20130683 Ver 1_Approval Letter_20130801

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WNW
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
W & W Partners, Inc.
Attn: Kyle Ward
1000 Darrington Drive, Ste. 105
Cary, NC 27513
Division of Water Quality
Thomas A. Reeder
Acting Director
August 1, 2013
John E. Skvarla, III
Secretary
DWQ # 13 -0683
Wake County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL
CONDITIONS
Bellewood Subdivision
Dear Mr. Ward:
You have our approval for the impacts listed below for the purpose described in your
application dated July 3, 2013 and received by the Division of Water Quality (Division) on July 3,
2013. These impacts are covered by the attached Water Quality General Certification Number
3890 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 and the
following additional conditions:
The following impacts are hereby approved provided that all of the other specific and
general conditions of the Certification, General Permit and /or Buffer Rules are met. No
other impacts are approved, including incidental impacts.
Wetlands, Buffers, Stormwater, Compliance and Permitting Unit (WeBSCaPe)
1650 Mail Service Center, Raleigh, North Carolina 27699 -1650
Phone: [phone] FAX: [phone]
Internet: http:llportal.ncdenr.org /web /wgtws
An Equal Opportunity 1 Affirmative Action Employer

Bellewood Subdivision
DWQ# 13 -0683
j 401,APPROVAL
Page 2 of 5
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
'Temporary
Wetland,
0.014(acres)
0 (acres)
Site 1
Wetland.
0.043 (acres)
0 (acres)
Site 2
Wetland
0.055 (acres)
0 ( acres)
Site 3
Wetland
0:012 (acres)
0•(acres),
Site 4
Stream
112 (linear feet)
0,(linear feet)
'Site 1
_
Stream
0 (linear feet)
20 (linear feet)
Site 2
Stream
27 (linear feet)
0 (linear feet -)
Site 3
Stream
46 (linear-feet)
0 (linear feet)
Site 4
Stream
'32 (linear feet)
0 (linear feet)
Site 5
Stream
20 (linear feet)
0 (linear feet)
Site 6
Stream
0 (linear•feet)
10 (linea`r•feet)
Site 7
2. Stormwater Management Plan (SMP) Approval,From Local Communitv Reauired
You are required to provide one copy of the approved SMP, including plan details on full -
sized plan sheets, with proof of Town of Cary's approval. The approved SMP must be
submitted to the DWQ WBSCP Unit (1650'Mail Service Center, ,Raleigh, NC - 2769`9 -1650)
before any impacts au'thori'zed in this certification occur. After it'is approved and submitted
to the Division, the SMP may not be modified without prior,written authorization from the
Town of Cary. If °the SMP is modified in the future, then you must provide one modified
SMP with proof of approval to the DWQ WBSCP Unit prior to the commencement of the
modifications.
3. Mitigation
You, have proposed in your applicatiorn.to provide riparian Wetlands mitigation by payment
into the Ecosystem Enhancement Program (EEO) and stream mitigation by payment into
Restoration System's Bass Mountain Stream Mitigation Bank. Accordingly, a total of'0.24 acre
of,wetlandsmitigation is required for impacting,0.12 acre of wetlands,, and a total,of°474
linear feet,of stream mitigation is required for permanently impacting 237 Iinear4eet of

Bellewood Subdivision
DWQ# 13 -0683
401APPROVAL
Page,3 of 5
stream as a result of this project. Until EEP and Restoration Systems, LLC receive and clear
your checks, impacts specified in this Authorization Certificate must not occur. You have 60
days-from the date of this approval to make this payment. The following compensatory
mitigation is required for'this project:
Mitigation
Type of
Compensatory Mitigation
River and Sub -basin
Provider
Impact
Number
EEP
Wetlands
0.24 (acre)
Cape Fear /03030002
Mitigation
Stream
474 (linear feet)
Cape Fear /03030002
Bank
4. No Waste, Spoil, Solids, or Fill of Any Kind -
No waste, spoil, solids, orfill of any'kind,shall occur in wetlands, waters, or riparian areas
beyond the footprint of the impacts depicted in the Pre - Construction Notification. All
construction activities, including the design, installation, operation, and maintenance of
sediment and erosion control Best Management Practices, shall be performed so that no
violations -of state water quality standards,;statutes,, or rules,occur.
5. 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.
6. This approval is for the purpose,and design'described'in your'applicatiom 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 Genera[Certification and is responsible for
complying with all conditions.
7. This approval and its conditions are final and binding unless contested.
This Certification can' be contested as provided in Articles 3 and 4 of Genera] Statute 150B by
filing a written petition for an administrative hearing to the 0,ffice,of, Administrative Hearings
(hereby known as OAH). 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.
'Within sixty (60) calendar days of receipt of thi's notice, a petition must be filed with the OAH.
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).

Bellewood Subdivision
DWQ# 13 -0683,
401,,.QPPROVAL
Page,4 of 5
The petition maybe faxed to the OAH at (919)431. 3,100, provided the,otiginal' and one copy of
the petition al'ong`With any applicable OAH filing fee ;is °received by'the OAH within five ('5)
business days follovvi:ng the,faxed transmission.
,Mailirig,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 76285
k
'One (1) copy of the petition must also be served,to DEN R:
Lacy Presnell, General Counsel
Department of Environ'rn -ent arid Natural' Resources
1601 Mai l5ervice`Center,
Ral,eigh, INC 27699 -1601
Please send one (1) copy of. the, petition to DWQ:
If sending by First Class Mail
,via, the- US, Postal, Service:
Karen Higgins
NC DENR- DWQ='Webscape Unit
165.0:Mail Service Center
Raleigh, NC:27699 -1650
if,sending,via delivery service
(e.g. UPS, FedEx):
Karen Higgins
NC DENR - DWQ— W6bscape,Unit
512N'. Salisbury Street
Ral °eigh, NC 27604
This letter completes thereview�of,,the,Divi'sion under section 401,ofthe Clean Water Act.
Please contact Cher"ri'Smith at 919 - 791 -4251 or cherri:smith @ncdenr.gov if'you have any
questions or concerns.
Sin erely; j
Danny S ith, SuperVisor,-
Surfac_'Water Protection — Raleigh
Regional Office,
Enclosure: 3890

Bekl wood Subdivision
DWQ# 13 -0683
401,APPROVAL
Page 5.,of 5
M. U.S. Army Corps of Engineers; Raleigh Regulatory Field Office; 3331 Heritage Trade
Driye, St. ,105; Wake Forest, NC 27597
Deborah Shirley; Soil & Environmental Consultants; 11010 Raven Ridge Road;
Raleigh, NC 27614
DWQ RRO 401 files