20180638 Ver 1_Approval Letter_20180619

Water Resources
ENVIRONMENTAL QUALITY
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Interim Director
0
June 19, 2018
Stella Puckett Capps Estate
3620 Wind Sock Court
Eastover, NC 28312
DWR #18-0638
Johnston County
'Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL'COND.ITIONS
AUTHORIZATION CERTIFICATE PER THE NEUSE RIVER BASIN RIPARIAN BUFFER
PROTECTION RULES (15A NCAC 02B.0233) WITH ADDITIONAL CONDITIONS
Capps Tract Town homes,
To Whom It May Concern:
You have our approval for the impacts listed below for the purpose described in your
application received by the Division of Water Resources (Division) on May 9, 2018 with
payment_ received o -n May 10, 2018: These impacts are covered by the attached. Water Quality
General Certification Number 4139; 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�federa l,,state or Local -
permits before proceeding with your,project, including those required by (but not limited to)
Sediment and Erosion Control, N'on'Discharge, and Water Supply Watershed regulations.
This approval requires you to folio.. 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 and Buffer Rules are met. No other impacts ar,e
approved, including incide'ntal',jimpacts. [15A.-NCAC 02B .0506(b)(c) and 15A NCAC 02B
.0233(8)]
Division of Water Resources, Raleigh Regional 'Office, Water Quality Operations Seedon http://I)oital.nedenr.org/web/wq/aps
1628 Mail Service Center; Raleigh, NC,27699-1628 Phone: [phone]
;Location: 3800 Barrett Drive, Raleigh, NC 27609 Fax: [phone]

Capps Tract Townhomes
DWR #18-0638
401 AND BUFFER APPROVAL
Page 2 of 4
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Wetland
W1 -Road Fill
0.17 (acres)
0 (acres)
W2 -Lot Fill
0.30 (acres)
0 (acres)
Stream
S1 -Temporary Road*
0 (linear feet)
25 (linear feet)
Buffers — Zone 1
131 -Temporary Road*
0 (square feet)
1,230 (square feet)
Buffers — Zone 2
132 -Temporary Road*
0 (square feet)
850 (square feet)
* The buffer impacts listed in the table as temporary roads must be restored within six months
of initial disturbance.
Stormwater Management Plan (SMP) Approval from Local Community Required
The stormwater management plan (SMP) must be approved by the Town of Clayton and
Johnston County and meet the requirements of this Certification. The SMP may not be
modified without prior written authorization from the Town of Clayton and Johnston
County. [15A NCAC 02H .0506(b)(3)]
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 and

Capps Tract Townhomes
DWR #18-0638
401 AND BUFFER APPROVAL
Page 3 of 4
Buffer Authorization. If you change your project, you must notify the Division and you may
be required to submit anew 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 .0'507(d)(2)]
6. This approval and its conditions are final and binding, unless contested. [G.S. 143-215.51
This Certification and Buffer Authorization can be contested as provided in Articles 3 and 4 of
General Statute 1506 by filing a written petition for an administrative hearing to the Office of
Administrative Hearings (hereb ''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 sixty (60) calendar days of receipt of this notice, a petition must be filed with the
OAH. A petition is Considered filed when the original and on'e•(1) copy along with any
applicable OAH filing fee is received inithe OAH during normal, office hours (Monday through
Friday between 8:00am and 5:00pm; excluding official state'liolidays).
The petition may be faxed,to the OA'4at [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
via the US Postal Service ;'' 1 .
Office of Administrative Hearings
6714 Mail Service Center �;I .
If sending via delivery service
(e.g. UPS, FedEx):
Office of Administrative Hearings
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, Gendr.'al Counsel
Department of Envi"ro'nmental Quality
1601 Mail Service Center
Raleigh, NC 276994501
JJ
Please send one (1) copy of the petitiiion to DWR:
If sending by First Class Mdil i If sending via delivery service
via the US Postal Service: + "" (e.g. UPS, FedEx):

Karen Higgins
NC DWR — 401 & Buffer Permitting
Branch
1617 Mail Service Center
Raleigh, NC 27699-1617
Capps Tract Townhomes
DWR #18-0638
401 AND BUFFER APPROVAL
Karen Higgins
NC DWR-401 & Buffer Permitting
Branch
512 N. Salisbury Street
Raleigh, NC 27604
Page 4 of 4
This letter completes the review of the Division under section 401 of the Clean Water Act and
the Neuse Riparian Buffer Rules as described in 15A NCAC 02B .0233. Please contact Stephanie
Goss at 919-791-4256 or [e-mail] if you have any questions or concerns.
r'
Sincerely,
E t
W
Danny Smi*
Supervisor, Water Quality Regional Operations Section
Enclosure: GC 4139
cc: U.S. Army Corps of Engineers; Raleigh Regulatory Field Office; 3331 Heritage Trade Dr.,
Ste. 105; Wake Forest, NC 27597
DWR RRO 401/Riparian Buffer file
DWR 401 & Buffer Permitting Unit via Laserfiche
Forsyth Investments Co, LLC, via e-mail at [e-mail]
Lyle Phillips via e-mail at [e-mail]