20171314 Ver 2_Approval Letter_20181030

WaterResources
ENVIRONMENTAL QUALITY
t October 30, 2018
Kane Andrews Acquisition, LLC
Attn: John Kane
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULP'EPPER
Interim Director
.DWR #17-1314 v2
Wake County
4321 Lassiter at North Hills Avenue
Raleigh, NC 27609
Subject: APPROVAL OF 401 -WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
AUTHORIZATION CERTIFICATE PER THE NEUSE RIVER BASIN RIPARIAN BUFFER
PROTECTION RULES (1 SA NCAC 02B .0233)WITH ADDITIONAL CONDITIONS
North Hills II
Dear Mr. Kane:
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 October 15,2018 with
payment received on October 16, 2018. These impacts are covered by the attached Water
Quality General Certification Number 4134 and 4139 and the conditions listed below. This
certification is associated with the use of,Nationwide Permit Number 13 and,39 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 17-
1314 v2 replaces the 401 Water Quality Certification and Authorization Certificate for 17-1314
vi. dated November 14, 2017.
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.ncdenr.org/web/wq/aps
1628 Mail Service Center, Raleigh, NC 27699-1628 Phone: [phone]
Location: 3800 Barrett Drive, Raleigh, NC 27609 Fax: [phone]

North Hills II
DWR #17-1314 v2
401 AND BUFFER APPROVAL
Page 2 of 5
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Stream
S1 -Coffer Dam
0 (linear feet)
12 (linear feet)
S2 -Culvert
8 (linear feet)
0 (linear feet)
S3 -Stabilization
36 (linear feet)
0 (linear feet)
S4 -Construction Access
0 (linear feet)
63 (linear feet)
S5 -Stabilization
0 (linear feet)
80 (linear feet)
S6 -Coffer Dam
0 (linear feet)
12 (linear feet)
S7 -Stabilization
36 (linear feet)
0 (linear feet)
S8 -Culvert
108 (linear feet)
0 (linear feet)
S9 -Stabilization
36 (linear feet)
0 (linear feet)
Buffers — Zone 1
131 -Construction Access
0 (square feet)
30 (square feet)
62 -Road Crossing
3,243 (square feet)
0 (square feet)
134 -Construction Access
0 (square feet)
5,126 (square feet)
135-Stormwater discharge
630 (square feet)
0 (square feet)
136 -Greenway
1,513 (square feet)
0 (square feet)
137 -Road Crossing
10,557 (square feet)
0 (square feet)
Buffers — Zone 2
132 -Road Crossing
2,011 (square feet)
0 (square feet)
63 -Greenway
1,749 (square feet)
0 (square feet)
134 -Construction Access
0 (square feet)
3,487 (square feet)
66 -Greenway
1,168 (square feet)
0 (square feet)
137 -Road Crossing
5,751 (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 Raleigh and meet
the requirements of this Certification. The SMP may not be modified without prior written
authorization from the City of Raleigh. [15A NCAC 02H .0506(b)(3)]
3. 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. The written submission shall
contain a description of the noncompliance, and its causes; the period of noncompliance,

North Hills II
DWR #17-1314 v2
401 AND BUFFER -APPROVAL
Page 3 of 5
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.
4. 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: Mitigation shall,be provided for impact area B7 a, minimum of 60
days prior to construction within the specific impact location. For accounting, purposes, this
Authorization Certificate authorizes payment to Wildlands Engineering to; meet the
following compensatory mitigation requirement [15A NCAC 02H .0506;(b)(6)1,:
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 th'e i Pee -Construction ;Notification. All
construction activities, including the design, installation, operation, a,nd maintenance of
sediment and erosion control Best Management',P'ractices, shall be performed so that no
violations of state water quality. standards,'statut'es 'o;r rules,'occue. [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
g
warninfencing (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)]
7. This approval is for the purpose and"ldesign 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 chan;ge;'youe project, you must notify the Division and you may
'be required to submit a new applicatign 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;
Compensatory
Bank Sponsor
River-& Sub -basin Number
Mitigation Required
Buffers—
31,671 (square feet)
Wildlands Holding's II, LLC
Neuse: 03020201 -Not in
Zone 1
Falls Lake Watershed
Buffers—
8,626.5 (square feet)
Wildlands'Holdin'gs II, LLC
Neuse: 03020201 -Not in
Zone 2
Falls Lake Watershed
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 th'e i Pee -Construction ;Notification. All
construction activities, including the design, installation, operation, a,nd maintenance of
sediment and erosion control Best Management',P'ractices, shall be performed so that no
violations of state water quality. standards,'statut'es 'o;r rules,'occue. [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
g
warninfencing (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)]
7. This approval is for the purpose and"ldesign 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 chan;ge;'youe project, you must notify the Division and you may
'be required to submit a new applicatign 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;

North Hills II
DWR #17-1314 v2
401 AND BUFFER APPROVAL
Page 4 of 5
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 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 8:00am 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

North Hills II
DWR #17-1314 v2
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.
Sincerely,
DannySmith
Supervisor, Water Quality Regional Operations Section
Enclosure: GC 4134
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
Kevin Martin via e-mail at [e-mail]