20072022 Ver 6_Approval Letter_20180122

Water Resources
ENVIRONMENTAL QUALITY
January 22, 2018
RREF II -FH NC Sierra LLC
Attn: Aimee Carlson
ROY COOPER
Gave..
MICHAEL S. REGAN
seoeta,)
LINDA CULPEPPER
/n+erim Dwecror
DWR # 2007-2022 v6
Durham County
790 NW 10711 Ave, 411 floor
Miami, FL 33172
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
Fendol Farms (formerly known as Laurel Grove -Phase 1 and Sierra -Phase 1)
Dear Ms. Carlson:
You have our approval for the impacts listed below for the purpose described in your
application dated December 6, 2017, received by the Division of Water Resources (Division)
December 6, 2017. These impacts are covered by the attached Water Quality General
Certification Number 3890 and the Neuse River Basin Riparian Buffer Rules and the conditions
listed below. This Certification replaces Certification 2007-2022 v.4 issued on June 25, 2015.
This certification is being issued to approve modifications to the buffer impacts at Impact
Areas #36, #4, #5, #7, #8 and #10 previously approved in the Certification issued on June 25,
2015. 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 Neuse Buffer Rules 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 of North Carolina I Envronmenul Quality I Water Resources
1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919 807 6300

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Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Stream
0 (linear feet)
31 (linear feet)
Sewer (#1)
Stream
0 (linear feet)
46 (linear feet)
Sewer (#3A)
Stream
0 (linearfeet)
59 (linear feet)
Sewer (#36)
Stream
0 (linear feet)
32 (linearfeet)
Sewer (#4)
Stream
137 (linear feet)
10 (linear feet)
Road Crossing (#5)
Stream
0 (linear feet)
41 (linearfeet)
Sewer (#6)
Stream
262 (linearfeet)
0 (linearfeet)
Road Crossing (#7)
Stream
21 (linear feet)
0 (linear feet)
Fill/Diversion (#7)
Stream
115 (linearfeet)
0 (linearfeet)
Road Crossing (#8)
Stream
30 (linear feet)
0 (linear feet)
Road Crossing (#9)
Buffers—Zone 1
9,131 (square feet)
0 (square feet)
Sewer — Parallel (#1)
Buffers—Zone 2
11,294 (square feet)
0 (square feet)
Sewer— Parallel (#1)
Buffers —Zone 1
1,888 (square feet)
0 (square feet)
Sewer —
Perpendicular (#1)
Buffers—Zone 2
1,383 (square feet)
0 (square feet)
Sewer —
Perpendicular (#1)
Buffers —Zone 1
471 (square feet)
0 (square feet)
Trail (#1)
Buffers — Zone 2
0 (square feet)
0 (square feet)
Trail (#1)
Buffers—Zone 1
1,007 (square feet)
0 (square feet)
Bypass Channel (#2)
Buffers — Zone 2
897 (square feet)
0 (square feet)
Bypass Channel (#2)
Buffers—Zone 1
0 (square feet)
0 (square feet)

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Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Trail (#2)
Buffers — Zone 2
1,860 (square feet)
0 (square feet)
Trail (#2)
Buffers —Zone 1
0 (square feet)
0 (square feet)
Sewer — Parallel (#3A)
Buffers—Zone 2
1,137 (square feet)
0 (square feet)
Sewer — Parallel (#3A)
Buffers—Zone 1
1,810 (square feet)
0 (square feet)
Sewer —
Perpendicular (#3A)
Buffers —Zone 2
899 (square feet)
0 (square feet)
Sewer —
Perpendicular (#3A)
Buffers—Zone 1
557 (square feet)
0 (square feet)
Bridge & Trail (#3A)
Buffers —Zone 2
462 (square feet)
0 (square feet)
Bridge & Trail (#3A)
Buffers—Zone 1
6,364 (square feet)
0 (square feet)
Sewer — Parallel (#36)
Buffers —Zone 2
9,027 (square feet)
0 (square feet)
Sewer — Parallel (#3B)
Buffers—Zone 1
3,993 (square feet)
0 (square feet)
Sewer —
Perpendicular (#36)
Buffers — Zone 2
533 (square feet)
0 (square feet)
Sewer —
Perpendicular (#3B)
Buffers —Zone 1
0 (square feet)
0 (square feet)
Trail (#3B)
Buffers—Zone 2
408 (square feet)
0 (square feet)
Trail (#3B)
Buffers—Zone 1
6,525 (square feet)
0 (square feet)
Sewer — Parallel (#4)
Buffers — Zone 2
10,387 (square feet)
0 (square feet)
Sewer — Parallel (#4)
Buffers —Zone 1
1,916 (square feet)
0 (square feet)
Sewer —
Perpendicular (#4)
Buffers —Zone 2
851 (square feet)
0 (square feet)

