20042029 Ver 2_Approval Letter_20190612

ROY COOPER
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MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
June 11, 2019
Cross Real Estate Group
Attn: Todd Harrelson
9615 Bales Lane
Charlotte, NC 28227
NORTH CAROLINA
Environmental Quality
DWR #04-2029 v2
Wake County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL
CONDITIONS
Ralph Stevens Hwy 55 Retail
Dear Mr. Harrelson:
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 25, 2019 with
payment received on April 26, 2019. 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. 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 Approved (units) Amount Approved (units)
Permanent Temporary
Wetland
W1: Fill 0.25 (acres) 0 (acres)
2. Stormwater Management Plan SMP Approval from Local Community Required
The stormwater management plan (SMP) must be approved by the Town of Holly Springs
and meet the requirements of this Certification. The SMP may not be modified without
prior written authorization from the Town of Holly Springs. [15A NCAC 02H .0506(b)(3)]
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Ralph Stevens Hwy 55 Retail
DWR #04-2029 v2
401 APPROVAL
Page 2 of 3
3. The permittee shall report to the Raleigh Regional Office any noncompliance with this
certification, any violation of stream or wetland standards [15A NCAC 02B .02001 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.
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)]
This approval and its conditions are final and binding unless contested. [G.S. 143-215.51
This Certification and Buffer Authorization can be contested as provided in General Statute
1508 by filing a written petition for an administrative hearing to the Office of Administrative
Hearings (hereby known as OAH) within sixty (60) calendar days.
A petition form may be obtained from the OAH at http://www.ncoah comor 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 8:00arn and 5:00pm, excluding official state
holidays).

Ralph Stevens Hwy 55 Retail
DWR ##04-2029 Q
401 APPROVAL
Page 3 of 3
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
This letter completes the review of the Division under section 441 of the Clean Water Act.
Please contact Stephanie Goss at 919-791-4256 or [e-mail] if you have any
questions or concerns.
Sincerely,
Karen Higgins
Supervisor, 401 & Buffrrmittinig Branch
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 401 & Buffer Permitting Unit via Laserfiche
Troy Beasley via e-mail at tbeaslevPwithersravenel.com
Tommy Lefevers via e-mail at [e-mail]