20161264 Ver 2_Approval Letter_20180703

July 3, 2018
DWR #16-1264 v2
Wake County
Raleigh Beach WEH, LP
2900 Linden Lane, Suite 300
Silver Spring, MD 2091071265
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
AUTHORIZATION CERTIFICATE PER THE NEUSE RIVER BASIN RIPARIAN BUFFER
PROTECTION RULES (15A NCAC 02B.0233) WITH ADDITIONAL CONDITIONS
Raleigh Beach Road Apartments
To Whom It May Concern:
You have our approval for the impacts listed below for the purpose described in your
application that wasreceived by the Division of Water Resources (Division) on May 23, 2018
With payment received on May 24, 2018: These impacts are„covered; b.y the attached Water
Quality General Certification Number 4135 and the conditions listed below. This certification is
associated with the use of Nationwide Permit Number 14 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. Thi's
401 Water Quality Certification and Authorization Certificate for DWR #16-1264 v2 replaces
the 401 Water Quality Certification and Buffer Authorization Certificate for #16-1264 v1
dated January 18, 2017.
This approval requires you to follow 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 are
approved, including incidental impacts. [15A NCAC 02B .0506(b)(c) and 15A NCAC 02B
.0233(8)]
Division of Water Resources, Raleigh Regional Office, Water Quality Operations Section , http://portal.ncdenr.org../web/wq,/aps
1628 Mail Service Center, Raleigh, NC 27699-1628 Phone: [phone]
Location: 3800 Barrett Drive, Raleigh, NC 27609 Fax: [phone]

Raleigh Beach Rd. Apts.
DWR #16-1264 v2
401 AND BUFFER APPROVAL
Page 2 of 4
Type of Impact
Amount Approved
(units)
Permanent .
Amount.Approved
(units)
Temporary
Stream
S1 -Culvert Extension
32 (linear feet)
.0 (linear feet)
Buffers — Zone 1
131=Utility
981 (square feet)
0 (square feet)
B2 -Bypass Channel
450 (square feet)
0 (square"feet)
Buffers — Zone 2
131 -Utility
613 (square feet)
0 (square feet)
B2 -Bypass Channel
300 (square feet)
0 (square'feet)
2. Stormwater Management Plan (SMP) Approval from Local Community Required
The stormwater management plan (SMP) must be approved'by the City of Raleigh and meet
the requirements of this Certification.' The SMP may not be modified without prior written
authorization from the City of Raleigh. [15A NCAC 02H .0506(b)(3)]
3. No Waste, Spoil, Solids, or Fill'of Any -Kind
Novaste, spoil, solids, or fill of any kind shall, occur in wetlands, waters, or riparian areas
beyond the footprint of the impacts depicted in1he Pre -Construction Notification. All
construction activities, including the design,'i'nstallation, operation, and maintenance of
sediment and erosion control Best Management Practices, shall be performed so that no
violations of state water quality standards, stat'u'tes, 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 boundarie's 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
Buffer Authorization. If you change your project, you mdst notify the Division and you may
be required to submit a new., application packagewith 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 .0507(d)(2)]
6. This approval and its conditions are final and binding unless contested. [G.S. 143-215.51

Raleigh Beach Rd. Apts.
DWR #16-1264 v2
401 AND BUFFER APPROVAL
Page 3 of 4
This Certification and Buffer Authorization can be contested as provided in Articles 3 and 4 of
General Statute 150B by filing a written petition for an administrative hearing to the Office of
Administrative Hearings (hereby known as OAH). A petition form may be obtained from the
OAH at http://www,.ntoah.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'fil.ed with the
OAH. 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 k0a''m 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 by. First Class Mail
via the US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
If sending via delivery service
(e -.'g. UPS, FedEx):
Office of Administrative Hearings
1711 New Hope'Church Road
Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to DEQ:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
Please send one (1) copy of the petition to DWR:
If sending by First Class Mail
via the US Postal Service:
Karen Higgins
.NC DWR-401 & Buffer Permitting
Branch -
1617 Mail Service Center
Raleigh, NC 27699-1617
If sending via delivery service
(e.g. UPS, FedEx):
Karen Higgins
NC DWR-401 & Buffer Permitting
Branch
512 N. Salisbury Street
Raleigh, NC 27604

Raleigh Beach Rd. Apts.
DWR #16-1264 v2
401 AND BUFFER APPROVAL
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.
SinEe-reIy,
21l
Danny Sm th
Supervisor, Water Quality Regional Operations Section
Enclosure: GC 4135
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
Jeff Harbour via e-mail at [e-mail]
Eric Rifkin via e-mail at [e-mail]