20150917 Ver 1_Approval Letter_20151202

Water Resources
ENVIRONMENTAL QUALITY
December 2, 2015
MI Homes of Raleigh
Attn: Jeremy Medlin
1511 Sunday Dr., Ste. 100
Raleigh, NC 27607
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Secretary
S. JAY ZIMMERMAN
Director
DWR # 15-0917
Wake County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
Middleton Subdivision
Dear Mr. Medlin:
You have our approval for the impacts listed below for the purpose described in your
application dated September 1, 2015 and received by the Division of Water Resources (Division)
on September 4, 2015 with additional information received via email on September 28, October
14, 2015, and November 27, 2015. 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
401 Water Quality Certification replaces the 401 Water Quality Certification dated October
15, 2015. The only change is the applicant.
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 other impacts are approved, including
incidental impacts. [15A NCAC 02B .0506(b)(c)]
Division of Water Resources, Raleigh Regional Office, Water Quality Operations Section http://portal.ncdenr.org/web/wq/aps
1628 Mail Service Center, Raleigh, NC 27699-1628 Phone: [phone]
Location: 3800 Barrett Drive, Raleigh, NC 27609 Fax: [phone]

Middleton Subdivision
DWR# 15-0917
401APPROVAL
Page 2 of 5
Type of Impact
Amount Approved
Amount Approved
(units)
(units)
Permanent
Temporary
Wetland
0 (acres)
0.011 (acres)
Inset 4 — sewer
Wetland
0.06 (acres)
0 (acres)
Inset 9 — road
Stream
0 (linear feet)
31 (linear feet)
Inset 2 — sewer
Stream
0 (linear feet)
40 (linear feet)
Inset 5 — sewer
Stream
125 (linear feet)
0 (linear feet)
Inset 6 — road
Stream
82 (linear feet)
0 (linear feet)
Inset 7 — road
Stream
181 (linear feet)
0 (linear feet)
Inset 8 — road
Stream
0 (linear feet)
47 (linear feet)
Inset 10 —sewer
2. 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 Apex's approval. The
approved SMP shall be submitted to the DWR 401 & Buffer Permitting Unit (1617 Mail
Service Center, Raleigh, NC 27699-1617) 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 Apex. If the SMP is modified in the
future, then you shall provide one modified SMP with proof of approval to the DWR 401 &
Buffer Permitting Unit prior to the commencement of the modifications. [15A NCAC 02H
.0506(b)(5)]
3. Mitigation Using the Division of Mitigation Services (DMS)
Mitigation must be provided for the proposed impacts as specified in the table below. The
Division has received an acceptance letter from the Division of Mitigation Services to meet
the mitigation requirement for 288 feet of stream credits needed for this project. Until
DMS receives and clears your payment, and proof of payment has been provided to this
Office, no impacts specified in this Authorization Certificate shall occur. For accounting
purposes, this Authorization Certificate authorizes payment to DMS to meet the following
compensatory mitigation requirement [15A NCAC 62H .0506 (b)(6)]:

Middleton Subdivision
DWR# 15-0917
401 APPROVAL
Page 3 of 5
Compensatory Mitigation River and Sub -
Required basin Number
Stream 288 (feet) Cape Fear
03030002
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. [15A NCAC 02H .0501
and .0502]
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. [15A NCAC 02H.0506 (b)(2) and (c)(2) and 15A NCAC
02H .0507 (c)]
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. [15A NCAC 02B .0507(d)(2)]
7. This approval and its conditions are final and binding unless contested.. [G.S. 143-215.51
This Certification can be contested as provided 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 may be obtained from the OAH at
http://ww'w.ncoah.com/ or by calling the OAH Clerk's Office at [phone] 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).

Middleton Subdivision
DWR# 15-0917
401 APPROVAL
Page 4 of 5
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 DENR:
Sam Hayes, General Counsel
Department of Environment and Natural Resources
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 DEN R-DWR — 401 & Buffer
Permitting Unit
1617 Mail Service Center
Raleigh, NC 27699-1617
If sending via delivery service
(e.g. UPS, FedEx):
Karen Higgins
NC DENR-DWR-401 & Buffer
Permitting Unit
512 N. Salisbury Street
Raleigh, NC 27604
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.smithp- ncdenr.gov if you have any
questions or concerns. ,
incer ly,
Danny Smith
Supervisor, Water Quality Regional Operations Section

Middleton Subdivision
DWR# 15-0917
401APPROVAL
Page 5 of 5
Enclosure: GC 3890
cc: U.S. Army Corps of Engineers; Raleigh Regulatory Field Office; 3331 Heritage Trade
Drive, Ste. 105; Wake Forest, NC 27597
Kevin Yates; McAdams Company; P.O. Box 14005; Research Triangle Park, NC 27709
Stephen and Mary Clark; 1125 Holt Rd.; Apex, NC 27523
Richard and Tarja Gray; 6308 Old Jenks Rd.; Apex, NC 27523
Regina McLauren; 305 Glen Echo Ln., Apt. C; Cary, NC 27518
William and Sally McLaurin; 1204 Holt Rd.; Apex, NC 27523
John Charles Stanton; 13 Donnybrook Ct.; Durham, NC 27713
Albert and Judy Hux; 1124 Twin Creek Rd.; Apex, NC 27523
Jesse Newsome; 1133 Twin Creek Rd.; Apex, NC 27523
Timothy Medlin; 6517 Roosendall Ct.; Apex, NC 27523
Jacob Sugg; 6521 Roosendall Ct.; Apex, NC 27523
Don Street; 6525 Roosendall Ct.; Apex, NC 27523
DWR RRO 401 file
DWR 401 & Buffer Permitting Unit file