20171352 Ver 1_Approval Letter_20171130

ROY COOPER
Governor
fc�
MICHAEL S. REGAN
Secretary
Water Resources
ENVIRONMENTAL. QUALITY L'IND'A CLILP EPP ER
/nterim Director
November 30, 2017
DWR #17-1352
Granville County
James E. Averett Jr.
3519 B. Hwy 96
Oxford, NC 27565
John P. Averett
3011 Preddy Road
Franklinton, NC 27525
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
AUTHORIZATION CERTIFICATE PER THE NEUSE RIVER BASIN RIPARIAN BUFFER
PROTECTION RULES (15A NCAC 02B.0233) WITH ADDITIONAL CONDITIONS
Amberleaf Subdivision
To Whom It May Concern:
You have our approval for the impacts listed below for the purpose described in your
application dated October 23, 2017 and received by the Division of Water Resources (Division)
on October 23, 2017 with additional information received on November 16, 2017. These
impacts are covered by the attached Water Quality General Certification Number 4092 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) and 15A NCAC 02B
.0233(8)]
Division of Water Resources, Raleigh Regional Office, Water Quality Operations Section http://poital.ncdenr.org/web/wq/aps
1628 Mail Service Center, Raleigh, NC 27699-1628 Phone: [phone]
Location: 3800 Barrett Drive, Raleigh, NC 27609 Fax: [phone]

Amberleaf Subdivision
DW R #17-1352
401 AND BUFFER APPROVAL
Page 2 of 5
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Stream
Buffer
492 (square feet)
S1 -Road Crossing -Culvert
142 (linear feet)
0 (linear feet)
S2 -Road Crossing-Dissipater/Keyed
in Riprap
34 (linear feet)
0 (linear feet)
S3 -Road Crossing -Coffer Dam &
Construction Activities
0 (linear feet)
13 (linear feet)
Buffers — Zone 1
B3 -Road Crossing
8,415 (square feet)
0 (square feet)
B5 -Utility -Sanitary Sewer
164 (square feet)
0 (square feet)
B6-Stormwater Outfall-BMPA
474 (square feet)
0 (square feet)
B7-Stormwater Outfall-BMPB
419 (square feet)
0 (square feet)
Buffers—Zone 2
B1-Utility-Watermain
2,029 (square feet)
0 (square feet)
B2 -Utilities -Storm Sewer
308 (square feet)
0 (square feet)
B3 -Road Crossing
4,403 (square feet)
0 (square feet)
B4 -Utility -Sanitary Sewer
1,732 (square feet)
0 (square feet)
B5 -Utility -Sanitary Sewer
3,205 (square feet)
0 (square feet)
136-Stormwater Outfall-BMPA
197 (square feet)
0 (square feet)
B7-Stormwater Outfall-BMPB
398 (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 Creedmoor and
meet the requirements of this Certification. The SMP may not be modified without prior
written authorization from the City of Creedmoor. [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 to meet this mitigation
requirement. The specific bank site to be debited will be Cedar Grove, Hatley, or Ezell, all
located in HUC 03020201 and in the Falls Lake watershed. Until the 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)1:
Compensatory Mitigation
Required
Bank Sponsor
River & Sub -basin Number
Buffer
492 (square feet)
EBX
03020201 -Falls Lake Watershed

Amberleaf Subdivision
D W R 917-1352
401 AND BUFFER APPROVAL
Page 3 of 5
4. 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]
5. 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)]
6. 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)]
7. 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 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://www.ncoah.com/ or by calling the OAH Clerk's Office at [phone] for
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
Amberleaf Subdivision
DWR #17-1352
401 AND BUFFER APPROVAL
Page 4 of 5
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
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 stephanie.gossgncdenr.gov if you have any questions or concerns.
Sin erely
7
V
Danny Smitly�
Supervisor, Water Quality Regional Operations Section
Enclosure: GC 4002

Amberleaf Subdivision
DWR #17-1352
401 AND BUFFER APPROVAL
Page 5 of 5
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
Frank L. Reynolds via e-mail at [e-mail]
Debbie Shirley via e-mail at [e-mail]