20110891 Ver 1_Approval Letter_20120110

NCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Landquest Legacy of North Carolina, LLC
410 Glenwood Avenue, Suite 130
Raleigh, NC 27603
Division of Water Quality
Charles Wakild, PE
Director
January 10, 2012
Subject Property: Cardinal Oaks Subdivision
UT to Chunky Pipe Creek [030401, 27 -9 -1, WS -IV; NSW]
Dee Freeman
Secretary
DWQ Project # 11 -0891
Durham County
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 Sir or Madam:
You have our approval, in accordance with the attached conditions and those listed below, to fill or otherwise
impact 0.099 acre of 404 wetland (permanent impacts), 0.141 acre of isolated wetlands, 35 linear feet of perennial
stream channel (temporary impacts), 39 linear feet of intermittent stream channel (temporary impacts), 3,287
square feet of Zone 1 Neuse River basin protected riparian buffer (permanent impacts), and 3,138 square feet of
Zone 2 Neuse basin protected riparian buffer (permanent impacts) for a multi - family housing development, as
described in your application received by the Division of Water Quality (DWQ) on October 4, 2011 and
additional information received by DWQ on December 12, 2011. After reviewing your application, we have
decided that the impacts are covered by General Water Quality Certification Number(s) 3821 (GC3821) 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) NW29 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 213 .0233. 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 Permit, and upon expiration of the Isolated/Non -404 wetlands depicted in
your application as authorized by this Permit, shall expire upon expiration of IWGP100000 (October 21,
2013) or unless otherwise rescinded by the Director of the Division of Water Quality.
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 2H.0506 (h). This approval
requires you to follow the conditions listed in the attached certification and any additional conditions listed
below.
NorthCarolina
,lVaturally
North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone [phone] Customer Service
Internet www ncwaterquality.org 1628 Mail Service Center Raleigh, NC 27699 -1628 FAX [phone]
An Equal Opportunity /Affirmative Action Employer — 50% Recycled /10% Post Consumer Paper

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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
0.099 (acre) permanent impact
PCN aQe 5 of 1 1
Isolated/Non -404 Wetland
0.141 acre permanent impact
PCN page 5 of I 1
Stream - perennial
35 linear feet) temporary impact
PCN page 5 of I 1
Stream — intermittent
39 (linear feet) temporary impact
PCN page 5 of 1 1
Buffers Zone 1
3,287 (square ft.) ermanent impact
PCN page 7 of 11
Buffers Zone 2
3, 138 (square ft.) perm anent impact
I PCN page 7 of 1 1
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 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;

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5. Stormwater Management Plan (SMP) Approval Required
Please 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
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 (1) 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 /wg /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 discharges through the
protected Neuse Riparian Buffer.
7. 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.
8. Notification of Project Commencement
Please notify DWQ (c /o Lauren Witherspoon at (919) 791 -4251 or lauren.witherspoon e,ncdenr.gov) of
the proposed start date of the project.
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 Wetlands, Buffers, Stormwater, Compliance and Permitting Unit (WeBSCaPe), North
Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699 -1650.

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Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. Tile 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 and upon expiration of the Isolated/Non -404 wetlands depicted in your application as
authorized by this Permit, shall expire upon expiration of IWGP100000 (October 21, 2013) 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
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 (IWGP100000). If you have any questions, please
telephone Lauren Witherspoon, at 919- 791 -4251.
incer y,
112� �� v
Dannv Smit
Surface Water Protection Section Supervisor
Raleigh Regional Office

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Enclosures: GC 3821
I WGP 100000
Certificate of Completion
cc: USACE Raleigh Regulatory Field Office
DWQ Central Office — WeBSCaPe — 1650 Mail Service Center
RRO File Copy
Jennifer Burdette — Burdette Land Consulting, Inc., 10212 Creedmoor Road, Raleigh, NC 27615
Adam Ashbaugh — LStar, 5511 Capital Center Drive, Suite 105, Raleigh, NC 27606
Filename: 11- 0891 — Cardinal Oaks Subdivision_401 NBR— IW— Approval