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Home My WebLink About20120077 Ver 1_Approval Letter_20120627Beverly Eaves Perdue Governor A WDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Charles Waklld PE Director June 27 2012 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] Dee Freeman Secretary DWQ Project # 12 0077 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 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 (IWGP 100000) The Certification(s) allows you to use Nationwide Permits) NW 12 14 and 29 when issued by the US Army Corps of Engineers (USACE) and the IWGP 100000 (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, npanan 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 conditions If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of Ntirally one hCarolina North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone (919) 791 -4200 Customer Service Internet www ncwaterquality org 1628 Mad Service Center Raleigh NC 27699 1628 FAX (919) 788 7159 877 623 6748 An Equal Opportunity/Affirmative Action Employer — 50 / Recycled /10 / Post Consumer Paper Page 2 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 nits Plan Location or Reference 404 Wetland 0 1143 acre permanent 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 permanent 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 Imear feet ermanent impact PCN page 6 & 7 of 14 — updated 5 29 12 Stream perennial 380 linear feet temporary impact PCN a e 6 & 7 of 14 — updated 5 29 12 Stream — intermittent 57 linear feet temporary un act 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 permanent 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 impact 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 Page 3 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 httpHportal ncdenr orgLweb/wg/ws/su/bmp manual Please provide one Level Spreader Supplement Form for each proposed level spreader available at http //portal ncdenr orp,/web/wg/ws/suibmp 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 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 (Lauren Witherspoon at (919) 791 4251 or lauren witherspoon@ncdenr gov) of the proposed start date of the protect Page 4 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 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 OOam and 5 OOpm 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 Page 5 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 7914251 Smce ly 1219 V Danny Smi;14 Surface Welter Protection Section Supervisor Raleigh Regional Office Enclosures GC3884 GC3 886 GC3 890 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