20161001 Ver 1_Approval Letter_20170306

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Baker Residential of the Carolinas
Attn: Will Yadusky
111 James Jackson Ave., Suite 211
Cary, NC 27513
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL
CONDITIONS
Weddington Subdivision
Dear Mr. Yadusky:
You have our approval for the impacts listed below for the purpose described in your
application dated October 18, 2016, received by the Division of Water Resources (Division) on
October 18, 2016, with subsequent information on January 23, 2017. 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 (s) or
general permit 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 02H .0506(c)]
Type of Impact
Amount Approved
Amount Approved
(units)
(units)
Permanent
Temporary
STREAM
S1
120 (linear feet) W
0 (linear feet)__ ..._._
S2
28 (linear feet)
0 (linear feet)
Total
148 (linear feet)
0 (linear feet)
State of North (rarolitra I E'invironmentalQualit�y I Water Resources
1617 Mail Service (.Center I Raleigh, North Carolina 27691)-1617
919 807 6300

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Page 2 of
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(Units)
Temporary
404%401 WETLAND5..ww..ww.__...
W5____
0.048 (acres)
0.005 (acres)
W6
0,017 (acres)
0 (acres)
0 (acres)
0.004 (acres)
W8._,,,_.v,.....w..w�_...�wwwwww.ww.w�w�____
0.029 (acres)
0 (acres)
W9._._.__ ._
0 (acres)
0.002 (acres) _
rrWTotal
0»093 (acres)
0.011 (acres)
ISOLATED WETLANDS
W1
0.010 (acres)
0 (acres)
W20
(acres)
0.003 (acres)
_,.w.w..w.W...._________...
0.130 (acres)
0 (acres)
......... ...... _.__._____....__...___
W4
0.-071 (acres)
0 (acres)
Total
0.211 (acres)
0.003 (acres)
Note: Jordan buffer rules are Implemented by the Town of Apex.
2. 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(s)/Permit/Authorization and is responsible for complying with all
conditions. [15A NCAC 02H .0507(d)(2)]
3. You are required to provide a digital copy of the approved stormwater management
plan (SMP), including plan details on full-sized plan sheets, with proof of Town of Apex's
approval. The approved SMP shall be submitted to Karen Higgins of the DWR 401 and
Buffer Permitting Branch ([e-mail]) before any impacts authorized in
this certification occur. After it is approved, the SMP may not be modified without prior
written authorization from Town of Apex. If modified, a digital copy of the approval
letter and modified SMP shall again be submitted to the DWR 401 & Buffer Permitting
Branch (at the email address above) prior to the commencement of the modifications.
[15A NCAC 02H .0506(b)(5)]
4. All wetlands, streams, surface waters, and riparian buffers located within 50 feet of the
construction area on the project site shall be clearly marked (e.g. orange fabric fencing) prior to
any land disturbing activities and must be maintained on the property until the project phase is
completed. [15A NCAC 02H .0506 (b)(2) and (c)(2) and 15A NCAC 02H .0507 (c)]

MITIM MI
DWR# 16-1001
Page 3 of 3
'MT7Me=a7vI*rI 71-71 677FMT,775-717.�Frll it, f75TTf T=VID e I I 1- •I
for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH)
within sixty (60) calendar days.
, )))) ion Mrin rnaT De I ff ITIM.1-1 oa
Clerk's Office at (9 19) 431-3000 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.
If sending via U.S Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
etc):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-628S
One (1) copy of the petition must also be served to Department of Environmental Quality:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review of the Division under section 401 of the Clean Water Act.
Please contact me at [e-mail] if you have any questions or concerns.
Sincerely,
wge o
r
aLl"kein S
MI
cc (w/out enclosures): Justin M. Milstein, Timmons Group (via justin.aii1stein timmons.com
Jim Joyce, KCL Gates LLP ([e-mail])
USACE Raleigh Regulatory Field Office
DWR 401 & Buffer Permitting Branch file