20160830 Ver 2_Approval Letter_20171107

Water Resources
ENVIRONMENTAL OUALITY
November 7, 2017
Halpern Enterprises, Inc.
ATTN: William D. Brown, Jr.
5200 Roswell Road, N.E.
Atlanta, GA 30342
ROY COOPER
Governor'
MICHAEL S. REGAN
s'mlor,:
LINDA CULPEPPER
/Ilterlilt DiYecro,'
DWR # 16-0830 v2
Wake County
Subject: APPROVAL of 401 Water Quality Certification with Additional Conditions
Leesville Road Market Place
Dear Mr. Brown:
You have our approval for the impacts listed below for the purpose described in your application dated
October 12, 2017, received by the Division of Water Resources (Division) the same date, with
subsequent information on October 26, 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 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 are met. No other impacts are approved, including incidental
impacts. [15A NCAC 02H .0506(b)]
Type of Impact
Amount Approved (units) Amount Approved (units)
Permanent Temporary
Stream
S1
264 (linear feet) 0 (linear feet)
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 wetlands, streams, and surface waters located within 50 feet of the construction area on the
project site shall be clearly marked (e.g. 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)]
State of North Carolina [ Environmental Quality I Water Resources
1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919 807 6300

20160830v2
November 7, 2017
Page 2 of 2
This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]
This Certification can be contested as provided in General Statute 15OB 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).
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: If sending via delivery service (UPS, FedEx,
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 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 me at [e-mail] if you have any questions or concerns.
Sincerely,
Karen Higgins, Suprisor
401 & Buffer Permitting Branch
cc: Bob Zarzecki, Soil & Environmental Consultants PA (via email)
Tasha Alexander, USACE (via email)
DWR RRO 401 file
Filename: l60830v2LeesvilleRoad Ma rketplace(W ake)_401_GC