20131005 Ver 1_Approval Letter_20131105

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RMEWR
North Carolina Department of Environment and Natural Resources
Division of Water Resources _
Water Quality Programs,
Pat McCrory Thomas,A. Reeder John E. Skvarla, III
Governor Director Secretary
November•5,2013
BH Apex 92, LLC
Attn: Wayne Hightower
111 Cloister Court; Ste. 1-1,4 -
Chapel Hill, NC 27514-2295
DWR # 13 -1005
Wake County
• r
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
Jenks /64— Westford,Tract,Mixed Use Development
Dear Mr. Hightower:'
You have our approvalfor• the impacts listed; below for the purpose, described in your application dated
September 17, 2013 and received by the Division of Water Resources (Division) on September 18; 2013 with
additional information received on October 21, 2013. These impacts are covered by the attached Water
Quality General Certification ,Number 389 and the conditions listed below. This,certification is associated
with the use of Nationwide Permit Number 39 once it is issued td you by the U-S. Army Corps of Engineers.
Please note thatyou should get -any other federal, state or local permits before proceedirig,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 to4ollowthe conditions listed in the enclosed'ce_rtification and the'following
additional conditions:
1. TheJollowing;impaets are hereby, approved prov,i'ded that,all of't'he other,"specificand general conditions of
the - Certification, General Permit an'd /or Buffer Rules are met. No other impacts are approved, including
incidental impacts.
ose
N Carolina
Naturally
North Caro hna'Diwsion of Water Resources 1628 Mad Service Center Raleigh, NC,27699 -1628 Phone,(919) 791 -4200
Internet www ncwaterguality orq Location, 3-800 Barrett, Drive Raleigh, NC 27609 Fax `(919) 788 -7159
An Equal Opportunity /Affirmative Action Employer-50% Recycled/10% Posf Consumer Paper

Jenks /64 Westford Tract
DWR# 13 -1005
40.1 APPROVAL
Page 2 of 4
Type of Impact ,',Amount
Approved
(unit's)
Permanent
Amount Approved'
(units)
Temporary
Wetland
0.348 (acres)
0 (acres)
Site WC _
Wetland
0.060 (acres)
0 (acres)
'Site WD
'Wetland,
0.035 (acres)
0 (acres)
Site WE
2. Stormwater Management Plan (SMP),Approval from Local Comrriunity,Reguired
'You are required toprovide','One copy, of'the approved'SMPJncluding plan detail's on full -sized plan 'sh'eets;
with proof of the Town of,Apex's approval. The approved 5MP,shall.be submitted'to the DWR Webscape
Unit (1'650 Mail Service Center, Raleigh, NC 27699 - 165.0) before any impacts authorized in this
certification occur. After it is approved and submitted to the Division, the SMP may not b�e modified
without prior written authorization from the Town of Apex. If the SMP is modified in the future, then you
shall provide one modified SMP with proof of approval to the DWR Webscape Unit prior to the
commencement.of the modifications. E
3. Diffuse Flow
Allstormwater shall be,directed and maintained as diffuse, flaw' at non - erosive, velocities through,the
protected stream .buffers such that, it will not re- concentrate `before discharging into a stream'.
4., 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.
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 highvisibility material), for the areas that have been approved to infringe within the buffer „wetland
or'water priorto�any land disturb'ing;activities to ensure compliance with'15 NCAC 02H .0500.,
6. 'This approval is for the purpose and.design described in your application. The plans and,spgcifications 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

Jenks /64 Westford Tract
DWR# 13 -1005
401APPROVAL
Page:3 of,4
app�ropriate.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 allconditions,
7., This approval and its conditions are final and binding unless contested.
This Certification can'be contested as provided in_Articles,3 and 4o`f"General'Statute 1506' 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 htto: / /www.ncoah�cor / or by calling the OAH Clerk's Office
at (919),,431 -3000 for,informatiom
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 9:00am and'5:00pm)
excluding official state'holidays)._
The petition may be faxed tosthe .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,sendmg by First Class Mail
via the US, Postal Service:
Office of Admini "strative Hearings
6.714 Mail Service Center
Raleigh, NC 27699 -6714
If sending via4elivery 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 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 ClassMail,
via the US Postal Service.
Karen'Higgins
NC DENR -DWR _ W,ebscape Unit
1650 Mail'Service Center
Raleigh, NC 27699 -1650
If sending via, delivery service
(e.g. UPS, FedExJ:
Karen Higgiris
NC DEN R-DWR — Webscape Unit
512 N., Salisbury Street
Raleigh, NC 27604

Jenks /64 Westford Tract
DWR# 13 -1005'
401APPROVAL
Page-4 of 4
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 ques ions or concerns.
ince ply,
Danny ith, Supervisor
W Quality Regional Ope "rations Section
Enclosure: 3890
cc: U.S. Army•Corps of Engineers; Raleigh ,Regulatory Fie`ld'Office; 3331 H'er=itage Trade Drive,5t: 105;;
Wake Forest, NC 27597
Jason Hartshorn; Kimley- Horn•arfd Associates; P.O. Box 33068; Raleigh, NC 27636'
RRO 'DWR Files