20151288 Ver 2_Approval Letter_20171023

Wa ter Resources
ENVIRONMENTAL QUALITY
June 28, 2017
ITB Holdings, LLC
Attn: Mr. Sherman Richardson
P 0 Box 2152
Chapel Hill, NC 27515
ROY COOPER
,,;,-,,
MICHAEL S. REGAN
seo cial,
S. JAY ZIMMERMAN
Direcro;
DWR # 17-0156
Wake County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
Wake Forest Road Mixed Use Re -development
Dear Mr. Richardson:
You have our approval for the impacts listed below for the purpose described in your application
dated February 3, 2017, received by the Division of Water Resources (Division) February 3, 2017,
with subsequent information on March 24, 2017, May 17, 2017 and June 26, 2017. These
impacts are covered by the attached Water Quality General Certification Number 4092 / Buffer
Rules 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 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 and Buffer Rules are met. No other impacts are
approved, including incidental impacts. [15A NCAC 02H .0506(b)]
State of North Carolina I Environmental Quality I Water Resources
1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919 807 6300

ITB Holdings, LLC
401 Approval
DWR# 17-0156
Page 2 of 3
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved (units)
Temporary
Stream
Site 1
137 (linear feet)
0 (linear feet)
Site 2
105 (linear feet)
0 (linear feet)
Total
242 (linear feet)
0 (linear feet)
Note: Riparian buffer impacts were approved for this project and Wake Towne Drive Extension
(DWR Project # 17-0344) by a Major Variance (DWR Project # 15-1288) issued May 3, 2016 and
modified June 28, 2017 to change the private mitigation bank.
2. Mitigation must be provided for the proposed impacts as specified in the table below.
The Division has received an acceptance letter from the NC Division of Mitigation Services
(DMS) to meet this mitigation requirement. Until the DMS receives and clears your
payment, and proof of payment has been provided to this Office, no impacts specified in
this Certificate shall occur. For accounting purposes, this Certificate authorizes payment
to the DMS to meet the following compensatory mitigation requirement [15A NCAC 02H
.0506 (b)(6)1:
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)]
4. Major Variance
Full compliance with Major Variance (DWR Project #15-1288), issued by the Division on
May 3, 2016 and modified on June 28, 2017, is required. [15A NCAC 02H .0506(b)(3)]
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.
Compensatory Mitigation
River & Sub -
Required
basin Number
Neuse
Stream
242 (feet)
03020201
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)]
4. Major Variance
Full compliance with Major Variance (DWR Project #15-1288), issued by the Division on
May 3, 2016 and modified on June 28, 2017, is required. [15A NCAC 02H .0506(b)(3)]
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.

ITB Holdings, LLC
401 Approval
DWR# 17-0156
Page 3 of 3
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:OOam and S:OOpm, 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 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
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.
Sincerely,
w 1
Karen Higgins, Supervisor
401 & Buffer Permitting Branch
Enclosures: GC 4092
cc: Bob Zarzecki, Soil & Environmental Consultants, PA (via [e-mail])
USACE Raleigh Regulatory Field Office
DWR 401 & Buffer Permitting Branch file
Filename: 170156WakeForestRdMixed UseRe-development(Wake)_401_GC_NEU.docx