20180088 Ver 1_Approval Letter_20180216

ROY COOPER
Governor
;a
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Water Resources Interim
ENVIRONMENTAL QUALITY Director
February 16, 2018
DWR #1.8-0088
Johnston County
Zaytoun Enterprises LLC
Attn: Henry S. Zaytoun, Sr.
5041 Six.Forks Road, Suite 200
Raleigh', NC 27609-4494
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
Zaytoun Property
Dear Mr.. Zaytoun:
You'have our approval -for the impacts listed below for the purpose described in your application dated January
19, 2018i'and received by the Division of Water Resources (Division) on January 19,'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.
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
I
f 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)]
Type of Impact
Amount Approved
(units)
Permanent .
Amount Approved
(units)
Temporary
Wetland
W1 — Fill/Road Construction
0.124 (acres)
0 (acres)
W2 — Fill/Road Construction
0.075 (acres)
0 (acres)
W3 — Sewer Line Installation
0 (acres)
0.051 (acres)
W4 — Sewer Line Installation
0 (acres)
0.007 (acres)
Division of Water Resources, Raleigh Regional Office, Water Quality Operations Section htq)://portal.ncden.r.org/web/wq/aps
1628 Mail Service Center, Raleigh, 'NC 27699-1628 _ Phone: [phone]
Location: 3800 Barrett Drive, Raleigh, NC 27609 Fax: [phone]

Zaytoun Property
DWR #18-0088
401 AND BUFFER APPROVAL
Page 2 of 3
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Buffers — Zone 1
Bl—Fill/Road Construction
1,359 (square feet)
0 (square feet)
Buffers — Zone 2
B1 — Fill/Road Construction
2,915 '(square feet)
0 (square feet)
Stormwater Management Plan (SMP)Approval from Local Community Required
The stormwater management plan (SMP) must be approved by Johnston County and meet the requirements of
this Certification.. The SMP may not be modified without prior written authorization from Johnston
County. [15A NCAC 02H .0506(b)(3)]
3. No Waste, Spoil, Solids, or Fill of Any
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 Management
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 to ensure compliance with, 15 NCAC 02H.0500. [15A NCAC 02H .0506
(b)(2) and (c)(2) and 15A NCAC 0211.0507 (c)]
5. This approval is for the purpose and design described iniyour 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 submit a new application package with
-the appropriate fee. If the property is sold, the new.owner'; imust 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]
This Certification 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). Apetition form may be obtained from the OAH at http:/hvww.iicoah.com/ or by calling the
OAH Clerk's Office at (919) 4313000 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 in the
OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm,. excluding official state
holidays).

Zaytoun Property
DWR #18-0088
401 AND BUFFER APPROVAL
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 by First Class Mail
via the US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
If sending via delivery service
(e.g. UPS, FedEx):
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
Please send one (1) copy of the petition to DWR:
If sending by First Class Mail
via the US Postal Service:
Karen Higgins
NC DWR — 401 & Buffer Permitting
Branch
1617 Mail Service Center
Raleigh, NC 27699-1617
If sending via delivery service
(e.g. UPS, FedEx):
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 Jeremiah Dow at 919-791-4248 or
jeremiah.dowL&ncderu.gov if u have an questions or concerns.
Deerely
Danny Smit
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
Sean Clark, Sage Ecological Services, Inc viae -mail at SClark,,d.Sag eEcolo,,ical.com