20141276 Ver 1 _NCDEQ Transfer Letter _20180829

Wo WithersRavenel
August 6, 2018
NCDEQ
Raleigh Regional Office
Attn: Karen Higgins
512 N Salisbury St.
9a' Floor
Raleigh, NC 27609
Re: DWR # 14-1276 v3 Transfer of The Estates at Yates Pond, Offsite Gravity Sewer Cary/Wake, NC,
On behalf of the permittee for The Estates at Yates Pond, Northwest Community Church, we are notifying
you that the property is being sold to a new owner. The new owner will be Pulte Home Company, LLC,
located at 1225 Crescent Green, Suite 250 Cary, NC 27518SAW-2013-01739. As is required by condition
number 29 of the Nationwide Permit 29, we have included the following statement:
"When the structures or work authorized by this nationwide permit are still in existence at the time the
property is transferred, the terms and conditions of this nationwide permit, including any special
conditions will continue to be binding on the new owner(s) of the property. To validate the transfer of
this nationwide permit and the associated liabilities associated with compliance with its terms and
conditions, have the transferee sign and date below."
Chris Raughley for Pulte Ho ompany, LLC
Transferee/New Owner
Sincerely,
�61 � � .'-L
Ed Tang, PE
WithersRavenel, Inc.
Cc: Tasha Alexander, USACE & Sheri Montalvo, NCDEQ
Date
115 MacKenan Drive I Cary, NC 27511
t: 919.469.3340 1 f: 919.467.6008 1 www.withersravenel.com I License No. C-0832
Asheville I Cary I Greensboro I Pittsboro I Raleigh I Wilmington

ROY COOPER
Governor
a
MICHAEL S. REGAN
Secretary
Water Resources LINDA CULPEPPER
ENVIRONMENTAL QUALITY Interim Director
March 22, 2018
DWR,#14-1276 v3
Wake County
Northwest Community Church
Attn: David Amann
10109 Morrisville Parkway
Apex, NC 27523'
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
The Estates at Yates Pond ,
Dear Mr. Amann:
You have our approval for the impacts listed below for the purpose described in your application
dated February 1% 2018 and received by the Division of Water Resources (Division-) on February
13, 2018. These impacts are-covere'd':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 federal, state or local hermits 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 401 Water Quality Certification for
DWR #14-1276 v3 replaces the 401 Water Quality Certification for DWR #14-1276 v1 dated
January 12, 2015.
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 are met.'! No other impacts are approved, including incidental
impacts. [15A NCAC 0213.0506(b)(01'
i'
I i
Division of Water Resources, Raleigh Regional O#'tice; Quality Operations Section http://pcntal.ncdenr.org/web/wq/`aps
1628 Mail Service Center, Raleigh, NC 27699-1628 'i Phone: [phone]
Location: 3800 Barrett Drive, Raleigh, NC 27600, • Fax: [phone]
i

Type of Impact
Wetland
W1 -Fill (Site 1A
W2 -Drainage Easement,(Site 113
W3 -Road Crossing (Site 1C)'
W4=Road'Crossing (Site 2)
The Estates at Yates Pond
DWR #14-1276 v3
401 APPROVAL
Page 2 of 4
Amount Amount
Approved (units) Approved (units)
Permanent Temporary
0.066 (acres) 0 (acres)
0.026 (acres), 0 (acres)
0.028 (acres) 0 (acres)
0.039 (acres) 0 (acres)
2. Stormwater Management Pian SMP Approval from Local Community ReQuire
The stormwater management plan (SMP) must be approved by the Town of Cary and meet
the requirements of this Certification. The SMP may not be modified without prior written
authorization from the Town of Cary. [15A NCAC 02;H .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,ior rules occur. [15A NCAC 02H .0501
an.d,,,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. 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 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

The Estates at Yates -Pond
DWR #14-1276 v3
401 APPROVAL
Page 3 of 4
This, Certification 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.ncoa'h.com/ or by calling the OAH Clerk's Office at (919) 43;1-3000 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 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 fo'rth,e'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 ofAdministrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285-
One
7609-6285
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
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

The Estates at Yates Pond
DWR #14-1276 v3
401 APPROVAL
Page 4 of 4
This letter completes the review of the Division under section 401 of the Clean Water Act. Please
contact Stephanie Goss at 919-791-4256 orStephanie. ass ncdeiir._yov if you have any
questions or concerns.
Sin ere[ ,
Danny S ith
Supervisor, Water Quality Regional Operations Section
Enclosure: GC 4139
cc: U.S. Army Corps of Engineers; Raleigh Regulatory Field Office; 3331 Heritage Trade Drive,
Ste. 105; Wake Forest, NC 27597
DWR RRO 401 file
DWR 401 & Buffer Permitting Unit via Laserfiche
Debbie Shirley via e-mail at [e-mail]