20051882 Ver 7_Approval Letter_20131230

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NCDENR 4
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
Taw Development
Attn: Paul Schubert
6300 Westgate Road, Ste. A
Raleigh, NC 27617
Division of Water Resources
Water Quality Programs
Thomas A. Reeder
Director
December 30, 2013
John E. Skvarla, III
Secretary
DWR # 05 -1882 v7
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
Highland Creek — Phase 10
Dear Mr. Schubert:
You have our approval for the impacts listed below for the purpose described in your application dated
December 2, 2013 and received by the Division of Water Resources (Division) on December 6, 2013. These
impacts are covered by the attached Water Quality General Certification Number 3890 and the conditions
listed below. This certification is associated with the use of Nationwide Permit Number 29 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 provided that all of the other specific and general 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
Wetland
0.01 (acres)
0 (acres)
None hCarolina
Nattimllry
North Carolina Division of Water Resources 1628 Mail Service Center Raleigh, NC 27699 -1628 Phone [phone]
Internet: www.ncwaterguality.org Location: 3800 Barrett Drive Raleigh, NC 27609 Fax [phone]
An Equal Opportunity/Affirmative Action Employer-50% Recycled /10% Post Consumer Paper

Highland Creek Phase,10
DWR #05- 1882v7
401 AND BUFFER APPROVAL
Page 2 of 4
Road
Wetland
0.01
(acres)
0
(acres)
Lot
Stream
114
(linear feet)
0
(linear feet)
Lot
Stream
0 (linear feet)
21
(linear feet)
Sanitary Sewer
Buffers —Zone 1
1,265 (square feet)
0
(square feet)
Sanitary Sewer
Buffers — Zone 2
846
(square feet)
0
(square feet)
Sanitary Sewer
Buffers —Zone 1
628
(square feet)
0
(square feet)
BMP — Stream C
Buffers — Zone 2
469
(square feet)
0
(square feet)
BMP —Stream C
Buffers —Zone 1
604
(square feet)
0
(square feet)
BMP —Stream A
Buffers — Zone 2
450
(square feet)
0
(square feet)
BMP —Stream A
Stormwater Management Plan (SMP) Approval from Local Community Required
Because the stormwater management plan (SMP) that is approved by the City of Raleigh is being used to
meet diffuse flow requirements on this project, you are required to provide one copy of the approved SMP
including plan details on full -sized plan sheets or on an electronic disk submittal, along with
documentation of Raleigh's approval. The approved SMP shall be submitted to the DWR 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 shall be constructed and operational before any permanent building or other
structure is occupied at the site.
The approved SMP as well as drainage patterns shall be maintained in perpetuity.
The SMP may not be modified without prior written authorization from the City of Raleigh. A copy of
the approval letter and the modified SMP shall be submitted to the DWR Webscape Unit prior to the
commencement of the modifications.
3. 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.

Highland Creek Phase 10
DWR #05- 18820
401,AND BUFFER APPROVAL
Page 3 of 4
4. Protective Fencing
The outside buffer, wetland or water boundary and along t'h& 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'th-at have been approved to infringe within the buffer, wetland
or water prior to any land disturbing activities to ensure•compliance with 15 NCAC 01H .0500.
5. 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 and Buffer Authorization. If you
change your project, you must notify th,e Division and you may be :required to submit a new application
package with the appropriate fee. If the'property'i's'sold, the_ new' ,owner must b&given'a, copy ofthis
approval letter and General Certification and is responsible for complying With, all conditions.
6`. T.his,approval and its conditions are final and'binding unless conte_stecl
This Certification, and Buffer Authorization can 'be contested as provided in Articles 3 and 4 of General
Statute 150B by filing a, written ,petition for an administratiye hearing to'the Office of Administrative Hearings
(Hereby known, as OAH). A petition form may be,obtaineci from the OAH at http- / /ww.w.ncoah.co'm/ or by
calling the OAH Cl'erk's Office at (919) 431 =3000 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 d'uring`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 witHiri five (5) business days following the
faxed transmission.
Mailing address for the OAH:
,If sending byfirst Class Mail
via the US Postal Service:
Office of Administrative'Hearings
6714 Mail Service, Center
Raleigh, NC 27699,-67.14
If sending via delivery service
(e:g. UPS, F,edEx):,
Office of Administrative Hearings
1711 New Hope Church Road,
Raleigh, NC,2- 7609; -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, FedEx):
Karen Higgins
NC DEN R-DWR — Webscape Unit
512 N. Salisbury Street
Raleigh, NC 27604
Highland Creek Phase 10
DWR #05- 1882v7
401 AND BUFFER APPROVAL
Page 4 of 4
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.
Si nc rely,
Danny Smith, Supervisor
Water Quality Regional Operations Section
Enclosures: GC 3890
cc: U.S. Army Corps of Engineers; Raleigh Regulatory Field Office; 3331 Heritage Trade Drive, St. 105;
Wake Forest, NC 27597
John Dempsey; Pulte Group, Raleigh; 1225 Crescent Green Drive, Ste. 250; Cary, NC 27518 -8119
Kevin Yates; McAdams Company; P.O. Box 14005; Research Triangle Park, NC 27709