20180672 Ver 1_Approval Letter_20180628

WaterResources
ENVIRONMENTAL QUALITY
June 28, 2018
,Carl Edwin Falco
7829 Saint Anises Way
FuquayyVarina, NC 27526
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Interim Director
DWR #18=0672
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
Stonecreek
Dear Mr. Falco:
You have our approval for the impacts listed below for the purpose described in your
application received by the Division of Water Resources (Division)'on May 16, 2018 with
payment received on May 17, 2018 and additional information received on June 13, 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 approval requires you to follow 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 met. No other impacts are
approved, including incidental impacts. [15A NCAC 021 .0506(b)(c) and 15A NCAC 02B
.0233(8)]
Division of Water Resources, Raleigh Regional Office, Water Quality Operations Section http://portal.ncdenr.org/web/wq!aps
1628 Mail Set -Vice Center, Raleigh, NC 27699-1628 Phone: [phone]
Location: 3800 Barrett Drive, Raleigh, NC 27609 Fax: [phone]

Stonecreek
DWR #18-0672
401 AND BUFFER APPROVAL
Page 2 of 5
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Wetland
W1 -Utility Crossing
0.015 (acres)
0 (acres)
W2 -SCM Discharge
0.013 (acres)
0 (acres)
W3 -Road Fill
0.171 (acres)
0 (acres)
W4 -Road Fill
0 (acres)
0.021 (acres)
W5 -Utility Crossing
0.016 (acres)
0 (acres)
W6 -Utility Crossing
0.057 (acres)
0 (acres)
W7 -Road Fill
0.003 (acres)
0 (acres)
W8 -Road Fill
0 (acres)
0.001 (acres)
Stream
S1 -Utility Crossing
0 (linear feet)
40 (linear feet)
Buffers —Zone 1
B1 -Utility Crossing
2,448 (square feet)
0 (square feet)
B2 -Utility Crossing -Perpendicular
1,311 (square feet)
0 (square feet)
B3 -SCM Discharge
631 (square feet)
0 (square feet)
B5 -SCM Discharge
475 (square feet)
0 (square feet)
136 -Utility Crossing
2,149 (square feet)
0 (square feet)
B7 -SCM Discharge
669 (square feet)
0 (square feet)
Buffers — Zone 2
B1 -Utility Crossing
1,721 (square feet)
0 (square feet)
B2 -Utility Crossing/Perpendicular
2,338 (square feet)
0 (square feet)
B3 -SCM Discharge
421 (square feet)
0 (square feet)
B4 -SCM Grading
1,918 (square feet)
0 (square feet)
B5 -SCM Discharge
648 (square feet)
0 (square feet)
B6 -Utility Crossing
1,286 (square feet)
0 (square feet)
B7 -SCM Discharge
425 (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 Town of Fuquay-Varina
and meet the requirements of this Certification. The SMP may not be modified without
prior written authorization from the Town of Fuquay-Varina. [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 a Statement of Availability letter from EBX-Neuse I, LLC or EBX to meet
this mitigation requirement. The specific bank site to be debited will be Arrington Bridge I,
Arrington Bridge II, Buffalo Branch, Selma Mill, Cedar Grove, Hatley, or Ezell, all located in
HUC 03020201. Until the EBX-Neuse I, LLC or EBX receives and clears your payment, and

Stonecreek
DWR #18-0672
401 AND BUFFER APPROVAL
Page 3 of 5
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 the EBX to meet the following compensatory mitigation requirement
[15A NCAC 02H .0506 (b)(6)]:
4. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any,kind shall occur in Wetl'ands, 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,j 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 visibility material) for the,: areas that have been approved to
infringe within the buffer, we or water prior to any Iand disturbing activities to ensure
compliance with 15 NCAC 02H.0500. [15A NCAC 021-1.05 : 0 1 6 (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 letter 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. 143-215.5]
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 may be obtained from the
OAH at.http://www.ncoah.com/ or by calling the OAH Clerk's Office at [phone] for
information.
Compensatory
Bank Sponsor
River & Sub -basin Number
Mitigation Required
Buffer-Zone1
3,933 (square'feet)
EBX-Neuse I; LLC1
03020201 -Not in Falls. Lake
or EBX
Watershed
4. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any,kind shall occur in Wetl'ands, 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,j 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 visibility material) for the,: areas that have been approved to
infringe within the buffer, we or water prior to any Iand disturbing activities to ensure
compliance with 15 NCAC 02H.0500. [15A NCAC 021-1.05 : 0 1 6 (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 letter 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. 143-215.5]
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 may be obtained from the
OAH at.http://www.ncoah.com/ or by calling the OAH Clerk's Office at [phone] for
information.

Stonecreek
DWR #18-0672
401 AND BUFFER APPROVAL
Page 4 of 5
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 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 by First Class Mail
via the US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
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

Stonecreek
DWR #18-0672
401 AND BUFFER APPROVAL
Page 5 of 5
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 st9phanie.gos ncdenr. ov if you have any questions or concerns.
Sincer ly,
Gt i/ �
Danny Sm.
Supervisor, Water Quality Regional Operations Section
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
Chris Raughley via e-mail at chris.rau ley puite�,roo .com
Deborah Shirley via e-mail at dshirley2sandec.com