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HomeMy WebLinkAbout20071235 Ver 1_More Info Received_20120618Witherspoon, Lauren From: Debbie Edwards [dedwards @sandec.com] Sent: Monday, June 18, 2012 4:38 PM To: michael.deaton @apexnc.org; Witherspoon, Lauren; Lucas, Annette Subject: Beckwith Project (DWQ Project #07 -1235) and The Hunt at Green Level Crossing project (DWQ Project #07 -2147) Attachments: 401 Water Quality Certification_082907.pdf; 401 WQC 013108.pdf Please let me know your availability so that we can schedule as soon as possible. Thank you, Debbie This electronic communication, including all attachments, is intended only for the named addressee (s) and may contain confidential information. This electronic communication may not have passed through our standard review /quality control process. Design data and recommendations included herein are provided as a matter of convenience and should not be used for final design. Rely only on final, hardcopy materials bearing the consultant's original signature and seal. If you are not the named addressee (s), any use, dissemination, distribution or copying of this communication is prohibited. If you have received this electronic communication in error, please notify the sender by return e -mail and delete the original communication from your system. Thank you. THINK BEFORE YOU PRINT VNAr � QO r 'C Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources January 31, 2008 Coleen H. Sullins, Director. Division of Water Quality DWQ Project # 07 -2147 Wake County Mr. Brad Nelson Toll Brothers, Inc. 2310 T.W. Alexander Drive, Suite G Raleigh, NC 27617 Tr , Mr. Tim Donnelly Town of Apex P.O. Box 250 Apex, NC 27502 Subject Property: The Hunt At Green Bevel Crossing Ut to Clark Branch [030605, 16- 41 -6 -3, WSIV, NSW] Approval of 401 Water Quality Certification and Isolated Wetland General Permit (IWrP 100000) with Additional Conditions Gentlemen: You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact 0.099 acres of 404 /wetland, 335 linear feet of stream (149 linear feet permanent, perennial stream impact, 110 linear feet temporary, perennial stream impact, and 76 linear feet temporary, intermittent stream impact), and 0.035 acres of isolated wetlands, as described in your application dated December 14, 2007, and received by the Division of Water Quality (DWQ) on December 14, 2007, with additional information received from you on January 29, 2008, for the purpose of constructing the proposed residential development. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number(s) 3699 and 3704 (GC3699 and GC3704). The Certification(s) allows you to use Nationwide Permit(s) NW 12 and NW 14 when issued by the US Army Corps of Engineers (USACE). 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. Additionally, after reviewing your application, we have decided that the impacts of 0.035 acres of Isolated Wetlands are covered by the State General Permit for Impacts to Isolated Wetlands and Isolated Waters (IWGP100000). The authorization,to proceed with your proposed impacts to Isolated Wetlands as depicted in your application and as authorized by this Permit, shall expire upon expiration of IWG'P100000 (September 30, 2008) ot'- unless otherwise rescinded by the Director of the Division of Water Quality. 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 150 linear feet of stream, compensatory mitigation may be required as described in 15A 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: 919- 733 -1786 / FAX 919 - 733 -6893 / Internet: hftp• //h2o.eiir.Ntate.nc.us/ncwetlands An Equal Opportunity /Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper N�Oi thCarolina QtllP�l��� `V Toll Brothers, Inc. and Town of Apex Page 2 of 5 December 31, 2007 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: Type of Impact Amount Approved Units Plan Location or Reference 404 /Wetland 0.099 (acres) PCN page 4 of 10 Stream - perennial 335 [(linear feet) 149 linear feet permanent, perennial stream impact, 110 linear feet temporary, perennial stream impact, and 76 linear feet temporary, intermittent stream impact] PCN page 5 of 10 Isolated Wetland 0.035 acres PCN page 5 of 10 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; Toll Brothers, Inc. and Town of Apex Page 3 of 5 December 31, 2007 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 GC3705; 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 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 hyp : / /h2o.enr. state. nc.uslsulForms Documents. htm.; 8. Culvert Installation All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures from the most current version of NCDOT Construction and Maintenance Activities manual (http://www.ncdot.org/doh/ol2erations/BMP manual /downloadBMP Manual.pdf) such as sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent excavation in flowing water. Culverts required for this project shall be installed in such a manner that the original stream profiles are not altered. Existing stream dimensions (including the cross section dimensions, pattern, and longitudinal profile) must be maintained above and below locations of each culvert. Culverts shall be designed and installed to allow for aquatic life movement as well as to prevent head cutting of the streams. If any of the existing pipes are or become perched, the appropriate stream grade shall be re- established or, if the pipes installed