20181080 Ver 1_Approval Letter_20181023

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October 23, 2018
DWR # 20181080
Forsyth County
SMI Properties LLC
Attn: Mr. Brian Shugart
221 Jonesville Rd
Winston-Salem NC 27104
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
APPROVAL of JORDAN LAKE RIPARIAN BUFFER IMPACTS WITH ADDITIONAL CONDITIONS
Drummond Place
Dear Mr. Shugart:
You have our approval for the impacts listed below for the purpose described in your application dated
August 1, 2018, received by the Division of Water Resources (Division) August 3, 2018, with subsequent
information on September 14, 2018. These impacts are covered by the attached Water Quality General
Certification Number 4139 and the Jordan Lake Riparian Buffer Rules 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. 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 and Jordan Lake Riparian Buffer Rules are met. No other impacts
are approved, including incidental impacts. [15A NCAC 02H .0506(b) and/or (c)] and 15A NCAC
02B .0267(8)]
res �.wQ. E Q3
North Carolina Department of Environmental Quality I Division of Water Resources
450 W. Hanes Mill Rd, Winston-Salem, NC 27107
336.776-9800

SMI Properties LLC
DWR# 20181080
401/Buffer APPROVAL
Page 2 of 4
Type of Impact
Amount Approved (units)
Permanent
Amount Approved (units)
Temporary
Stream
Utility easement 1
0 (linear feet)
20 (linear feet)
Utility easement 2
0 (linear feet)
20 (linear feet)
Utility easement 3
0 (linear feet)
20 (linear feet)
Road Crossing
70 (linear feet)
50 (linear feet)
404/401 Wetlands
Utility easement 1
0 (acres)
0.026 (acres)
Utility easement 2
0 (acres)
0.036 (acres)
Road Crossing
0.062 (acres)
0.046 (acres)
Buffers —Zone 1
Road crossing
835 (square feet)
0 (square feet)
Buffers —Zone 2
Line 1001-1000
533 (square feet)
0 (square feet)
Line 401-400
263 (square feet)
0 (square feet)
Line 501-100
420 (square feet)
0 (square feet)
Line 601-100
550 (square feet)
0 (square feet)
Road Crossing
1400 (square feet)
0 (square feet)
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/Authorization. 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)]
The Division approves the Diffuse Flow Plan consisting of four scour pools and all associated
stormwater conveyances, inlet and outlet structures, and the grading and drainage patterns
depicted on plan sheets dated September 10, 2018, which are incorporated by reference and
are enforceable by the Division. Additional drainage that are not shown on the plans may not be
added in the future without appropriate stormwater management or diffuse flow device(s) and
approval from the Division. The following conditions also apply [15A NCAC 02H .0506(b)(5)]:
The overall built -upon area (BUA) for the project shall be maintained at or below those
identified in the approved drawings. Any increases in BUA require prior approval from the
Division.
b. The footprint of all diffuse flow device(s) as well as an additional 10 -foot wide area on all
sides of the device(s) shall be located in either public rights-of-way, dedicated common
areas or recorded easement areas. The final plats for the project showing such rights-of-
way, common areas and easement areas, shall be in accordance with the approved plans.
c. The approved diffuse flow plan shall be constructed and operational before any permanent
building or other structure is occupied at the site.

SMI Properties LLC
DWR# 20181080
401/Buffer APPROVAL
Page 3 of 4
d. The diffuse flow plan may not be modified without prior written authorization from the
Division.
e. Maintenance activities for diffuse flow device(s) shall be performed in accordance with the
notarized O&M agreements signed by Brian Shugart on October 17, 2018. The O&M
agreement shall transfer with the sale of the land or transfer of ownership/responsibility for
the approved diffuse flow plan. The Division shall be notified promptly of every transfer.
f. If any erosion problems are observed in the buffer area downslope of the stormwater
discharge points/diffuse flow devices, then you shall immediately repair and correct the
problem and prevent further damage and sediment discharge to the buffer area and/or
receiving surface waters. Please be aware that these repairs may require you to obtain a
404 Permit from the Corps and a 401 Certification from the Division.
g. The applicant and/or authorized agent shall provide a completed Certificate of Completion
form to the Division within thirty (30) days of project completion (available at
https://edocs.deg.nc.gov/Forms/Certificate-of-Completion)
4. 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. 143-215.51
This Certification/Authorization/Permit 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) / thirty (30) (60 days for 401/ Buffer, 30 days for isolated)
calendar days.
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. 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:OOam and S:OOpm, 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.

SMI Properties LLC
DWR# 20181080
401/Buffer APPROVAL
Page 4 of 4
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 / Isolated
Wetlands and Isolated Waters Rules/ and the Riparian Buffer Rules as described in 15A NCAC
XXXX. Please contact Sue Homewood at 336-776-9693 or [e-mail] 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
cc: Brad Luckey, Pilot Environmental (via email)
Bryan Roden -Reynolds, USACE Charlotte Regulatory Field Office (via email)
Olivia Munzer, NCWRC (via email)
DWR WSRO 401 file
DWR 401 & Buffer Permitting Unit file