20120074 Ver 1_Approval Letter_20120706

NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Waklid PE Dee Freeman
Governor Director Secretary
John and Marta Carreiro
3 Foxtail Lane
Brookfield CT 06804
July 6 2012
Subject Midas Lane Subdivision
Deep Creek [030401 27 3 4 WS III NSW ORW]
DWQ Project # 12 0074
Durham County
Neuse River Buffer Rule (15A NCAC 02B 0233) Authorization Certificate with additional conditions
Dear Sir or Madame
You have our authorization in accordance with 15A NCAC 02B 0233 and any conditions listed below to impact
approximately 19 870ft2 of Zone 1 (permanent impacts) of the protected riparian buffers and 13 514 ft2 of Zone 2
(permanent impacts) of the protected riparian buffers to construct a subdivision as described within your
application dated December 15 2011 received by the Division of Water Quality (DWQ) on January 27 2012 and
additional information received by DWQ on April 5 2012 June 7 2012 July 4 2012 and July 6 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 Non discharge
regulations
This authorization certification 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 authorization letter and is thereby responsible for complying with all
conditions This authorization requires you to follow the conditions listed below
The Additional Conditions of the Certification are
I 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
NorthCarolma
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] 623 6748
An Equal Opportunity /Affirmative Action Employer — 50 / Recycled /10 / Post Consumer Paper
Amount Approved Units
Plan Location or Reference
Zone i Buffers
19 870 (square ft) permanent impacts
PCN page 5 of 10 revised 7/6/12
Zone 2 Buffers
13 514 (square ft) permanent impacts
PCN page 5 of 10 revised 7/6/12
NorthCarolma
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] 623 6748
An Equal Opportunity /Affirmative Action Employer — 50 / Recycled /10 / Post Consumer Paper

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2 Erosion & Sediment Control Practices
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 For borrow pit sites the erosion and sediment control measures must be designed installed operated
and maintained in accordance with the most recent version of the North Carolina Surface Mining
Manual
d The reclamation measures and implementation must comply with the reclamation in accordance with
the requirements of the Sedimentation Pollution Control Act
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
4 No Sediment & Erosion Control Measures w/n Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters without prior approval
by 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
Compensatory Mitigation
Compensatory buffer mitigation is required for all road crossings that are less than perpendicular or
parallel road impacts on the project It is our understanding that you have sought credits from EBX
Neuse I LLC for 36 221 square feet of Neuse River Riparian buffer credits EBX has communicated that
these credits are available at this time No impacts to buffers shall be made until credits have been
obtained through payment to EBX another mitigation bank or EEP
401 Water Quality Certification
A 401 Water Quality Cerficiation shall be obtained prior to impacting any wetlands and/or streams on the
site This is not a common practice of DWQ to approve buffer impacts prior to approving wetland and/or
stream impacts but was a requirement of Durham County Ordinance to have completed a No Practical

f Page 3
Alternatives Analysis prior to approving a site plan It is our understanding that a 401 WQC submittal
would have required more work and money that was not feasible at this stage of the subdivision plan
7 Diffuse Flow
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 Hportal ncdenr org/web/wg/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
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 15A NCAC 2H 0500
9 Notification of Protect Commencement
Please notify DWQ (Lauren Witherspoon at [phone] or lauren witherspoon@ncdenr gov) of the
proposed start date of the protect
10 Certificate of Completion
Upon completion of all work approved within this authorization and any subsequent modifications the
applicant is required to return the attached certificate of completion to the Wetlands Buffers Stormwater
Compliance and Permitting Unit North Carolina Division of Water Quality 1650 Mail Service Center
Raleigh NC 27699 1650
Any disputes over determinations regarding this Authorization (associated with the approved buffer
impacts) shall be referred in writing to the Director within thirty (30) days of receipt of this notice for a decision
You can contest the Director s decision as provided in Articles 3 and 4 of G S 150B To contest the
Director s decision 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 Heanngs 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

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Office of Administrative Hearings
6714 Mail Service Center
Raleigh NC 27699 6714
Telephone [phone] Facsimile [phone]
A copy of the petition must also be served on DENR as follows
General Counsel
Department of Environment and Natural Resources
1601 Mall Service Center
Raleigh NC 27699 1601
This Authorization shall expire five (5) years from the date of this letter
This letter completes the review of the No Practical Alternatives determination under 15A NCAC 2B 0233 If
you have any questions please call Lauren Witherspoon at [phone] This letter does not authorize any
Impacts to either Waters of the United States or Waters of the State Please contact the US Army Corps of
Engineers (USACE) or NC Division of Water Quality (DWQ) If any Impacts are proposed to waters on this
project
Sincerely
Danny Smith
Surface Water Protection Section Supervisor
Raleigh Regional Office
Enclosure Certificate of Completion
cc DWQ Central Office — WeBSCaPe — 1650 Mail Service Center
RRO File Copv
Cliff Credle — Credle Engineering Company Inc 204 E Markham Ave Durham NC 27701
Filename 12 0074_Midas Lane SD_NBR_Approval