20180152 Ver 2_Approval Letter_20180525

Water Resources
ENVIRONMENTAL QUALITY
May 25, 2018
Arroyo Capital I, LLC
Attn: Leigh Austin
100 W. Broadway, Suite 680
Long Beach, CA 90802-4463
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Interim Director
DWR #18-0152 v2
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
Ferrell Farm
To Whom It'May Concern:
You have our approval for the impacts listed below for the purpose described in your received
by the Division .of Water Resources (Division) on April 20, 2018 and with payment received on
April 20, 2018. These impacts are covered by the attached Water Quality General Certification
Number 4139 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 401 Water Quality Certification
and Authorization Certificate for DWR 18-0152 v2 replaces'the 401 Water Quality
Certificatidn.and Authorization Certificate for 18-0152 v1 dated March 91 2018.
This approval requires you to fallow 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 meta 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://portil.ncdetir.org/web/-,Vq/,ips
1628 Mail Service Center, Raleigh, NC 27699-1628 ' Phone: [phone]
Location: 3800 Barrett Drive, Raleigh, NC 27609 ' Fax: [phone]

Ferrell Farm
DWR #18-0152 v2
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
0.395 (acres)_
0 (acres)
Stream
Wild lands. Holdings, II; LLC
03020201 -Not in Falls
S1 -Culvert
107 (linear feet)
0 (linear feet)
S27D'ewatering
0 (linear feet)
19 (linear feet)
Buffers — Zone 1
03020201 -Not in Falls
B1 -Road Crossing
12,944 (square feet)
0 (square feet)
B2 -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
B1 -Road Crossing: ! ''
5,880 (square feet)
0 (square feet)
B27Sewer Relocation
1,686 (square feet)
0 (square feet)
B3 -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 aSMP may not be modified without prior Written
authorization from the City of Cary. [15A N,CA'C 02H .0506(b)(3)]
.3. .Compensatory Mitigation Using a Private Mitikation Bank
Mitigation musf_.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
38,832 (square feet)
Wild lands. Holdings, II; LLC
03020201 -Not in Falls
Lake Watershed
Buffer -Zone 2
8,820 (square feet)
Wildlands Holdings, II, LLC
03020201 -Not in Falls
Lake Watershed

Ferrell Farm
DWR #18-0152 Q
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 mai.ntenance,of
sediment and erosion control Best Management Practices, shall'be perform`ed'so, that no
violations of state water quality standards, statutes, or rules occur. [15A NCAC'02H .0501
and .0502]
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 024 .0506 (b)(2),and (c)(2) and 15A NCAC
02H .0507 (c)]
6. 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 Fetter and General Certification
and is responsible for complying with all conditions. [15A NCAC 02B .0507(d)(2)]
7. This approval and its conditions are final and binding unless contested. [G.S. 143-215.51
This Certification and 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). :A petition.form maybe 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).
The petition may befaxed 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
Ferrell Farm
DWR #18-0152 v2
401 AND BUFFER APPROVAL
Page 4 of 5
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 stWh Th
ie.goa�('@ncdenr.gov if you have any questions or concerns.
Sincerel ,
i
Danny Smi
Supervisor, Water Quality Regional Operations Section

Ferrell Farm
DWR #18-0152 v2
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/Riparian Buffer file
DWR 401 & Buffer Permitting Unit via Laserfiche
Sean Clark via e-mail at sclark!2sageecological.co