20061151 Ver 6_Approval Letter_20120801

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A"A&A
MCDEND
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Chuck Wakdd P E
Governor Director
A Li -IlSt 1 201
Mr Grey Methven
Standard Pacific of the Carolinas LLC
1600 Perimeter Park Suite 125
Morrisville NC 27560
Re Salem Village Wake County
D w Q #200b 1 1.)l Verb u SACE Action ID No bA vV 2010 01848
Ut to Big Branch [030607 18 7 6 1 C]
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr Methven
Dee Freeman
Secretary
Attached hereto is a copy of Certification No 3937 Issued to Mr Grey Methven and Standard Pacific of
the Carolinas LLC dated August 1 2012 In addition you should get any other federal state or local
permits before you go ahead with your project Including (but not limited to) Solid Waste Sediment and
Erosion Control Stormwater Dam Safety Non discharge and Water Supply Watershed regulations
If we can be of further assistance do not hesitate to contact us
Sincerely
V eki
CW/kah/ym
J t--,
Charles Wakild P E
Attachments Certificate of Completion
NCDWQ 401 WQC Summary of Permanent Impacts and Mitigation Requirements
cc Jeff Garnett EPA Sam Nunn Federal Center 61 Forsyth Street SW Atlanta GA 30303
USACE Raleigh Regulatory Field Office
Lauren Witherspoon DWQ Raleigh Regional Office
DLR Raleigh Regional Office
Bob Zarzecki S &EC P A 11010 Raven Ridge Road Raleigh NC 27614
File Copy
Filename 2006115IVer6SalemVrllage (Wake)401_IC
Buffet ul r I e a n( I ( d r
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61
Mr Grey Methven and Standard Pacific of the Carolinas LLC
Pdge 2 or .3
A,�gitct 1 2012
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92
,ZA0 ar'd'1C 21'7 GF l.e vl- +vd v +ate$ a-A ouvivvt o tl'c A10- 1 ruro� `. D o- oF111aler Quar .Y fnWnl 11
Regulations in 15 NC,AC, 2H Section 0500 to Mr Grey Methven and Standard Pacitic of the Carolinas
LLC who have permission to fill or otherwise impact 0 057 acres of 404 /wetland and 447 linear feet of
stream (385 linear feet of permanent impact and 62 linear feet of temporary impact) to construct a two road
crossings for the Salem Village residential development located adjacent to Tingen Road in Apex Wake
County North Carolina pursuant to an application dated March 14 2012 and received by the DWQ on
March 15 2012 with additional information received on June 4 2012 and by Public Notice issued by the
USACE on June 14 2012 and received by the DWQ on June 14 2012
The application and supporting documentation provides adequate assurance that the proposed work will
not result in a violation of applicable Water Quality Standards and discharge guidelines 1 heretore the
State of North Carolina certifies that this activity will not violate the applicable portions of Sections 301
302 303 306 307 of PL 92 500 and PL 95 217 if conducted in accordance with the application the
supporting documentation and conditions hereinafter set forth
This approval is for the purpose and design submitted in the application materials and as described in the
Public Notice If the project is changed prior to notification a new application for a new Certification is
required If the property is sold the new owner must be given a copy of the Certification and approval
letter and is thereby responsible for complying with all conditions of this Certification Any new owner
must notify the Division and request the Certification be issued in their name Should wetland or stream
fill be requested in the future additional compensatory mitigation may be required as described in 15A
NCAC 2H 0506 (h) (6) and (7) If any plan revisions from the approved site plan result in a change in
stream or wetland impact or an increase in impervious surfaces the DWQ shall be notified in writing and
a new application for 401 Certification may be required For this approval to be valid compliance with
the conditions listed below is required
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 to
wetlands streams and/or buffers are approved including incidental impacts
Type of Impact
Amount Approved nits
Plan Location or Reference
Wetland
0 057 (acres)
Application and Public Notice
Stream
447 [(linear feet) 385 linear feet of
Application and Public Notice
permanent impact and 62 linear feet of
temporary impact ]
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

Mr Grey Methven and Standard Pacific of the Carolinas LLC
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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 Ti'z dc„ gn i"stalla is n opc i?tio`= acid ma n zna-icc of th" cd ea3'iY ara ,- is on con rnl
measures must be such that they equal or exceed the requirements specitea in the niost
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
mciudmg the design installation operation and maintenance of sediment and erosion Lontrul Besi
Management Practices shall be performed so that no violations of state water quality standards
statutes or rules occur
4 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 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
Continuing Compliance
6 Mr Grey Methven and Standard Pacific of the Carolinas LLC shall conduct construction
activities in a manner consistent with State water quality standards (including any requirements
resulting from compliance with section 303(d) of the Clean Water Act) and any other appropriate
requirements of State law and federal law If the Division determines that such standards or laws
are not being met (including the failure to sustain a designated or achieved use) or that State or
federal law is being violated or that further conditions are necessary to assure compliance the
Division may reevaluate and modify this Certification to include conditions appropriate to assure
compliance with such standards and requirements in accordance with 15A NCAC 2H 0507(d)
Before modifying the Certification the Division shall notify Mr Grey Methven and Standard
Pacific of the Carolinas LLC and the US Army Corps of Engineers provide public notice in
accordance with 15A NCAC 2H 0503 and provide opportunity for public hearing in accordance
with 15A NCAC 2H 0504 Any new or revised conditions shall be provided to Mr Grey Methven
and Standard Pacific of the Carolinas LLC in writing shall be provided to the United States Army
Corps of Engineers for reference in any Permit issued pursuant to Section 404 of the Clean Water
Act and shall also become conditions of the 404 Permit for the project
7 Mitigation
Mitigation must be provided for the proposed impacts as specified in the table below We
understand that you wish to make a payment to the Stream Restoration Fund administered by the

