20180455 Ver 1_Approval Letter_20181005

Ploy COOPER
MICHAEL S. OCE AN
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LINDA CULPEPPER
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WORTH CAROLINA
Eltvironmental Quality
October 5, 2018
DWR # 20180455
Watauga County
Bingham Holdings LLC
Attn: John Seldomridge
539 Versailles Dr
Maitland, FL 32751
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
Rogers Mechanical Site Storage Buildings
Dear Mr. Seldomridge:
You have our approval for the impacts listed below for the purpose described in your application dated
and received by the Division of Water Resources (Division) on March 29,2018, with payment received
on April 4, 2018, and with subsequent information on April 20, 2018, August 8, 2018, September 15,
2018 and October 3, 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 39 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(s) or general
permit 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 02H .0506(b) and/or (c)]
Type of Impact
Amount Approved (units)
Permanent
Amount Approved (units)
Temporary
Stream
D. Q9
North Carolina Department of Environmental Quality I Division of Water Resources
450 W. Hanes Mill Rd, Winston-Salem, NC 27107
336.776-9800

Bingham Holdings LLC
DWR# 20180455
401APPROVAL
Page 2 of 4
Site 1
49 (linear feet)
(linear feet)
Culvert removal
0 (linear feet)
87 (linear feet)
404/401 Wetlands
Site 1
0.10 (acres)
0 (acres)
Wetland restoration
0 (acres)
0.03 (acres)
2. 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(s)/Permit/Authorization and is
responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)]
3. The Permittee shall comply with the Unauthorized Activity Corrective Action Plan as approved
by the USACE.
4. Please be aware that by having impacted streams and wetlands without first applying for and
securing the issuance of a 401 Water Quality Certification, you have violated Title 15A of the
North Carolina Administrative Code (NCAC) 2H .0500. Title 15A NCAC 2H .0500 requires
certifications pursuant to Section 401 of the Clean Water Act whenever construction or
operation of facilities will result in a discharge into navigable waters, including wetlands, as
described in 33 Code of Federal Regulations (CFR) Part 323. It also states any person desiring
issuance of the State certification or coverage under a general certification required by Section
401 of the Federal Water Pollution Control Act shall file with the Director of the North Carolina
Division of Water Quality. Pursuant to G.S. 143-215.6A, these violations and any future
violations are subject to a civil penalty assessment of up to a maximum of $25,000.00 per day
for each violation. [15A NCAC 2H .05001
5. The permittee shall report to the Winston Salem Regional Office any noncompliance with this
certification, any violation of stream or wetland standards [15A NCAC 02B .0200] including but
not limited to sediment impacts, and any violation of state regulated riparian buffer rules [15A
NCAC 02B.0200]. Information shall be provided orally within 24 hours (or the next business day
if a weekend or holiday) from the time the applicant became aware of the circumstances. A
written submission shall also be provided within 5 business days of the time the applicant
becomes aware of the. circumstances. The written submission shall contain a description of the
noncompliance, and its causes; the period of noncompliance, including exact dates and times, if
the noncompliance has not been corrected, the anticipated time compliance is expected to
continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the
noncompliance. The Division may waive the written submission requirement on a case-by-case
basis.
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 150B by filing a
written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as
OAH) within sixty (60) calendar days.

Bingham Holdings LLC
DWR# 20180455
401 APPROVAL
Page 3 of 4
A petition form may be obtained from the OAH at h_ttp://www.ncoah.com/ or by calling the OAH Clerk's
Office at [phone] for information. 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 via US Postal Service: If sending via delivery service (UPS, FedEx, etc):
Office of Administrative Hearings Office of Administrative Hearings
6714 Mail Service Center 1711 New Hope Church Road
Raleigh, NC 27699-6714 Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to DEQ:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review of the Division under section 401 of the Clean Water Act. Please
contact Sue Homewood at 336-776-9693 or sue.homewoodgncdenngov if you have any questions or
concerns.
Sincerely,
Sherri V. Knight, P. E.
Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ— WSRO
Enclosures: GC 4139

Bingham Holdings LLC
DWR# 20180455
401 APPROVAL
Page 4 of 4
cc: Justin Rogers (via email)
Amanda Fuemmeler, USACE Asheville Regulatory Field Office (via email)
Andrea Leslie, NCWRC (via email)
DWR WSRO 401 file
DWR 401 & Buffer Permitting Unit file