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F—
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Sewer –
Perpendicular (#4)
Buffers–Zone 1
360 (square feet)
0 (square feet)
Bridge and Trail (#4)
Buffers – Zone 2
16 (square feet)
0 (square feet)
Bridge and Trail (#4)
Buffers –Zone 1
11,302 (squarefeet)
0 (square feet)
Road Crossing (#5)
Buffers – Zone 2
7,652 (square feet)
0 (square feet)
Road Crossing (#5)
Buffers –Zone 1
92 (square feet)
0 (square feet)
Sewer – Parallel (#6)
Buffers – Zone 2
793 (square feet)
0 (square feet)
Sewer — Parallel (#6)
Buffers—Zone 1
2,246 (square feet)
0 (square feet)
Sewer —
Perpendicular (#6)
Buffers — Zone 2
1,416 (square feet)
0 (square feet)
Sewer —
Perpendicular (#6)
Buffers—Zone 1
364 (square feet)
0 (square feet)
Trail (#6)
Buffers — Zone 2
11 (square feet)
0 (square feet)
Trail (#6)
Buffers—Zone 1
267 (square feet)
0 (square feet)
Bypass Channel (#6)
Buffers — Zone 2
0 (square feet)
0 (square feet)
Bypass Channel (#6)
Buffers — Zone 1
9,566 (square feet)
0 (square feet)
Road Crossing (#7)
Buffers—Zone 2
7,444 (square feet)
0 (square feet)
Road Crossing (#7)
Buffers—Zone 1
8,154 (square feet)
0 (square feet)
Road Crossing (#8)
Buffers — Zone 2
5,451 (square feet)
0 (square feet)
Road Crossing (#8)
Buffers—Zone 1
1,718 (square feet)
0 (square feet)
Road Widening (#9)
Buffers —Zone 2
2,681 (square feet)
0 (square feet)

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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. Mitigation must be provided for the proposed impacts as specified in the table below.
The Division understands that 292 feet of stream credits have been previously paid
(receipt dated December 1, 2014). The Division understands that 272 feet of stream
credits have been previously paid (receipt dated August 4, 2015). The Division
understands that 133,023 square feet of buffer credits have been previously paid
(receipt from RES dated August 4, 2015). In addition, the Division has received an
acceptance letter from EBX Upper Neuse Riparian Buffer Umbrella Mitigation Bank,
specifically the Cedar Grove, Hatley or Ezell bank sites to meet the mitigation
requirement for riparian buffers. Until EBX receives and clears your payment, and proof
of payment has been provided to this Office, no impacts specified in this Authorization
Certificate shall occur. For accounting purposes, this Authorization Certificate
authorizes payment to EBX to meet the following compensatory mitigation requirement
[15A NCAC 02H.0506 (b)(6)]:
Amount Approved
Amount Approved
Type of Impact
(units)
(units)
Stream
Permanent
Temporary
Road Widening (#9)
(paid December 2, 2014
Buffers —Zone 1
460 (square feet)
0 (square feet)
Sewer —
133,023 (square feet)
Neuse 03020201
Perpendicular (#10)
(paid August 4, 2015)
Buffers—Zone 2
2,148 (square feet)
0 (square feet)
Sewer—
Perpendicular (#10)
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. Mitigation must be provided for the proposed impacts as specified in the table below.
The Division understands that 292 feet of stream credits have been previously paid
(receipt dated December 1, 2014). The Division understands that 272 feet of stream
credits have been previously paid (receipt dated August 4, 2015). The Division
understands that 133,023 square feet of buffer credits have been previously paid
(receipt from RES dated August 4, 2015). In addition, the Division has received an
acceptance letter from EBX Upper Neuse Riparian Buffer Umbrella Mitigation Bank,
specifically the Cedar Grove, Hatley or Ezell bank sites to meet the mitigation
requirement for riparian buffers. Until EBX receives and clears your payment, and proof
of payment has been provided to this Office, no impacts specified in this Authorization
Certificate shall occur. For accounting purposes, this Authorization Certificate
authorizes payment to EBX to meet the following compensatory mitigation requirement
[15A NCAC 02H.0506 (b)(6)]:
Compensatory
River and Sub -
Mitigation Required
basin Number
Stream
565 (feet)
Neuse 03020201
(paid December 2, 2014
and August 4, 2015)
Riparian
133,023 (square feet)
Neuse 03020201
Buffer
(paid August 4, 2015)
Riparian
19,248 (square feet)
Neuse 3020201
Buffer

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4. You are required to provide one copy (hard copy or digital) of the approved SMP,
including plan details on full-sized plan sheets, with proof of the City of Durham's
approval. The approved SMP shall be submitted to the DWR 401 & Buffer Permitting
Unit (1617 Mail Service Center, Raleigh, NC 27699-1617) before any impacts authorized
in this certification occur. After it is approved and submitted to the Division, the SMP
may not be modified without prior written authorization from the City of Durham. If the
SMP is modified in the future, then you shall provide one modified SMP with proof of
approval to the DWR 401 & Buffer Permitting Unit prior to the commencement of the
modifications. [15A NCAC 02H .0506(b)(5)]
5. All stormwater must be directed and maintained as diffuse flow at non-erosive
velocities through the protected stream buffers such that it will not re -concentrate
before discharging into a stream. [15A NCAC 02H .0506(b)(5)]
6. 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]
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)]
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 provided in 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 8: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
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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 River Riparian Buffer Rules as described in 15A NCAC 02B .0233. Please contact Sue
Homewood at 336-776-9693 or [e-mail] if you have any questions or
concerns.
Sincerely,
Karen Higgins, Supervis
401 & Buffer Permitting Branch
cc: Deborah Shirley; Soil & Environmental Consultants, PA (via email)
USACE Raleigh Regulatory Field Office (via email)
DWR 401 & Buffer Permitting Branch file
DWR RRO
Filename: 072022v6FendolFarms(Durham)_401_GC_NBR