20052116 Ver 3_Approval Letter_20180111

January 11, 2018
BOMA North Carolina LLC
Attn: Kory Reimann
1668 Ridge Point Dr
Bountiful UT 84010-1054
Town of Kernersville
Attn: Jeffrey Hatling
PO Box 728
Kernersville NC 27285
ROY COOPER
Govetwor
MICHAEL S. REGAN
S'ecretnry
LINDA CULPEPPER
Interim Director
DWR # 2005-2116 v3
Forsyth County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
Caleb's Creek Residential Development
Dear Mr. Reimann and Mr. Hatling:
You have our approval for the impacts listed below for the purpose described in your application dated
September 18, 2017, received by the Division of Water Resources (Division) October 2, 2017, with
subsequent information on October 30, 2017, November 21, 2017 and December 6, 2017. These impacts
are covered by the attached Water Quality General Certification Numbers 4132 and 4135 and the
conditions listed below. This certification is associated with the use of Nationwide Permit Numbers 3 and
14 once they are 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:
The following impacts are hereby approved provided that all of the other specific and general
conditions of the Certification Rules are met. No other impacts are approved, including incidental
impacts. [15A NCAC 02H .0506(b) and/or (c)]
. State of North Carolina I Environmental Quality
450 W. Hanes Mill Road, Suite 300, Winston-Salem, North Carolina 27105
Phone: [phone] FAX: [phone]

BOMA North Carolina LLC
Town of Kernersville
DWR# 2005-2116 v3
401APPROVAL
Page 2 of 4
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved (units)
Temporary
Stream
Site R-1— road
crossing
200 (linear feet)
0 (linear feet)
Site R-2 — road
crossing
180 (linear feet)
0 (linear feet)
Site R-3 — road
crossing
165 (linear feet)
0 (linear feet)
Site R-5 — road
crossing
180 (linear feet)
0 (linear feet)
Site S-1 dam repair
350 (linear feet)
0 (linear feet)
404/401 Wetlands
Site R-4 — road
crossing
0.046 (acres)
0 (acres)
Open Waters
Site P-1
0.20 (acres)
0 (acres)
Site P-2
0.20 (acres)
0 (acres)
Site P-3
0.15 (acres)
0 (acres)
Site P-4
0.10 (acres)
0 (acres)
Site P-5
0.10 (acres)
0 (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 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)]
Mitigation must be provided for the proposed impacts as specified in the table below. The Division
has received an acceptance letter from the Division of Mitigation Services (DMS) to meet this
mitigation requirement. Mitigation shall be provided for each impact area a minimum of 60 days
prior to construction within the specific impact location. Until the DMS receives and clears your
payment, and proof of payment has been provided to this Office, no impacts specified in this
Authorization Certificate shall occur. For accounting purposes, this Authorization Certificate
authorizes payment to the DMS to meet the following compensatory mitigation requirement [15A
NCAC 02H.0506 (b)(6)1:

BOMA North Carolina LLC
Town of Kernersville
DWR# 2005-2116 v3
401 APPROVAL
Page 3 of 4
4. Final construction plans for each phase of this project shall be submitted to the Division a minimum
of 60 days prior to construction. Final construction plans for all phases of this project shall include
identification of temporary impacts for dewatering activities to ensure compliance with Condition
11.9 in General Certification #4132 and #4139. For each dam maintenance phase of this project,
final construction plans shall meet Condition 1.1 in General Certification #4132 as appropriate. For
each phase of this project, if impact areas or amounts are modified during final design then the
Permittee shall be required to submit a new application package with the appropriate fee. [15A.
NCAC 02H .0502 (b) and 15A NCAC 02H .0506 (4)]
5. Any additional impacts to streams and/or wetlands as a result of future roads, buildings, driveways,
utility lines or other development related activities within this subdivision will require a
modification of this 401 Water Quality Certification approval. [15A NCAC 02H .0506(4) and 15A
NCAC 02H .0501 and .0502]
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) days.
A petition form may be obtained from the OAH at http:Hwww.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
Compensatory Mitigation
River & Sub -
Required
basin Number
Stream
710 (feet)
Yadkin
(03040103)
4. Final construction plans for each phase of this project shall be submitted to the Division a minimum
of 60 days prior to construction. Final construction plans for all phases of this project shall include
identification of temporary impacts for dewatering activities to ensure compliance with Condition
11.9 in General Certification #4132 and #4139. For each dam maintenance phase of this project,
final construction plans shall meet Condition 1.1 in General Certification #4132 as appropriate. For
each phase of this project, if impact areas or amounts are modified during final design then the
Permittee shall be required to submit a new application package with the appropriate fee. [15A.
NCAC 02H .0502 (b) and 15A NCAC 02H .0506 (4)]
5. Any additional impacts to streams and/or wetlands as a result of future roads, buildings, driveways,
utility lines or other development related activities within this subdivision will require a
modification of this 401 Water Quality Certification approval. [15A NCAC 02H .0506(4) and 15A
NCAC 02H .0501 and .0502]
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) days.
A petition form may be obtained from the OAH at http:Hwww.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

BOMA North Carolina LLC
- Town of Kernersville
DWR# 2005-2116 v3
401APPROVAL
Page 4 of 4
One (1) copy of the petition must also be served to DEQ:
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
Sue Homewood at 336-776-9693 or [e-mail] if you have any questions or concerns.
Sincerely,
Sherri V. Knight, P. E.
Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ—WSRO
Enclosures: GC 4132
GC 4135
cc: Perry Isner, Wetlands & Waters Inc (via email)
Jean Gibby, USACE Raleigh Regulatory Field Office (via email)
DWR WSRO 401 file
DWR 401 & Buffer Permitting Unit file