20171645 Ver 1_Approval Letter_20180315

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Water Resources
ENVIRONMENTAL QUALITY
March 15, 2018
Dan Ryan Builders
3.131 RDU. Center Drive, Suite 120
Morrisville, NC 27560
ROY COOPER
Governor
MICHAEL S. REGAN
Secretory
LINDA CULPEP PER
Interim Director
DWR #17-1645
Durham County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
1201 Ellis Road .
To Whom it May Concern,
You have our approval for the impacts listed below for the purpose described in your application
dated December. 20, 2017 and received by the Division of Water Resources (Division)' on,
December 21; 2017. These impacts are covered by the attached Water Quality.General
Certification Number 4:139 and the conditions listed below. This certification is associated with
the.u•se'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 oftheCertification are meta No other impacts are approved, including incidental
impacts. [15A NCAC 02B .0506(b)(c)]
.'
Division of Water Resources, Raleigh Regional Office, Water Quality Operations Section ' http://l)ortal.nedefir.Org/web/wq/aps
1628 Mail Service Center, Raleigh, NC 27699-1628 Phone: [phone]
Location: 3800 Barrett Drive, Raleigh, NC 27609 Fax: (919) 788=7159• .
A

1201 Ellis'Rd. \
DWR #17-1645
40.1 APPROVAL
Page 2 of,4
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Stream
S1 -Culvert
127 (linear feet)
0 (linear feet)
Wetlands
W1A-Fill
.072 (acres)
0 (acres)
W113 -Fill
.025 (acres)
0 (acres)
W1C4ill .
.002 (acres)
0 (acres)
2. StormvUater Management Plan (SM,P) Approval from, Local Community. Required
The sto'rmwater management plan (SMP) must be approved by the City of Durham and meet
the requirements of this Certification. The SMP may not be modified without prior written
authorization,from the City of Durham. [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 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
02H .0507 (c)]
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. 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 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. 143-215.51

1201 Ellis Rd.
DWR #17-1645
401APPROVAL
Page 3 of 4
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 (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 in the OAH during normal office hours (Monday through Friday between.,
8:00am and 5:00pm;,exclu,ding official'state holidays).
The petition maybe faxed to the OAH 'at [phone], provided the original and one copy of
the petition along with any applicable .QAH filing'fee is received by the OAH within five (5)
business days following the faxed tra'nsm,ission.
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 27.699-1601
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

1201 Ellis Rd.
DWR #17-1645
401 APPROVAL
Page 4 of 4
This letter completes the review of the Division under section 401 of the Clean Water Act. Please
contact'Rick Trone at 919-791-4257 or ricl<[e-mail] if you have any questions or
concerns.
Sincerely,
Danny Smith
Supervisor, Water,Quality Regional Operations Section
Enclosure: GC 4139
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cc: U.S. Army Corps of Engineers; Raleigh Reg lat'ory Field Office; 3331 Heritage Trade Drive,
Ste. 105; Wake Forest, NC 27597
DWR RRO 401 file
DWR 401 & Buffer Permitting Unit via Ca'se;rfiche .
Jim Spangler via e-mail at ispangler@span�lerenvir.onmental.com