20190252 Ver 1_Approval Letter_20190410

ROY COOPER
Governor
MICHAEL S. BEGAN
Secreta: l
LINDA- CU LPEPPER.
Director
NORTH CAROLINA.
Environmental Quality
April 10, 2019
DWR #19-0252
Wake County
3500 Arthur Pierce, LLC
3308 Glenhope Court
Cary, NC 27511
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
AUTHORIZATION CERTIFICATE PER THE NEUSE RIVER BASIN RIPARIAN BUFFER
PROTECTION. RULES (15A NCAC 02B.02"33) WITH ADDITIONAL CONDITIONS
Corbinton Commons at Kildaire
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 February 25., 2019 and with payment received
on February 26, 2019. 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 pe'ri-nits 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 028
.0233(8)]
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Corbinton Commons at Kildaire
DWR #19-0252
401 AND BUFFER APPROVAL
Page 2 of 5
Type of Impact
Amount Approved (units)
Permanent
Amount Approved (units)
Temporary
Wetlands
Mitigation Required
W1: Fill
0.116 (acres)
0 (acres)
Buffers — Zone 1
Restoration Systems, LLC
03020201 -Not in Falls
B2 -Road Grading and Fill
660 (Square feet)
0 (square feet)
Buffers — Zone 2
Buffer-
3,247.5 (square feet)
B1 -Road Grading and Fill
0 (square feet)
889 (square feet)
132 -Road Grading and Fill
2,165 (square feet)
0 (square feet)
B3-Stormwater BMP Fill
1,725 (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 Cary and meet
the requirements of this Certification. The SMP may not be modified without prior written
authorization from the Town 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 Restoration Systems, LLC and Weaver Farm
Nutrient Mitigation Bank to meet this mitigation requirement. Until Restoration Systems,
LLC 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 Restoration Systems, LLC to
meet the following compensatory mitigation requirement [15A NCAC 02H .0506 (b)(6)]:
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
Compensatory
Bank Sponsor
River & Sub -basin
Mitigation Required
Number
Buffer-
1,980 (square feet)
Restoration Systems, LLC
03020201 -Not in Falls
Zone 1
Lake Watershed
Buffer-
3,247.5 (square feet)
Restoration Systems, LLC
03020201 -Not in Falls
Zone 2
Lake Watershed
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

Corbinton Commons at Kildaire
DWR #19-0252
401 AND BUFFER APPROVAL
Page 3 of 5
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, .
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 ofthe 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.0500. [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)]
8. 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.

Corbinton Commons at Kildaire
DWR #19-0252
401 AND BUFFER APPROVAL
Page 4 of 5
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

Corbinton Commons at Kildaire
DWR #19-0252
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,
Assistant 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
Julie Gavaghan via e-mail at [e-mail]
Chris Hopper via e-mail at [e-mail]