20121058 Ver 1_Approval Letter_20121221

rc[iVER A
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
KB Homes —Carolina Division
Attn: Joe Cebina
4518 S. Miami Blvd., Suite 180
Durham, NC 27703
Subject Property:
Dear Mr. Cebina:
Division of Water Quality
Charles Wakild, P.E.
Director
December 21, 2012
Approval of 401 Water Quality Certification
Cedar Bend Subdivision
Dee Freeman
Secretary
DWQ Project # 12 -1058
Wake County
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise temporarily impact 42 linear feet of stream, as described within your application
received by the N.C. Division of Water Quality (Division) on November 16, 2012. The impacts are
covered by General Water Quality Certification Number(s) 3884, which allows you to use Nationwide
Permit(s) NW12 when issued by the US Army Corps of Engineers (USACE). 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, and other
regulations. This approval to proceed with your proposed impacts or to conduct impacts to waters as
depicted in your application shall expire upon expiration of the 404 or CAMA 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 02H .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 impacts:
Type of Impact
I Amount Approved (Units)
Plan Location or Reference
Stream —temporary
1 42 (linear feet)
I PCN pg 5 of 12
Wetlands, Buffers, Stomnwater, Compliance and Permitting Unit (Webscape)
1650 Mail Service Center, Raleigh, North Carolina 27699 -1650
Phone; 91HOMM 1 FAX [phone]
Internet: ht tpJ /portal.nodenr.oMAuebtwq/Ws
An Equal opportunity 1 Affirmative Adion Employer

Cedar Bend Subdivision
Page 2 of 3
December 21, 2012
2. 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 02H .0500.
3. Deed Notifications
Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands,
waters and protective buffers in order to assure compliance for future wetland, water and buffer
impact. These mechanisms shall be put in place at the time of recording of the property, or of
individual lots, whichever is appropriate. A sample deed notification can be downloaded from the
Wetlands, Buffers, Stormwater, Compliance and Permitting Unit web site at:
http: / /portal.ncdenr.orp/web /wa /swp /ws/ 401 /certsandpermits /apply /forms. The text of the
sample deed notification may be modified as appropriate to suit to this project.
4. Certificate of Completion
The applicant and /or authorized agent shall provide a completed Certificate of Completion Form to
the DWQ Webscape Unit within ten days of project completion (available at:
http: / /t)orta l.ncdenr.org /web /wa /swp /ws /401 /certsandoerm its /apply /formsl.
You can contest this Certification as provided in Articles 3 and 4 of General Statute 150B by filing a
written petition for an administrative hearing to the Office of Administrative Hearings. You may obtain a
petition form from the Office of Administrative Hearings at http: / /www.ncoah.com/ or call (919) 431-
3000 for information.
Within sixty (60) calendar days of receipt of this Certification, you must file the petition with the Office
of Administrative Hearings. A petition is considered filed when the original and one (1) copy is received
in the Office of Administrative Hearings during normal office hours (Monday through Friday between
8:OOam and S:OOpm, excluding official state holidays).
The petition may be faxed to the Office of Administrative Hearings at (919) 431 -3100, provided the
original and one copy of the petition is received by the Office of Administrative Hearings within five (5)
business days following the faxed transmission.
Mailing address for the Office of Administrative Hearings:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699 -6714
One (1) copy of the petition must also be served to DENR:
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.
Sincerely,
K re Higgins,
Wetlands, Buff
Cedar Bend Subdivision
Page 3 of 3
December 21, 2012
Compliance & Permitting Unit
Enclosures: GC3884
cc: USACE Raleigh Regulatory Field Office
DWQ Raleigh Regional Office
Deborah Edwards, Soil & Environmental Consultants, 11010 Raven Ridge Road, Raleigh NC 27703
File Copy
Filename: 1210S8CedarBendSubdivision (Wake)401.doac