20190633 Ver 1_Approval Letter_20190626

ROY COOPER
Governor
,MICHAEL S. REGAN
Secretary
'LINDA CULPEPPER
Director
June 26, 2019
Pulte Home Company, LLC
Attn: Chris Raughley
1225 Crescent Green Drive, Suite 250
Cary, NC 27518
NORTH CAROLINA
Envrronmentai Quality
DWR #1970633
Wake County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION -WITH ADDITIONAL CONDITIONS
Lumley Road Townhomes
Dear Mr. Raughley:
You have our approval for the impacts listed below for the purpose described in your received
by the Division of Water Resources (Division) on.May 10, 2019 and with payment received on
May -14,2019. These impacts are covered by the attached Water Quality General Certification
I 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 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 and the
following additional conditions:'` ....': ;
1. The following impacts are hereby approved provided that all of the other specific and
general conditions ofthe FCertification are met. No other impacts are approved,
including incidental impacts. [15A NCAC 02B .0506'(b)(c)]
Type of Impact
'
Amount Approved (units)
Permanent
Amount Approved (units) .
Temporary
Wetland
W1: Utility Crossing
0.004 (acres)
0 (acres)
North CarQliCia Di. partirient of Envii-oniTEC11VII Quality DNISiOtl Of 4'ltzifcr' Re Soili CCS
...!!! Raleigh Rc:giC mjl Office 3800 Barrett Driw I Rideigh; North C'arotirm 27009
➢tea nt ai F Ew u im a s vs€: 919.791.1.200

Lumley Road Townhomes
- DWR #19-0633
401 AND BUFFER APPROVAL
Page 2 of 4
2. Stormwater Management Plan_ (SMP) Approval from Local Community Required
The stormwater management plan (SMP) must be approved by the City of Durham an -d
meet the requirements of this Certification. The SMP may not be modified :without prior
written authorization from the City of Durham. [15A NCAC 02H .0506(b)(3)]
3. The permittee shall report to the Raleigh Regional Office any noncompliance.with this
certification, any violation of stream or wetland standards [15A:NCAC 0213.0200]' including
but, not limited to sediment impacts, and any violation of state regulated ripar,iaH' buffer
rules [15A NCAC 0213.0200]. Information shall be provided orally Within 24,1h6urs (6r;the
next business day if a weekend or holiday) from the time the applicant became aWare of the
circumstances. A written submission shall also be provided withinl5 business,days:of.the
timeAhe applicant becomes aware of the circumstances. The written.subm ssion, shall
contain a description of the noncompliance, and its cause's;,the period of noncompliance,
including exact dates and times, if the noncompliance has not been corrected;. the;
anticipated time compliance is expected to continue; and steps;ta'ken or plarined.to reduce,
eliminate, and prevent reoccurrence of the noncompliance. The Division may ,w,a'ivethe
written submission requirement on a case-by-case basis.
4. Protective Fencing,-
The
encing,The outside buffer; .wetland or water boundary and along the construction corridor within
these boundaries approved. under this a.uthosctzation 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 .e'nsure
compliance with 15 NCAC 02H.0500. [15A NCAC 02H .0506 (b)(2) and (c)(2) and(15AI 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)] :
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 150B by filing -a written
petition for an administrative hearing to the Office of Administrative Hearings (hereby known
as OAH) within sixty (60), calendar days.

Lumley Road Townhomes
DWR #19-0633
401 AND BUFFER APPROVAL
Page 3 of 4
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. 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) S
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. 2760976285
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

Lumley Road Townhomes
DWR #19-0633
401 AND BUFFER 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 or [e-mail] if you have any
questions or concerns.
Sincerely,
Karen Higgins 41
Supervisor, 401 & Buffer ermitting Branch
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
Deborah Shirley via e-mail at [e-mail]