20180342 Ver 1_Approval Letter_20180412

Water Resources
ENVIRONMENTAL QUALITY
April 12, 2018
Charles W. Chewning
4213 Green Level West Road
Apex, NC 27523
ROY COOPER
Govemmr
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Interim Director
DWR #18-0342
Wake County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
The. Point at Lake Castleberry (Formerly Wimberly Road Properties II)
Dear Mr. Chewning:
You have our approval for the impacts listed below for the purpose. described in. your application
dated March 7, 2018 and received by the'Division of Water Resources (Division) on March 7,
2018. These impacts are covered by the attached Water Quality General Certification Number
4139 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:
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 .05Q6(b)(c)].
Type of Impact
;.,
Amount
Approved (units)
Permanent
Amount
Approved (units)
Temporary
Wetland
W1 -Utility (Water line) I'
0.0095_ (acres)
0 (acres)
W2 -Road Fill/Grading
0.022 (acres)
0 (acres)
Division of Water Resources, Raleigh Regional Office,`Water Quality Operations Section http://poital.nedenr.oi-g/web/wq/aps
1628 Mail Service Center, Raleigh, NC 27699-1628 Phone: (919),791-4200
Location: 3800 Barrett Drive, Raleigh, NC 27,609 Fax: ,(919) 7b8-7159

The Point at Lake Castleberry
DWR #18-0342
401APPROVAL
Page 2"of 4
2. Stormwater Management Plan, (SMP) Approval from Local Community Required
The stormwater management, plan (SMP) must be approved by the Town of Apex and meet
the requirements of this Certification. The SMP may not be modified without prior written
authorization from the Town of Apex. [15A NCAC 02H .0506(b)(3)]
3. No Waste, Spoil, Solids; or Fill of Any Kind
No waste, spoil, solid's, or fill of any kind shall occur in" wetlands, waters, or riparian areas
beyond the footprin't,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]
4. '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)]
5: This approv' .1 s"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)]
i
6. This approval and its conditions are final and`bi'nding unless contested. [GS. 143-215:5]
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://www.ncoah.com/ or by calling the OAH'CleWs Office at [phone] for information.
Within sixty (60) calendar days of receipt of thiis:riotice, 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 norrri'al:o'ffice hours (Monday through Friday between
P-00am,and 5:00pm, excluding official state holidays).
The petition may be faxed to the OAH at (91§)'4'3`1 -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�j
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
The Point at Lake Castleberry
DWR #18-0342
401 APPROVAL
Page 3 of 4
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 Department of Environmental Quality:
William F. Lane, General Counsel
Department of Environmental Quality
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 DWR —401 & Buffer Permitting
Branch
1617 Mail Service Center
Raleigh, NC 27699-1617
If sending via delivery service
(e.g. UPS, FedEx):
Karen Higgins
NC DWR — 401 & Buffer Permitting
Branch
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 Stephanie Goss at 919-791-4256 or [e-mail] if you have any
questions or concern
Si cer ly, �7
� /7
Danny Smith
Supervisor, Water Quality Regional Operations Section

The Point at Lake Castleberry
DWR #18-0342
401 APPROVAL
Page 4 of 4
Enclosure: GC 4139
cc: U.S. Army Corps of Engineers; Raleigh Regulatory Field Office; 3331 Heritage Trade Drive,
Ste. 105; Wake Forest, NC 27597,
DWR RRO 401 file
DWR 401 & Buffer Permitting Unit via Laserfiche
Justin Milstein via e-mail at [e-mail]
Scott Mitchell via e-mail at [e-mail]
Mark Ward via e-mail at [e-mail]