20151024 Ver 2_Approval Letter_20180226

F;
Water Resources
ENVIRONMENTAL QUALITY
February 26, 2018
George Jordan III
P.O. Box 4422
Cary, NC 27519
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Interim Director
DWR #15-1024 v2
, Wake County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
Midtown
Dear Mr. Jordan:
Youhave our approval for the impacts.listed below for the purpose described in your application
dated January 25, 2018 and received by the Division of Water Resources (Division) on January 25,
2018. These impacts are covered,by the attach'ed-Water Quality General Certification Number
4139 and the conditions listed below. This certification is associated with th&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 (buVnot Limited -to) Sediment and Erosion Control', Non -Discharge,
and Water Supply Watershed regulations. This.401 Water Quality Certification, for DWR #15-
1024 v2 replaces the 401 Water Quality Certification for #15-1024 dated October 14, 2015.
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 are met., No•other-impacts.are approved, including incidental
impacts. [15A NCAC.Q2B .0506,(b)(c)]
Type of Impact .
Amount
Approved (units)
Permanent
Amount
Approved (units)
Temporary
Wetland "
W1 -Fill
0.022 (acres)
0 (acres)
W2, -Fill- fit.
0.031 (acres)
0 (acres)
W'3 -Fill
0.006 -(acres)
0 (acres)
Division of Water Resources, Raleigh Regional Office„ Nater Quality Operations Section http://poi-tal.ncdenr.org/web./wq/aps
1628 Mail Service Center, Raleigh, NC 27699-1628 Phone: [phone]
Location: 3800 Barrett Drive, Raleigh, NC 27609 Fax: [phone]

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Midtown
DWR #15-1024 v2
401 APPROVAL
Page 2 of 5
Type of Impact
Amount
Approved (units)
Permanent
Amount
Approved (units)
Temporary
W4 -Fill
0.038 (acres)
0 (acres)
W5 -Fill
0.004 (acres)
0 (acres)
W6 -Fill
0.041 (acres)
0 (acres)
Stormwater Management Plan (SMP) Approval from Local Community Required
The Stormwater management plan (SMP) must be approved by the Town of Cary and meet
the requirements of this Certification. The SMP may not be modified without prior written
authorization from the Town of Cary_ . [15A NCAC 02H .0506(b)(3)]
No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall'
beyond the footprint of the impacts depicted'
construction activities, including the design,,ir
sediment and erosion control Best Managem,1
violations of state water quality standards, sty
and .0502] '
Protective Fencing
The outside buffer, wetland or water bounds
these boundaries approved underthis author
warning fencing (or similar high visibility mat'
infringe within the buffer, wetland or water; K
compliance with 15 NCAC 02H .0500. [15A N
02H .0507 (c)]
ur in wetlands, waters, or riparian areas
he Pre -Construction. Notification. All
Ilation, operation, and maintenance of
Practices, shall be performed so that no
,es, or rules occur. [15A NCAC 02H .0501
id along the construction corridor within
on shall be clearly marked with orange
i for the areas that have been approved to
to any land disturbing activities to ensure
02H .0506 (b)(2) and'(c)(2) and 15A NCAC
This approval is for the purpose and design de"s"cribed in your application: The plans andi
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. ilfthe 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'fin,al.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). 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.

Midtown
DWR #15-1024 v2
401 APPROVAL
Page 3 of 5
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
&00am and 5:00pm, excluding official state holidays).
Thepetition 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 If sending via delivery service
via the US Postal Service: .(e.g. UPS, FedEx):
Karen Higgins Karen Higgins . -
NC DWR-401 & Buffer Permitting NC DWR-401 & Buffer Permitting
Branch Branch
-161 7 Mail Service Center 512 N. Salisbury Street
Raleigh, NC 27699-1617 Raleigh, NC -27604

Midtown
DWR #15-1024 v2
401 APPROVAL
Page 4 of 5
This letter completes the review of the Division under section 401 of the Clean Water Act. Please
contact Stephanie Goss 19-791-4
questions or concern
ince ely,
Danny Smi
6 or [e-mail] if you have any
Supervisor, Water Quality Regional Operations Section
Enclosure: GC 4139
cc: U.S. Army Corps of Engineers; Raleigh Regulatory Field Office; 3331 Heritage Trade Drive,
Ste. 105; Wake Forest, NC 27597
DWR RRO 401 file
DWR 401 & Buffer Permitting Unit via Laserfiche
Kevin Martin via e-mail at [e-mail] sandec.com