20160678 Ver 1_Denial_20160929

Water Resources
ENVIRONMENTAL QUALITY
September 29, 2016
� I * 11 1111 . , •
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JS Development Company
Attn: Jeremy Spivey
4441 Six Forks Rd., Ste. 106-117
Raleigh, NC 27609
Subject: DENIAL OF 401 Water Quality Certification
Green Level Estates
Dear Mr. Spivey:
PAT MCCRORY
Governor
Secre[ary
S. JAY ZIMMERMAN
Director
DWR # 16-0678
Wake County
On July 7, 2016, the Division of Water Resources (Division) received your application dated July
7, 2016 requesting a 401 Water Quality Certification from the Division for the subject project
with additional information received on August 5, 2016 and September 9, 2016. Pursuant to 15A
NCAC 02H .0506, a certification shall be issued when the Director determines that water quality
standards are met. The project has not met the following requirements:
15A NCAC 021-1.0506(c)(1)
"has no practical alternative as described in Paragraph (f) of this Rule"
The applicant has not proven that this project is not viable with the loss of the lots
proposed for Impact Area #4.
15A NCAC 02H .0506(c)(2)
"will minimize adverse impacts to the wetland based on consideration of existing topography,
vegetation, fish and wildlife resources, and hydrological conditions under the criteria outlined in
Paragraph (g) of this Rule; or impacts less than one acre of wetland within 150 feet (including less
than 1/3 acre of wetland within 50 feet), of the mean high water line or normal water level of any
perennial or intermittent water body as shown by the most recently published version of the
United State Geological Survey 1: 24,000 (7.5 minute) scale topographical map or other site
specific data;
The Division is willing to permit a total of 0.021 acre of permanent wetland impact
(Impact Areas # 1, 2, and 3) for lot fill and road construction as well as 0.021 acre of
temporary wetland impact (Impact Area #5) for a stormwater easement. Avoidance of
Division of water Resources, Raleigh Regional Office, tuatcr Quality Operations Section http://porta I.ncdenI-.org/web/wq/aps
1628 Mail Service Center, Raleigh, NC 27699-1628 Phone: [phone]
Location: 3800 Barrett Drive, Raleigh, NC 27609 Fax: [phone]

Green Level Estates
DWR# 16-0678
401 DENIAL
Page 2of3
the additional 0.203 acre of permanent wetland impact for lot fill within the larger
wetland system demonstrates an attempt to minimize wetland impacts.
15A NCAC 02H .0506(c)(3)
"does not result in the degradation of groundwaters or surface waters"
The wetland system proposed for Impact Area #4 is a headwater wetland that serves to protect
the downstream water quality of a tributary to Jordan Lake.
In accordance with 15A NCAC 02H .0507(e), your application for a 401 Water Quality Certification
is hereby denied.
This decision can be contested as provided in Articles 3 and 4 of General Statute 1506 by filing a
written petition for an administrative hearing to the Office of Administrative Hearings (hereby
known as OAH) within sixty (60) calendar days.
A petition form may be obtained from the OAH at http://www.ncoali.corr�/ or by calling the OAH
Clerk's Office at [phone] for information. 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 [phone], 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 via US Postal Service: If sending via delivery service (UPS, FedEx, etc):
Office of Administrative Hearings Office of Administrative Hearings
6714 Mail Service Center 1711 New Hope Church Road
Raleigh, NC 27699-6714 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
This completes the review of the Division under section 401 of the Clean Water Act. Please be
aware that you have no authorization under Section 401 of the Clean Water Act for this activity
and any work done within waters of the state would be a violation of North Carolina General

Green Level Estates
DWR# 16-0678
401 DENIAL
Page 3 of 3
Statutes and Administrative Code. Contact Karen Higgins at 919-807-6360 or
karen .hiEgins a cd�nr co_v if you have any questions or concerns.
Sincerely,
S. Jay ZAnerman
Director, Division of Water Resources
cc: Justin Milstein; Timmons Group; 5410 Trinity Rd., Ste. 102; Raleigh, NC 27607
U.S. Army Corps of Engineers; Raleigh Regulatory Field Office; 3331 Heritage Trade Dr.,
Ste. 105; Wake Forest, NC 27597
Todd Bowers; EPA, Sam Nunn Federal Center; 61 Forsyth St. SW, Atlanta, GA 30303
DWR RRO 401 file
DWR 401 & Buffer Permitting Branch file