20200521 Ver 1_Approval Letter_20200519

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
May 14, 2020
Four Seasons Contractors LLC
Attn: Steve Newcombe
P.O. Box 429
Nashville, NC 27856
NORTH CAROLINA
Envi onmentalQuality
DWR #20-0521
Nash County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
AUTHORIZATION CERTIFICATE PER THE TAR-PAMLICO RIVER BASIN RIPARIAN BUFFER
PROTECTION RULES (15A NCAC 02B .0259) WITH ADDITIONAL CONDITIONS
Poplar Creek Subdivision, Phase 3 & 4
Dear Mr. Newcombe:
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 April 16, 2020 with
payment received on April 20, 2020. The impacts are covered by the attached General Water
Quality Certification Number4139 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 (USACE). 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, General Kermit and/or Buffer Rules are met. No
other impacts are approved, including incidental impacts.
D_EQ��
North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office 13800 Barrett Drive I Raleigh. Nonh Carolina 27609
919.791.4200

Poplar Creek Subdivision, Phase 3 & 4
DWR #20-0521
401 AND BUFFER APPROVAL
Page 2 of 4
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Wetland
W1: Road Crossing
0.070 (acres)
0 (acres)
Stream
S1: Road Crossing
131 (linear feet)
0 (linear feet)
S2: Construction -Stabilization
0 (linear feet)
62 (linear feet)
Buffers —Zone 1
132: Road Crossing
6,034 (square feet)
0 (square feet)
Buffers — Zone 2
Bi: Road Crossing
2,353 (square feet)
0 (square feet)
2. Stormwater Management Plan SMP Approval from Local Community Required
The stormwater management plan (SMP) must be approved by Nash County and meet the
requirements of this Certification. The SMP may not be modified without prior written
authorization from Nash County. [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,
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. Protective Fenciniz
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)]

Poplar Creek Subdivision, Phase 3 & 4
DWR #20-0521
401 AND BUFFER APPROVAL
Page 3 of 4
S. 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 withal] 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
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:/Zwww.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:

Poplar Creek Subdivision, Phase 3 & 4
DWR M-0521
If sending by First Class Mail
via the US Postal Service:
Paul Wojoski
NC DWR — 401 & Buffer Permitting
Branch
1617 Mail Service Center
Raleigh, NC 27699-1617
401 AND BUFFER APPROVAL
Page 4 of 4
if sending via delivery service
(e.g. UPS, FedEx):
Paul Wojoski
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 Tar -Pamlico Riparian Buffer Rules as described in 15A NCAC 02B .0259. Please contact
Stephanie Goss at 919-791-4256 or ste hanie. oss ncdenr. ov if you have any questions or
concerns.
Sincerely,
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
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
Walter Cole via e-mail at [e-mail]