20201788 Ver 1_Approval Letter_20210326

March 25, 2021
DWR # 20201788
Lee County
Smith Douglas Homes
Attn: Mike Kahm
2520 Reliance Avenue
Apex, NC 27539
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
Hwy 78 South
Dear Mr. Kahm:
You have our approval for the impacts listed below for the purpose described in your application dated
February 3, 2021, received by the Division of Water Resources (Division) February 3, 2021 and payment
received February 12, 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
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.
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
W1A: Road Crossing 0.118 (acres) 0.034 (acres)
W1B: Road Crossing 0.149 (acres) 0 (acres)
W1C: Road Crossing 0.002 (acres) 0.004 (acres)
W1D: Road Crossing 0.115 (acres) 0.020 (acres)
Stream
S1: Road Crossing 139 (linear feet) 10 linear feet)
DocuSign Envelope ID: 7A80CD20-EA9F-4A89-B3B1-04BCB7A2A9E8
Hwy 78 South
DWR# 20201788
401 Certification
Page 2 of 3
Additional Conditions:
Compensatory Mitigation Using NC DEQ Division of Mitigation Services (DMS)
Mitigation must be provided for the proposed impacts as specified in the table below. The Division has
received a Statement of Availability letter from the NC DEQ Division of Mitigation Services (DMS) to
meet this mitigation requirement in HUC 03030004. Until DMS receives and clears your payment, and
proof of payment has been provided to this Office, no impacts specified in this Certification shall occur.
For accounting purposes, this Certification authorizes payment to DMS to meet the following
compensatory mitigation requirement [15A NCAC 02H .0506(c)]:
Compensatory
Mitigation
Compensatory
Mitigation Required
Bank Sponsor River & Sub-Basin
Number
Wetlands 0.384 (acres) NC DEQ DMS Cape Fear: 03030004
Justification: A project that affects waters shall not be permitted unless the existing uses, and the water
quality to protect such uses, are protected. In determining that the proposed activity will comply with
state water quality standards (including designated uses, numeric criteria, narrative criteria and the
state’s antidegradation policy), the project must provide for replacement of existing uses through
compensatory mitigation.
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,
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].
DocuSign Envelope ID: 7A80CD20-EA9F-4A89-B3B1-04BCB7A2A9E8
Hwy 78 South
DWR# 20201788
401 Certification
Page 3 of 3
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
cc: Lauren Norris-Heflin, Timmons Group (via email)
James Lastinger, USACE Raleigh Regulatory Field Office (via email)
Gabriela Garrison, NCWRC (via email)
DWR 401 & Buffer Permitting Unit file
DocuSign Envelope ID: 7A80CD20-EA9F-4A89-B3B1-04BCB7A2A9E8