20072022 Ver 8_Approval Letter_20190826

ROY COOPER.
C,overrsor -
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
August 26, 2019
RREF II -FH NC Sierra, LLC
790 NW 107th Avenue, 4th Floor
Miami FL 33172
NORTH CAROLINA
Environmental Quality
DWR #07-2022 v8
Durham 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 .233) WITH ADDITIONAL CONDITIONS
Fendol Farms (formerly, known as Laurel Grove -Phase .1 and Sierra -Phase 1)
To Whom It May Concern:
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 February 20, 2010 with
payment received on February 26, 2019 with additional information received on. April 17 and
July 31, 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 18 and 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 401 Water
Quality Certification and, Authorization Certificate for DWR 07-2022 v8 replaces the 401
Water Quality Certification and Authorization Certificate for DWR 07-2022 v7 dated April 11,
2018.
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)]
Ip
*Dorfh Carollr)a Dep;artirc•rit of'Erivirw(rctital Quaiity I DivUeri of Water Resources i I
✓ RMeiq i Regional Offices ' 3800 Barrett Drive I Raleigh T to -tf� Ca -c Stit 27609
o�e�'s,�ivr�,,e 919.791.4200
it

Fendol Farms
DWR #07-2022 v8
401APPROVAL
Page 2 of 6
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Stream
S1: Sewer -Excavation (#113)
0 (linear feet)
31 (linear feet)
S2: Sewer -Excavation (#3C)
0 (linear feet)
54 (linear feet)
S3: Sewer -Excavation (#3F)
0 (linear feet)
36 (linear feet)
S4: Sewer -Excavation (#4B)
0 (linear feet)
32 (linear feet)
S5: Road Crossing -Culvert (#5)
139 (linear feet)
0 (linear feet)
S6: Road Crossing -Temporary
Construction (#5)
0 (linear feet)
105 (linear feet)
S7: Sewer -Excavation (#613)
0 (linear feet)
34 (linear feet)
S8: Road Crossing -Culvert (#7)
130 (linear feet)
0 (linear feet)
t77
S9: Fill/Diverted Stream (#7)
110 (linear feet)
0 (linear feet)
S9: Road Crossing -Temporary
Construction (#7)
0 (linear feet)
linear feet)
510: Road Crossing -Culvert (#8)
118 (linear feet)
0 (linear feet)
S11: Road Crossing -Temporary
Construction (#8)
0 (linear feet)
101 linear feet)
S12: Road Crossing -Culvert Extension
& Rip Rap Stabilization (#9)
57 (linear feet)
0 (linear feet)
S13: Stormwater BMP Bypass (#14)
46 (linear feet)
0 (linear feet)
Buffers — Zone 1
B1: Sanitary Sewer (#1A & 1C)
3,250 (square feet)
0 (square feet)
132: Sanitary Sewer (#1B)
1,881 (square feet)
0 (square feet)
133: Pedestrian Trail & Bridge (#1D)
264 (square feet)
0 (square feet)
134: BMP Bypass Channel (#2B)
361 (square feet)
0 (square feet)
136: Sanitary Sewer (#3B)
6,438 (square feet)
0 (square feet)
B7: Sanitary Sewer (#3C)
2,372 (square feet)
0 (square feet)
68: Pedestrian Trail & Bridge (#3D)
521 (square feet)
0 (square feet)
139: Sanitary Sewer (#3F)
1,874 (square feet)
0 (square feet)
B10: BMP Bypass Channel (#3A &3E)
1,187 (square feet)
0 (square feet)
B11: Sanitary Sewer (#4A & 4D)
6,382 (square feet)
0 (square feet)
B12: Sanitary Sewer (#413)
1,919 (square feet)
0 (square feet)
B13: Pedestrian Trail & Bridge (#4C)
253 (square feet)
0 (square feet)
B14: Road Crossing (#5)
14,561 (square feet)
0 (square feet)
B15: BMP Bypass Channel (#6A)
556 (square feet)
0 (square feet)
B16: Sanitary Sewer (#6B)
2,159 (square feet)
0 (square feet)
B17: Pedestrian Trail & Bridge (#6C)
261 (square feet)
0 (square feet)
B18: Sanitary Sewer (#7A)
28 (square feet)
0 (square feet)

