20140779 Ver 1_Approval Letter_20140811

AC®ENK
North, Carolina Department of E'nVironment and Natural Resources
Pat McCrory) -
Governor
Cecil Barker
Legacy'Building Co -, LLC
P.O,. rBox 1133
Roxboro, NC 27573
Subject:
Dear'Mr. Barker:
,August 11,.2014
John E: Skvarla, III
Secretary
DWR, Project #14 -0779
Person County
APPROVAL OF 401 CERTIFICATION WITH ADDITIONAL CONDITIONS
Talley Pointe, 'Lot, #18
You have our approval for the impacts listed, below for the purpose described in your application
dated July'22,, 2014 and! received by the iDivision of Water Resources (Division), on July 23, 2014.
The ri'mpacts are covered by,G'eneraf Water Quality Certification Number 3898 ,(GC3898), allowing
you to use Regional Permit 198200030 (6P30) issued by'tlie US Army'Corps:of Engineers(USACE).
Please note thai,you should get any,other federal,,state,.or focal , permits before, proceed ingwith
your project, including,those required by (but not limited to) Sediment and Erosion Control,'Non=
Discharge, and WaterSuppl,y Watershed regulations:
This approva-I, requires you,to follow the conditions listed, ir, the enclosed certification and'the,
folloWing,additional conditions:
1. The follow ing,�impacts are hereby,appeoved provided that all _ ofthe -other specific.and
general conditions of,the Certification are met. 'No other impacts are approved, including
incidental impacts:
Type of Impact
Arno unt.Appeoved
Arriount,Approved
(units)
(units)
Permanent
Temporary
Below normal pool
678 (square feet)
40
0 (square feet)
Above normal pool
678 .(square feet)
(square feet)
One -
NdrthCarol,
Natural,
.NorthsCaroliha Division of Water- Resources 1'618,Mail Service Center Raleigh, NC 27699 -1628 lP.hone (919),79,1-4200 Customer,Service
Internet www ncwatergi ahty,org, Location 3806 Barrett Drive Raleigh, NC 27609, 'Fax (919) 7,88 -7159 1; 87,7- 623-6748
,An Equal Opportunity) ffirmative Action' Employer- 50 % Recycled1,10 %Post, Consumer Paper

2. Protective, Fencing
The outside buffer, Wetland orlwater boundary and along the construction corridor within
these boundaries approved under this authorization shall be clearly marked with orange
warning fencing '(oe similar high visibility,material) for the areas that have been approved
'to infringe within the buffer,'wetl'and orwater prior to any `land disturbing activities to
ensure compliance with 15 NtAC 024:0500.
3. Rip-Rap
Rip -rap shall be installed water'Ward of bulkheads' installed in freshwater lakes`to ensure
protection of aquatic'habitat:
This approval and its conditions are f'in'al and binding,unl'ess,contested.
This Certification cane be,contested' as provided In Articles 3 and 4.of General Statute 1506 by filing
a written petition for an administrative hie ringto the Office of Administrative, Hearings, (hereby
known as OAH). A petition, form, may be obtained from the, OAH at http: / /WWW.ncoah.com/ or by
calling the OAH Clerk's Office at (919) 431 -3000 for information:
Within thirty (30) calendar days ofreceipt of this notice, a petition must be filed With "the OAH. 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 .hour's (Mond "ay,through Friday between 8:00am
and 5 :00pm, excluding official state ho`lidays).
The petition may be -faxed to the OAH at (919) 431 -3100, provided the original and one copy of the
petition along with any appli'ca'ble OAH filing fee is received by the OAH within five (5) business,
days following the faxed transmission'.
Mailing address for the NOAH:
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 Ez),
Office of Administrative Hearings
1711 New Hope Church Road'
Raleigh, NC 27609 -6285
One (1) copy of the petition must also be,served to DENR:
Lacy Presnell; Gener a`I' Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27659 -1601
Please send one (1) copy of'the petition to DWR:

If `sending by First Class Mail' If sending via delivery service;
Via ,the US Postal Service: (e.g, UPS, `FedEx):
Karen'Higgins Karen'Higgins
NC DENR= DWR — Webscape Unit NC DENR -DWR — Webscape,,Unit
1617 Mail Service Center 512,N'. Salisbury Street
,Raleigh, NC -27699 -1617 Raleigh, NC'2 =7604
This letter,com,pletes,fhe revi`ew�ofthe.Division under section; 401 of-the,Clean Water,Act: Please,
contact Cherei,Smith at 919'-791=4251 or,cherri :smith @n'cdenr, -.g v'if,you have any questi'dns or
concerns:
Sin ly,
D,anny Smith
Supervisor, Water Quality Regional Operations Section
Enclosures: GC3,898
cC U.S'; Army Corps -of Engineers;, Raleigh Regulatory,'Field O'ffice;� 3331 Heritag_ a Trade Dri've, St.
105;,Wake Forest, NC 27597
DWR RRO•.401 -files