20130942 Ver 1_Approval Letter_20130910

Pat McCrory,
Governor
NC®ENR
North Carolina "Department of Environment and Natural Resources
Division of'Water Resources,
Water Quality Programs
Thomas A. Reeder„ John 1E. Skvarla, III
Director
September 10; 2013
Bent Tree South Homeowners.Association Inc,
Attn: James Laurie, President c /o'Tara Brandon,, Property Manager
4700, Homewood Court, Ste. 380
Raleigh,'NC 27609
Secretary
'DWR # 13 -0942
Wake County
Subject: APPROVAL,OF 401 WATER'QUALITY CERTIFICATION WITH ADDITIONAL, CONDITIONS
Bent Tree South Lake Spillway
, Dear Ms. Brandon:
You have our�approval,for,the impacts listed below for -the purpose describe&in your application dated. August
30, 2013 and received 6y,the'Division�of Water Resources (Division), on August 30, 20.13. These;impacts ,, are
covered by the, attached Water Quality General Certification Number 3883 and the conditions listed below,.
This certification is associated with the use, of Nationwide' Permit Number 3' once it is issued to:you Iby 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,lirnited to) Sediment and' Erosion Control,
N;on- 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, General Permit.and /or Buffer Rules are mefi. No`other impacts are approved-, including;
incidental impacts.
Type of Impact
Amou ht-App roved
AmountApproved`
(units)
(units)
Permanent
Temporary
Stream
j 50 (linear °feet)
0 (linear feet)
ne ,
�o Carolina
tura!!k
North Carolina.Division of Water Resources 1628 Mad Service Center Raleigh, NC,27699 -1628 Phone (919),791-4200
Internet www ncwaterguality orq Location 3800 Barrett,Dnve, :Raleigh,'NC 27609 ,Fax, (919)' 788-71'59
An Equal OpportunitylA_ffirmative�Adon Employer - 50 %,Recycledl10 %' Post Consumer Paper

Bent Tree South, L#e,Sp Ilway
D W RW13 -0942'
401APPROVAL
;Page 2 of'3
2. 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 area 's beyondth`e
footprint of the impacts, depicted in the Pre - Construction` Notification. All construct'i'on a ctivities;,includinga
the design, installation, operation;,and maihtenance�of sediment and erosion control Best'Management
Practices; shall be performed so that no',.violations of state,water quality - standards, statutes, or rules
occur.,
3. 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 mater'ial) .for the;preas that have been approved to infringe within 'the buffer, ,wetland
or water prior toany land disturbing,actiVities to ensure compliancewith 1'5 NCAC 02H,.0500.
.4. 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 tosUbmit a new application package with the
appropriate,fee. If the propert y, is,soldJhe new owner must be given a copyofthis approval IetterQand
General Certifi'cat'ion and is responsible for- ccimplying with all conditions.
S': This approval and'its conditions are,final,and- binding unless, contested.
This Certification can be contested as provided in Articles 3 and 4 of'General'Statute 15013 by filing a
written petition for °an adrn`inistrdfK e. hearing to'the,Office, of Adrhini'st_rative iHearings (hereby known, as�OAH).,
A petition form may be obtained from, the, OAH `at, litto: / /ww.w.ncoah.com/ or by calling the OAH Clerks Office�
at (919,) 431- 3000,for information. ,
Within sixty (60),calendar days,of,receipt of thi's_notice;a petition;rnust be filed with the, OAH,. A,
petition is,considered,filed'w,heri 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 S: om,
excluding official state 'holidays'l.
The petition lmay °be faxed to the,OAH ,at (91=9).431 - 3100, provided,the original and ,one copy ofthe.petition
along with ;any, applicable OAH filingl,fee ,is received by the OAH within five (5) business days 'following the
faxed transmission.
Mailing address .forthe;'OAH:
If sending byyFirst tlass Mail
via the US,,Fostal,Service:
Off ice o,fAdministrati've,Hearings
6714,Mail'Sery ce Center
�Rale_'igh, NC 27699 -6714
If sending, via delivery service -
(,e;g], UPS,- FedEz):
Office of Administrative Hear,'_ings-
1711,New Hope Church, Road
,Raleigh; NC,27609 -6285

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
Please send one (1) copy of the petition to DWR:
If sending by First Class Mail
via the US Postal Service:
Karen Higgins
NC.DENR -DWR— Webscape Unit
1650 Mail Service Center
Raleigh, NC 27699 -1650
If sending via delivery service
(e.g. UPS, 'Fed Ex):
Karen Higgins
NC DENR -DWR — Webscape Unit
512 N. Salisbury Street
Raleigh, NC 27604
Bent Tree South Lake Spillway
DWR# 13 -0942
401APPROVAL
Page 3 of 3
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.smith @ncdenr.gov if you have any questio or concerns.
Since ly,
Danny S _ ith, Supervisor
Surface Water Protection — Raleigh Regional Office
Enclosure: 3883
cc: U.S. Army Corps of Engineers; Raleigh Regulatory Field Office; 3331 Heritage Trade-Drive, St. 105;
Wake Forest, NC 27597
Jason Volker; S &ME, Inc.; 3201 Spring Forest Road; Raleigh, NC,27616