20200270 Ver 2_Phoenix Place_DWR APPROVAL_30Mar2020_20221110

ROY COOPER
Governor
MICHAEL S. REGAN
secreraq
S. DANIEL SMITH
Director
March 30, 2020
3BM LLC
Attn: Howard Moye
P.O. Box 20667
Raleigh, NC 27619
NORTH CAROLINA
Environmental Quality
D W R # 20-0270
Warren County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
AUTHORIZATION CERTIFICATE PER THE NEUSE RIVER BASIN RIPARIAN BUFFER
PROTECTION RULES (15A NCAC 02B .0233) WITH ADDITIONAL CONDITIONS
Phoenix Place
Dear Mr. Moye:
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 February 17, 2020 with
payment received on February 20, 2020. These impacts are covered by the attached Water
Quality General Certification Number 4139 and the conditions listed below. 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.
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 and Buffer Rules are met. No other impacts are
approved, including incidental impacts. [15A NCAC 02B .0506(b)(c) and 15A NCAC 02B
.0233(8)] -
North Carolina Department of En4irunmental Quality Division of tivater Resources
QW Raleigh Regional Office ! 3800 Barrett Dt ive ' Ralcigh, North Carolina 27601)
iraarsin�v arim+�ime.Rf a.uw 911) 791.4200

Phoenix Place
DWR #20-0270
401 AND BUFFER APPROVAL
Page 2 of 4
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Stream
S1: Road Crossing -Culvert
62 (linear feet)
0 (linear feet)
52: Driveway Crossing -Culvert
29 (linear feet)
0 (linear feet)
S3: Driveway Crossing -Culvert
28 (linear feet)
0 (linear feet)
S4: Driveway Crossing -Culvert
30 (linear feet)
0 (linear feet)
55: Excavation
0 (linear feet)
17 (linear feet)
Buffers — Zone 1
81: Road Crossing
7,897 (square feet)
0 (square feet)
B2: Driveway Crossing
3,761 (square feet)
0 (square feet)
63: Driveway Crossing
3,287 (square feet)
0 (square feet)
B4: Driveway Crossing
2,235 (square feet)
0 (square feet)
135: Sanitary Sewer
0 (square feet)
971 (square feet)
Buffers — Zone 2
131: Road Crossing
2,939 (square feet)
0 (square feet)
B2: Driveway Crossing
2,610 (square feet)
0 (square feet)
B3: Driveway Crossing
1,734 (square feet)
0 (square feet)
64: Driveway Crossing
1,317 (square feet)
0 (square feet)
65: Sanitary Sewer
0 (square feet)
339 (square feet)
2. Stormwater Management Plan SMP Approval from Local Community Required
The stormwater management plan (SMP) must be approved by the City of Raleigh and meet
the requirements of this Certification. The SMP may not be modified without prior written
authorization from the City of Raleigh. [15A NCAC 02H .0506(b)(3)]
3. The permittee shall report to the Raleigh Regional Office any noncompliance with this
certification, any violation of stream or wetland standards [15A NCAC 026.02001 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 aware of 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 compliance is 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.

Phoenix Place
DWR ##20-0270
401 AND BUFFER APPROVAL
Page 3 of 4
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 and design described in your application. The plans and
specifications for this project are incorporated by reference as part of the Certification and
Buffer Authorization. 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)]
6. This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]
This Certification and Buffer Authorization can be contested as provided in General Statute
150E 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 maybe obtained from the OAH at htto://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, FedE'x):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285

Phoenix Place
DWR #20-0270
401 AND BUFFER APPROVAL
Page 4 of 4
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
Please send one (1) copy of the petition to DWR:
If sending by First Class Mail
via the US Postal Service:
Paul Wojoski
NC DWR — 401 & Buffer Permitting
Branch
1617 Mail Service Center
Raleigh, NC 27699-1617
If sending via delivery service
(e.g. UPS, FedEx):
Paul Wojoski
NC DWR-401 & Buffer Permitting
Branch
512 N. Salisbury Street
Raleigh, NC 27604
This letter completes the review of the Division under section 401 of the Clean Water Act and
the Neuse Riparian Buffer Rules as described in 1SA NCAC 02B .0233. Please contact Stephanie
Goss at 919-791-4256 or stephanie.goss(c ncdenr.goy if you have any questions or concerns.
Sincerely,
�7 Scott Vinson, Regional Supervisor '
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
Enclosure: GC 4139
cc: U.S. Army Corps of Engineers; Raleigh Regulatory Field Office; 3331 Heritage Trade Dr.,
Ste. 105; Wake Forest, NC 27597
DWR RRO 401/Riparian Buffer file
DWR 401 & Buffer Permitting Unit via Laserfiche
Bob Zarzecki via e-mail at BzarzeckiPsandec.com