20140503 Ver 1_Approval Letter_20140527

FIFAA
NCDEN
North Carolina Department of Environment and Natura
Pat McCrory
Governor
May 27, 2014
Pennie Ellis Coussit
1120 Cheryl Lane
Wilmington, NC 28405
Resources
John E. Skvarla, III
Secretary
DWR # 14 -0503
Chatham County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL
CONDITIONS
GENERAL PERMIT FOR ISOLATED WATERS IMPACTS
Courtyards at O'Kelly Chapel Residential Subdivision
Dear Ms. Coussit:
You have our approval for the impacts listed below for the purpose described in your application
dated May 16, 2014 and received by the Division of Water Resources (Division) on May 19, 2014.
These impacts are covered by the attached Water Quality General Certification (WQC) Number
3884 and State General Permit Number IWGP100000, and the conditions listed below. WQC
Number 3884 is associated with the use of Nationwide Permit Number 12 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 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, General Permit and /or Buffer Rules are met. No other impacts
are approved, including incidental impacts.
Type of Impact
Amount Approved
Amount Approved
(units)
(units)
Permanent
Temporary
404 Wetland
0 (acres)
0.02 (acres)
One
N Carol
;Vatura!
North Carolina Division of Water Resources 1628 Mail Service Center Raleigh, NC 27699 -1628 Phone [phone] Customer Service
Internet: www.newaterquality.org Location: 3800 Barrett Drive Raleigh, NC 27609 Fax [phone]
An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper

Courtyards at O'Kelly Chapel
DWR# 14 -0503
401 AND ISOLATED WATER APPROVAL
Impact #1
Isolated Stream
68 (linear feet)
0 (linear feet)
Impact #2
404 Stream
0 (linear feet)
39 (linear feet)
Impact #3
404 Stream
0 (linear feet)
46 (linear feet)
Impact #4
Page 2 of 4
Stormwater Management Plan (SMP) Approval from Local Community Required
You are required to provide one copy (hard copy or digital) of the approved SMP, including
plan details on full -sized plan sheets, with proof of the Town of Cary's approval. The approved
SMP shall be submitted to the DWR Webscape Unit (1650 Mail Service Center, Raleigh, NC
27699 -1650) before any impacts authorized 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 shall provide one
modified SMP with proof of approval to the DWR Webscape Unit prior to the commencement
of the modifications.
3. Diffuse Flow
All stormwater shall be directed and maintained as diffuse flow at non - erosive velocities
through the protected stream buffers such that it will not re- concentrate before discharging
into a stream.
4. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill 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 Fencin
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 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.

Courtyards at O'Kelly Chapel
DWR# 14 -0503
,401,AND ISOLATED WATER APPROVAL
Page'3 of 4
7. This approval and its conditions are final and binding unless contested.. f
This Certification can be contested 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 H'earin'gs (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 thirty (30) calendar days of receipt of this 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).
The petition may be faxed to the OAH at (919) 431 -3100, 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 If sending via delivery service
via the US Postal Service: (e.g.. UPS, FedEx):
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'DENR:
Lacy Presnell, General Counsel
Department.of Environment and Natural Resources F
1601 Mail Service,Center
Raleigh, NC.27699 =1601 =
Please send one (1) copy of the petition to DWR:
If sending by First;Class Mail
via the US Postal Service:
Karen Higgins
NC DENR -DWR — Webscape Unit
1650 Mail Service�Center
Raleigh, NC 27699 =1650
If sending .via delivery
(e.g. UPS,.'FedEx):
Karen Higgins
NC DENR -DWR — Webscape Unit
512 N. Salisbury Street
Raleigh, NC'27604

Courtyards at O'Kelly Chapel
DWR# 14 -0503
401 AND ISOLATED WATER APPROVAL
Page 4 of 4
This letter completes the review of the Division under section 401 of the Clean Water Act. Please
contact Cherri Smith at 919 - 791 -4251 or cherri.smith @ncdenr.gov if you have any questions or
concerns.
o Iy,
Danny Smit
Supervisor, Water Quality Regional Operations Section
Enclosure: GC 3884
IWGP100000
cc: U.S. Army Corps of Engineers; Raleigh Regulatory Field Office; 3331 Heritage Trade
Drive, St. 105; Wake Forest, NC 27597
Troy Beasley; Withers & Ravenel; 1410 Commonwealth Drive, Ste. 101; Wilmington, NC
28403
Todd Pomorski; EPCON Communities; 500 Stonehenge Pkwy; Dublin, Ohio 73017
DWR RRO 401 Files