20140509 Ver 1_Approval Letter_20140529

NGDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
May 29, 2014
Lennar Carolinas, LLC
Attn: Stephen Leach
909 Aviation Parkway, Ste. 700
Morrisville, NC 27560
John E. Skvarla, III
Secretary
DWR # 14 -0509
Wake County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
Parkside at Bella Casa - Phase 7/8
Dear Mr. Leach:
You have our approval for the impacts listed below for the purpose described in your application
dated April 29, 2014 and received by the Division of Water Resources (Division) on May 20, 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 - 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
0.07 (acres)
0 (acres)
Stream
75 (linear feet)
0 (linear feet)
N ne ).
NatCaroural,
North Carolina Division of Water Resources 1628 Mail Service Center Raleigh, NC 27699 -1628 Phone [phone] Customer Service
Internet: www.ncwaterquality.org Location: 3800 Barrett Drive Raleigh, NC 27609 Fax [phone]
An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper

Parkside at Bella Casa Phase — Phase 7/8
DWR# 14 -0509
401 APPROVAL
Page 2 of 4
Site 1
Stream 0 (linear feet) 20 (linear feet)
Site 2
2. Stormwater Management Plan (SMP) Approval from Local Community Required
You are required to provide one copy (hard copy or digital) of the approved SMP, including
plan details on full -sized plan sheets, 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 approved 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 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 quality standards, statutes, or rules occur.
5. Protective Fencin
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 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.
7. This approval and its conditions are final and binding unless contested.

FA-
Parkside,at Bella Casa Phase — Phase 7/8
DWR# 14 -0509
401 APPROVAL
`Page 3 df'4
This'Certificatign can beContested as provided' in Articles-3 -and 4-6f General Statute_ 1509 by "filing
a written petition for anad'ministrat-ive hearing.toIhe Office of Administrative H'earings,(hereby
known as OAH). A petition form maybe, obtained, from the OAH at.http: / /www.ncoah'.com% oe by°
,calling•the "OAH Clerk's° Office at (919)-431 -3000 ,for information.,
Within thirty-(30) calendar days of receipt oftlii' - notice, a ioetition must be'filed with the OAH. A
petition. is considered filed' when the original, an'd` one ,(1) copy along, with any applicable OAH filing
•fee,is,received in the'OAH during,normal office hour (Monday through Friday between &00zi n
and 5:00pm, excluding official state,holidays):
- The petition may be:faxed "to,theDAH at (919) 431 - 3100, provided_the original and one copy,of the
petition along with any applicable,OAH filiiig,fee i"received by the'OAH'within N6'(5y business
days'following,the faxedtransmission.
Mailing address for. the OAH:
If'sending by First C1ass,Mail'
Via the US Postal Service:
Officeyof Administrative Hearings
6714 Wil,Se-vice Center
Raleigh, NC 27699 -6714
Ifsending ,via delivery service
(e.g., UPS,, FedEx):
Office of,AdministrativelHearings
1711 New Hope ^Church,Road
Ral'eigh,,`NC 27609 -6285
One (1) copy ofthe.petition must also be seeved,to DENR:
,Lacy,Presnell, "General Counsel
Department of Environment and Natural,Resources
1601•Mail'Service Center
Raleigh, NC 27699 4601
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 -DW.R — Webscape Unit
512 N.,Salisbury Street
,Raleigh, NC 27604
This letter eohipletes the review•of the Division under sectionA01of the, Clean Water Act. Please
Contact CherriSmiih,ai 919- 791- 425tor cherri :smith @.ncdenrf.eov'if�you have,any questions or-
zoncerns.

Sincerely,
,C) it n�✓
Danny Sr4th
Supervisor, Water Quality Regional Operations Section
Parkside at Bella Casa Phase — Phase 7/8
DWR# 14 -0509
401 APPROVAL
Page 4 of 4
Enclosure: 3890
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 S. New Hope Road; Raleigh, NC 27610
DWR RRO 401 Files