20190382 Ver 1_Approval Letter_20190612

ROY COOPER
Goverrrar
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
June 7, 2019
Barbara S. Cummings
Royal Mark David King
7925 Lake Wheeler Road
Raleigh, NC 27603
NORTH CAROLINA
Environmental Quality
DWR #19-0382
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 028.0233) WITH ADDITIONAL CONDITIONS
Royal Creek
Dear Sir and Madam:
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 March 27, 2019 with
payment received on March 28, 2019 with additional information received on May 28, 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 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)] and15A NCAC
02B.0233(8)]
\ Nor Ih Girulitra Drpzjrtmrrtl of FoV4011I rn[al Lualiiy I Division Of %later Rei0W t.es
Raleigh Regiol;al Office � '18OU Barrett Drive Raleigh, North Carolina 27009
u.pn�r �.wcn..nw u�.r� �� 9197014200

Royal Creek
DWR #19-0382
401 AND BUFFER APPROVAL
Page 2 of 5
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Wetland
W1: Road Fill (Impact #2)
0.0033 (acres)
0.0058 (acres)
W2: Road Fill (Impact #3)
0.0123 (acres)
0.0136 (acres)
W3: Road Fill (Impact #4)
0.0415 (acres)
0.0100 (acres)
W4: Road Fill (Impact #6)
0.1850 (acres)
0.0400 (acres)
W5: Road Fill (Impact #8)
0.0610 (acres)
0.0160 (acres)
W6: Lot Fill (Impact #9)
0.0270 (acres)
0.0050 (acres)
W7: Road Fill (Impact #11)
0.0227 (acres)
0.0161 (acres)
W8: Road Fill (Impact #12)
0.0007 (acres)
0.0064 (acres)
Stream
Sl: Culvert (Impact #10)
82 (linear feet)
0 (linear feet)
S2: Construction Access (Impact #10)
0 (linear feet)
36 (linear feet)
Buffers - Zone 1
131: SCM Construction & Discharge (Impact #1)
254 (square feet)
0 (square feet)
B3: SCM Construction & Discharge (lmpact #7)
410 (square feet)
0 (square feet)
B4: Road Crossing (Impact #10)
7,509 (square feet)
0 (square feet)
Buffers - Zone 2
B1: SCM Construction & Discharge (Impact #1)
411 (square feet)
0 (square feet)
132: Storm Sewer Discharge (Impact #5)
405 (square feet)
0 (square feet)
133: SCM Construction & Discharge (impact #7)
471 (square feet)
0 (square feet)
84: Road Crossing (Impact #10)
6,402 (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. Visual monitoring of the unnamed tributary at Buffer Impact #1, 5 and 7 (131, B2 and 133)
shall be conducted immediately following installation of the culvert and quarterly
thereafter. Monitoring shall occur at least once a year during a rain event that results in
precipitation amounts of'/ inch or greater. Pictures shall be taken of the stream and
streambank conditions immediately upstream of the impact area and downstream of the
impact area during each monitoring event. If visual monitoring indicates that banks of the
unnamed tributary are exhibiting erosion or that the channel is significantly flooded during
precipitation events, the DWR Raleigh Regional Office (11110) shall be notified in writing.

Royal Creek
DWR #19-0382
401 AND BUFFER APPROVAL
Page 3 of 5
If visual monitoring conducted pursuant to the condition above indicates that the unnamed
tributary is overwhelmed, unstable, or that the banks of the unnamed tributary are
unstable, then the Permittee shall conduct a detailed analysis of the cause and propose a
resolution to DWR RRO. Upon approval by DWR RRO, the Permittee shall implement the
resolution accordingly.
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 a Statement of Availability letter from EBX-Neuse I, LLC Neuse Riparian
Buffer Umbrella Mitigation Bank (EBX-Neuse 1), RES Neuse Buffer and Nutrient Offset
Umbrella Mitigation Bank (RES) or EBX Upper Neuse Riparian Buffer Umbrella Mitigation
Bank (EBX) to meet this mitigation requirement. The specific bank site to be debited will be
Arrington Bridge I, Buffalo Branch, Selma Mill, Cedar Grove, Hatley, Ezell, Polecat, Hannah
Bridge, Meadow Spring, and Stone Creek all located in HUC 03020201. Also, The Division
has received a Statement of Availability letter from Restoration Systems, LLC. The specific
bank site to be debited will be Weaver Farm, Pancho, and Half Mile all located in HUC
03020201. Until the EBX-Neuse I, RES, EBX or 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 EBX-Neuse I, RES, or EBX to meet the following
compensatory mitigation requirement [15A NCAC 02H .0506 (b)(6)]:
5. 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,
including exact dates and times, if the noncompliance has not been corrected, the
Compensatory
Bank Sponsor
River & Sub -basin
Mitigation Required
Number
Buffer-
22,527.0 (square feet)
EBX-Neuse I, RES, EBX, or
03020201 -Not in Falls
Zone 1
Restoration Systems, LLC
Lake Watershed
Buffer-
10,210.5 (square feet)
EBX-Neuse I, RES, EBX, or
03020201 -Not in Falls
Zone 2
Restoration Systems, LLC
Lake Watershed
Total:
32,737.5 (square feet)
5. 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,
including exact dates and times, if the noncompliance has not been corrected, the

Royal Creek
DWR #19-0382
401 AND BUFFER APPROVAL
Page 4 of 5
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.
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)]
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 General Statute
1508 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 htto://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 DAH 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

Royal Creek
DWR #19-03$2
401 AND BUFFER APPROVAL
Page 5 of 5
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 [e-mail] if you have any questions or concerns.
Sincerely,
1
Karen Higgins
Supervisor, 401 & Buffer Permitting Branch
Enclosure: GC 4139
cc: U.S. Army Corps of Engineers; Raleigh Regulatory Field Office; 3331 Heritage Trade
Drive, Ste. 105; Wake Forest, NC 27597
DWR RRO 401 file
DWR 401 & Buffer Permitting Unit via Laserfiche
Barrett Blackburn via e-mail bbb(@cambridgepro2erties.com
Jennifer L. Robertson via e-mail [e-mail]