in a perched manner, the pipes shall be removed and re- installed correctly. Culvert(s) shall not be installed in such a manner that will cause aggradation or erosion of the stream up or down stream of the culvert(s). Existing stream dimensions (including the cross section dimensions, pattern and longitudinal profile) shall be maintained above and below locations of each culvert. Therefore, you must provide plans with adequate details that indicate that the current stability of the stream will be maintained or enhanced. You must receive written approval from this Office for the above plans before the culvert(s) is installed. Culvert(s) must be installed according to approved plans. Toll Brothers, Inc. and Town of Apex Page 4 of 5 December 31, 2007 Placement of culverts and other structures in waters, streams, and wetlands must be placed below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow low flow passage of water and aquatic life. Design and placement of culverts and other structures including temporary erosion control measures shall not be conducted in a manner that may result in dis- equilibrium of wetlands or streambeds or banks, adjacent to or upstream and down stream of the above structures. The applicant is required to provide evidence that the equilibrium shall be maintained if requested in writing by DWQ. The establishment of native, woody vegetation and other soft stream bank stabilization techniques must be used where practicable instead of rip rap or other bank hardening methods. If rip -rap is necessary, it shall not be placed in the stream bed, unless specifically approved by the Division of Water Quality. Installation of culverts in wetlands must ensure continuity of water movement and be designed to adequately accommodate high water or flood conditions. Upon completion of the project, the Applicant shall complete and return the enclosed "Certificate of Completion" form to notify NCDWQ when all work included in the §401 Certification has been completed. The responsible party shall complete the attached form and return it to the 401 /Wetlands Unit of the NC Division of Water Quality upon completion of the project. Please send photographs upstream and downstream of each culvert site to document correct installation along with the Certificate of Completion form. 9. Stormwater Management Plan Implementation Procedures (No Further Approval Needed) The approved SMP must be constructed and operational before any permanent building or other structure is occupied at the site. If a development is phased, then the approved SMP for each future phase must be constructed and operational before any permanent building or other structure associated with that phase is occupied. 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 SMP approval authority. If the SMP falls under another state stormwater program, then a copy of the approval letter and the modified SMP must be submitted to the 401 Oversight/Express Unit prior to the commencement of the modifications. 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 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 Toll Brothers, Inc. and Town of Apex Page 5 of 5 December 31, 2007 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. 15013. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act and the Isolated Wetland Rules. If you have any questions, please telephone Cyndi Karoly or Ian McMillan at 919 - 733 -1786. Al CHSlijm Enclosures: GC3699, GC3704 IWGP100000 Certificate of Completion cc: USACE Raleigh Regulatory Field Office Lauren Witherspoon, DWQ Raleigh Regional Office DLR Raleigh Regional Office File Copy Central Files Debbie Edwards, S &EC, P.A., 11010 Raven Ridge Road, Raleigh, NC 27614 Filename: 072147TheHuntAtGreenLevelCrossing (Wake)401 DWQ Project No.: Applicant: Project Name: County: Date of Issuance of Certification or Authorization: Certificate of Corn letion Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401 Oversight/Express Permitting Unit, North Carolina Division of Water' Quality, 1650 Mail Service Center, Raleigh, NC, 27699 -1650. This form may be returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. _ It is not necessary to send certificates from all of these. Applicant's Certification I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: Agent's Certification I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within .substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: If this project was designed by a Certified Professional I, as a duly registered Professional (i.e., Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project, for the Permitee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Registration No. Date OO� W A T fiRQG Michael F. Easley, Governor William G. Ross Jr., Secretary 1 s North Carolina Department of Environment and Natural Resources August 29, 2007 DWQ Project # 07 -1235 Wake County Mr. Brad Nelson " Toll Brothers, Inc. 2310 TW Alexander Drive, Suite G Raleigh, NC 27617 Subject Property: Beckwith Property White Oak Branch [030606,16-41-6-(0.7), WSIV, NSW] Clark Branch [030606, 16- 41 -6 -3, WSIV, NSW] Approval of 401 Water Quality Certification and Isolated Wetland General Permit with Additional Conditions- REVISED Dear Mr. Nelson: You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact 0.41 acres of 404/Wetland (0.216 acres permanent impact and 0.194 acres temporary impact), 0.18 acres of Isolated Wetland, and 227 linear feet of perennial stream (187 linear feet permanent impact and 40 linear feet temporary impact), as described in your application dated July 16, 2007, and received by the Division of Water Quality (DWQ) on July 16, 2007, for the purpose of constructing the residential development. