20160924 Ver 1_Approval Letter_20170425

IN
�Vutcr Resources
LNV I RONI'LN j A, L OU A UY
Lennar Carolinas, LLC
ATTN: Mitch Barron
9_AvLatJio_iL:K—_%.1
Morrisville, NC 27560
ROY COOPFR
N41(11AIA, S 1UGAN
SJAY /1NINURMAIN'
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
Smith Assemblage
Dear Mr. Barron:
You have our approval for the impacts listed below for the purpose described in your
application dated December 14, 2016, received by the Division of Water Resources (Division) on
December 22, 2016, with additional payment received January 11, 2017 and additional
information received on September 23, 2016 and March 2, 2017. These impacts are covered by
the attached Water Quality General Certification Numbers 4088 & 4092 and the conditions
listed below, This certification is associated with the use of Nationwide Permit Numbers 14 &
29 once 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. Phase 1 Impacts
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)j
Type of Impact
Amount Approved (units)
Permanent
Amount Approved (units)
Temporary
404/401 WETLANDS
_F0.019
W1
(acres) 0 (acres)
OPEN WATER IMPACTS
01
(acres) 0 ('acres)
Slate of Nora Carolina Environmental Quality I Water Resources
1617 Malt Sen ice Center � Raleigh, North Carolina 27699,1617
499 807 6300

Smith Assemblage
DWR# 16-0924
Page 2 of 4
Impacts2. Phases 2-4
You are required to provide two (2) paper copies of the final design plans for Phase 2-4
• request a modification401 Water Quality Certificationbefore M.
occur in Phases 2, 3 or . NCAC 1 .0506(c)]
Type of Impact
404/401 WETLANDS
Amount (units)
Permanent
Amount (units)
Temporary
W2
0.204 (acres)
0 (acres)
STREAM IMPACTS
S1
148 (linear feet)0
(linear feet)
S2 _...
_ _
100 (linear feet)
0 (linear feet)
S3_....
25 (linear feet)
0 (linear feet)
S4
5 (linear feet)
0 (linear feet)
S5_
5 (linear feet) v_.
0 (linear feet)
Total Stream Impacts
283 (linear feet)
0 (linear feet)
3. Mitigation must be provided for the proposed impacts as specified in the table below.
The Division has received an acceptance letter from the NC Division of Mitigation
Services (DMS) to meet this mitigation requirement. Until the DMS receives and clears
your payment, and proof of payment has been provided to this Office, no impacts for
Phases 2, 3 or 4 specified in this Authorization Certificate shall occur. For accounting
purposes, this Authorization Certificate authorizes payment to the DMS to meet the
following compensatory mitigation requirement [15A NCAC 02H .0506 (b)(6)];
4. 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 Certifications and is
responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)]
5. You are required to obtain a stormwater management plan (SMP) approval letter from
the Town of Apex before any impacts authorized in this certification occur. After it is
approved, the SMP may not be modified without prior written authorization from the
Town of Apex. [15A NCAC 02B.0233(5)]
Compensatory Mitigation
Required
River & Sub -basin Number
Stream
258 (linear feet)
Cape Fear 03030002
4. 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 Certifications and is
responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)]
5. You are required to obtain a stormwater management plan (SMP) approval letter from
the Town of Apex before any impacts authorized in this certification occur. After it is
approved, the SMP may not be modified without prior written authorization from the
Town of Apex. [15A NCAC 02B.0233(5)]

Smith Assemblage
DWR# 16-0924
Page 3 of 4
6. 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)]
This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]
This Certification can be contested as provided in General Statute 150B 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 maybe obtained from the OAH at http://www.ncoah.co�m orbycalling 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 Department of Environmental Quality:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601

DWR# 16-0924
Page 4 of 4
Sincerely,
VIM c IV b/8
Karen Higgins, Supervisor
401 & Buffer Permitting Branch
i7M—,ff T7. F I T I a I
USACE Raleigh Regulatory Field Office
DWR 401 & •Buffer Permitting Branch file
Filename: 160924SMithAsSemblage(Wake)_401_GC