20051952 Ver 4_Approval Letter_20140130

A
NCDENR
'North Carolina Department of Environment and Natural Resources
Division of Water Resources
Pat McCrory
Governor
JVI Development II, Inc.
Attn: Joseph lonnane
'2509 Southwinds Run'
Apex, NC 26502 -6512
Water Quality Programs
Thomas A. Reeder
Director
January 30, 2014
John E. Skyarla, III
Secretary
DWR # 05- 1952v4
Wake County
Subject: APPROVAL OF.401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
Manors & Cottages at Bella Casa Phase 6
Dear Mr. lonnane:
You 'have our approval °for °the impacts listed.below for the purpose described in your application dated
January 2; 2014 and,'received by the. Division of Water Resources (Qivision,) on,January'8, 2014 with additional
information received on January. 22, 2014. These,impacts,are�covered by the attached Water Quality General
Certification Number 3886 and the conditions listed below. This certification is-associated 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 401 Certification for DWR #05- 1952v4 dated January 30, 2014 does not replace any
previous versions of the 401 Certification for DWR #05 -1952.
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`otherspecific and general conditions of
the Certification, General Permit and/or Buffer Rules are. met. .No other-impacts are approved, including
incidental impacts.
None Carolina
- atura!!r�
North Carolina Division of Water Resources 1628 Mail Service,Center Raleigh, NC °27699 -1628 Phone [phone]
Internet www ncwatergualdy org `Location 3800 Barrett Drive Raleigh, NG 27609 Fax [phone]
An Equal Opportunity/Affirmative Action Employer - 50 % Recycledl10% Post Consumer Paper

Manorand,Cottages at Bella Casa Phase 6
DWR# 05- 1952V4
401.APPROVAL
Page,2 of 4
Type of Impact-
Amount Approved
Amount Approved '-
,(units)
(units)
Permanent
Temporary
Wetland
0.2 (acres)
0 (acres)
Stream
60 (linear feet)
0 (linear feet)
2. Stormwater Mana -gerrient Plan (SMP) Approval from Local Community Required
You are required to provide one copy -of the approved SMP, including plan details,on full -sized plan sheets
(or in digital for with proof o`f'the Town of Apex's approval. The approved SMP'shall be submitted to
tKe'DWR Webscape Unit (1650 Mail'Servi'ce Center, Raleigh, NC 2769.9 -1650) - before any impacts
authorized in this certification occur-. After it is approved and submitted to the Div'i'sion, the SMP may not
be 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.
3. Diffuse Flow
All stormwater shall be directed and maintained as diffuse flow 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 quaiitystandards,�statutes, or rules
occur.
5. 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.
6. 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 to submit anew 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.
7. This approval and its conditions are final and binding unless contested.

Manor and Cottages at,Bella Casa Phase 6
D.wR# 05= 1952x4
401 APPROVAL
Page 3 of 4
This,Certificati'orr can, be contested' as,provided in, Articles 3 and 4,of'Gene'raI Statute 1506.by filing a
written petition for an administrative "hearing'to the Office of Admini'strative'Hearings (hereby known as OAH).
A petition form maybe obtained from the OAH at http: / /www.ncoah.com/ or by calling the OAH Clerk'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 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 ,an,y 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
via the US Postal Service:,
Office &Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699 -6714
If sending via delivery service
(e.g. UPS, FedExJ:
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 off he petition to DWR:
If sending by First,Class Mail
via -the US PostaLService:
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 DENR -DWR — Webscape Unit
512,N. Salisbury Street `
Raleigh, NC 27604
&I
'Th'is letter, completes the review ofthe 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 questions or concerns.

Manor and Cottages at Bella Casa Phase 6
DWR# 05- 1952v4
401APPROVAL
Page 4 of 4
fincerely,
Danny S ith, Supervisor
Water Quality Regional Operations Section
Enclosure: 3886
cc: U.S. Army Corps of Engineers; Raleigh Regulatory Field Office; 3331 Heritage Trade Drive, St. 105;
Wake Forest, NC 27597
Jeff Harbour; ESI; 524 South New Hope Road; Raleigh, NC 27610
RRO DWR Files