20111062 Ver 3_401 WQC Approval FINAL_Villagio_03-13-13_20210127

NCDE1�t
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, P. E. John E. Skvarla, III
Governor Director Secretary
Daryl Cady
La Scala Associates, LLC
123 S. White Street
Wake Forest, NC 27587
Subject Property:
March 13, 2013
Villagio at La Scala Apartments
DWQ Project # 11-1062 v.2
Wake County
�144 5- 201.1
Approval of 401 Water Quality Certification and Authorization Certificate per the Neuse River Basin
Riparian Buffer Protection Rules (15A NCAC 02B .0233) with Additional Conditions
Dear Mr. Cady:
This 401 Water Quality Certification and Authorization Certificate per the Neuse Riparian Buffer
Rules dated March 13, 2013 replaces the 401 Certification and Authorization Certificate dated
March 6, 2013 in order to provide the correct General Water Quality Certification Number and
enclosure. In the second paragraph, General Water Quality Certification Number 3821 has been
changed to 3890. In addition, the correct enclosure is now included with this letter. We
apologize for this processing error. No other corrections or changes to this 401 Certification and
Authorization Certificate have been made.
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise permanently impact 89 linear feet of stream, 0.046 acre of wetland, 7,134 square
feet of Zone 1 Neuse River Basin protected riparian buffer, 4,694 square feet of Zone 2 Neuse River
Basin protected riparian buffer; and temporarily impact 425 feet of Zone 2 Neuse River Basin protected
riparian basin as described within your application, received by the N.C. Division of Water Quality (DWQ)
on February 25, 2013. The impacts are covered by General Water Quality Certification Number 3890
(GC3890), which allows you to use Nationwide Permit NW29 when issued by the US Army Corps of
Engineers (USACE). In addition, you should obtain or otherwise comply with any other required federal,
state or local permits before you go ahead with your project including (but not limited to) Erosion and
Sediment Control, Non -discharge, and other regulations. This approval to proceed with your proposed
impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration
of the 404 Permit.
This approval is for the purpose and design that you described in your application. If you change your
project, you must notify us and you may be required to send us a new application. If the property is
sold, the new owner must be given a copy of this Certification and approval letter and is thereby
responsible for complying with all conditions. If total fills for this project (now or in the future) exceed
one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described
' 'ntlands, Buffers, Stormwater, Compl.m-e &nd Fern- tting Unit (WeBSCat e)
F50'.Ld Servica Center, R,;ieigh, North Carolina 27699-1950
h ne: 919-807-63001 FAX: [phone]
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An Equal Cpportunity ; Affirrr3ti:e Action Einoloyar
One NhCarolina
Nahma!!r,

Villagio at La Scala Apartments
Page 2 of 4
March 13, 2013
in 15A NCAC 02H .0506 (h). This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed below.
Additional Conditions of Certification:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions
of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including
incidental impacts:
Type of Impact
Amount
Approved (Units)
Plan Location or Reference
404 Wetland - permanent
0.046 acre
Section C.2 of PCN for Wetland Impacts
Stream — permanent
89 (linear feet)
Section C.3 of PCN for Stream Impacts
Zone 1 Buffers —permanent
7,134 (square ft.)
Section C.6 of PCN for Buffer Impacts
Zone 2 Buffers - permanent 1
4,694 (square ft.)
Section C.6 of PCN for Buffer Impacts
Zone 2 Buffers - temporary
425 (square ft.)
Section C.6 of PCN for Buffer Impacts
2. 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.
3. Stormwater Management Plan (SMP) Approval Required
You are required to provide one copy of the approved SMP, including plan details on full-sized
plan sheets, with proof of the Town of Wake Forest's approval. The approved SMP must be
submitted to the DWQ Webscape Unit (1650 Mail Service Center, Raleigh, NC 27699-1650)
before any impacts authorized in this certification occur. The following requirements also apply:
The approved SMP must be constructed and operational before any permanent building or
other structure is occupied at the site.
The approved SMP as well as drainage patterns must be maintained in perpetuity.
The SMP may not be modified without prior written authorization from the Town of Wake
Forest. A copy of the approval letter and the modified SMP must be submitted to the DWQ
Webscape Unit prior to the commencement of the modifications.
4. Diffuse Flow Plan Approval Required
A final, written diffuse flow plan for this project, including Level Spreader -Vegetated Filter Strip (LS-
VFS) Supplement Form for each proposed LS-VFS and all required items at the scales specified in the
Required Items Checklist, shall be submitted to the DWQ Webscape Unit for review and approval.
Diffuse flow must be addressed at every outfall where a stormwater BMP will not provide at least
30% removal of total nitrogen and total phosphorus. The diffuse flow plan must be designed in
accordance with the version of the 401 Stormwater Requirements on the place of the date of the
submittal and must be approved by the DWQ before any impacts may occur. Before any future

Villagio at La Scala Apartments
Page 3 of 4
March 13, 2013
permanent building, the diffuse flow plan as approved by the DWQ must constructed and
operational.
S. You must re -vegetate all disturbed areas within the buffers as described in your application. If you
need additional information on plantings, see Guidelines for Buffer Restoration available at:
http://i3ortal.ncdenr.org/c/document library/get file?uuid=e46ec613-90f8-4e22-973c-
57c863afc737&group Id=38364.
6. Certificate of Completion
The applicant and/or authorized agent shall provide a completed Certificate of Completion Form to
the DWQ Webscape Unit within ten days of project completion (available at:
httr)://Porta1.ncdenr.orpJweb/wq/swp/ws/401/certsandPermits/apply/forms).
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. You may obtain a
petition form from the Office of Administrative Hearings at httn://www.ncoah.com/ or call (919) 431-
3000 for information.
Within sixty (60) calendar days of receipt of this Certification, you must file the petition with the Office
of Administrative Hearings. A petition is considered filed when the original and one (1) copy is received
in the Office of Administrative Hearings during normal office hours (Monday through Friday between
8:00am and 5:00pm, excluding official state holidays).
The petition may be faxed to the Office of Administrative Hearings at [phone], provided the
original and one copy of the petition is received by the Office of Administrative Hearings within five (5)
business days following the faxed transmission.
Mailing address for the Office of Administrative Hearings:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
One (1) copy of the petition must also be served to DENR:
Lacy Presnell, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699-1601
Unless such a petition is filed, this Certification shall be final and binding.
Vicy,
Danny Smit , Supervisor
Surface Water Protection — Raleigh
Regional Office
Enclosures: GC3890

Villagio at La Scala Apartments
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March 13, 2013
cc: U.S. Army Corps of Engineers; Raleigh Regulatory Field Office; 3331 Heritage Trade Drive, St. 105;
Wake Forest, NC 27597
Karen Higgins, DWQ CO files
Deborah Edwards; Soil & Environmental Consultants, P.A.; 11010 Raven Ridge Road; Raleigh, NC 27614
File Copy
Filename: 111062v2Villagio@LaScalaApartments 401_NBR.docx