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number(s) 3625 (GC3625), 3627 (GC3627), and 3631(GC3631). The Certification(s) allows you to use Nationwide Permit(s) NW12, NW14, and NW29, respectively, when issued by the US Army Corps of Engineers (USAGE). This Certification replaces the Certification issued to you on August 23, 2007. We have also determined that this Isolated Wetland fill (0.18 acres of Isolated Wetland) is covered by the State General Permit for Impacts to Isolated Wetlands and Isolated Waters (IWGP100000). 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 LAMA Permit, and the authorization to proceed with your proposed impacts to Isolated Wetlands as depicted in your application and as authorized by this Permit, shall expire upon expiration of IWGP100 000 (September 30, 2005) 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. 401 OversighVExpress Review Permitting Unit 1650 Mail Service Center, Raleigh, North Carolina 27699 -1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919- 733 -1786 / FAX 919- 733 -6893 / Internet: http://h2o.enr.state.no.us/nowetlands Toll Brothers, Inc. Page 2 of 5 August 29, 2007 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: Type of Impact Amount Approved Units flan Location or Reference 404 /Wetland 0.41 [(acres) 0.216 acres permanent impact and 0.194 acres temporary impact] PCN page 4 of 9 Isolated Wetland 0.18 (acres) PCN page 4 of 9 Stream - intermittent 227 [(linear feet) 187 linear feet permanent impact and 40 linear feet temporary impact] PCN page 5 of 9 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; Toll Brothers, Inc. Page 3 of 5 August 29, 2007 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.ne.us /newetiands. The text of the sample deed notification may be modified as appropriate to suit to this project. Mitigation: 7. Compensatory Mitigation Using Onsite Restoration, NCEEP Mitigation and Preservation Mitigation must be provided for the proposed impacts as specified in the table below. This method has been determined by the DWQ to be a suitable means to meet the mitigation requirement. You have 60 days from the date of this approval to make your payment to the NCEEP. For accounting purposes, this Authorization Certificate luthorizes payment into the Wetlands Restoration Fund to meet 187 linear feet of perennial stream impact for the following compensatory mitigation requirement: Type of Impact nsatory Mitigation Re uired River and Sub -basin Dumber _. Stream - perennial 187 (linear feet) I Ca 2e Fear /03030002 8. Culvert Installation All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures from the most current version of NCDOT Construction and Maintenance Activities manual (http• / /www nedot or /dg oh/operationsBMP manual /downloadBMP Manual.pdf) such as sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent excavation in flowing water. Culverts required for this project shall be installed in such a manner that the original stream profiles are not altered. Existing stream dimensions (including the cross section dimensions, pattern, and longitudinal profile) must be maintained above and below locations of each culvert. Culverts shall be designed and installed to allow for aquatic life movement as well as to prevent head cutting of the streams. If any of the existing pipes are or become perched, the appropriate stream grade shall be re- established or, if the pipes installed in a perched manner, the pipes shall be removed and re- installed correctly. Culvert(s) shall not be installed in such a manner that will cause aggradation or erosion of the stream up or down stream of the culvert(s). Existing stream dimensions (including the cross section dimensions, pattern and longitudinal profile) shall be maintained above and below locations of each culvert. Therefore, you must provide plans with adequate details that indicate that the current stability of the stream will be maintained or enhanced. You must receive written approval from this Office for the above plans before the culvert(s) is installed. Culvert(s) must be installed according to approved plans. Placement of culverts and other structures in waters, streams, and wetlands must be placed below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow low flow passage of water and aquatic life. Design and placement of culverts and other structures Toll Brothers, Inc. Page 4 of 5 August 29, 2007 including temporary erosion control measures shall not be conducted in a manner that may result in dis- equilibrium of wetlands or streambeds or banks, adjacent to or upstream and down stream of the above structures. The applicant is required to provide evidence that the equilibrium shall be maintained if requested in writing by DWQ. The establishment of native, woody vegetation and other soft stream bank stabilization techniques must be used where practicable instead of rip rap or other bank hardening methods. If rip -rap is necessary, it shall not be placed in the stream bed, unless specifically approved by the Division of Water Quality. Installation of culverts in wetlands must ensure continuity of water