20160999 Ver 1_Approval Letter_20161114

I.
PAT MCCRORY
Governor
A
DONALD R. VAN DER VAART
'" Secretary
Water Resources S. JAY ZIMMERMAN
ENVIRONMENTAL QUALITY
Director
November 14, 2016
DWR#16-0999
Wake County
Standard Pacific Homes - Raleigh
Attn:Jason Rivenbark
1100 Perimeter Park Dr., Ste. 112
Morrisville, NC 27560
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
Ashbourne Estates
Dear Mr. Rivenbark:
You have our approval for the impacts listed below for the purpose described in your
application dated October 13, 2016 and received by the Division of Water Resources (Division)
on October 17, 2016. 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:
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 0 (acres) 0.015 (acres)
Impact E
Stream 100 (linear feet) 0 (linear feet)
Impact A
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]

Ashbourne Estates
DWR#16-0999
401 APPROVAL
Page 2 of 4
Stream 5 (linear feet) 0 (linear feet)
Impact B
Stream 0 (linear feet) 68 (linear feet)
Impact C
Stream 0 (linear feet) 24 (linear feet)
Impact D
2. Stormwater Management Plan (SMP) Approval from Local Community 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 Town of Cary'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 Town of Cary. 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)]
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. 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)]

Ashbourne Estates
DWR#16-0999
401 APPROVAL
Page 3 of 4
6. This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]
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 [phone] 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 [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 by First Class Mail If sending via delivery service
via the US Postal Service: _ (e.g. UPS, FedEx):
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
Please send one (1) copy of the petition to DWR:
If sending by First Class Mail If sending via delivery service
via the US Postal Service: (e.g. UPS, FedEx):
Karen Higgins Karen Higgins
NC DENR-DWR—401 & Buffer NC DENR-DWR—401 & Buffer
Permitting Unit Permitting Unit
1617 Mail Service Center 512 N. Salisbury Street
Raleigh, NC 27699-1617 Raleigh, NC 27604

Ashbourne Estates
DWR#16-0999
401 APPROVAL_
Page 4 of 4
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 [e-mail] if you have any
questions or concerns.
Sincerely,
7) a/) /)yDanny 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
Martin Richmond; WithersRavenel; 115 MacKenan Dr.; Cary, NC 27511
Patra Payseur; 6317 Lakeland Dr.; Raleigh, NC 27612-6520
DWR RRO 401 file
DWR 401 & Buffer Permitting Unit