20180511 Ver 1_Approval Letter_20180525

Water Resources
ENVIRONMENTAL QUALITY
May 25, 2018
Gen Holdings, LLC
Attn: Earl Dickinson
1207 Roseneath Road
Richmond, VA 23230 .
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Interim Director
DWR #18-0511
Franklin County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
AUTHORIZATION CERTIFICATE PER THE TAR-PAMLICO RIVER BASIN RIPARIAN BUFFER
PROTECTION RULES (15A NCAC 026.0259) WITH ADDITIONAL CONDITIONS
Oak Park
Dear Mr. Dickinson:
You have our approval for the impacts listed below'for the purpose described' in your
application received by the Division of Water Resources'(Division) on April 10, 2018 with
payment received on April 11, 2018. The impacts are covered by the attached General Water
Quality 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 (USACE). 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, General Permit and/or Buffer Rules are met. No
other impacts are approved, including incidental impacts.
Division of Water Resources, Raleigh Regional Office, Water Quality Operations Section http:/,'poital.ncdetir.org/Nveb/Nvq/Aps
1,628 Mail Service Center, Raleigh, NC 27699-1628 Phone: [phone]
Location: 3800 Barrett Drive, Raleigh, NC 27609 Fax: [phone]

Oak Park
DWR #18-0511
401 AND BUFFER APPROVAL
Page 2 of 4
Type of Impact
Amount Approved '
(units)
Permanent,
Amount Approved
(units)
Temporary
Wetland
Buffer -Zone 1
22,950 (square feet)
W1-FIII
0.079 (acres)
0 (acres)',
Stream
NC DMS
Tar -Pamlico: 03020101
S1 -Road Crossing
108 (linear feet)
0 (linear feet)
Buffers, — Zone 1
B1 -Sanitary Sewer
1,014 (square feet)
0 (square feet)
132 -Road Crossing
7,650 (square feet)
0 (square feet)
Buffers — Zone 2
B1 -.Sanitary Sewer
1,305 (square feet)
-0 (square feet)
132 -Road Crossing
6,696 (square feet)
0 (square feet)
B3,-DHv'eway
403 (square feet)
0 (square,feet)
2. Stormwater Management Plan (SMP) Approval from Local Community Required
The stormwater management plan (SMP) must be approved by Franklin County and meet
the requirements of this Certification. The SMP may not be modified without prior written
authorization from Franklin County. [15A NCAC 02H .0506(b)(3)]
3. Compensatory Mitigation Using a Private Mitigation Bank
Mitigation ,must be provided for the proposed impacts as specified in the, table below. The
Division has received an acceptance letter from the DMS to meet this mitigation
requirement. Until the DMS receives and clears your payment, and proof of payment has
been provided to.this'Office, no impacts specified in this Authorization Certificate_ shall
occur. For'accounting purposes, this Authorization Certificate authorizes payment to the
DMS to meet the following compensatory mitigation requirement [15A NCAC 02H .0506
(b)(6)]:
4. 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]
Compensatory ,
Mitigation Required
Bank Sponsor
River & Sub -basin
Number
Buffer -Zone 1
22,950 (square feet)
NC DMS
Tar -Pamlico: 03020101
Buffer -Zone 2
10,648.5 (square feet).
NC DMS
Tar -Pamlico: 03020101
4. 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]

Oak Park
DWR #18-0511
401 AND BUFFER APPROVAL
Page 3 of 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)].'
6. 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 and
Buffer Authorization. If you change your project, you must notify the. Division and you maybe
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 letterand General Certification
and is responsible for complying,with all conditions. [15A NCAC 02H .0501 and .05021
This;approval and its conditions are final and binding unless contested.
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). A petition form maybe 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, (I) 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:OOpm, ,excluding official state h'olidays).
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
Oak Park
DWR #18-0511
401 AND BUFFER APPROVAL
Page 4 of 4
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 Tar -Pamlico Riparian Buffer Rules as described in 15A NCAC 02B .0259. Please contact
Stephanie Goss at 919-791-4256 or stepb, r [e-mail] if you have any questions or
con rns.
pincer ly,
Danny Smi
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 files
DWR RRO 401 & Buffer file via Laserfiche
Sean Clark via e-mail at sclark sa eecolo-ical.com