20052070 Ver 4_Approval Letter_20200923

DocuSign Envelope ID: 445CF33B-7FB3-4872-BFFF-CCF69600A205
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
Weavers Pond Development Co. LLC
Attn: David Berry
4020 Wake Forest Road
Suite 102F
Raleigh, North Carolina 27609
NORTH CAROLINA
Environmental Quality
September 23, 2020
DWR 905-2070 v4
Wake County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH
ADDITIONAL CONDITIONS
Weaver's Pond -Phase 5
To Whom It May Concern
You have our approval for the impacts listed below for the purpose described in your application
dated July 31, 2020, received by the Division of Water Resources (Division) July 31, 2020 and
payment received August 04, 2020, with subsequent information on September 22, 2020. 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 29once 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(s) or
general permit and the following additional conditions:
The following impacts are hereby approved provided that all of the Conditions listed
below and all of the conditions of the applicable Water Quality General Certification(s),
are met. No other impacts are approved, including incidental impacts. [15A NCAC 02H
.0506(b)]
D E Q� North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office 13800 Barrett Drive I Raleigh, North Carolina 27609
NORTH CAROLINA �
0­MorEeAMMIWou.ury 919.791.4200

DocuSign Envelope ID: 445CF33B-7FB3-4872-BFFF-CCF69600A205
Weaver's Pond Phase 5
DWR #05-2070 v4
401 APPROVAL
Page 2 of 3
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved (units)
Temporary
404/401 Wetlands
Impact 1-A
0.019 (acres)
0.021 (acres)
Impact 1-B
0.041 (acres)
0.014 (acres)
Impact 2
0 (acres)
0.010 (acres)
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 this 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 Certification and is responsible for complying
with all conditions. [15A NCAC 02H .0507(d)(2)].
Mitigation must be provided for the proposed impacts as specified in the table below.
The Division has received an acceptance letter from the DMS to meet this mitigation
requirement. Until the 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 the DMS to meet the following compensatory mitigation requirement [15A NCAC
02H .0506 (c)]:
Compensatory
Bank Sponsor
River & Sub -basin
Mitigation Required
Number
Wetland
0.12 (acres)
NC DMS
03020203-Neuse
(Riparian
River Basin
Wetland)
4. The permittee shall report to the Raleigh Regional Office any noncompliance with the
conditions of this Certification, the conditions of the applicable Water Quality General
Certification(s), any violation of stream or wetland standards [15A NCAC 02B .0200]
including but not limited to sediment impacts, and any violation of state regulated
riparian buffer rules [15A NCAC 0213]. Information shall be provided orally within 24
hours (or the next business day if a weekend or holiday) from the time the applicant
became aware of the circumstances. A written submission shall also be provided within 5
business days of the time the applicant becomes aware of the circumstances. The written
submission shall contain a description of the noncompliance and its causes; the period of
noncompliance, including exact dates and times, if the noncompliance has not been
corrected, the anticipated time compliance is expected to continue; and steps taken or
planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The
Division may waive the written submission requirement on a case -by -case basis.
This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]

DocuSign Envelope ID: 445CF33B-7FB3-4872-BFFF-CCF69600A205
Weaver's Pond Phase 5
DWR #05-2070 v4
401 APPROVAL
Page 3 of 3
This Certification can be contested as provided in General Statute 150B by filing a written petition
for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH)
within sixty (60) calendar days.
A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH
Clerk's Office at [phone] for information. 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 [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:
Ifsending via US Postal Service
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Ifsending via delivery service (UPS,
FedEx, etc):
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
This letter completes the review of the Division under section 401 of the Clean Water Act and
15A NCAC 02H .0500. Please contact Erin Deck at 919-791-4200 or Erin. Deckgncdenr. gov if
you have any questions or concerns.
Sincerely,
DocuSigned by:
CS�
Scott Vinson,
l�egi ondlA upervi sor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
Enclosure: GC 4139
cc: Sam Dailey, USACE Raleigh Regulatory Field Office (via email)
DWR 401 & Buffer Permitting Unit via Laserfiche
Deborah Shirley, S&EC (via email)