20161272 Ver 1_Approval Letter_20170425

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Meritage Homes of the Carolina, Inc.
ATTR: Brian Ketchem
3005 Carrington Mill Blvd., Suite 100
Morrisville, NC 27560
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Brickyard (formerly Alston Activity Assemblage)
Dear Mr. Ketchem:
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SJAY /JNINJI�RNIAN
DWR # 16-1272
Wake County
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 21, 2016, with additional payment received January 11, 2017 and additional
information received on March 14, 2017, April 4, 2017 and April 24, 2017. These impacts are
covered by the attached Water Quality General Certification Number 4092 and the conditions
listed below. This certification is associated with the use of Nationwide Permit Number 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. 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 (units)
Permanent
Amount Approved (units)
Temporary
404/401 WETLANDS
9
(acres)
_0 (acres)._
2A ---0.02
-.0.04
(acres)
0 (acres)
5
0.02 (acres)
0 (acres)
6_
0.03 (acres)
0 (acres)
7
0.02 (acres)
0 (acres)
Total Wetlands
0.13 (acres)
0 (acres)
State ofNorth Carolina 1 Environmental Quality 1 Water Resources
1617 Mail Service Center j Raleigh, Noon Carolina 27699-W 7
9198076300

R W*1
DWR# 16-0924
Page 2 of 4
Type of Impact
Amount Approved (units)
Permanent
Amount Approved (units)
Temporary
STREAM—...
1A
82 (linear feet}
0 (linear feet)
113
261 (linear feet)
0 (linear feet)
ic
101 (linear feet)
0 (linear feet)
3A
65 (linear feet)
0 (linear feet)
3B
211 (linear feet)0
(linear feet)
4A
4B
4C
104 (linear feet)
261 (linear feet)
101 (linear feet)
0 (linear feet)
0 (linear feet)
0 (linear feet)
8
0 (linear feet)
41 (linear feet)
9
Total Stream
0 (linear feet)
344 (linear feet)
41 (linear feet)
82 (linear feet) ..... . .....
I Mitigation not required as long as Condition #5 is met.
2. 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
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)]:
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)]
4. You are required to obtain a stormwater management plan (SMP) approval letter from
the Town of Cary 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 Cary. [15A NCAC 02B.0233(5)]
5. All rip -rap shall be placed such that the original stream elevation and streambank
contours are restored and maintained. Placement of rip -rap or other approved
materials shall not result in de -stabilization of the stream bed or banks upstream or
Compensatory Mitigation
Required
River & Sub -basin Number
Stream
251 (linear feet)
Cape Fear 03030002
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)]
4. You are required to obtain a stormwater management plan (SMP) approval letter from
the Town of Cary 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 Cary. [15A NCAC 02B.0233(5)]
5. All rip -rap shall be placed such that the original stream elevation and streambank
contours are restored and maintained. Placement of rip -rap or other approved
materials shall not result in de -stabilization of the stream bed or banks upstream or

Smith Assemblage
DWR# 16-0924
Page 3 of 4
downstream of the area or in a manner that precludes aquatic life passage. [15A NCAC
02H .0506(b)(2)]
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 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:ZZwww.pcoah.com
I 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.
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, INC 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

Smith Assemblage
DWR# 16-0924
Page 4 of 4
This letter completes the review of the Division under section 401 of the Clean Water Act.
Please contact meat karen.himins ncdenr.gov if you have any questions or concerns.
Sincerely,
Karen Higgins, Supervisor
401 & Buffer Permitting Branch
cc (w/out enclosures): Jim Spangler, Spangler Environmental, Inc. (email)
USACE Raleigh Regulatory Field Office
DWR 401 & Buffer Permitting Branch file
Filename: 161272B6ckyard(Wake)__401—GC