20140503 Ver 2_Approval Letter_20140717

NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
July 17, 2014
Pennie Ellis Coussit
1120,Cheryl Lane
Wilmington, NC 28405
John E. Skvarla, III
Secretary
DWR # 14- 0503v2
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 July 3, 2014 and received by the Division of Water Resources (Division) on July 7,'2014.
These impacts are covered by the attached Water Quality General Certification (WQC) Number
3884 and State, General Permit Number IWGP-100000, 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 401
Water Quality Certification and General Permit for Isolated Waters dated July 17, 2014 replace
the 401 Water Quality Certification and General Permit for Isolated Waters dated May 27, 2014.
The,only change is the removal of a temporary,wetland impact (Impact #1).
This approval requires you to follow the conditions listed in the enclosed certification and general
permit 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.
Npj Carol
Natura!
North CarolmaDrvision of Water Resources 16281Mad Service Center Raleigh, NC:27699 -1628 Phone.(919)�791 -4200 Customer Service
Internet- www ncwaterquahty org. Location 3800 Barrett Drive Raleigh, NC 27609 Fax [phone]
An Equal Opportunity /Affirmative Action Employer— 50% Recycled /10% Post Consumer Paper

Courtyards a O'Kelly Chapel
�DW R# 14= 0503v2
401 ANNSOLATED_'wATER APPROVAL
Page 2 of .4
Type'of Impact
Amount Approved
;(units)
Permanent
Arriount Approved
(units)
Te'rnporary
`Isolated Stream
!68., linearfeet
( )
0 linearfeet
(. _ ) .
Impact #2
404 Stream
0,(linear feet)
39, (linear'feet)
Impact #3
404'Stream
0 (linearfeet)
46,(Iinear;feet)
Impact #4
2. Stormwater ManaRement,Plan (SMP) Approval from Local' Community Required,
You are tequired,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 ofiCary's approval. The approved
SMP shall be, submitted to the DWR� Webscape Unit (1650 Mail Service Center, Raieigh, NC
27699 -1650) before,any impacts.author,ized' in this certification occur. After, it is app "roved and
submitted to'the Diviision, the SMP may,not.be modified withou`t,pr,ior,written authorization
from theeTown of Cary. If the SMP`is modified inithe 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 d'i'schargi'n'g
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 wetland's; waters, or riparian areas
beyond the footprintof-the impacts depicted in the ,Pre- Construction Notification. All
construction activities, includi'ng'the,design, installation, operation, and °maintenance of
sediment and erosion control Best Management'Practices, shall,be performed so that no
violations& state.water quality standards,,sta'tutes;, or,ru.les occur:
5. Protective Fencing
The outside buffer, wetland or water boun'dary,and, along the construction corridor-,with'-in
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
i'nfringez within the buffer, wetland oor water,prior to any'land, disturbing activities to� ensure,
compliance with 15 NCAC 02-H.0500.
6., Thi's approval lis -for the,purpo'se and design describedi in, your applibation,. The plans and
specifications ,for -ihis, project are,ineorporated by reference3as part:of'the`Certifi- cation. If you
change your project,,you must notify the Division andyou rnay�,be requir-ed'to,sUbmit,a new

Courtyard's aViO'Kelly Chapel
DWR# 14 -,0503v2
401 AND ISOLATED'WATER APPROVAL
Page 3 of 4•
application package With the appropriate fee. Ifthe property is sold, the new owner must be
given,a copy o 'this approval' letter and General C'ertification,and is responsibleIor complying
with all conditions.
7. This approval,and• its conditions are final and, binding unlesscontested.
'This Certification can be contested as provi,'ded in Articles 3 and 4 of General Statute 150B by filing
a written, petition for an administrative hearing to the Office of Administrative Hearings,(hereby
known as,OAH). A petition form rnay'be,obtained from the OAH,pt,,http. /. www.ncoah.com/` or by
calling the OAH Clerk's Office at (9190 431 -3000 for information.
Within thirty (30) calendar days,of receipt,ofthis notice, a petition must be- filed,wjth'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( Mond'a,ythrough`'Friday,between 8:OOam
and 5-00pm, excluding :official state holidays).
The petitions may be'faxedto the OAH, at (919E) 431 -3100, provided.the original and one�copy of'the
petition along,with any' appli.cable'OAH"filing fee is received bythe OAH within five. (5) business
days following the faxed transmission.
Mailing address for the OAH:
If sending byFirst Class Mail
via the US Postal Service:
,Office of Ad"rmi'ni'strative Hearings
6714 Mail S'eryice Center
Raleigh7 NC 27699 -6714
If sending via delivery service
,(e:g. UPS, FedEx):
Office of Administrative'Hearings
1711 New HopeChurch,Road
Raleigh, NC,27609 =6285
One (1) copy,of,the petition m,ust also�be served to'DENR:
LacyPresnell,,General Counsel
Department of'Enviroriment and Natural Resources'
1601 Mail Service Center
Raleigh, NC 27699 =1601
Please,send.one (1i) copyof•the petition to DWR:°
Ifsending,by First dass'Mail
via the US Postal Service:
Karen. Higgins
NC1dENR=5WR,— Webscape'Unit
If sending via delivery service
(e.g., UPS, FedEx):
Karen Higgins
N;C DENR -DWR— Webscape'Unit
16'17 Mail Service Center .512 N.'Sa'lisbury Street
Raleigh, NC 27699 -1617 Raleigh, NC 27664

Courtyards at O'Kelly,Chapel
DWR# 14- 0503v2
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.srimith @ncdenr.gov if you have any questions or
concerns,
Si ly,
Danny Smit
Supervisor,, Water Quality Regional Operations Section
Enclosure: GC 3884
I WG P 100000
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
M