20201267 Ver 1_401 Approval Letter_20210115

January 15, 2021
DWR # 20201267
Wake County
Kane Realty Corporation
Attn: Allen West
4321 Lassiter at North Hills Avenue, Suite 250
Raleigh, NC 27609
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
West Cabarrus Street Mixed Use
Dear Mr. West:
You have our approval for the impacts listed below for the purpose described in your application dated
November 16, received by the Division of Water Resources (Division) November 16, 2020 and payment
received November 18, 2020 with additional information received on January 14, 2021. These impacts
are covered by the attached Water Quality General Certification Number 4139. This certification is
associated with the use of Nationwide Permit Number 39 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.
The Division has determined that the proposed project will comply with water quality requirements
provided that you adhere to the conditions listed in the enclosed certification.
The following proposed impacts are hereby approved. No other impacts are approved, including
incidental impacts. [15A NCAC 02H .0506(b)]
Type of Impact Amount Approved (units)
Permanent
Amount Approved (units)
Temporary
Wetland
W1: Construction Access 0 (acres) 0.004 (acres)
W2: Construction Access 0 (acres) 0.002 (acres)
Stream
S1: Culvert Replacement 70 (linear feet) 0 (linear feet)
S2: Culvert Replacement 0 (linear feet) 5 (linear feet)
S3: Construction Access 0 (linear feet) 50 (linear feet)
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 this Certification. If you change your project,

West Cabarrus Street Mixed Use
DWR# 20201267
401 Certification
Page 2 of 3

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 Certification and is
responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)].
If you are unable to comply with any of the conditions of the attached Water Quality General
Certification, you must notify the Raleigh Regional Office within 24 hours (or the next business day if a
weekend or holiday) from the time the permittee becomes aware of the circumstances.
The permittee shall report to the Raleigh Regional Office any noncompliance with, and/or any violation
of, stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment impacts to
streams or wetlands. Information shall be provided orally within 24 hours (or the next business day if a
weekend or holiday) from the time the permittee became aware of the non-compliance circumstances.
This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]
This Certification can be contested as provided in Chapter 150B of the North Carolina General Statutes by
filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative
Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter
150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code.
Additional information regarding requirements for filing a Petition and Petition forms may be accessed at
http://www.ncoah.com/ or by calling the OAH Clerk’s Office at [phone].
One (1) copy of the Petition must also be served to the North Carolina Department of Environmental
Quality:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601

This letter completes the review of the Division under section 401 of the Clean Water Act and 15A NCAC
02H .0500. Please contact Stephanie Goss at 919-791-4256 or [e-mail] 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

Enclosures: GC 4139
DocuSign Envelope ID: 68BC081A-A828-4D76-B4BC-38A5476C979F

West Cabarrus Street Mixed Use
DWR# 20201267
401 Certification
Page 3 of 3

cc: Jennifer Burdette, McAdams Co. (via email)
Lyle Phillips, USACE Raleigh Regulatory Field Office (via email)
DWR 401 & Buffer Permitting Unit file
DocuSign Envelope ID: 68BC081A-A828-4D76-B4BC-38A5476C979F