20120821 Ver 1_Approval Letter_20120927

NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, PE Dee Freeman
Governor Director Secretary
September 27, 2012
DWQ Project # 12 -0821
South Lake Investors, LLC Wake County
Attn: Julian Rawl
100 Weston Estates Way
Cary, NC 27513
Subject Property: South Lakes Subdivision
Black Creek [030404,24-45-(1), B; NSW]
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. Rawl:
You have our approval, in accordance with the attached conditions and those listed below, to fill or otherwise
impact 0.160 acre of isolated wetlands (permanent impact), 0.243 acre of 404 wetlands (temporary impacts), 90
linear feet of perennial stream channel (permanent impacts), 48 linear feet of intermittent stream channel
(temporary impacts), 0.38 acres of open water (permanent impact), 14,031 square feet of Zone 1 Neuse River
basin protected riparian buffer (permanent impacts), and 7,034 square feet of Zone 2 Neuse River basin protected
riparian buffer (permanent impacts) for a residential subdivision, as described in your application dated August
27, 2012 and received by the Division of Water Quality (DWQ) on August 29, 2012 and additional information
received on September 26, 2012. After reviewing your application, we have decided that the impacts are covered
by General Water Quality Certification Number(s) 3890 (GC3890) and the Non - 404 /Isolated Wetland impacts are
covered by the State General Permit (IWGP100000). The Certification(s) corresponds to Nationwide Permit(s)
NW29 when issued by the US Army Corps of Engineers (USACE) and the IWGP100000 (issued by DWQ). This
letter shall also act as your approved Authorization Certificate for impacts to the protected riparian buffers per
15A NCAC 2B .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, riparian 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
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.
None hCarolina
;aturallY
North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone [phone] Customer Service
Internet www ncwaterquality org 1628 Mail Service Center Raleigh, NC 27699 -1628 FAX [phone]
An Equal Opportunity /Affirmative Action Employer — 50% Recycled /10% Post Consumer Paper

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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 Units
Plan Location or Reference
Isolated/Non404 Wetland
0.160 (acre) pernianent impact
PCN page 5 of 12
404 Wetland
0.243 (acre) temporary impact
PCN page 5 of 12
Stream - perennial
90 linear feet) permanent impact
PCN page 5 of 12
Stream — intermittent
48 linear feet) temporary impact
PCN page 5 of 12
Open Water
0.380 (acre) permanent impact
PCN page 6 of 12
Buffers Zone 1
14,031 (square ft.) permanent impact
PCN a e 7 of 12
Buffers Zone 2
7,034 (square ft.) permanent impact
PCN page 7 of 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.
4. Sediment and Erosion Control Measures
Sediment and ero §ion 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.

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5. Diffuse flow
All stormwater shall be directed as diffuse flow at non - erosive velocities through the protected stream
buffers and will not re- concentrate before discharging into the stream as identified within 15A NCAC 213
.0233(5) or if this is not possible, it is necessary to provide stormwater facilities that are considered to
remove nitrogen.
6. Written Stormwater Management Plan Needed for the Future Phases
A final, written stormwater management plan for each future phase (including a BMP Supplement Form
for each proposed BMP and all required items at the scales specified in the Required Items Checklist)
shall be submitted to the DWQ Webscape Unit (1650 Mail Service Center, Raleigh, NC 27699 - 1650).
The stormwater management plan must be designed to treat the runoff from the entire built upon area in
the phase in accordance with the version of the 401 Stormwater Requirements on the place of the date of
the submittal. The stormwater management plan must be approved by the DWQ before any land
disturbance associated with that phase may occur. Before any future permanent building, the
corresponding stormwater management plan as approved by the DWQ must constructed and operational.
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. 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:

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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:
William Cary, 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.
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 (IWGP 100000). If you have any questions, please
telephone Danny Smith at 919 -791 -4200.
Sincerely,
r
Danny Smith
Surface Water Protection Section Supervisor
Raleigh Regional Office
Enclosures: GC3890
Certificate of Completion
cc: USACE Raleigh Regulatory Field Office
DWQ Central Office — WeBSCaPe — 1650 Mail Service Center
RRO File Copy
Troy Beasley — Withers and Ravenel, 1410 Commonwealth Drive, Suite 101, Wilmington, NC 28403
Filename- 12- 0821_South Lakes Subdivision _401_NBR_IWP_Approval