20141086 Ver 1_Approval Letter_20141209

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NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
December 9, 2014
George Ray and Jean Cheely
2601 Southwinds Run
Apex, NC 27502 -6514
John E. Skvarla, III
Secretary
DWR # 14 -1086
Wake County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
AUTHORIZATION CERTIFICATE PER THE NEUSE RIVER BASIN RIPARIAN BUFFER
PROTECTION RULES (15A NCAC 02B.0233) WITH ADDITIONAL CONDITIONS
Pinebrook Hills Subdivision
Dear Mr. Ray and Ms. Cheely:
You have our approval for the impacts listed below for the purpose described in your application
dated October 13, 2014 and received by the Division of Water Resources (Division) on October 13,
2014 and the revised application received on November 26, 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:
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. [15A NCAC 02B .0506(b)(c)] and
15A NCAC 02B.0233(8)]
NorthCarol
Natural,
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

Pinebrook Hills SD
DWR# 14 -1086
401 AND BUFFER APPROVAL
Page 2 of 5
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Wetland
0.014 (acres)
0 (acres)
Impact 1
Wetland
0 (acres)
0.009 (acres)
Impact 2
Stream
149 (linear feet)
0 (linear feet)
Impact 1
Stream
0 (linear feet)
33 (linear feet)
Impact 2
Buffers — Zone 1
8,521 (square feet)
0 (square feet)
Impact 1
Buffers — Zone 2
5,712 (square feet)
0 (square feet)
Impact 1
Buffers —Zone 1
2,276 (square feet)
0 (square feet)
Impact 2
Buffers — Zone 2
1,570 (square feet)
0 (square feet)
Impact 2
Buffers —Zone 1
1,090 (square feet)
0 (square feet)
Impact 3
Buffers — Zone 2
662 (square feet)
0 (square feet)
Impact 3
Buffers —Zone 1
1072 (square feet)
0 (square feet)
Impact 4
Buffers — Zone 2
653 (square feet)
0 (square feet)
Impact 4
Stormwater Management Plan (SMP) Approval from Local Communitv 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 City of Raleigh's approval. The
approved SMP shall be submitted to the DWR 401 & Buffer Permitting Unit (1617 Mail Service
Center, Raleigh, NC 27699 -1617) 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 City of Raleigh. If the SMP is modified in the future, then you
shall provide one modified SMP with proof of approval to the DWR 401 & Buffer Permitting
Unit prior to the commencement of the modifications. [15A NCAC 02H .0506(b)(5)]

Pinebrook Hills SD
DWR# 14 -1086
401 AND BUFFER APPROVAL
Page 3 of 5
1. 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. [15A NCAC 02H .0501 and
.0502]
2. 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. [15A NCAC 02H .0506 (b)(2) and (c)(2) and 15A NCAC
02H .0507 (c)]
3. 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 and
Buffer Authorization. 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. [15A NCAC 02B .0507(d)(2)]
4. This approval and its conditions are final and binding unless contested. [G.S. 143 - 215.51
This Certification and Buffer Authorization can be contested as provided in Articles 3 and 4 of
General Statute 150B by filing a written petition for an administrative hearing to the Office of
Administrative Hearings (hereby known as OAH). A petition form may 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
via the US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699 -6714
Pinebrook Hills SD
DWR# 14 -1086
401 AND BUFFER APPROVAL
Page 4 of 5
If sending via delivery service
(e.g. UPS, FedEx):
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:
John Evans, General Counsel
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 Postal Service:
Karen Higgins
NC DENR -DWR — 401 & Buffer
Permitting Unit
1617 Mail Service Center
Raleigh, NC 27699 -1617
If sending via delivery service
(e.g. UPS, FedEx):
Karen Higgins
NC DENR -DWR -401 & Buffer
Permitting Unit
512 N. Salisbury Street
Raleigh, NC 27604
This letter completes the review of the Division under section 401 of the Clean Water Act and the
Neuse Riparian Buffer Rules as described in 15A NCAC 02B .0233 . Please contact Cherri Smith at
919 - 791 -4251 or the
if you have any questions or concerns.
LSieer ly,
Danny Sm7,Water Superviso Quality Regional Operations Section
Enclosure: GC 3890
cc: U.S. Army Corps of Engineers; Raleigh Regulatory Field Office; 3331 Heritage Trade
Drive, St. 105; Wake Forest, NC 27597
Ashton Raleigh Residential; 5711 Six Forks Rd., Ste. 300; Raleigh, NC 27607
Sean Clark; SEPI Engineering & Construction; 1025 Wade Ave.; Raleigh, NC 27606

Pinebrook Hills SD
DWR# 14 -1086
401 AND BUFFER APPROVAL
Page 5 of 5
DWR 401 & Buffer Permitting
DWR RRO 401 copy