20170366 Ver 1_Approval Letter_20170508

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May 8, 2017
ROY COOPER
MIC HAI_I. S. MEGAN
S, JAY ZIMIIF.RMAN
DWR # 17-0366
Johnston County
42 East, LLLC
Attn: Mr. J.G. Loftin, Jr.
8310 Banford Way
Raleigh, NC 27615
Subject APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL
CONDITIONS
San Marino Subdivision
Dear Mr. Loftin:
You have our approval for the impacts listed below for the purpose described in your application
dated March 27, 2017, received by the Division of Water Resources (Division) March 30, 2017.
These impacts are covered by the attached Water Quality General Certification Number 4092
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(s) 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 02H .0506(b) and/or (c)]
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Stream
Site 1— Culvert (#1)
145 (linear feet)
0 (linear feet)
Site 2 — Riprap (#2)1
30 (linear feet)
0 (linear feet)
Site 3 — Sewer Crossing (#3)
0 (linear feet)
30 (linear feet)
State of North Carolina j Environmental Quality I Water Resources
1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919 807 6300

42 East, LLC
401 Approval
DWR# 17-0366
Page 2 of 3
Type of Impact
Amount Approved
Amount Approved
(units)
(units)
Permanent
Temporary
404/401 Wetlands
Site 1— Road Crossing (#4)
0.015 (acres)
0 (acres)
1 Mitigation is not required as long as Condition #3 is met.
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 new
owner must be given a copy of this approval letter and General
Certification(s)/Permit/Authorization and is responsible for complying with all conditions.
[15A NCAC 02H .0507(d)(2)]
3. All rip -rap shall be placed such that the original stream elevation and streambank
contours are restored and maintained. Placement of rip -rap or other approved materials
shall not result in de -stabilization of the stream bed or banks upstream or downstream of
the area or in a manner that precludes aquatic life passage. [15A NCAC 02H .0506(b)(2)]
4. 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)]
Before any impacts authorized in this certification occur, the SMP must be approved by
Johnston County because it is being used to meet diffuse flow requirements on this
project. After it is approved, the SMP may not be modified without prior written
authorization from Johnston County 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 [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).

42 East, LLC
401 Approval
DWR# 17-0366
Page 3 of 3
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 via US Postal Service
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
If sending via delivery service (UPS, FedEx,
etc):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285
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
It is important to note that Johnston County was delegated Neuse Riparian Buffer Rule
implementation within their jurisdiction on January 9, 2014. Since this project is located within
Johnston County's jurisdiction, the buffer authorization required for this project needs to be
authorized by Johnston County. This letter completes the review of the Division under section
401 of the Clean Water Act. Please contact Jennifer Burdette at 919-807-6364 or
[e-mail] if you have any questions or concerns.
Enclosures: GC 4092
cc: Martin Richmond, Withers & Ravenel (via mrich mond @withersravenel.com)
Gary Lynch, 551 Winston Road, Clayton, NC 27520-6748
USACE Raleigh Regulatory Field Office
DWR 401 & Buffer Permitting Branch file
Filename: 1700366SanMarinoSD(Johnston)_401_GC.docx