20150342 Ver 1_Approval Letter_20150601

NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory Donald R. van der Vaart
Governor Secretary
June 1, 2015
Parr Construction
Attn: Chris Parr
PO Box 4088
Greensboro NC 27404
DWR # 15 -0342
Forsyth County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
Smith Crossing Mixed Use Development Project
Dear Mr. Parr:
You have our approval for the impacts listed below for the purpose described in your
application dated April 1, 2015, received by the Division of Water Resources (Division) April 7,
2015, with subsequent information on June 1, 2015. These impacts are covered by the
attached Water Quality General Certification Number 3890 and the conditions listed below.
This certification is associated with the use of Nationwide Permit Number 39 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 certifications) or
general permit 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)]
Impact Area
I Temporary /Permanent
Impact Amount
404/401 Wetlands
I Permanent
0.16 acres
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 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
,vNinston -Salem Regional Office
Locaticn: 450 W. Hanes t;4ill Rrl. Suite 300. 10 inston- Salem. North Carolina 27105
Phone: 336 -776 ?800; FAX: [phone] ". Customer Service: 1 -877- 623 -6748
internei: htip : %rpnrta.ncdenr.o�gl +. +JP.0 4iGitbS
An Equal Opportunity'- Affirmative Action =mployer

Parr Construction
DWR# 15 -0342
401 APPROVAL
Page 2of3
new owner must be given a copy of this approval letter and General
Certifications) /Permit /Authorization and is responsible for complying with all
conditions. [15A NCAC 02B .0507(d)(2)]
All wetlands, streams, surface waters, and riparian buffers located within 50 feet of the
construction area on the project site shall be clearly marked (example- orange fabric
fencing) prior to any land disturbing activities and must be maintained on the property
until the project phase is completed. [15A NCAC 02H .0506 (b)(2) and (c)(2) and 15A
NCAC 02H .0507 (c)]
4. Any final construction plans for this project must include or reference the application
and plans approved by the Division under this authorization letter and certification. The
applicant will also be required to evaluate all acquired permits to assure that they are
consistent and all relative impacts are accounted for and shown on the construction
plans. [15A NCAC 02H .0502 (b) and 15A NCAC 02H .0506 (4)]
You are required to provide one copy of the approved SMP, including plan details on
full -sized plan sheets, with proof of the Town of Kernersville's approval. The approved
SMP shall be submitted to the DWR 401 & Buffer Permitting Unit (1617 Mail Service
Center, Raleigh, NC 27699 -1617) before any impacts authorized in this certification
occur. After it is approved and submitted to the Division, the SMP may not be modified
without prior written authorization from the Town of Kernersville If the SMP is modified
in the future, then you shall provide one modified SMP with proof of approval to the
DWR 401 & Buffer Permitting Unit prior to the commencement of the modifications.
[15A NCAC 02H .0506(b)(5)]
This approval and its conditions are final and binding unless contested. [G.S. 143 - 215.5]
This Certification can be contested as provided in Articles 3 and 4 of 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 (919) 431 -3000 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 (919) 431 -3100, 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.

Parr Construction
DWR# 15 -0342
401 APPROVAL
Page 3 of 3
Mailing address for the OAH:
!f sending via US Postal Service: If sending via delivery service (UPS, Fed Ex, etc):
Office of Administrative Hearings Office of Administrative Hearings
6714 Mail Service Center 1711 New Hope Church Road
Raleigh, NC 27699 -6714 Raleigh, NC 27609 -6285
One (1) copy of the petition must also be served to DEN R:
John Evans, General Counsel
Department of Environment and Natural Resources
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 Sue Homewood at 336 - 776 -9693 or sue.homewood(@ncdenr.gov if you have any
questions or concerns.
Sincerely,
�ypa.yyN
W. Corey Basinger
Regional Supervisor
Water Quality Regional Operations
Division of Water Resources
Enclosures: GC 3890
cc: Walter Cole, S &ME Inc (via email)
John Thomas, USACE Raleigh Regulatory Field Office (via email)
Jeff Smith, Smith - Bissell LLC & 1 -40 Union Cross LLC, PO Box 2534 Kernersville NC 27285
Nancy Smith, 833 Lynnhaven Park Dr, Winston Salem NC 27107
DWR WSRO 401 files
DWR 401 & Buffer Permitting Unit