20051952 Ver 5_Approval Letter_20140320

NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water Quality Programs
Pat' McCrory Thomas A. Reeder
Governor Director
March 20, 2014
JVI' Devel'opmen't II, Inc:
Attn: Joseph lonnane
2509 Southwinds Run
Apex, NC 26502 -6512
John E. Skvarla', III
Secretary
DWR # 05- 1952v5
Wake County
Subject: APPROVAL OF401 WATER QUALITY CERTIFICATION W,ITFi ADDITIONAL CONDITIONS
Manors & Cottages at Bella Casa Phases 6'& 8
Dear Mr. lonnane:
You have our approval for the impacts'listed below for the purpose described in your application dated March
,7, 2014 and received by the Division of Water Resources (Division) on March 11, 2014. 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 - D'i'scharge, and Water Supply Watershed regulations. This 401 Certification for DWR #05- 1952v5 dated
March 20, 2014 replaces'the 401 Certification'for DW,R' 905- 1952v4 dated January 30, 2014.-
This approval requires you to follow the conditions listed, in.the enclosed certification and th-e 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
0.2 (acres)
0 (acres)
Stream
60 (linear feet)
0 (linear feet)
No Carolina
;�tura!!r�
North Carolina Diwsion,of Water Resources 1628' Mail,Service Center Raleigh, NC 27699 -1628 Phone [phone]
Internet www.ncwaterouality orq Location 3800 Barrett Drive Raleigh, NC 27609 Fax [phone]
An Equal Opportunity /Affirmative Acton Employer- 50% Recycled/10% Post Consumer Paper

Manor and Cottages at Bella,Casa`Phase 6
DWR #;05- 1952v5
401 APPROVAL
Page 2, of 4
Stream 188 (linear feet) I 0 ,(linear feet)
2. Stormwater Management 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 format); with-proof of the Town of Apex'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. -After it is,app"roved and submitted to the Division, 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 Webs -ape Unit prior -
to the commencement,of the modifications.
1, 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 notre- 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 th'e• Pre - Construction Notification. All construction activities; including
the design, installation, operation,.and mairitenance of sediment and erosion control Best Management
Practices, shall be performed so that no violations of state water quality standards, 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 yourproject, you
,must notify the , Divisioon and you May be required to submit,a new•application package with the
appropriate fee. If the property�isssold', 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'arf6 binding unless contested.
This Certification can be contested as, provided. in Articles 3 and 4 of General Statute 1508 by'fili'ng,a written
petition for an administrative hearing to the Office of Administrative Hearings (hereby,knowrr as OAH). A
petition form may be obtained from the OAH at http: / /www.i °coah.com/ or by calling the OAH Clerk's Office
at (919) 431 -3000 for information.
Within thirty (30) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is

Manor and Cottages at Bella Casa Phase 6
DWR# 05- 1952v5
401 APPROVAL
Page 3 of 4
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 (Mo,ndaythrough Friday between 8!00am and 5,000m, 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 filingfee 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•of Administrative Hearings
6714 Mail Service'Center
Raleigh, NC 27699 -6714
If-sending, via delivery service
(e.g. UPS, FedEx):
Office of Administrative Hearings
17,11 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 Res_ ources
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 DENR -DWR — Webscape Unit
512 N. Salisbury Street
Raleigh, NC 27604
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 questions or concerns.
Si ce T Iy,
DannyS - ith
Supervisor, Water Quality Regional Operations Section
Enclosure: 3890

Manor and Cottages at Bella Casa Phase 6
DW R# 05- 1952v5
401APPROVAL
Page'Aof 4
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