20120077 Ver 1_Approval Letter_20120810

NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, PE
Governor Director
August 10, 2012
Dee Freeman
Secretary
DWQ Project # 12 -0077 REVISED
Durham County
Pulte Homes Corporation
Attn: Chris Raughley
1225 Crescent Green Drive, Suite 250
Cary, NC 27518
Subject Property: Del Webb — Active Adult Community
UT to Little Brier Creek [030402, 27- 23 -4 -1, C; NSW]
Lick Creek [030402, 27- 11- (0.5), WS -IV; NSW]
Approval of 401 Water Quality Certification and Authorization Certificate per the Neuse River Buffer
Protection Rules (15A NCAC 2B .0233) and General Permit for Impacts to Isolated and Other Non -404
Jurisdictional Wetlands and Waters Permit No. IWGP100000 with Additional Conditions
Dear Mr. Raughley:
You have our approval, in accordance with the attached conditions and those listed below, to fill or otherwise
impact 0.1143 acre of 404 wetland (permanent impacts), 0.273 acre of 404 wetland (temporary impact), 0.387
acre of isolated wetlands (permanent impact), 240 linear feet of perennial stream channel (permanent impacts),
262 linear feet of intermittent stream channel (permanent impacts), 380 linear feet of perennial stream channel
(temporary impacts), 57 linear feet of intermittent stream channel (temporary impacts), 45,889 square feet of Zone
1 Neuse River basin protected riparian buffer (permanent impacts), 33,462 square feet of Zone 1 Neuse River
basin protected riparian buffer (temporary impacts), 28,865 square feet of Zone 2 Neuse River basin protected
riparian buffer (permanent impacts), and 105,439 square feet of Zone 2 Neuse basin protected riparian buffer
(temporary impacts) construct an active adult residential community, as described in your application received by
the Division of Water Quality (DWQ) on January 27, 2012 and additional information received by DWQ on May
31, 2012. After reviewing your application, we have decided that the impacts are covered by General Water
Quality Certification Number(s) 3884 (GC3884), GC3886, GC3890 and the Non - 404 /Isolated Wetland impacts
are covered by the State General Permit (IWGP100000). The Certification(s) allows you to use Nationwide
Permit(s) NW 12, 14, and 29 when issued by the US Army Corps of Engineers (USACE) and the IWGP100000
(issued by DWQ). This letter shall also act as your approved Authorization Certificate for impacts to the
protected riparian buffers per 15A NCAC 2B .0233. This Certification replaces the Certification issued on
June 27, 2012. 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, riparian buffers and isolated wetlands as depicted in your application shall expire upon
expiration of the 404 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
Noor hCarolina
Naturally
North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone [phone] Customer Service
Internet. www ncwaterquality org 1628 Mad Service Center Raleigh, NC 27699 -1628 FAX [phone]
An Equal Opportunity /Affirmative Action Employer — 50% Recycled /10% Post Consumer Paper

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conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of
stream, compensatory mitigation may be required as described in 15A 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 and/or temporary impacts:
Type of Impact
Amount Approved Units
Plan Location or Reference
404 Wetland
0.1143 acre ermanent impact
PCN page 5 & 6 of 14 — updated 5 -29 -12
404 Wetland
0.273 acre temporary impact
PCN page 5 & 6 of 14 — updated 5 -29 -12
Isolated/Non404 Wetland
0.387 acre ermanent impact
PCN page 5 & 6 of 14 — updated 5 -29 -12
Stream - perennial
240 linear feet permanent impact
PCN page 6 & 7 of 14 — updated 5 -29 -12
Stream — intermittent
262 linear feet permanent impact
PCN page,6 & 7 of 14 — updated 5 -29 -12
Stream - perennial
380 linear feet temporary impact
PCN page 6 & 7 of 14 — updated 5 -29 -12
Stream — intermittent
57 linear feet temporary impact
PCN page 6 & 7 of 14 — updated 5 -29 -12
Buffers Zone 1
45,889 (square ft. permanent impact
PCN page 8 of 14 — updated 5 -29 -12
Buffers Zone 2
28,865 (square ft. ermanent impact
PCN page 8 of 14 — updated 5 -29 -12
Buffers Zone 1
33,462 (square ft. temporary impact
PCN page 8 of 14 — updated 5 -29 -12
Buffers Zone 2
105,439 (square ft.) temporary im act
PCN page 8 of 14 — updated 5 -29 -12
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.

