20180511 Ver 2_Approval Letter_20230703

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
July 3, 2023
DWR # 20180511 v2
Franklin County
2 Gen Holdings, LLC
Attn: Mr. Earl Dickinson
4905 Dickens Road, Suite 201
Richmond, VA 23230
Delivered via email to: [e-mail]
Subject: Approval of Individual 401 Water Quality Certification
Oak Park
USACE Action ID. No. SAW-2018-00897
Dear Mr. Dickinson:
Attached hereto is a copy of Certification No. WQC006051 issued to Mr. Earl Dickinson and 2 Gen
Holdings, LLC, dated July 3, 2023. 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
Water Quality 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)].
This Water Quality Certification does not relieve the permittee of the responsibility to obtain all other
required Federal, State, or Local approvals before proceeding with the project, including those required
by, but not limited to, Sediment and Erosion Control, Non -Discharge, Water Supply Watershed, and
Trout Buffer regulations.
This Water Quality Certification neither grants nor affirms any property right, license, or privilege in any
lands or waters, or any right of use in any waters. This Water Quality Certification does not authorize
any person to interfere with the riparian rights, littoral rights, or water use rights of any other person
and does not create any prescriptive right or any right of priority regarding any usage of water. This
Water Quality Certification shall not be interposed as a defense in any action respecting the
determination of riparian or littoral rights or other rights to water use. No consumptive user is deemed
by virtue of this Water Quality Certification to possess any prescriptive or other right of priority with
respect to any other consumptive user regardless of the quantity of the withdrawal or the date on which
the withdrawal was initiated or expanded.
Upon the presentation of proper credentials, the Division may inspect the property.
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
o.o.mn.marnhmmrnmo�eer� /"� 919.707.9000

Oak Park
DWR# 20180511 v2
Individual Certification #WQC006051
Page 2 of 15
This Water Quality Certification shall expire on the same day as the expiration date of the corresponding
Section 404 Permit. The conditions shall remain in effect for the life of the project, regardless of the
expiration date of this Water Quality Certification.
Non-compliance with or violation of the conditions herein set forth may result in revocation of this
Water Quality Certification for the project and may also result in criminal and/or civil penalties.
If you are unable to comply with any of the conditions of this Water Quality 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
h1LL.ZLwww.ncoah.com/ or by calling the OAH Clerk's Office at [phone].
A party filing a Petition must serve a copy of the Petition on:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
If the party filing the Petition is not the permittee, then the party must also serve the recipient of the
Certification in accordance with N.C.G.S 150B-23(a).
This letter completes the Division's review under section 401 of the Clean Water Act and 15A NCAC 02H
.0500. Please contact Samantha Wooten at [phone] or [e-mail] if you
have any questions or concerns.
Sincerely,
IS
Docuff5ign��ed by:
f (f t, z;bSS
755ABF0CD80B428...
Stephanie Goss, Supervisor
401 & Buffer Permitting Branch
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
rJ TH w`
O�bwIdB�Nwr�l m.:
919.707.9000

Oak Park
DWR# 20180511 v2
Individual Certification #WQC006051
Page 3 of 15
Electronic cc: Sean Clark, Sage Ecological Services, Inc; via email ([e-mail])
Kim Hamlin, Sage Ecological Services, Inc; via email ([e-mail])
Jean Gibby, USACE Raleigh Regulatory Field Office; via email
Todd Bowers, EPA
DWR 401 & Buffer Permitting Branch Electronic file
D North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
�, � 919.707.9000

Oak Park
DWR# 20180511 v2
Individual Certification #WQC006051
Page 4 of 15
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #WQC006051 is issued in conformity with the requirements of Section 401, Public Laws
92-500 and 95-217 of the United States and subject to North Carolina's Regulations in 15 NCAC 02H .0500
and 15A NCAC 0213.0200, to Mr. Earl Dickinson and 2 Gen Holdings, LLC, who have authorization for the
impacts listed below, as described within your application received by the N.C. Division of Water
Resources (Division) on May 4, 2023 and subsequent information on May 10, 2023, and by Public Notice
issued by the U. S. Army Corps of Engineers on May 8, 2023.
The State of North Carolina certifies that this activity will comply with water quality requirements and
the applicable portions of Sections 301, 302, 303, 306, 307 of the Public Laws 92-500 and PL 95-217 if
conducted in accordance with the application, the supporting documentation, and conditions
hereinafter set forth.
The following 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
Mitigation Amount
Required
Stream
S1— Road Crossing
108 (linear feet)
0 (linear feet)
0 linear feet
This approval requires you to follow the conditions listed in the certification below.
CONDITIONS OF CERTIFICATION [15A NCAC 02H .0507(c)]:
1. When final design plans are completed for Roadway Crossing R3 the Permittee shall submit a copy
to the Division for review. Final designs shall reflect all appropriate avoidance, minimization, and
mitigation for impacts to wetlands, streams, and other surface waters. The Permittee shall submit a
permit modification request if the impacts from the final design of R3 are different than those
identified in this approval. No construction activities (including temporary impacts) shall begin at
impact area R3 until after a permit modification has been secured, or the Division has acknowledged
review of the final design drawings.
Citation: 15A NCAC 02H .0506(b)(2) and (3); 15A NCAC 02H .0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all best
uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and
maintenance of biological integrity; wildlife; secondary contact recreation; agriculture); and that
activities must not cause water pollution that precludes any best use on a short-term or long-term
basis.
2. Any additional impacts to streams and/or wetlands as a result of future roads, buildings, driveways,
utility lines or other development related activities within the Ammons Development may be
considered cumulative to impacts approved in this Certification and may require a modification of
this 401 Water Quality Certification approval.
North Carolina Department of Environmental Quality I Division of Water Resources
k �Q512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
�,/ 919.707.9000

Oak Park
DWR# 20180511 v2
Individual Certification #WQC006051
Page 5 of 15
Citation: 15A NCAC 02H .0506, 15A NCAC 02H .0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all best
uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and
maintenance of biological integrity; wildlife; secondary contact recreation; agriculture); and that
activities must not cause water pollution that precludes any best use on a short-term or long-term
basis.
3. The Permittee shall secure an approved stormwater management plan (SMP) from Wake County
before any impacts authorized in this certification occur. The applicable portion of the approved
SMP shall be constructed and operational before any permanent building or other permanent
structure is occupied at the site. If any of the SCMs are used as an Erosion and Sediment Control
device, it must be restored to the approved stormwater design condition within 30 days of close-out
of the Erosion and Sediment Control Plan.
The Permittee shall ensure that all final construction plans for the development comply with the
commitments ensure that downstream hydrology is provided to all jurisdictional features within the
project limits made within the 401 application and supplemental documents. If any additional direct,
or indirect, stream, wetland, or open water impacts result from final SMP design and/or review or
approval then Permittee shall submit an application to modify the 401 certification to account for
the additional impacts. Any such impact will be considered cumulative to the project.
Citation: 15A NCAC 02H .0506(b)(2) and (3); 15A NCAC 02H .0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all best
uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and
maintenance of biological integrity; wildlife; secondary contact recreation; agriculture); and that
activities must not cause water pollution that precludes any best use on a short-term or long-term
basis.
4. All wetlands, streams, and surface waters 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.
Citation: 15A NCAC 02H .0506(b)(2); 15A NCAC 02H .0507(c)
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 Division must evaluate if the activity has avoided
and minimized impacts to waters, would cause or contribute to a violation of standards or would
result in secondary or cumulative impacts.
5. All sewer lines shall be designed, constructed and maintained in accordance with Title 15A
NCAC Chapter 02T, applicable Minimum Design Criteria (MDC), and/or Alternative Design
Criteria.
Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c)
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

Oak Park
DWR# 20180511 v2
Individual Certification #WQC006051
Page 6 of 15
Justification: The referenced Minimum Design criteria and 02T rules were adopted to ensure
that conditions of waters be suitable for all best uses provided for in state rule (including, at
minimum: aquatic life propagation, survival, and maintenance of biological integrity,
wildlife: secondary contact recreation: agriculture); and that activities must not cause water
pollution that precludes any best use on a short-term or long-term basis.
6. Any utility construction corridor that is parallel to a stream or open water shall not be closer
than 10 feet to the top of bank or ordinary high-water mark.
Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c)
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 states antidegradation policy), the Division must evaluate if
the activity has avoided and minimized impacts to waters, would cause or contribute to a
violation of standards or would result in secondary or cumulative impacts.
7. Where there are temporary or permanent impacts from stream crossings, utility lines shall
cross the stream channel at a near -perpendicular direction (i.e., between 75 degrees and 105
degrees to the stream bank).
Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c)
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 states antidegradation policy), the Division must evaluate if
the activity has avoided and minimized impacts to waters, would cause or contribute to a
violation of standards or would result in secondary or cumulative impacts.
8. Construction corridors in wetlands and/or across stream channels shall be minimized to the
maximum extent practicable and shall not exceed 40 feet wide except at impact location S5
where utilities are co -located.
For construction corridors in wetlands and across stream channels, stumps shall be grubbed
only as needed to install the utility, and remaining stumps shall be cut off at grade level.
The general stripping of topsoil within wetlands along the construction corridor is
prohibited.
Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c)
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 states antidegradation policy), the Division must evaluate if
the activity has avoided and minimized impacts to waters, would cause or contribute to a
violation of standards or would result in secondary or cumulative impacts.
North Carolina Department of Environmental Quality I Division of Water Resources
k�q512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
�,/ 919.707.9000