20180152 Ver 1_Approval Letter_20180309

Water Resources
ENVIRONMENTAL QUALITY
March 9, 2018
ROY COOPER
Governor
MICHAEL S. REGAN
Secretag
LINDA CULPEPPER
buerinfDirector
DWR #18-0152
Wake County
Arroyo Capital I, LLC
Attn: Leigh Austin
100 W. Broadway, Suite 680
Long Beach, CA 90802-4463
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
Ferrill Farm
To Whom It May Concern:
You have our approval for the.impacts listed below -for the purpose described in your V
application dated-January=3q; 201&and:'r'eceived.by the Division of Water Resources ('Division)
on January 30, 2018. These impacts are;, covered by the attached Water Quality General
Certification Number 4139 and thelcoridiitions 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; inclu',din "i,those required by (but not firoited to) Sediment and
Erosion Control, Non -Discharge; and Water Supply Watershed regulations.
This approval requires you to follow:tl e'conditions listed inthe enclosed certification and the
following additional conditions:
1. The:following impacts are h;erdb;y '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;m�,pacts. [15A NCAC 0213.0506(b)(c) and 15A NCAC 02B
.0233(8)]
Division of C'r'ater Resources, Raleigh Regional Office, Stater Quality Operations Section http://portal.ncdenr.org/web'lwq?aps
1628 Mail,Service Center, Raleigh, NC 27699=,1628 Phone: [phone]
Location: 3800 Barrett Drive, Raleigh, NC 27609 Fax: [phone]

Ferrill Farm
DWR #18-0152
401 AND BUFFER APPROVAL
Page 2 of 5
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved .
(units)
Temporary
Wetland
Mitigation Required
W1 -Fill Excavation
0.34 acres
0 acres
Stream
Wildlands Holdings II, LLC
03020201 -Not in Falls
S1 -Culvert
107 (linear feet)
0 (linear.feet)
S2 -Dewatering
0 (linear feet)
19 (linear feet)
Buffers — Zone 1
B1 -Road Crossing
12,836 (squa,re feet)
0 (square feet)
132 -Sewer Relocation
1,462 (square feet)
0 (square feet)
B3 -Sewer Removal
0 (square.feet)
1,037 (square feet)
B4 -Sewer Connection
158 (square feet)
0 (square feet)
Buffers — Zone 2
131 -Road Crossing
4,898 (square feet)
0 (square feet)
B2 -Sewer Relocation
1,686 (square feet)
0 (square feet)
133-Sewer'Removal
0 (square feet)
361 (square feet)
B4 -Sewer Connection
745 (square feet)
0 (square feet)
B5 -Sewer Connection
242 (square feet)
0 (square feet)
2. Stormwater Management Plan (SMP) Approval from Local Community Required
The stormwater management plan (SMP) must be approved by the City of Cary and meet
the requirements of this Certification. The'SMP may not be modified without prior written .
authorization from the City of Cary. [15A NCAC 02H .0506(b)(3)] "
3. 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 an acceptance letter from Wildlands Engineering:to meet this
mitigation requirement. Until Wildlands Engineering 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.Wildlands Engineering to meet the following compensatory
mitigation requirement [15A NCAC 02H .0506 (b)(6)]:
Compensatory
Bank Sponsor
River & Sub -basin
Mitigation Required
Number
Buffer -Zone 1 & 2
45,855 (square feet)
Wildlands Holdings II, LLC
03020201 -Not in Falls
Lake .Watershed

Ferrill Farm
DWR #18=0152
401 AND BUFFER APPROVAL
Page 3 of 5 .
4. 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]
5. 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.Visi'bility 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 .0500.1,.[15A NCAC 02H .05.06 (4)(2) and (c)(2) and 15A NCAC
02H .0507 (c)] III-
c
W
This approval is for. the purpose
specifications, for, this project ar
Buffer Authorization. If you cha
be required to submit a new a'pl
sold, the:new owner must be gig
and is responsible ;for complying
7. This approval and its conditions
This. Certification and Buffer Author
General Statute 150B by filing a writ
Administrative Hearings, (hereby kni,
OAH.at'http://www.ncoah.com/ or,
information.
Within sixty (60) calendar days of rf
OAH. A petition is.considered filed
applicable OAH filing fee is received
Friday between 8:00am and 5:00prr
The petition may be faxed to the 0
the petition along with any applica
business days following the faxed t
Mailing address for the,OAH:
nd"design described in your application. The plans and
,in'corporated by reference as part of the Certification and
ge'"your project, you must notify the Division and you may
ication package with the appropriate fee. If the property is
2,64copy of this approval letter and General Certification
with "all conditions. [15A NCAC 02B .0507(d)(2)]
are„final and binding unless contested.
[G.S. 143-215.51
on can be contested as provided in Articles 3 and 4 of
!petition for an administrative hearing to the Office of
�'as OAH). A petition form may be obtained from the
;.
:ailing the OAH Clerk's Office at [phone] for
t of this notice, a petition must, -be file,&with,the.
the original and one (1) copy along with, any
eOAH during normal office hours (Monday through
luding'official state holidays).
,[phone], provided the original and one copy of
M filing fee is received by the OAH within. five (5) .
ission.

If sending by First Class Mail
via the US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Ferrill Farm
DWR #18-0152
401 AND BUFFER APPROVAL
If sending via delivery service
(e.g. UPS, FedEx):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285
Page 4 of 5
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.
Sincerely,
Danny Smith
Supervisor, Water Quality Regional Operations Section

Ferrill Farm
DWR #18-0152
401 AND BUFFER APPROVAL
Page 5, of 5
Enclosure: GC 4139
cc: U.S. Army Corps of Engineers; Raleigh Regulatory Field Office; 3331 Heritage Trade Dr.,
.Ste. 105; Wake Forest, NC 27597
DWR RRO 401/Rip6rian Buffer file
DWR 401 & .Buffer Permitting Unit via Laserfiche
Sean Clark via e-mail at [e-mail]
Bob Mishler via e-mail at [e-mail]