20180450 Ver 1_Approval Letter_20180511

May 11, 2018
DWR #18-0450
Durham County
Miller Real Estate Company of Durham, Inc.
Attn: Kay M. Goad
P.O. Box 2734
Durham, NC 27715
Subject: .APPROVAL OF 401 WATER OLIALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
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To Whom It May Concern:
You have our approval for the impacts listed below for the purpose described in your application
dated March 27, .2018 and received by the Division of Water Resources (Division) on -March 27,
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 18 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 of the Certification are met. No other impacts are approved, including incidental
impacts. [15A NCAC 02B.0506(b)(c)]
Type of Impact
Amount
Amount
Approved (units),
Approved (units)
Permanent
Temporary
Wetland
W1 -Fill
0.041 (acres)
0 (acres)
Division of Water Resources, Raleigh Regional Office, Water Quality Operations Section http:l'portal.nedetir.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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401APPROVAL
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2. Stormwater Management Plan (SMP) Approval from Local Community Required
.The stormwater 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
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.
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).
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
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401 APPROVAL
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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.gossC*)ncdenr.Eov if you have any
questions or concerns.
a
� v
Danny Smi
Supervisor, Water Quality Regional Operations Section
Enclosure: GC 4139

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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]