Bridgeton Park Drive
Raleigh, NC 27612
ROY COOPER
N1IC'HALI- S. REGAN
S. JAS' ZININIF.IZNIAN
DWR # 16-0612 v2
Wake County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION NEUSE RIPARIAN BUFFER
IMPACTS WITH ADDITIONAL CONDITIONS
Bailey's Landing Phase IV
Dear Mr. Kirkpatrick:
You have our approval for the impacts listed below for the purpose described in your application
dated March 1, 2017, received by the Division of Water Resources (Division) on March 8, 2017.
These impacts are covered by the attached Water Quality General Certification Number 4092 /
Buffer Rules and the conditions listed below. This Certification replaces the Certification issued
on August 9, 2016. This certification is associated with the use of Nationwide Permit Number 29
once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should get any
other federal, state or local permits before proceeding with your project, including those
required by (but not limited to) Sediment and Erosion Control, Non -Discharge, and Water Supply
Watershed regulations.
This approval requires you to follow the conditions listed in the enclosed certification(s) or
general permit 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 Rule are met. No other impacts are
approved, including incidental impacts. [15A NCAC 02H .0506(b) and/or (c)] and 15A
NCAC 02B.0233(8)]
State ol'North Carolina I Environmental Quality i Water Resources
1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919 807 6300

Kirkpatrick & Associates, LLC
DWR# 16-0612 v2
Page 2 of 4
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved (units)
Temporary
Stream
Site 1— Cluvert (Stream A)
126 (linear feet)
0 (linear feet)
Site 2 — Riprap (Stream A)
18 (linear feet)
0 (linear feet)
Site 3 — Temp Crossing
(Stream B)
0 (linear feet)
20 (linear feet)
404/401 Wetlands
Site 1
0.138 (acres)
0 (acres)
Site 2
0.016 (acres)
0 (acres)
Buffers — Zone 1
Site 1
5,945 (square feet)
0 (square feet)
Site 2
0 (square feet)
1,200 (square feet)
Buffers — Zone 2
Site 1
3,629 (square feet)
0 (square feet)
Site 2
0 (square feet)
800 (square feet)
2. 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. All rip -rap shall be placed such that the original stream elevation and streambank
contours are restored and maintained. 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 in a manner that precludes aquatic life passage. [15A NCAC 02H .0506(b)(2)]
4. All wetlands, streams, surface waters, and riparian buffers located within 50 feet of the
construction area on the project site shall be clearly marked (example- orange fabric
fencing) prior to any land disturbing activities and must be maintained on the property
until the project phase is completed. [15A NCAC 02H .0506 (b)(2) and (c)(2) and 15A
NCAC 02H .0507 (c)]
5. A Stormwater Management Plan (SMP) as revised on plan sheet C3.0 and received by the
Division on May 11, 2017 is being used to meet diffuse flow requirements. Before any
impacts authorized in this certification occur, the SMP must be approved by Wake
County. After it is approved, the SMP may not be modified without prior written
authorization from Wake County prior to the commencement of the modifications.
[15A NCAC 02H .0506(b)(5)]

Kirkpatrick & Associates, LLC
DWR# 16-0612 v2
Page 3 of 4
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 [phone] 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 B:OOam and S:OOpm, excluding official state
holidays).
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 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
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 02B .0233. Please contact Jennifer
Burdette at 919-807-6364 or [e-mail] if you have any questions or
concerns.
Sincerely,
�Wx\ c�
Karen Higgins, Supervisor
401 & Buffer Permitting Branch

Kirkpatrick & Associates, LLC
DWR# 16-0612 v2
Page 4 of 4
Enclosures: GC 4092
cc w/out enclosures: Anna Reusche, Timmons Group (via [e-mail])
USACE Raleigh Regulatory Field Office
DWR 401 & Buffer Permitting Branch file
Filename: 160612v2BaileysLandingPhlV(Wake)_401_GC_NRB.docx