HomeMy WebLinkAbout20200504 Ver 1_Approval Letter_20211110
November 10, 2021
DWR # 20200504
Wake County
Triangle Town Center Holding, LLC
Attn: Mark Tipton
2013 Rolling Rock Road
Wake Forest, NC 27587
(via email mark.tipton@whistleinvestmentgroup.com)
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH
ADDITIONAL CONDITIONS
The Pointe at Town Center
Dear Mr. Tipton:
You have our approval for the impacts listed below for the purpose described in your application dated
April 13, 2020, received by the Division of Water Resources (Division) April 13, 2020, and payment
received April 15, 2020, with additional information received on September 13, 2021. These impacts are
covered by the attached Water Quality General Certification Number 4135. This certification is
associated with the use of Nationwide Permit Number 14 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
404/401 Wetland
W1: Road/Driveway Crossing 0.021 (acres) 0 (acres)
Stream
S1: Road Crossing 145 (linear feet) 0 (linear feet)
S2: Road Crossing-Rip Rap 20 (linear feet) 0 (linear feet)
S3: Road Crossing-Coffer Dam 0 (linear feet) 20 (linear feet)
S4: Road Crossing 75 (linear feet) 0 (linear feet)
S5: Road Crossing Temporary Construction Access 0 (linear feet) 30 (linear feet)
DocuSign Envelope ID: 1E4EC859-80F0-42DA-BE5C-B7BB7BE7E483
The Pointe at Town Center
DWR# 20200504
401 Certification
Page 2 of 2
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 Clerkâs Office at (919) 431-3000.
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 Stephanie.Goss@ncdenr.gov 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 4135
cc: Kevin Martin, Soil & Environmental Consultants, PA (via email)
Lyle Phillips, USACE Raleigh Regulatory Field Office (via email)
DWR 401 & Buffer Permitting Branch electronic file
DocuSign Envelope ID: 1E4EC859-80F0-42DA-BE5C-B7BB7BE7E483