20052134 Ver 2_Approval Letter_20120917

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild PE Dee Freeman
Governor Director Secretary
September 17, 2012
DWQ Project # 05 -2134 v.2
Wake County
Contentnea Creek Development Company
Attn: Daniel Sullivan
8502 Six Forks Road, Suite 202
Raleigh, NC 27615
Subject Property: Gates of Ethan's Glen
Upper Barton Creek [030201, 27 -15 -2, WS -IV NSW CA]
Neuse River Buffer Rule (15A NCAC 02B.0233) Authorization Certificate with Additional Conditions.
Dear Mr. Sullivan:
You have our authorization, in accordance with 15A NCAC 02B .0233 and any conditions listed below, to impact
approximately 1,508 ftZ of Zone 1 (permanent impacts) and 929 ft2 of Zone 2 (permanent impacts) of the
protected riparian buffers to construct level spreader bypass channels for a residential subdivision, as described
within your application dated April 11, 2012, received by the Division of Water Quality (DWQ) on April 11,
2012 and additional information received on June 28, 2012 and August 20, 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 and 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:
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:
v Ntirally ehCarolina
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]
An Equal Opportunity,Affirmative Action Employer — 50% Recycled /10% Post Consumer Paper
Amount Approved Units
Plan Location or Reference
Zone 1 Buffers
1,508 (square ft.) permanent impacts
PCN page 5 of 10
Zone 2 Buffers
929 (square ft. permanent impacts
PCN page 5 of 10
v Ntirally ehCarolina
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]
An Equal Opportunity,Affirmative Action Employer — 50% Recycled /10% Post Consumer Paper

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1. Diffuse Flow Plan Approval
a. The diffuse flow plan approved by this office consists of three level spreader - vegetated filter strips
and all associated stormwater conveyances, the grading and drainage patterns depicted on plan sheets
dated September 10, 2012. The plans and specifications for these devices approved by the DWQ are
incorporated by reference and are enforceable by the DWQ provided however that any modification
of the design for the stormwater management system that is accepted by the DWQ shall take
precedence over the original plans and specifications.
b. The footprint of the level spreader - vegetated filter strips and all associated drainage devices as well as
an additional ten (10) foot wide area on all sides of the devices shall be located in either public rights -
of -way, dedicated common areas or recorded easement areas. The final plats for the project showing
all such rights -of -way, common areas and easement areas shall be in accordance with the approved
plans.
c. The approved diffuse flow must be maintained in perpetuity in accordance with LS -VFS operation
and maintenance (O & M) agreements signed by Johnna Bircher (Vice President, Development) on
April 3, 2012. The O & M agreements must transfer with the sale of the property or transfer of
ownership /responsibility for the BMP facilities. DWQ must be notified promptly of every transfer.
d. The applicant and/or authorized agent shall provide a completed Certificate of Completion form to
the DWQ within thirty (30) days of project completion (available at
hgp:Hportal.nedenr.or web /wq /swp /ws /401 /certsandpermits /apply /forms).
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.
3. 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.

V Page 3
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.
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 15A NCAC 2H .500.
6. 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 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)- 733 -2698, Facsimile: (919)- 733 -3478
A copy of the petition must also be served on DENR as follows:
Mr. William Cary, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699 -1601
This Authorization shall expire five (5) years from the date of this letter.

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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 (919) 791 -4200. 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 Smit
Surface Water Protection Section Supervisor
Raleigh Regional Office
Enclosures: Certificate of Completion
cc: DWQ Central Office — WeBSCaPe — 1650 Mail Service Center
RRO File Copy
Jennifer Burdette — Burdette Land Consulting, 10212 Creedmoor Road, Raleigh, NC 27615
Filename. 05 -2134 v 2—Gates of Ethan's Glen_NBR_Approval