20051986 Ver 5_Approval Letter_20121221

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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
December 21, 2012
DWQ #: 2005 -1986 v5
County: Chatham
HBP Properties, LLC
Attn: H. Brantley Powell
5210 Driftwood Lane
Morehead City, NC 28557
son
Subject: APPROVAL of 401 Water Quality Certification with Additional Conditions — wwwo
MODIFICATION
Legend Oaks Subdivision, County r4m
USACE Action ID. No. 200900106 CIOD
Dear Mr. Powell: -00
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Attached hereto is a copy of Certification No. 3787 issued to HBP Properties, LLC, Inc., dated
December 21, 2012. This Certification replaces the Certification issued to you on September
30, 2011. In addition, you should get any other federal, state or local permits before you go
ahead with your project including (but not limited to) NPDES Stormwater Permit (including
NCG020000) Solid Waste, Sediment and Erosion Control, Dam Safety, Non - discharge and Water
Supply Watershed regulations.
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 8:00am and 5:00pm, 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.
Wetlands, Buffers, Stormwater, Compliance and Permitting Unit (WeBSCaPe)
1650 Mail Service Center, Raleigh, North Carolina 27699 -1650
Phone: [phone] FAX: [phone]
Internet: htlp:Oportal.ncdenr.orglwel*glws
An Equal opportunity 1 A(firmativ$ Action Employer

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H8P Properties, LLC
Page 2 of 5
December 21, 2012
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.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
a
Karen Higgins, SID'
visor
Wetlands, Buffers, Stormwater —
Compliance & Permitting Unit
CW /kah /ewk
cc: Jeff Garnett, EPA, Sam Nunn Federal Center, 61 Forsyth Street SW, Atlanta, GA 30303
U.S. Army Corps of Engineers, Raleigh Regulatory Field Office, Wilmington District
Danny Smith, DWQ Raleigh Regional Office
DLR, Raleigh Regional Office
File Copy
Jennifer Burdette, Burdette Land Consulting, 10212 Creedmoor Road, Raleigh, NC 27615
Filename: 051986Ver5LegendOaksSD (Chatham)401_1C_MOD.docx

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HBP Properties, LLC
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December 21, 2012
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-
500 and 95 -217 of the United States and subject to the North Carolina Division of Water Quality
(DWQ) Regulations in 15 NCAC 02H .0500 to HBP Properties, LLC to fill 0.015 acres of
404 /wetland (0.006 acres permanent impact and 0.009 acres temporary impact) and 475 linear
feet of perennial stream (416 linear feet permanent impact and 59 linear feet temporary impact),
59 linear feet of intermittent stream (20 linear feet permanent impact and 39 linear feet
temporary impact) in Cape Fear River Basin, to construct the residential subdivision at the site.
The site is located north of Lystra Road and east of US Highway 15/501, near Chapel Hill, in
Chatham County, North Carolina, pursuant to a permit application dated January 21, 2009, and
received by the DWQ on January 28, 2009, by Public Notice issued by the USACE on January 28,
2009, and received by the DWQ on January 29, 2009, and by all additional correspondences
received by the DWQ on March 12, 2009, March 26, 2009, May 12, 2009, July 30, 2010,
September 2, 2011, October 3, 2012, and November 19, 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. Therefore, 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 that you described in your application and as
described in the Public Notice. 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. Any new owner must notify the Division and request the Certification be issued in
their name. 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 certification
below.
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 are approved including incidental impacts:
Type of Impact
Amount Approved (Units)
Plan Location or
Reference
404/401
0.015 [(acres) 0.006 acres permanent and
Application, Public Notice,

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HBP Properties, LLC
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December 21, 2012
Wetlands
0.009 acres temporary]
and additional information
received 7/30/10
Stream
475 [(linear feet) 416 linear feet
Application, Public Notice,
(perennial)
permanent impact, 59 linear feet
and additional information
temporary impact]
received 7/30/10
Stream
59 [(linear feet) 20 linear feet permanent
Additional information
(intermittent)
impact, 39 linear feet temporary impact]
received 7/30/10
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:
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 shall occur in wetlands, waters, or riparian areas
beyond the footprint of the impacts depicted in the 404 /401Permit Application. 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. 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

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December 21, 2012
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. HBP Properties, 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 02H
.0507(d). Before modifying the Certification, the Division shall notify HBP Properties, 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 HBP Properties, 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. Construction Stormwater Permit NCGO10000
An NPDES Construction Stormwater Permit is required for construction projects that disturb
one (1) or more acres of land. This Permit allows stormwater to be discharged during land
disturbing construction activities as stipulated in the conditions of the permit. If your
project is covered by this permit, full compliance with permit conditions including the
erosion & sedimentation control plan, inspections and maintenance, self - monitoring, record
keeping and reporting requirements is required. A copy of the general permit
(NCGO10000), inspection log sheets, and other information may be found at
http: // portal. ncdenr. org /web /wq /ws /su /npdessw#tab -w.
Mitigation:
8. Compensatory Mitigation
Mitigation must be provided for the impacts described in the 401 Water Quality
Certification Modification Request as specified in the table below. We understand that you
wish to purchase stream mitigation credits from the Cripple Creek Mitigation Bank to meet

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December 21, 2012
this mitigation requirement. This has been determined by the DWQ to be a suitable
method to meet the mitigation requirement. A Mitigation Credit Reservation Confirmation
Letter from the Sponsor, dated October 1, 2012, reserving credits sufficient to provide
compensatory mitigation for Phase III -1, Phase III -2 and Phase III -3 impacts was included
with the 401 Water Quality Certification Modification Request. For accounting purposes,
this Authorization Certificate authorizes credits reserved with the Cripple Creek
Mitigation Bank to meet the following compensatory mitigation requirement:
Type of Impact
Compensatory Mitigation Required
River and Sub -basin Number
Stream (Ph. III -1)
69 linear feet
Cape Fear /03030002
Stream (Ph. III -2)
90 linear feet
Cape Fear /03030002
Stream (Ph. III -3)
93 linear feet
Cape Fear /03030002
9. 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:/ /portal.ncdenr.orpJweb /wa /swp /ws /401 /certsandperm its /apply /forms).
10. This certification grants permission to the director, an authorized representative of the
Director, or DENR staff, upon the presentation of proper credentials, to enter the property
during normal business hours.
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 the 21st day of December 2012
DIVISION OF WATER QUALITY
nn
harles Wakild, P.E.
Director
CW /kah /ewk
3787