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4. Sediment and Erosion Control Measures
Sediment and erosion control measures shall not be placed in wetlands or waters without prior approval
from the Division. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, design and placement of temporary erosion control measures shall not be conducted in a
manner that may result in dis- equilibrium of wetlands or stream beds or banks, adjacent to or upstream
and down stream of the above structures. All sediment and erosion control devices shall be removed and
the natural grade restored within two (2) months of the date that the Division of Land Resources or locally
delegated program has released the project;
5. Stormwater Management Plan (SMP) Approval From the City of Durham Required
You are required to provide one copy of the approved SMP, including plan details on full -sized plan
sheets, with proof of the City of Durham's approval. The approved SMP must be submitted to the DWQ
Webscape Unit (1650 Mail Service Center, Raleigh, NC 27699 -1650) before any impacts authorized in
this certification occur. The following requirements also apply:
• The approved SMP must be constructed and operational before any permanent building or other
structure is occupied at the site.
• The approved SMP as well as drainage patterns must be maintained in perpetuity.
• The SMP may not be modified without prior written authorization from the City of Durham. A copy of
the approval letter and the modified SMP must be submitted to the DWQ Webscape Unit prior to the
commencement of the modifications.
6. Diffuse Flow Plan Approval Required
Per the requirements of the Neuse Riparian Buffer Rule, all stormwater drainage from this site must be
discharged through either a correctly designed level spreader or a BMP that provides appropriate control
of sediment and nutrients (a minimum of 30% removal of TN and TP). If the stormwater management
plan approved by the City of Durham per Item (5) above meets the nutrient control requirement, then no
further action is required. Otherwise, please provide a level spreader — vegetated filters strip (LS -VFS) at
each stormwater discharge point for review by the DWQ. The LS -VFS must meet the design
requirements in Chapter 8 of the North Carolina Stormwater BMP Manual, available at:
http://portal.ncdenr.org/web/wq/ws/su/bmp-manual. Please provide one Level Spreader Supplement
Form for each proposed level spreader, available at: http://portal.ncdenr.org/web/wq/ws/su/bmp-manual.
Please include the Required Items checklist and all items listed therein. The DWQ WeBSCaPe Unit must
approve the diffuse flow plan before any new stormwater conveyances are discharged through the
protected Neuse Riparian Buffer.
7. Compensatory Mitigation Using Mitigation Banks
We understand that you have agreed to provide stream and riparian buffer mitigation for the proposed
residential subdivision, and associated 502 linear feet of permanent stream and 77,559 square feet of Neuse
River riparian buffer impacts, by payment into a mitigation bank. This method of mitigation has been
determined by DWQ to be suitable to meet the mitigation requirement. A total of 502 linear feet of stream
and 193,728 square feet of riparian buffer mitigation are required by DWQ. This will be mitigated through
payment to a combination of the EBX Neuse Riparian Buffer Umbrella Mitigation Bank/Rudolph Site, the
EBX Forrest Creek Stream and Riparian Buffer Mitigation Bank, and the Wildlands Neuse River Riparian
Buffer & Nutrient Umbrella Mitigation Bank — Little River Farm Mitigation Site to meet this mitigation
requirement. Until EBX -EM, LLC (EBX), and Wildlands Southeast Holdings I, LLC ( Wildlands) receive

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and clear your checks, impacts specified in this Authorization Certificate shall not occur. EBX and/or
Wildlands should be contacted if you have any questions concerning payment into these banks. You have
60 days from the date of this approval to make this payment. For accounting purposes, this
Authorization Certificate authorizes payment into EBX and Wildlands to meet the following
compensatory mitigation requirement:
Type of Impact
Compensatory Mitigation Required
River and Sub -basin Number
Stream
502 (linear feet )
Neuse /03020201
Buffer
193,728 (square feet)
Neuse /03020201
8. 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 2H, Section
.0500.
9. Notification of Project Commencement
Please notify DWQ (Lauren Witherspoon at (919) 791 -4251 or [e-mail]) of the
proposed start date of the project.
10. 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 Wetlands, Buffers, Stormwater, Compliance and Permitting Unit (WeBSCaPe), 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 and riparian buffers as depicted in your application and as authorized by this Certification, shall expire
upon expiration of the 404 or unless otherwise rescinded by the Director of the Division of Water Quality.
If you wish to contest any statement in the attached Certification you must file a petition for an administrative
hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the
petition with the Office of Administrative Hearings within sixty (60) days of receipt of this notice. A petition is
considered filed when it is received in the Office of Administrative Hearings during normal office hours. The
Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00am and
5:00pm, except for official state holidays. The original and one (1) copy of the petition must be filed with the
Office of Administrative Hearings.
The petition may be faxed- provided the original and one copy of the document is received by the Office of
Administrative Hearings within five (5) business days following the faxed transmission.
The mailing address for the Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699 -6714

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Telephone: (919)- 431 -3000, Facsimile: (919) -431 -3100
A copy of the petition must also be served on DENR as follows:
Ms. Mary Penny Thompson, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699 -1601
Unless such a petition is filed, this Certification shall be final and binding.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act, the
Neuse River basin riparian buffer protection rule as described within 15A NCAC 2B .0233, and the Isolated and
other Non -404 Jurisdictional Wetlands and Waters Rules (IWGP 100000). If you have any questions, please
telephone Lauren Witherspoon, at 919 -791 -4251.
Sincere ,
1
Ofi /) V �
y Smith
Surface Water tection Section Supervisor
Raleigh Region ffice
Enclosures: GC3884
GC3886
GC3890
Certificate of Completion
cc: USACE Raleigh Regulatory Field Office
DWQ Central Office — WeBSCaPe — 1650 Mail Service Center
RRO File Copy
Debbie Edwards — S &EC, 11010 Raven Ridge Road, Raleigh, NC 27614
Filename: 12- 0077_Del Webb Active Adult Community_401_NBR Approval