movement and be designed to adequately accommodate high water or flood conditions. Upon completion of the project, the Applicant shall complete and return the enclosed "Certificate of Completion" form to notify NCDWQ when all work included in the §401 Certification has been completed. The responsible party shall complete the attached form and return it to the 401 /Wetlands Unit of the NC Division of Water Quality upon completion of the project. Please send photographs upstream and downstream of each culvert site to document correct installation along with the Certificate of Completion form. 9. Construction Stormwater Permit NCG010000 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 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 hg2: / /h2o.enr.state.nc.us/su /Forms Documents. him.; 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 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. Toll Brothers, Inc. Page 5 of 5 August 29, 2007 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. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act and Isolated Wetland Rules. If you have any questions, please telephone Cyndi Kar ly or Ian McMillan at 919 - 733 -1786. Sinc rely, 6leen H. Sullins, Director CHSlijm Enclosures: GC3625, GC3627, and GC3631 IWGP 100000 NCDWQ 401 WQC Summary of Permanent Impacts and Mitigation Requirements Certificate of Completion cc: USACE Raleigh Regulatory Field Office Lauren Cobb, DWQ Raleigh Regional Office DLR Raleigh Regional Office File Copy Central Files Debbie Edwards, S &EC, P.A., 11010 Raven Ridge Road, Raleigh, NC 27614 Filename: 071235B eckwithProperry(W ake)401_Revised D r Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources North Carolina Division of Water Quality 401 Water Quality Certification Summary of Permitted Impacts and Mitigation Requirements Coleen H. Sullins, Director Division of Water Quality In accordance with 15A NCAC 2H.0500, Mr. Brad Nelson and Toll Brothers, Inc., have permission as outlined below to. fill or otherwise impact 0.41 acres of 404 /Wetland (0.216 acres permanent impact and 0.194 acres temporary impact), 0.18 acres of Isolated Wetland, and 227 linear feet of perennial stream (187 linear feet permanent impact and 40 linear feet temporary impact), to construct a residential development at the site, which is located within the southwest quadrant of the intersection of Green Level West Road (SR 1605) and Green Level Church Raod (SR 1600), in White Oak Township, Wake County, North Carolina. All activities associated with these authorized impacts must be conducted with the conditions listed in the attached Permit transmittal letter. THIS CERTIFICATION IS NOT VALID WITHOUT THE ATTACHMENTS. COMPENSATORY MITIGATION REQUIREMENTS, ECOSYSTEM ENHANCEMENT PROGRAM DWQ PROJECT #: 20071235 LOCATION: White Oak Township COUNTY Wake BASIN/ SUB BASIN Cape Fear /03030002 As required by 15A NCAC 2H.0500, and the conditions of this Certification, you are required to compensate for the above mitigable impacts through the restoration, creation, enhancement or preservation of wetlands, surface waters and riparian buffers as outlined below prior to conducting any activities that impact or degrade the waters of the state. Note: Acreage requirements proposed to be mitigated through the Ecosystem Enhancement Program must be rounded to one - quarter acre increments and linear foot requirements must be rounded up to the nearest foot according to 15 2R.0503(b). Impacts Mitigation 187 Linear Feet of Perennial Stream 187 Linear Feet of Perennial Stream One of the options you have available to satisfy the compensatory mitigation requirement is through the payment of a fee to the Wetlands Restoration Fund per NCAC 2R.0503. If you choose this option, please sign. this form and mail the form along with a copy of your 401 Certification or Buffer Approval to the Ecosystem Enhancement Program at the address below. An invoice for the appropriate amount of payment will be sent to you upon receipt of this form. PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE ECOSYTEM ENHANCMENT PROGRAM. Signature Date ECOSYSTEM ENHANCEMENT PROGRAM 1652 Mail Service Center RALEIGH, N.C. 27699 -1652 (919) 733 -5205 Filename; 071235BeckwithProperly (Wake)401_EEP Noe Caro ina 401 Oversight/Express Review Permitting Unit iililzl�ly 1650 Mail Service Center, Raleigh, North Carolina 27699 -1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone (919) 733 -1786 / Fax (919) 733 -6893 Internet: http: / /www.ncwaterquality.org r I . DWQ Project No.: County: Applicant: Project Name: Date of Issuance of Certification or Authorization: Certificate of Completion. Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401 Oversight/Express Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699 -1650. This form may be returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these. Aplicant'v Certification hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules,. the approved plans and specifications, and other supporting materials. Signature: Agents Certification Date: L , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: If thisproject was designed by a Certified Professional I, as a duly registered Professional (i.e., Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project, for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such .that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Registration No. Date