20041763 Ver 2_Approval Letter_20071015

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
October 15, 2007
DWQ Project # 04-1763, Ver. 2
Wake County
Dr. Robert E. Seymour, III
1173 Crabtree Crossing
Raleigh, NC 27560
Subject Property: Peakway Village Phase 3
Beaver Creek [030605, 16-41-10-(0.5), WS1V, NSW]
Approval of 401 Water Quality Certification with Additional Conditions
Dear Dr. Seymour:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 0.014 acres of 404/wetland, as described in your application dated August 31,
2007, and received by the Division of Water Quality (DWQ) on August 31, 2007, for the purpose of
constructing the commercial development. After reviewing your application, we have decided that the
impacts are covered by General Water Quality Certification Number(s) 3631(GC3631). The
Certification(s) allows you to use Nationwide Permit(s) NW39 when issued by the US Army Corps of
Engineers (USAGE). In addition, you should obtain or otherwise comply with any other required federal,
state or local permits before you go ahead with your project including (but not limited to) Erosion and
Sediment Control, and Non-discharge regulations. Also, this approval to proceed with your proposed
impacts or to conduct impacts to waters as depicted in your application shall expire upon
expiration of the 404 or CAMA Permit.
This approval is for the purpose and design that you described in your application. If you change your
project, you must notify us and you may be required to send us a new application. If the property is sold,
the new owner must be given a copy of this Certification and approval letter and is thereby responsible for
complying with all conditions. If total fills for this project (now or in the future) exceed one acre of
wetland. or 1501inear feet of stream, compensatory mitigation may be required as described in 1 SA
NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
T e of Im act Amount A roved Units Plan Location or Reference
404/Wetland 0.014 (acres) PCN
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] / Internet: h~~//h2o.enr state nc us/ncwetlands

An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper

Dr. Robert Seymour, III
Page 2 of 4
October 15, 2007
2. 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.
3. Erosion and sediment control practices must be in full compliance with all specifications governing
the proper design, installation and operation and maintenance of such Best Management Practices in
order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual. The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor-owned or leased borrow pits associated with the project.
c. Sufficient materials required for stabilization and/or repair of erosion control measures and
stormwater routing and treatment shall be on site at all times.
4. Sediment and Erosion Control Measures
Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum
extent practicable. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, they shall be removed and the natural grade restored within six months of the date that
the Division of Land Resources has released the project;
5. 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 15A
NCAC 2B .0233 and GC 3404;
6. Deed Notifications
Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands,
waters and protective buffers in order to assure compliance for future wetland, water and buffer
impact. These mechanisms shall be put in place at the time of recording of the property, or of
individual lots, whichever is appropriate. A sample deed notification can be downloaded from
the 401/Wetlands Unit web site at http://h2o.enr.state.nc.us/ncwetlands. The text of the sample
deed notification may be modified as appropriate to suit to this project.
7. Construction stormwater Permit NCGO10000
Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land
Resources (DLR) or a DLR delegated local erosion and sedimentation control program, an

Dr. Robert Seymour, III
Page 3 of 4
October 15, 2007
NPDES General stormwater permit (NCGO10000) administered by DWQ is automatically issued
to the project. This General Permit allows stormwater to be discharged during land disturbing
construction activities as stipulated by conditions in the permit. If your project is covered by this
permit [applicable to construction projects that disturb one (1) or more acres), full compliance
with permit conditions including the sedimentation control plan, self-monitoring, record keeping
and reporting requirements are required. A copy of this permit and monitoring report forms may
be found at http: //h2o. enr. state. nc. us/su/Forms Documents. htm. ;
8. Written Stormwater Management Plan (No Further Approval Needed)
The final, written stormwater management plans (including a signed and notarized Operation and
Maintenance Agreement) must be implemented and the stormwater management facilities shall
be constructed and operational before any permanent building is occupied at the subject site. The
structural stormwater practices as approved by this Office as well as drainage patterns must be
maintained in perpetuity. No changes to the structural stormwater practices shall be made without
written authorization from the Division of Water Quality.
However, the stormwater plan is approved with the provision that the depth of the
bioretention soil mixture be increased from 2.5 feet to 3.0 feet. This is the soil mixture
depth that is required in the DWQ Stormwater BMP Manual for bioretention cells that use
trees, shrubs and perennials. Also, please consider substituting another shrub for the
myrica cerifera (wax myrtle) that is currently specified in the planting plan. This shrub
grows quickly and can easily become unwieldy in a bioretention cell.
9. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
certificate of completion to the 401 Oversight/Express Review Permitting Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application and as authorized by this Certification, shall expire upon
expiration of the 404 or CAMA Permit.
If you do not accept any of the conditions of this Certification (associated with the approved wetland or
stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that
you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of
the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a
hearing.
Any disputes over determinations regarding this Authorization Certificate (associated with the approved
buffer impacts) shall be referred in writing to the Director for a decision. The Director's decision is
subject to review as provided in Articles 3 and 4 of G.S. 150B.

Dr. Robert Seymour, III
Page 4 of 4
October 15, 2007
This letter completes the review of the Divis~ on of Water Quality under Section 401 of the Clean Water
Act. If you have any questions, please telephone Cyndi Karoly or Ian McMillan at 919-,7~3-1786.
Sincerely, 1~/~
.,t%'~~
oleen H. Sullins, Director
CHSlijm
Enclosures: GC 3631
Certificate of Completion
cc: USACE Raleigh Regulatory Field Office
Lauren Witherspoon, DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Central Files
Todd Tugwell, Kimley-Horn and Associates, Inc., P.O. Box 33068, Raleigh, NC 27636-3068
Filename: 041763 Ver2PeakwayVillagePhase3(Wake)401

Certification of Com letion
DWQ Project No.:
Applicant:
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Project Name:
all work approved within the 401 Water Qual~ty och ification and Buffer Rules, an anY
e 401 Oversight/Express Permitting Unit,
Upon completion of licant is required to return this certifica
subsequent modifications, the app Ralei h NC, 27699-1650. This form toasend
1650 Mail Service Center, ro ect en ineer. It is not necessary
North Carolina D bis~e of Waatne~' Q eaapplicant's authorized agent, or the p j g
returned to DWQ Y pp
certificates from all of these.
County:
Date of Issuance of Certification or Authorization:
Certificate of Completion
Applicant's Certification
hereby state that, to the best of my abilities, due care and diligence was
I, construction such that the construction was obse a ad roved plans and spec fbcatiotns,
used m the observation of the Certificatton and Buffer Rules, th pp
compliance and intent of the 401 Water Quality
and other supporting materials.
Date: ---
Signature:
Ag'ent'S Certlf Cation due care and diligence was
hereby state that, to the best of my abilities,
e construction such that the construction was observed to be built within substantia
I' the a roved plans and specifications,
used m the observation of th Certification and Buffer Rules, Pp
compliance and intent of the 401 Water Quality
and other supporting materials.
Date:
Signature:
' t was designed by a Certified Professional
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If this projee l,e., Engineer,
as a duly registered Professional _--- ~ eriodically,
I, abilities, due care
chitect, Surveyor, etc.) in the State of North. Cam'°el herebv state that t the best of my rve p 'thin
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weekly, full time) the construction of the project, for the Permitte Y roved plans and
' the observation of the construction such that the cons uffer Rulessthee pp be built wi
and diligence was used m
substantial compliance and intent of the 401 Water Quality Certigication a
specifications, and other supporting materials.
Date
Registration No.
Signature: