20021169 Ver 5_Approval Letter_20110815

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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
August 15, 2011
Mr. Carl Blakeley
Highcroft Investors, LLC
100 Weston Estates Way
Cary, NC 27513
Subject Property: Highcroft Village Investors Outfall
Ut to Panther Creek [030605, 16-41-1-17-3, WSIV, NSW]
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Blakley:
DWQ Project # 02-1169, Ver. 5
Wake County
You have our approval, in accordance with the attached conditions and those listed below, to place fill within or
otherwise impact 0.068 acres of 404/wetland, 138 linear feet of perennial stream, and 9,876 square feet of Zone 1
Jordan Lake protected riparian buffers, and 8,529 square feet of Zone 2 Jordan Lake protected riparian buffers as
described within your application dated June 17, 2011, and received by the N.C. Division of Water Quality (DWQ)
on June 22, 2010, and additional information received on July 29, 2011, to construct the proposed residential
development at the site. After reviewing your application, we have decided that the 404/401 impacts are covered
by General Water Quality Certification Number(s) 3821 (GC3821). The Certification(s) allows you to use
Nationwide Permit(s) NW29 when issued b;• the US Army Corps of Engineers (USACE). Ln 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, i`Ton-discharge, and other regulations.
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 150 linear feet of
stream, compensatory mitigation may be required as described in 15A NCAC 214.0506 (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:
Conditions of Certification:
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:
Wetlands, Buffers, Stormwater, Compliance and Permitting Unit (WeBSCaPe)
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Phone: [phone] FAX [phone]
Internet: hitp://portal ncdenr.org/web/wq/ws
An Equal Opportunity 1 Affirmative. Action Employer
Highcroft Investors, LLC
Page 2 of 4
August 15, 2011
Type of Impact Amount Approved nits Plan Location or Reference
404/Wetlands 0.068 (acres) PCN Application page 5 of 12
Stream - perennial 138 (linear feet) PCN A lication page 5 of 12
Buffers Zone 1 9,876 (square ft.) More info received 7/29/11
Buffers Zone 2 8,529 (square ft.) More info received 7/29/11
Sediment and Erosion Control:
2. 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.
3. 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 404/401 Permit Application. 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;
4. Sediment and erasion control measures shall not be placed in weilauds 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. 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;
6. Stormwater Management Plan (SMP) Approval Required
No impacts associated with this development may be conducted until the DWQ has received
documentation of the Town of Cary's approval of the stormwater management plan for this project by
providing a set of stormwater plan details and calculations stamped as "Approved" by the Town of Cary.
Highcroft Investors, LLC
Page 3 of 4
August 15, 2011
7. Mitigation must be provided for the proposed impacts as specified in the table below. We understand that you
wish to make a payment to Restoration Systems, LLC, (RS) to meet this mitigation requirement. This has been
determined by the DWQ to be a suitable method to meet the mitigation requirement. Until the RS receives and
clears your check, no impacts specified in this Authorization Certificate shall occur. For accounting
purposes, this Authorization Certificate authorizes payment to Restoration Systems, LLC, to meet the
following compensatory mitigation requirement:

Type of Impact Compensatory Mitigation Required River and Sub-basin Number
Stream 20 feet Cape Fear/03030003
8.
Certificate of Completion:
7. 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/Wetlands Unit, North Carolina Division of Water Quality,
1650 Mail Service Center, Raleigh, NC, 27699-1650.
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.
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 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
tiled 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 (I) 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
671.4 Mail Service Center
Raleigh, NC 27699-6714
Telephone: [phone], Facsimile: (91.9)-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.
Highcroft Investors, LLC
Page 4 of 4
August 15, 2011
This letter completes the review of the Division of Water (DWQ) Quality under Section 401 of the Clean Water
Act. If you have any questions, please telephone Karen Higgins (919-808-6360) or Ian McMillan (919-807-6364)
in the DWQ Central Office in Raleigh.
Sincerely,
11
CHSI#m
Enclosures; GC3821
Certificate of Completion
Coleen H. Sullins
cc: USACE Raleigh Regulatory Field Office
Lauren Witherspoon, DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Troy Beasley, Withers and Ravenel, 1410 Commonwealth Drive, Suite 101, Wilmington, NC 28403
Matt Flynn, 316 N. Town of Cary, Academy Street, Cary, NC 27513
Filename: 021169Ver5HighcroftVillage(Wake)401