20052070 Ver 2_Approval Letter_20150609

NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
June 9, 2015
Weavers Pond Development Co. LLC
Attn: David Berry
9407 Bartons Creek Road
Raleigh, NC 27615
Donald R. van der Vaart
Secretary
DWR # 05 -2070 v2
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 026 .0233) WITH. ADDITIONAL CONDITIONS
Weavers Pond Subdivision Phase 2C
Dear Mr. Berry:
You have our approval for the impacts listed below for the purpose described in your
application dated May 8, 2015 and received by the Division of Water Resources (Division) on
May 8; 2015. These impacts are covered by the attached Water Quality General Certification
Numbers 3883 and 3890 and the conditions listed below. This certification is associated with
the use of Nationwide Permit Numbers 3 and 29 once they are 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. Impact #3 for a
road crossing was previously permitted by the Division on March 20, 2006 (DWR #2005 -2070)
but was never built.
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 and Buffer Rules are met. No other impacts are
approved, including incidental impacts.. [15A NCAC 02B .0506(b)(c) and 15A NCAC 02B
.0233(8)]
Division of Water Resources, Raleigh Regional Office, Water Quality Operations Section http : / /portal.ncdenr.org /web /wq /aps
1628 Mail Service Center, Raleigh, NC 27699 -1628 Phone: [phone]
Location: 3800 Barrett Drive, Raleigh, NC 27609 Fax: [phone]
An Equal Opportunity 1 Affirmative Action Employer — Made in part by recycled paper

Weavers Pond Phase 2C
DWR# 05 -2070 v2
401 AND BUFFER APPROVAL
Page 2 of 5
Type of Impact*
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Wetland
0.166 (acre)
0.057 (acre)
Road Crossing ( #2)
Wetland
0 (acre)
0.004 (acre)
Road Crossing ( #3)
Stream
96 (linear feet)
21 (linear feet)
Road Crossing ( #3)
Stream
45 (linear feet)
0 (linear feet)
Dam Maintenance
( #4)
Stream
0 (linear feet)
5 (linear feet)
Water Main ( #4)
Open Water
0.029 (acres)
0 (acres)
Road Crossing ( #4)
Buffers — Zone 1
6,233 (square feet)
0 (square feet)
Road Crossing ( #3)
Buffers — Zone 2
4,542 (square feet)
0 (square feet)
Road Crossing ( #3)
Buffers —Zone 1
4,879 (square feet)
0 (square feet)
Road,Crossing ( #4)
Buffers — Zone 2
5,979 (square feet)
0 (square feet)
Road Crossing ( #4)
Buffers —Zone 1
0 (square feet)
620 (square feet)
Water Main ( #4)
Buffers — Zone 2
0 (square feet)
103 (square feet)
Water Main ( #4)
2. Diffuse Flow Plan Approval by the Division
The Division approves the diffuse flow plan' consisting of two level spreaders and
engineered filter strips and all associated stormwater conveyances, inlet and outlet
structures, and the grading and drainage patterns depicted on plan sheets dated January
15, 2015, which are incorporated by reference and are enforceable by the Division. The
following conditions also apply [15A NCAC 02H .0506(b)(5)]:
The footprint of all diffuse flow devices as well as an additional 10400t wide area on
all sides of the devices shall be located in either public rights -of -way, dedicated
common areas or recorded easement areas. The final plats for the.project showing

Weavers Pond Phase 2C
DWR# 05 -2070 v2
401 AND BUFFER APPROVAL
Page 3 of 5
all such rights -of -way, common areas and easement areas shall be in accordance
with the approved plans. [15A NCAC 02H .0506(b)(5)]
• The approved diffuse flow plan shall be constructed and operational before any
permanent building or other structure is occupied at the site. [15A NCAC 02H
.0506(b)(5)]
• The diffuse flow plan may not be modified without prior written authorization from
the Division. A copy of the approval letter and the modified SMP shall be submitted
to the DWR 401 & Buffer Permitting Unit prior to the commencement of the
modifications. [15A NCAC 02H .0506(b)(5)]
• Maintenance activities for the two level spreaders and engineered filter strips shall
be performed in accordance with the O &M agreement included in the application
that is incorporated by reference and is enforceable by the Division. The 0 &M
agreement shall transfer with the sale of the land or transfer of
ownership /responsibility for the BMP facility. [15A NCAC 02H .0506(b)(5)]
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. [15A NCAC 02H .0501
and .0502]
4. 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)]
5. 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)]
6. This approval and its conditions are final and binding unless contested. [G.S. 143 - 215.5]

Weavers Pond Phase 2C
DWR# 05 -2070 v2
401 AND BUFFER APPROVAL
. Page 4 of 5
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
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
1711 New Hope Church Road
Raleigh, NC 27609 -6285
One (1) copy of the petition must also be served to DENR:
Sam Hayes, 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 DEN R -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

Weavers Pond Phase 2C
DWR# 05 -2070 v2
401 AND BUFFER APPROVAL
Page 5 of 5
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 cherri.smith @ncdenr.gov if you have any questions or concerns.
Snere
Danny Smith
Supervisor, Water Quality Regional Operations Section
Enclosures: GC 3883 & 3890
cc: U.S. Army Corps of Engineers; Raleigh Regulatory Field Office; 3331 Heritage Trade
Drive, St. 105; Wake Forest, NC 27597
Deborah Shirley; Soil & Environmental Consultants, PA; 8412 Falls of Neuse Rd., Ste.
104; Raleigh, NC 27615
DWR RRO 401 /Buffer file