20081123 Ver 3_Approval Letter_20140529

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North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
May 29, 2014
K. Hovnanian Homes at Brook Manor, LLC
Attn: Ryan Foley
3333 Regency Parkway
Cary, NC 27518
John E. Skvarla, III
Secretary
DWR # 08- 11230
Wake County
Subject: AFTER - THE -FACT APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH
ADDITIONAL CONDITIONS
Brook Manor — Lot 11
Dear Mr. Foley:
You have our approval for the impacts listed below for the purpose described in your application
dated May 19, 2014 and received by the Division of Water Resources (Division) on May 21, 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 18 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
0.03 (acres)
0 (acres)
I�o1e Carol
iVNatural,
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% Recycled110% Post Consumer Paper

Brook Manor — Lot 11
DWR# 08 -11230
401 APPROVAL
Page 2 of 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.
3. 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.
4. 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.
5. This approval and its conditions are final and binding unless contested.
This Certification can be contested as provided in Articles 3 and 4 of General Statute 1508 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 http: / /www.ncoah.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 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 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 sending by First Class Mail If sending via delivery service
via the US Postal Service: (e.g. UPS, FedEx):

Brook Manor — Lot 11
6W,,0,08- 1123v3
401 APPROVAL;
Page•3 of,3
Office of Administrative Hearings Office of'AI ministratiVe Hearings
6714 Mail service Center 1711 New H'ope,Church'Road
Raleigh, NC 27699 -6714 Raleigh, •NC 27609 -6285
One (1') copy of the petition must also be served',to DENR:
Lacy,P.resnell, General Counsel
Department of Environment and Natural Resources
1601,Mail,Service'Center
Raleigh, NC27699 =1601
Please send one (1) copy °of "the petition -to DWR:
if %ending by First0ass,'Mail if sending via delivery service
via the US Postal Service: (e.g. UPS, FedEx):
Karen Higgins �11( aren Higgins
N'C;DENR- DWR-- WebscapeUhit 'NC DENR- DWR.— Webscape Unit
1650 Mail Service Center 512N. Salisbury,Stfeet
Raleigh, `NC 27699 -1650 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 o'r cherri.smith @ncdenr:gov if'you'haye,any questions or
concerns.
n ely;
Danny S ith
Supervisor; Water,Quality Regional Operations Section'
Enclosure: 3890 „
,cc. V.S. Army Corps °of Engineers; - Raleigh Regulatory Field Office; 3331 Heritage Trade
'Drive, St. 105; Wake Forest, N;C 27597
Troy 6easley; °Withers & Ravenel;;141'0 Commonwealth Dr,:, Ste'. 101; Wilmington, NC
28403 -
DWR RRO 401 Files