20190999 Ver 1_Approval Letter_20190918

ROY -COOPER,
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
September 18 2019
Dan Ryan Builders -North Carolina, LLC,
Attn: Jay C. Lewis
3000, RDU_ Center Drive, Suite 202
,Morrisville, NC 27560
NORTH CAROLINA
Environmental Quality
DWR #19-0999
Ddrham,County
Subject: APPROVAL OF 401 WATER QUALITYCERTIFICATIO,NWITH ADDITIONAL
CONDITIONS
Atwater
Dear Mr. Lewis:,
You have our approval for the.impacts listed below for the'ipuepose described inn -your
application received by the Division of Water Resources (Division) on July 25, 2019 with
payment. received on July 30, 2019.1 ' These impacts areicibvered 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 29 once it.is jssued' to you by the U.S.
Arm I
.y Corps of Engineers. Please note that you geti,any other federal, state or local
permits befor . e proceeding with your project, includingltl6se required by (but not limited to)
Sediment and Erosion Control, N6n-Discharge, and Water SupplyWatershed 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,oth!6r impacts are, approved,
including incidental impacts.. '[15A NCAC,02B.0506(b)(L)]
North CaroVtw Departax-rit of Quafity Division of 4V�iter Resumn-,6
WV 3600136v I rett Drive I
919,791.4200
ve*mwiii U 0

Atwater
DWR #19-0999
401 APPROVAL
Page 2 of 4
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Wetland
W1: Road Fill
0.048 (acres)
0 (acres)
W2: SCM Drainage Pipe
0.033 (acres)
0 (acres)
Stream
S1: Road Crossing
90 (linear feet)
0 (linear feet)
S2: Road Crossing -Construction Access
0 (linear feet)
65 (linear feet)
S3: Road Crossing -Rip Rap
18 (linear feet)
0 (linear feet)
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. The permittee shall report to the Raleigh 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.
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)]

Atwater
bwR #19-0999
401APPROVAL
Page 3 of 4
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.. [15ANCAC 02B .0507(d)(2)]
This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]
This Certification can be contested,as provided in General Statute 1506 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.com/ or by calling the OAH
Clerk's Office at (919) 431=3000 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 'Fr'i'day 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
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.

Atwater
DWR #19-0999
401APPROVAL
Page 4 of 4
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 [e-mail] if you have any
questions or concerns.
Assistant 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 file
DWR 401 & Buffer Permitting Unit via Laserfiche
Deborah Shirley via e-mail at [e-mail]