20131125 Ver 1_Approval Letter_20131031

A7L4*-A
NCDENR
`North Carolina Department of Environment and NaturaC.Resources
Division of Water Resources
Water Quality Programs
Pat McCrory Thomas A. Reeder
Governor Director
-October 31, 2013
JVI' Development
Attn: Joseph lonnane'
,501 N. Salem Street
Apex,'NC 27502
John-E. Skvarla, III
Secretary
DWR # 13 =1125
Wake - County
Subject: APPROVAL OF 401'WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
AUTHORIZATION_ CERTIFICATE- PER THE NEUSE RIVER BASIN RIPARIAN BUFFER
PROTECTION RULES (15A NCAC 02B.0233) WITH ADDITIONAL CONDITIONS'
EdWards Creek
Dear MrAonnane:
You have our approval for the impacts listed below for the purpose, described in your application dated
October,2, 2013 and received by the Division of•Water Resources (Division) on,October 18,.2013. These
impacts.are. coveredt by the attached Water Quality,Gene,ral "Certificatio,n Number °3886 and th,e conditions
;listed below: This certification is4ssociated with the use of Nationwide Permit Number 14,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 provide&that all of the other specific aridgeneral conditions of
the Certification; General,Permit and /or Buffer Rules are met. No other`impacts.are,approved, including
incidental impacts.
Type of Impact
Amount Approved
Amount Approved
(units)
(units)
Permanent,
'Temporary
Stream
49 (linear-feet)
0 (linear feet)
Nose Carolina
North Carolina Division, of Water Resources 1628 Wil,Service Center • Raleigh, NC 27699 4628 Phone (919)'791 -4200
Internet www rimaterguality org" ' Location 3800,Barrett Drive Raleigh, -NC 27609 Fax [phone]
An Equal Opportunity /Affirmative Action Employer - 50% Recycled /10 %Pos(Consumer Paper

Edwards Creek
DWR #13=1125
401 AND BUFFER,APP,ROVAL
Page 2 of 3
Buffers — Zone 1
2,154 (square feet)
0 (square feet)
Buffers — Zone 2
722 (square feet)
0 (square feet)
2. 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.
3. r 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.
4. This approval is for the' purpo"se`and design described'in your,application. The plans and specificationsfor
this project are incorporated by reference as part of the Certification and Buffer Authorization. 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.
5. This approval, and its.conditions are,fi'nal,and binding unless contested.
This Certification and 'Buffer:Authorization can be contested as provided in Articles-3 and 4 of'General
Statute 150B by filing a written petitiornfor 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.ncoa'h.com/ or by
calling the, OAH Clerk's Office at (919) 43173000 for information.
Within sixty (60) 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).
The petition may be faxed to the OAH at (919) 431 -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.
Mailing address for the OAH:
If sending by First Class Mail If sending via delivery service
via the US Postal'Service: (e.g. UPS, FedEx):

Edwards Creek
DWR #13 -1125
401 AND BUFFER APPROVAL
Page 3 of'3
Office of Administrative Hearings Office of Administrative Hearings
6714 Mail Service Center 1711 New Hope Church Road
Raleigh,, NC 27699 -6714 Raleigh,'NC 27609 -6285
One (1) copy of the petition ;must,al'so be;served .to DENR:
Lacy, Presnell, General Courisel
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 fF rst Class Mail If sending via delivery service
.via the'US'Postal Service: (e:g. UPS; F,edEx):
Karen, Higgins Karen Higgins
NC DENR -;DWR — Webscape Unit NC. DENR =DWR — W,ebscape Unit
1650 Mail'Service Center 51; sN Salisbury Street
Raleigh, NC 27699 -1650 Raleigh, NC 27604
This letter completes the review of the Division under section 401 of the Clean Water Act and the Neuse
Riparian Buffer Rules,as described in 15A NCAC 02B .0233 . Please contact Cherri Smith at 919 =791 -4251 or
cherri.smith @ncdenr.gov if you have any questions or concerns.
incer, lyi-yS
Danny Spervisor
Water Q egional Ope rations Section
Enclosures: GC 3886
cc: U.S.,Army Corps of Engineers; Raleigh Regulatory Field Office; 3331 Heritage Trade Drive, St. 105;
Wake Forest, NC'27597
Jeff Harbour; Environmental Services, Inc.; 524.S. New Hope Road; Raleigh, NC 27591