20180837 Ver 1_Approval Letter_20180814

ROY COOPER
Governor
"1.a3
MICHAEL S. REGAN
Secretory
LINDA CULPEPPER
Water Resources Interim Director
ENVIRONMENTAL QUALITY,
August 14, 2018
DWR #18-0837
Wake County
Town, of Wake Forest
Attn: Holly Miller
301 S. Brooks Street
Wake Forest, NC 27587
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
AUTHORIZATION CERTIFICATE PER THE NEUSE RIVER BASIN. RIPARIAN BUFFER
PROTECTION RULES (15A NCAC 026.0233) WITH ADDITIONAL'COND.ITIONS
Austin Ridge Parkway Extension
Dear Ms. Miller:
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 June 18, 2018, payment
received on June 19, 2018"and additional information received.on August 9, 2018. These
impacts are covered by the attached Water -Quality General Certification Number 4135 and the
conditions listed below. This certification. is associated with the use of Nationwide Permit
Number. 14 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 02B .0506(b.)(c) and 15A NCAC 02B
.0233(8)]
Division of Water Resources, Raleigh Regional Office, Water Quality Operations Section http://portal.ncdeiir.org/web/wq/aps
1628 Mail Service Center, Raleigh, NC 27699-1628 Phone: [phone]
Location: 3800 Barrett Drive, Raleigh, NC 27609 Fax: [phone]

Austin Ridge Parkway Extension
DWR #18-0837
401 AND BUFFER APPROVAL
Page 2 of 5
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Wetland
Mitigation Required
W1 -Road Crossing -Fill
0.29 (acres)
0 (acres)
Stream
EBX-Neuse I, LLC
03020201 -Not in Falls Lake
S1 -Road Crossing/Culvert
77 (linear feet)
0 (linear feet)
S2-Riprap Dissipator
64 (linear feet)
0 (linear feet)
S3 -Road Crossing -Construction Corridor
0 (linear feet)
12 (linear feet)
Buffers — Zone 1
or EBX
Watershed
131 -Road Crossing (J)
7,328 (square feet)
0 (square feet)
B2 -Road Crossing (B)
8,748 (square feet)
0 (square feet)
Buffers — Zone 2
B1 -Road Crossing (J)
4,387 (square feet)
0 (square feet)
B2 -Road Crossing (B)
3,136 (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 Wake Forest
and meet the requirements of this Certification. The SMP may not be modified without
prior written authorization from the Town of Wake Forest. [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
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)]:
Compensatory
Bank Sponsor
River & Sub -basin Number
Mitigation Required
Buffer-Zone1
1,446 (square feet)
EBX-Neuse I, LLC
03020201 -Not in Falls Lake
or EBX
Watershed
Buffer -Zone 2
3,034.5 (square feet)
EBX-Neuse I, LLC
03020201 -Not in Falls Lake
or EBX
Watershed

Austin Ridge Parkway Extension
DWR #18-0837
401 AND BUFFER APPROVAL
Page 3 of 5
L
4. The permittee shall. report to the'Raleigh Regional Office any noncompliance with this
certification, any violation of stream or wetland standards [15A NCAC 02B .0200] including
but not limited to sediment impacts, and any.violation of'state regulated riparian buffer
rules [15A NCAC 02B .0200]. Information shall be provided orally within 24 hours (or the
next business day if a'weekend or holiday) from the time the applicant became.aware of the
circumstances. A written submission shall also be provided within 5 business days of the
time the applicant becomes aware of the circumstances.-Th'e written submission shall
contain a- description, of the.noncompliance, and its causes; the period of noncompliance,
including exact dates;and times, if the noncompliance has not:been corrected, the
anticipated time • compliance is expected to continue; and steps taken or planned to reduce,
eliminate, and prevent reoccurrence of the noncompliance. The Division may waive the
written submission requirement on a case-by-case basis.
5. 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]
6. 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 .05.00. ; [15A NCAC 02H .0506 (b)(2). and (c)(2) and 15A NCAC
02H .0507 (c)]
7., 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)]
i
8. 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://wwwincoah.com/ or by calling the OAH Clerk's Office at (919)'431-3000 for

Austin Ridge Parkway Extension
DWR #18-0837
401 AND BUFFER APPROVAL
Page 4 of 5
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 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

Austin Ridge Parkway Extension
DWR #18-0837
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 [e-mail] if you have any questions or concerns.
nce eIy,
a7ith
Danny S
Supervisor, Water Quality Regional Operations Section
Enclosure: GC 4135
cc: U.S. Army Corps of Engineers; Raleigh Regulatory Field Office; 3331 Heritage Trade
Drive, Ste. 105; Wake Forest, NC 27597
DWR RRO 401/Riparian Buffer file
DWR 401 & Buffer Permitting Unit via Laserfiche
Deborah Shirley via e-mail at [e-mail]