Mr Grey Methven and Standard Pacific of the Carolinas LLC
Pdge 4 UI J
Aiigils+ 1 20i2
NC Ecosystem Enhancement Program (EEP) to meet this mitigation requirement This has been
determined by the DIVISION to be a suitable method to meet the mitigation requirement Until
the EEP receives and clears your check (made payable to DENR — Ecosystem Enhancement
P ogram Off cel rn —pact neClfed rl th _ A wthn 1Z3t or' Cent fiCwte -hall CCe_r The FFA
�c � i —pact
shoula be contactea at (9 19) 71 a 19/_ 1 it you nave any questions concerning payment into a
restoration fund You have 60 days from the date of this approval to make this payment For
accounting purposes, this Authorization Certificate authorizes payment into the Stream
Restoration Fund to meet the following compensatory mitigation requirement
Type of Impact
Com ensat ry Mitigation Re uired
River and Sub basin Number
Stream
237 (linear feet)
Cape Fear /03030004
8 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 http / /portal ncdenr org /c /document library /r,et file ?uurd= dl5e7ee8 cb.)0 443f 9dcf
049b 001337ac &groupld =38364
Re opener Clause
9 Mr Grey Methven and Standard Pacific of the Carolinas LLC and its authorized agents shall
conduct its activities in a manner consistent with State water quality standards (including any
requirements resulting from compliance with section 303(d) of the Clean Water Act) and any other
appropriate requirements of State law and federal law Mr Grey Methven and Standard Pacific of
the Carolinas LLC shall require its contractors (and/or agents) to comply with all of the terms of
this Certification and shall provide each of its contractors (and/or agents) a copy of this
Certification A copy of this Certification shall be included in the construction contract and
available on the job site at all times If DWQ determines that such standards or laws are not being
met (including the failure to sustain a designated or achieved use) or that State or federal law is
being violated or that further conditions are necessary to assure compliance DWQ may reevaluate
and modify this certification to include conditions appropriate to assure compliance with such
standards and requirements in accordance with 15A NCAC 02H 0507(d) Before modifying the
certification DWQ shall notify Mr Grey Methven and Standard Pacific of the Carolinas LLC
and the US Army Corps of Engineers provide public notice in accordance with 15A NCAC
02H 0503 and provide opportunity for public hearing in accordance with 15A NCAC 02H 0504
Any new or revised conditions shall be provided to Mr Grey Methven and Standard Pacific of the
Carolinas, LLC, in writing, shall be provided to the United States Army Corps of Engineers for
reference in any permit issued pursuant to Section 404 of the Clean Water Act and shall also
become conditions of the 404 Permit for the protect
10 Stormwater Management Plan (SMP) Approval From the Town of Apex Required
You are required to provide one copy of the approved SMP for each phase of this project
including plan details on full sized plan sheets with proof of the Town of Apex s approval The

Mr Grey Methven and Standard Pacific of the Carolinas LLC
Iagc)o 5
A LeLst 1 2012
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
V,c ' no` m- rcgaire -nc -t., al o apply
• Tne approved SMP for each phase 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 Town of Apex 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
11 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
You can contest this Certification as provided in Articles 3 and 4 of G S 150B by filing a written 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) calendar
days of receipt of this Certification 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 [phone] Fax [phone]
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
If modifications are made to an original Certification you have the right to an adludicatory hearing on the
modifications upon written request within sixty (60) calendar days following receipt of the modified
Certification
Unless a petition is filed as described above, this Certification shall be final and binding
If we can be of further assistance please contact Ian McMillan at 919 807 6364 or Karen Higgins at 919
8076360
This the 1" day of Aug st 201
D ONO WA TY
Charles Wakild P E
3937
C W /kah/ym

MCD MR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Chuck Wakild P E
Governor Director
North Carol ria D E i on of Wj-r Quaht)
401 Water Quality Certification
Summary of Perm tted impacts and Mitigat on Reauirements
In accordance with 15A NCAC 2H 0500 Mr Grey Methven and Standard Pacific of the Carolinas LLC have
permission to fill or otherwise impact 0 057 acres of 404 /wetland and 447 linear feet of stream (385 linear feet of
permanent impact and 62 linear feet of temporary impact) to construct a two road crossings for the Salem Village
residential development located adjacent to Tingen Road in Apex Wake County North Carolina All activities
associated with these authorized impacts must be conducted with the conditions listed in the attachea Permit
transmittal letter THIS CERTIFICATION IS NOT VALID WITHOUT THE ATTACHMENTS
COMPENSATORY MITIGATION REQUIREMENTS ECOSYSTEM ENHANCEMENT PROGRAM
EEP Project Name Salem Village
DWQ PROJECT # 20061151 Ver 6
LOCATION Apex
COUNTY Wake
BASIN/ SUB BASIN Cape Fear /03030004
Dee Freeman
Secretary
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
237 Linear Feet Of Stream
237 Linear Feet Of 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
P(lann R I I P ni r
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Date
ECOSYSTEM ENHANCEMENT PROGRAM
1652 Mail Service Center
R7CCEIGH N-C- 27699 -1652-
[phone]
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Filename 20061151Ver6SalemVillage (Wake)401_IC_EEP