20140800 Ver 1_Approval Letter_20140818

A�
NC®ENR
North Carolina'Department of Environment and Natural Resources
Pat McCrory
GoVe hog
August 18, 2014
Park West Investors /Morris'IV; LLC
c/o Morris Commerci•a'I ,lnc.
Attn: John B. Morri's
1,94 Finley Golf Course, Road
Chapel Hill, NC 27-517
John E., Skvar,`la, II I
,Secretary
_DW R, # 14 -0800
Orange County'
Subject:_3 APPROVAL OF 401 WATER`aLIALITY CERTIFICATION WITKADDITIONAL,CONDITIONS
Thee Edge
Dear`Mr: Morris;:
You have our app,rovdl for the-Impacts listed below for the purpose described in your application
dated`August 15, 2014 and received by the Division of Water,R'esources (Divi'sion)'on July 29, 2014.
These impacts are covered by the,attached WaterQuality'Genera_'I Certification Number 3890 and
the-conditions listed below. This certification is associated with the use of "Nationwide Permit
Number 39 once it is issued to you bythe U.S. Army Corps of'E'ngineers., PI'easenote thatyou
should getany other federal; state or locdl 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 ,follo " "w'the conditions, listed in the enclosed certification and the
following additional conditions,:
1, The' followingimpacts are�hereb�y approved provided that all of the, other specific, and general
,con ditions 'of'the'Certifi(fation, General Permit and /or, Buffer Rules' are met. No other�i npacts,
are. approved, includingincidental impacts.
Type of Impact
Amount Approved.
Amount Approved
(units)'
(units)
Permanent
Temporary
Wetland j
0.02 _(acres)
0 (acres)
No One
Carol
- JVaturuh
North ,'Cafolma Divi °§ §i(in of Water'ResourdCss 1628 Mail;Service;Center Raleigh, NC,27699 -1628 Phone)(90)'70' -4200 Customer Service
Intemet Www ncwaterquality org Location 3800'Barreti Dnve Raleigh, NC 27609 Fax- (919) 788 - 7_,159 1- 877 - 623 =6748
An,Equal OpportumtylAffirmative Action;Employer— 50 %o,Recycled /10% Post•Consumer;Paper

The, Edge
D W R #-'14 -0800
401 APPROVAL
Page_ 2,of 4
Stream
64 1(linear;feet)
0 (linear feet)
Culvert
y
Stream -
30, 11inear feet)
0 ,(linear feet).
Dissipater Pad
2. Stormwater Management Oan,(SMP),Approval from Local Commu_ nity Required
You are,required,to provi'd'e one copy (hard copy or digital) of;the approved'SMP, including
p'lan,'details on full -sized plan sheets, with'proof,of theTown of Chapel Hill's approval. `The
approved SMP shall Abe submitted to the DWR, Webscape Unit (1617,Mail'Service Center-,.
Raleigh, NC 27699 -1617) ,before -any impacts authorized'in this 'certificaticnoccur. After it is
approve&and submitted to the Diyision,,th'e SMP'may-_not �be modified without prior written
authorization from the Town of Chapel Hill. If-the SMP is modifi'ed inAhefuture, then,you shall
provide one modified,SMP with proof of approval to -the DWR,Webscape,Un'it prior to the
cornmencement,of'the, modifications.
`3. NoWaste, Spoil, S61ids,�or Fill of'Any,Kin'd
No waste; spoil; solids, or fill of any kind shall occur,in wetlands, waters, or riparian areas
beyond'the:f6otprint,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 sothatno�
violations -of state waterquality standards,;statutes, or rules occur.
4. .Protective Fencing
The outside, buffer„ wetland orwater boundary and along,the construction corridor within
these boundaries approved und& this authoeiiation shall be clearly marked' with or'ange
WarningIencing(or,sim'ilar high'Visibilitye mater' ial)JorOe areas�that have been,approved to,
infringe withinthe buffer, wetland or°water prior tp,any land disturbing activities to ensure
compliance with 15 NCAC 02H.,0500.
5. Thi's approval`is,forthe purpose and design.described "in your-'a,pplication. The plans and
specifications f6r'this project'are incorporated by reference as part„of the Certification and
Buffer Authorization: If°you change your,project, you must notify- the Division and you may be
re'quired'to,subrnit a neW, pplication package with the appropriate fee. Ifthe prop,erty'is sold,
the new�owner m,ustbe given a copy of this approval letter -and General Certification, and is
r"esponsibl'e f6r. compl,ying'with'all, conditions.
6. This approval andjtsconditions are final and�binding,unl'ess contested.
This Certification and Buffer - Authorization can be °contested as provided in,Articles3, and,4 of
Genera15tatute 1506, by`filingEa written petition for an administrative hearing to the Office of
Administrative Hearings,(hereby known as OAH). A petition form, maybe obtained'from'the OAH

The Edge
DWR# 14 -0800
401APPROVAL
Page 3 of 4,
,at,,h'tt,p: /. /www:ncoah.com /, or by calling,the.OAH Clerk's Office, at (9,19).431 3000,for information.
Within thirty (30)`calendar days 6f receiptof this not-ice, 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 (Mond'aythrough Friday between 8:00am
and 5:00pm) excludi'ng,official state holidays).
The petition may be faxed "to ,'the OAH at x(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.t'hejaxed 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 Aftinistrativ_,e Hearings
1711 New Hope Church Road
Raleigh, ,NC 27609 -6285
One (1),copy,pf the petition,mustalso be served'to DENR:�
Lacy Presnell, General Cqunsel
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 Postai Service:
Karen Higgins
NC DENR -DWR — Webscape Unit
1617 Mail,Service Center
Raleigh; NC`27699 -1617
If.sending via delivery service `
(e.g. UPS, FedEx):
Karen Higgins
'NC DENR -DWR — Webscape, Unit
5,12 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 cherrismith @ncdenr.gov if you have any questions or
concerns.,

The Edge
DWR# 14 -0800
401APPROVAL
Page 4 of,4
S DIely, "
G�•�/7 �i
Danny'Smith
Supervisor, Water Quality Regional Qperations'Sectiop
Enclosure: GC 3890
cc: U.S. Army Corps, of Engineers; Raleigh Regulatory Field O'ffice;,`3331 Heritage Trade
,,rive, St. 105;, Wake,Forest, NC 2759.7
Kevin Yates; McAdams Company; P.O,: Box 14005; Research Triangle Park, NC,27709
.DWR RRO 401'Files