20150562 Ver 1_Approval Letter_20150706

NC®ENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
July 6, 2015
Chatham Park Investors, LLC
Attn: Timothy R. Smith
100 Weston Estates Way
Cary, NC 27513
Donald R. van der Vaart
Secretary
DWR # 15 -0562
Chatham County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
Freedom Parkway Extension
Dear Mr. Smith:
You have our approval for the impacts listed below for the purpose described in your
application dated June 3; 2015 and received by the Division of Water Resources (Division) on
June 4, 2015. 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 39 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 are met. No other impacts are approved, including
incidental impacts. [15A NCAC 02B .0506(b)(c)]
Type of Impact Amount Approved Amount Approved
(units) (units)
Permanent Temporary
Wetland I 0 (acres) 0.003 (acres)

Freedom Park Extension
DWR# 15 -0562
401APPROVAL
Page 2 of 4
Impact #3
Stream 124 (linear feet) 0 (linear feet)
Impact #1
Stream 25 (linear feet) 0 (linear feet)
Impact #2
Stream 0 (linear feet) 19 (linear feet)
Impact #3
2. Stormwater Management Plan (SMP) Approval by the Division for High Density Proiects
The Division approves the SMP consisting of three wells and a bioretention cell and all other
associated stormwater conveyances, inlet and outlet structures, and the grading and
drainage patterns depicted on plan sheets signed and sealed on February 24, 2015, which
are incorporated by reference and are enforceable by the Division. The following conditions
also apply [15A NCAC 02H .0506(b)(5)]:
o The footprint of all stormwater management devices as well as an additional 10 -foot
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 all such rights -of -way, common areas and easement areas shall be
in accordance with the approved plans. [15A NCAC 02H .0506(b)(5)]
o The SMP 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)]
v Maintenance activities for the biioretention cell and tree wells shall be performed in
accordance with O &M agreements. The 0 &M agreements 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

Freedom Park Extension
DWR# 15 -0562
401APPROVAL
Page 3 of 4
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. 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 - 215.51
This Certification 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 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:

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
Freedom Park Extension
DWR# 15 -0562
401APPROVAL
Page 4 of 4
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.
Please contact Cherri Smith at 919 - 791 -4251 or cherri.smith @ncdenr.gov if you have any
questions or concerns.
Sincerely,
Danny Smith
Supervisor, Water Quality Regional Operations Section
Enclosure: GC 3890
cc: U.S. Army Corps of Engineers; Raleigh Regulatory Field Office; 3331 Heritage Trade
Drive, Ste. 105; Wake Forest, NC 27597
Bob Zarzecki; Soil & Environmental Consultants, PA; 8412 Falls of Neuse Rd., Ste.
104; Raleigh, NC 27615
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