20130276 Ver 1_Approval Letter_20130409

NCDEE R
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
Wyatt Brown
Brown Environmental Group
242 Batten Farm Road
Selma, NC 27576
Subject Property:
Dear Mr. Brown:
Division of Water Quality
Charles Wakild, P. E.
Director
April 9, 2013
Approval of 401 Water Quality Certification
Pebble Creek Subdivision, Phase I
John E. Skvada, III
Secretary
DWQ # 13 -0276
Johnston County
You have,our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise permanently impact 0.085 acre of wetland, as described within your application
received by the N.C. Division of Water Quality (Division) on March 21, 2013. The impacts are covered by
General Water Quality Certification Number 3890, which allows you to use Nationwide Permit NW29
when issued by the US Army Corps of Engineers (USACE). In addition, you should obtain or otherwise
comply with any other required federal, state or local permits before you go ahead with your project
including (but not limited to) Erosion and Sediment Control, Non - discharge, and other regulations. This
approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your
application shall expire upon expiration of the 404 or CAMA Permit.
This approval is for the purpose and design that you described in your application. If you change your
project, you must notify us and you may be required to send us a new application. If the property is
sold, the new owner must be given a copy of this Certification and approval letter and is thereby
responsible for complying with all conditions. This approval requires you to follow the conditions listed
in the attached certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions
of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including
incidental impacts:
Type of Impact
Amount Approved (Units)
Plan Location or Reference
Wetland - permanent
0.085 (acre)
Section C.2 of PCN for Wetland Impacts
2. 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
Wetlands, Buffers, StomrNater — Compliance and Permitting (Webscape) Unit
1650 Mail Service Center, Raleigh, North Carolina 27699 -1650 One
Location: 512 N Salsbury SL Raleigh, North Carolina 27604 atura!!r�
Phone: [phone] FAX. [phone] Customer Service. 1-877-623-6748
ww
Internet: w wwaterquality org

Pebble Creek Subdivision, Phase I
Page 2 of 2
April 9, 2013
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.
You can contest this Certification as provided in Articles 3 and 4 of General Statute 1506 by filing a
written petition for an administrative hearing to the Office of Administrative Hearings. You may obtain a
petition form from the Office of Administrative Hearings at http: / /www.ncoah.com/ or call (919) 431-
3000 for information.
Within sixty (60) calendar days of receipt of this Certification, you must file the petition with the Office
of Administrative Hearings. A petition is considered filed when the original and one (1) copy is received
in the Office of Administrative Hearings during normal office hours (Monday through Friday between
8:OOam and S:OOpm, excluding official state holidays).
The petition may be faxed to the Office of Administrative Hearings at (919) 431 -3100, provided the
original and one copy of the petition is received by the Office of Administrative Hearings within five (5)
business days following the faxed transmission.
Mailing address for the Office of Administrative Hearings:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699 -6714
One (1) copy of the petition must also be served to DENR:
Lacy Presnell, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699 -1601
Unless such a petition is filed, this Certification shall be final and binding.
Sinc rely,
Danny SmitlySupervisor
Surface Water Protection — Raleigh Regional
Office
Enclosures: GC 3890
cc: U.S. Army Corps of Engineers; Raleigh Regulatory Field Office; 3331 Heritage Trade Drive, St. 105;
Wake Forest, NC 27597
Dan Simmons; Triangle Civilworks, PA; 211 Tyler Drive; Smithfield, NC 27577
Karen Higgins, DWQ CO files
File Copy
Filename: 130276PebbleCrSDPhi (Johnston)- 401.docx