20180005 Ver 1_Approval Letter_20180201

Kra
Water Resources
ENVIRONMENTAL QUALITY
February 1, 2018'
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Interim Director
DWR #18-0005
Wake County.
LCD Acquisitions, LLC
Attn: Mark Jensen
315 Oconee Street
Athens, GA 30601
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
AUTHORIZATION CERTIFICATE PER THE NEUSE RIVER BASIN RIPARIAN BUFFER
PROTECTION RULES (15A NCAC 02B.0233) WITH ADDITIONAL CONDITIONS
The, Station at Raleigh
bear -Mr. Jensen:
You have our approval for the impacts listed below for the purpose described in your
- application date�&December 21, 2017 -and received -by the'Division of Water' Resources
,(Division) on December 28, 2017 with additional information received on January 30, 2018.
These impacts are covered by the attached Water Quality General Certification Number 4139
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. I
This approval requires'you to follow the conditions listed in the enclosed certification 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 02B .0506(b),(c).and 15A,NCAC 02B-
.0233(8)1'
Division of Water Resources, .Raleigh Regional Office, Water Quality Operations Section http://portal.ncdenr.org/web/wcl/aps
1628 Mail Service Center, Raleigh, NC 27699-1628 Phone: [phone] "
Location: 3800 Barrett Drive, Raleigh, NC 27609 Fax: [phone]

The Station at Raleigh •
DWR #18-0005
401 AND BUFFER APPROVAL
Page 2 of 4
Type of Impact,
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Stream
S1 -Road Crossing/Culvert
118 (linear feet)
0 (linear feet)
S1 -Outlet Protection
9 (linear feet)
0,(linear feet)
S1-Dewatering/Construction Access
0 (linear feet)
29 (linear feet)
S2 -Road Crossing/Culvert
146 (linear feet)
0 (linear feet)
S2 -Outlet Protection
8 (linear feet)
0 (linear feet)
S2-Dewatering/C6nstruction Access
0 (linear feet)
38 (linear feet)
Buffers — Zone 1
131 -Road Crossing
8,460 (square feet)
0 (square feet)
132 -Road Crossing
1,037 (square feet)
0 (square feet)
133 -Drainage' Conveyance -treated
859 (square feet)
0 (square feet)
Buffers — Zone 2
131 -Road Crossing
5;524 (square feet)
'0 (square feet)
132 -Road Crossing
3,378. (square feet)
0 (square feet)
133 -Drainage Conveyance -treated
678 (square feet)
0 (square feet) .
2. Stormwater Management Plan (SMP) Approval;fro" m'Local Community Required
The stormwater management plan (SMP) must',be', approved by the City of Raleigh, and meet
the requirements of this. Certification. The SM,P;may' not be modified without prior written
authorization from the City of Raleigh. [15A NCAC 02H .0506(b)(3)]
3. No Waste, Spoil, Solids, or Fill of Any Kind
No .waste, spoil, solids, or fill of any kind shall occur.in wetlands, waters, or riparian areas
beyond the footprint of the impacts depicted in the Pre -Construction Notification. All
construction activities, including the design, installation, operation, and maintenance of
sediment and erosion control Best•Managemen't Practices, shall be'performed so that no
violations of state water quality standards, statutes, or rules occur. [15A NCAC 02H .0501
and .0502]
4. Protective Fencing,
The outside buffer, wetland or water boundary and along,the construction corridor within
these boundaries approved under this authorization shall be clearly marked with orange
warning fencing (or similar high visibility material) for the areas that have been approved to
infringe within the buffer, wetland or water prior to any land disturbing activities toe I nsure
compliance with 15 NCAC 02H .0500. '[15A NCAC 02H.0506 (b)(2) and (c)(2) and 15A NCAC
.02H .0507 (c)]

The Station at Raleigh
DWR #18-0005
401 AND BUFFER APPROVAL
Page 3 of 4
5'. 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 and
'Buffer Authorization. If you change your project, you must notify the Division and you may
be required to submita 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
and is responsible ;for complying with all conditions. [15A NCAC'.02B .0507(d)(2)]
6. This approval'and its conditions are final and binding unless contested. ,[G.S. 143-215.5]
ThisCertification and Buffer Authorization 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). A petition form"may be obtained,from the
OAWathtt ://www.;,ncoa h.coml o'r by calling the OAH Clerk's O'ffi'ce: at (919),431-3000 for.
information.
Within sixty`(60) calendar days of receipt of this notice, a petition must be filed with the. .
OAH. A petition is considered filed"when the original and one (1) copy along with„any
applicable OAH filing fee is received iwthe 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 t'r'ansmission.
Mailing address for the OAH:
If sending by First Class Mail,If sending via delivery service
via the US Postal Service: (e.g. UPS, FedEx):
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
i�
One (1) copy of the petition must a'l'so be served to Department of Environmental Quality:
William F. Lane, General Counsel
Department of Environmental; Quality
1601 Mail Service Center
Raleigh, NC 27699-16,01
Please send one (1) copy of the petition to ,bWR:
If sending by First Class Mail If sending via delivery service
via the US;Postal Service: (e.g. UPS, FedEx);
i

Karen Higgins
NC DWR — 401 & Buffer Permitting Branch
1617 Mail Service Center
Raleigh, NC 27699-1617
The Station at Raleigh
DWR #18-0005
401 AND BUFFER APPROVAL
Page 4 of 4
Karen Higgins
NC DWR — 401 & Buffer Permitting Branch
512 N. Salisbury Street
Raleigh, NC 27604
This letter completes the review of the Division under section 401 of the Clean Water Act and
the Neuse Riparian Buffer Rules as described in 15A NCAC 02B .0233. Please contact Stephanie
Goss at 919-791-4256 or [e-mail] if you have any questions or concerns.
Sinc rely
Danny Smith
Supervisor, Water Quality Regional Operations Section
Enclosure: GC 4139
cc: U.S. Army Corps of Engineers; Raleigh Regulatory Field Office; 3331 Heritage Trade Dr.,
Ste. 105; Wake Forest, NC 27597
DWR RRO 401/Riparian Buffer file
DWR 401 & Buffer Permitting Unit via Laserfiche
Jason Hartshorn via e-mail at [e-mail]