20201321 Ver 1_5-401 approval V2_20210119

ROY COOPER
C;overnor
ICHAEL S. R.EGAN
Secretary
LINDA CULPEPPER
Director
July 25, 2019
NORTH CAROLINA
Environmental Quality
DWR #15-0378 v2
Durham County
ARE -NC Region No. 14, LLC
Attn: Oliver Sherrill, Senior Vice President
7020 Kit Creek Rd.; Ste. 100
Research Triangle Park, NC, 27709-3329
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH.ADDITIONAL
CONDITIONS
ARE -NC Region No. 14; LLC-Davis Drive Entrance_Road
Dear Mr. Sherrill:
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 June 10, 2019 with
payment received,on June 11, 2019. These impacts are covered by the attached Water Quality
General Certification Number 4132 and 4134 and the conditions listed below. This certification
is associated with the use of Nationwide Permit Number 7 and 13 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, andWater Supply Watershed regulations. This
401 Water Quality Certification for DWR #15-0378 v2 replaces the 401 Water Quality
Certification for #15-0378 v1 dated May 14, 2015.
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 are met. No other impacts are approved,
including incidental impacts.. [15A NCAC 02B .0506(b)(c)]
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ARE -NC Region No. 14, LLC-Davis Drive Entrance Road
DWR #15-0378 v2
401 APPROVAL
Page 2 of 4
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Wetland
W1: Fill
0.0027 (acres)
0 (acres)
Stream
S1: Culvert
94 (linear feet)
0 (linear feet)
S2: Stabilization -Rip Rap
50 (linear feet)
0 (linear feet)
2. Stormwater Management Plan (SMP) Approval from Local Community Required
The stormwater management plan (SMP) must be approved by Durham County and meet
the requirements of this Certification. The SMP may not be modified without prior written
authorization from the Durham County. [15A NCAC 02H .0506(b)(3)]
3. The permitteee-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 awareof 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 complianceis-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 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)]
5. This approval.is for the purpose arid design described in your application. The 'plans and
specifications for this project are incorporated by reference as part of the Certification. 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]

ARE -NC Region No. 14, LLC-Davis Drive Entrance Road
DWR #15-0378 v2
401 APPROVAL
Page 3 of 4
This Certification 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://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 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, Fed Ex):
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
This letter completes the review of the Division under section 401 of the Clean Water Act.
Please contact Stephanie Goss at 919-791-4256 or [e-mail] if you have any
questions or concerns.
Sincerely,
Karen Higgins
Supervisor, 401 & Buffer Permitting Branch
Enclosure: GC 4132
GC 4134

ARE -NC Region No. 14, LLC-Davis Drive Entrance Road
DWR #15-0378 v2
401 APPROVAL
Page 4 of 4
cc: U.S. Army Corps of Engineers; Raleigh Regulatory Field Office; 3331 Heritage Trade
Drive, Ste. 105; Wake Forest, NC 27597
DWR RR0.401 file
DWR 401 & Buffer Permitting' Unit via Laserfiche
Becky Ward via e-mail at bward(@wce-corp.com