20170322 Ver 1_Approval Letter_20170505

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L N V � P 01114 hi C N T A L Q Lf A L i I Y
May 5, 2017
First Capital Investments, LLC
ATTN: Larry Witek
110 Lions Gate Drive
Cary, NC 27518
ROY COOPFIR
MICHAH, S. iia (;,Ar
SJAY /]MMERN/lAN
AT
II
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION AND RIPARIAN BUFFER WITH
Ellington C
Dear Mr. Witek:
You have our approval for the impacts listed below for the purpose described in your
application dated March 14, 2017, received by the Division of Water Resources (Division) on
March 21, 2017. These impacts are covered by the attached Water Quality General
Certification Number 4086 / Neuse Riparian Buffer Rules and the conditions listed below. This
certification is associated with the use of Nationwide Permit Number 12 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. The following impacts are hereby approved provided that all of the other specific and
general conditions of the Certification and the Neuse Riparian Buffer Rules are met. No
other impacts are approved, including incidental impacts, [15A NCAC 02H .0506(c)]
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
STREAM
S1
0 (linear feet)
20 (linear feet)
Buffers
Zone 1
0 (square feet)
1,200 (square feet)
Zone 2
0 (square feet)
800 (square feet)
State ofNorth Carolina I Envirorattervual Quality I Alater Resources
1617 Mail Sentee Center I Raleigh, North Carolina 27699-1617
9198076300

Ellington Cove
DWR# 17-0322
Page 2 of 3
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)]
3. 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)]
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)]
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 1508 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.ncoah.comZ 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 8:00arn 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

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17,1011 "if
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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 karen.higgins�ncdenr. ov if you have any questions or concerns.
Sincerely,
Karen IIIYii Higgins, Supervisor
A i ,111 11 1 n -1fi�"19-A2d6i
cc (w/out enclosures): Jim Spangler, Spangler Environmental, Inc. (email)
USACE Raleigh Regulatory Field Office
DWR 401 & Buffer Permitting Branch file
Filename: 170322EIlingtonCove(Wake)-401—GC—NRB