20150500 Ver 2_Approval Letter_20180427

ROY COOPER
Governor
MICHAEL S. REGAN
Secretory
LINDA CULPEPPER
WaterResources, InteriniDirector
ENVIRONMENTAL QUALITY J
April 27, 2018
DWR #15-0500 v2
Wake County
MDI Management, LLC-
Attn: Shawn l3pichler
120 4th street SW
Hickory, NC28602-
Subject:,; APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH "ADDITIONAL CONDITIONS
Lowes at Greystone
Dear Mr., Beichle'r:
You have.our approval for the impacts'listed below,forthe purpose described in your application
received by the Division of Water Resources (Division) on March 15', 2018 with payment received
on, March 16, 2018. These impacts are covered by the attached Water Quality General
Certification: Number 4139 and the, conditions listed be': I o"w.- This certification is associated with
the use of Nationwide Permit.Number 39 once it is issued to you by the U.S. Ar my Corps of
Engi.neers. 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 Wa ershed -regulations., This 401 Water -
Quality Certification for ®WR 15-0500 v2 replaces the 401 Water Quality Certification for IS -
0500 v1 dated May 29, 2015.
This . s 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 02B.0506(b)(c)]
Type of Impact rnppct
Amount Approved, (Units)
Permanent
Amount Approved (units)
Temporary
Wetland
W1 -Fill
0.033(acres)
0 (acres)'
W2 -Fill
0.130 "(acres)
0, (acres)
W2 -Fill _0.026
(acres)
0. (acres)
Division of Water Resources, Raleigh Regional Office, Water Quality Opetatibns*Sectio'n i http://portal.n'cdeiir.org/web/wq/-,ips
1628 Mail Service Center, Raleigh, NC 27699-1628 Phone: [phone]
Location: 3800 Barrett Drive, Raleigh, NC 27609 Fax: [phone]'59.

Lowes at Greystone
DWR #15-0500 v2
401APPROVAL
Page 2 of 4
2. 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)]
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, operations 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_ao ensure
compliance with 15 NCAC 02H .05.00. [15A NCAC 02H .0506 (b)(2) and (c)(2) and 15A NCAC
02H .0501 (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 0213 .0507(d)(2)] 1 .
6. 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:15013by
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.n6o6h.com/ or by calling the OAH Clerk's Office at [phone] for information..
Within sixty (60) calendar days of"receipt of this notice, a petition must be filed with the OAH. A
petition is consideredfiled 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 by First Class Mail
via the US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Lowes at Greystone
DWR #15-0500 v2
401APPROVAL
Page 3 of 4
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. Please
contact Stephanie Goss at 919-791-4256 or stephanie.gossPncdenr.gov if you have any
questions or concer
Sincerely,
Danny Smit
Supervisor, Water Quality Regional Operations Section

Lowes at Greystone
DWR #15-0500 v2
401 APPROVAL
Page 4 of 4
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 401Z Buffer Permitting Unit via Laserfiche
Richard, E. Lowe via e-mail at rerwakefld2aol.com
Troy Beasley via e-mail at [e-mail]