Fendol Farms
DWR 407-2022 v8
401 APPROVAL
Page 3 of 6
B19: Road Crossing (#713)
13,852 (square feet)
0 (square feet)
B20: Road Crossing (#8)
11,384,(square feet),
0 (square feet)
B21: Road Widening -Culvert
Extension (#9)'
3,305 (square feet)
0 (square feet)
B22: Sanitary:Sewef (#10)
642 (sq,u'a(e feet)
0 (square feet)
B23: Sanitary Sewer; (#10)
229 (square feet)
0 (square feet)
1324:' Pedestrian Trail (#10)
50 (squ'arelfeet)
0"(square feet)
1325: BMP. Bypass Channel (#11)
596 (square,feet)
0 -(sq arefeet)
B26:;BMP' Bypass Channel (#12)
1,489 (square feet)
0; (square feet)
827:'BMP Bypass Channel (#13)
720 (square"feet)
6 (square feet)
1328 `BMP Bypass Channel (#14)
913 (square'feet)
0. (square feet),
Buffers — Zone' 2
131': Sanitary, Sewer (#1A & 1C)
12,049 (sq'uare feet)
0 (square feet)
132: Sanitary;Sew& (#113)
1,425 (sgluare.feet)
0 (square feet)
B3: Pedestrfan Trail'& Bridge (#1D)
440 (sg6a'r4feet)
0 (square feet)
134: BMP Bypass Channel (#213)
242 (square' feet)
.0 (square feet)
135: Pedestrian Trall'j#2A)
2,417 (sq,uare`feet)
0 (square feet)
136: Sanitary Sewer (#313)
6,777 (square'feet)
0 (square feet)
B7:,Sanitary,Sewer (#3C)
1,165 (squareifeet)
0 (square feet)
B8: Pedestri'ari,Trail & Bridge (#3D)
438 (squa4feet)
'0 (square feet),
810:' BMP Bypass Channel (#3A &3E)
851 (square;feet)
0 (square feet)
1311: Sanitary 5'ewer (#4A & 4D)
12,431 (s'quare feet)
0 (square feet)
B12: Sanitary Sewer (#4B) .'
1,326 (s'puare,!feet).
0 (square feet)
B13: Pedestrian Trail & Bridge (#4C),
60 (square feet)
0 (square feet)
B14: Road Crossing (#5)
8;766 (squarejfeet)
0 (square feet)
B15': BMP Bypass.Channel (#6A)
342 (square;; feet)
0 (square feet)'
B16: Sanitary Sewer (#613)
1,176 (squarel'feet)
0 (square feet)
B17: Pedestrian Trail & Bridge; (#6C)
122 (squar6 feet)
0 (square feet)
B18: Sanitary Sewer (#7A)
3,024 (squarelfeet)
0 (square feet)
B19: Road Crossing (#713)
7;555 (squa,re�feet)
0 (square feet)
B20: Road Crossing (#8)
7,212 (squa're:feet).
0 (square feet) .
B21: Road Widening -Culvert:,,
Extension (#9)
1,816 (s`quare',feet)
0 (square feet)
B22: Sanitary Sewer (410);
1,008 (SOU arelfeet)
.0 (square feet)
B23:'Sanitary Sewer (#10)! ;,
1,309 (squa,re'feet)
0 (square feet)
B25: BMP Bypass Channel (#111)
439 (square; feet)
0 (square feet)
B26: BMP Bypass Channel (#12)
729 (square' feet)
0 (square feet)
B27: BMP Bypass Channel (#'13)
428 (square' feet)
0 (square feet)
B28: BMP Bypass Channel (04)
779 (square feet)
0 (square feet)

Fendol Farms
DWR #07-2022 v8
401APPROVAL
Page 4 of 6
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 Holdings V, LLC and the Wolfe
Mitigation Bank Instrument to meet this mitigation requirement. Until Wildlands Holdings,
V, 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 Wildlands Holdings, V, LLC to
meet the following compensatory mitigation requirement [15A NCAC 02H .0506 (b)(6)]:
3. Stormwater Management Plan (SMP) Approval from Local Community Required
The stormwater management plan (SMP) must be approved by the City of Durham and
meet the requirements of this Certification. The SMP may not be modified without prior
written authorization from the City of Durham. [15A NCAC 02H .0506(b)(3)]
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. 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.
Compensatory Mitigation
Bank Sponsor
River & Sub -basin Number
Required
Stream
292 (linear feet)
NCEEP
Neuse 03020201
(Paid December 1, 2014)
Stream
272 (linear feet)
EBX
Neuse 03020201
(Paid August 4, 2015)
Riparian Buffer
133,023 (square feet)
EBX
Neuse 03020201
(Paid August 4, 2015)
Riparian Buffer
19,248 (square feet)
EBX
Neuse 03020201 -Falls Lake
(Paid January 23, 2018)
Watershed
Riparian Buffer
51,400.5 (square feet)
Wildlands
Neuse 03020201 -Falls Lake
Holdings, V, LLC
Watershed
3. Stormwater Management Plan (SMP) Approval from Local Community Required
The stormwater management plan (SMP) must be approved by the City of Durham and
meet the requirements of this Certification. The SMP may not be modified without prior
written authorization from the City of Durham. [15A NCAC 02H .0506(b)(3)]
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. 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.

Fendol Farms
DWR #07-2022 v8
401 APPROVAL
Page 5 of 6
5. Protective Fencing
The outside buffer, wetland or water boundary and along the construction corridor within
these. bound a ries 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)]-
6. this approval is for the purpose and design described in your application. The plans and
specification s,for this project are incorporated by reference as part of the Certification and
Buffer Authorization. If you change your project, you most 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 responsib'le,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 General Statute
1506 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'norrimal ,
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.
i
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
Fendol Farms
DWR #07-2022 v8
401APPROVAL
Page 6 of 6
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,
Rick Bolich, L.G.
Assistant Supervisor, Water Quality Regional Operations Section
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
Deborah Shirley at [e-mail]