20060961 Ver 1_Approval Letter_20070807

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Mr. Julian Raul
Wexford Developers, LLC
100 Weston Estates Way
Cary, NC 27513
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
'~ Division of Water Quality
August 7, 2006
DWQ Project # 06-0961
Wake County
Subject Property: 40/Wade
Ut to Richlands Creek [030402, 27-33-11, C, NSW]
Approval of 401 Water Quality Certification and Authorization Certificate per the Neuse River
Buffer Protection Rules (15A NCAC 2B .0233) with Additional Conditions -REVISED
Dear Mr. Raul:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 0.032 acres of wetland, 3141inear feet perennial stream (2521inear feet
permanent impacts, 621inear feet temporary impacts), 37,904 square feet (fly) of protected Zone 1 Neuse
River basin riparian buffer and 26,470 square feet (fl) of protected Zone 2 Neuse River basin riparian
buffer as described in your application dated June 12, 2006, and received by the Division of Water
Quality (DWQ) on June 12, 2006, with more information received from you on July 6, for the purpose of
constructing the residential subdivision, commercial development and accompanying utilities at the site.
After reviewing your application, we have decided that the impacts are covered by General Water Quality
Certification Number(s) 3374 and 3402 (GC3374 and GC3402). The Certification(s) allows you to use
Nationwide Permit(s) NW 12 and NW39, respectively, when issued by the US Army Corps of Engineers
(USAGE). This letter shall also act as your approved Authorization Certificate for impacts to the
protected riparian buffers per 15A NCAC 2B .0233. This Certification replaces the Certification
issued to you on May 16, 2006. 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 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 1501inear 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.
The Additional Conditions of the Certification are:
1. Impacts Approved
401 Oversight/Express Review Permitting Unit ~''µt1{~~1~
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] / Internet: ~•//h2o enr state nc us/ncwetlands

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August 7, 2006
't'he following impacts are hereby approved as long as all of the otl~r specific and general
conditions of this Certification (or Isolated Wetland Permit) aze meth No other impacts aze
approved including incidental impacts:
Amount A roved nits Plan Location or Reference
404/Wetland 0.032 acres PCN a e 4 of 9
Stream -perennial 3141inear feet stream (2521inear feet permanent impacts, 62 Linear feet
tem or im acts PCN page 4 of 9
Buffer- Zone 1 37,904 s uare R. PCN a e 8 of 9
Buffer -Zone 2 26 470 s ware ft. PCN a e 8 of 9
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
standazds, 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 erosion control measures shall not be placed in wetlands or waters to the maximum
extent practicable. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, they shall be removed and the natural grade restored within six months of the date that
the Division of Land Resources 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 mazked with orange warning fencing
(or similaz 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 2B .0233 and GC 3404;

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August 7, 2006
6. Culvert Installation

Culverts required for this project shall be installed in such a manner that the original stream profiles
are not altered. Existing stream dimensions (including the cross section dimensions, pattern, and
longitudinal profile) must be maintained above and below locations of each culvert. Culverts shall
be designed and installed to allow for aquatic life movement as well as to prevent head cutting of
the streams. If any of the existing pipes are or become perched, the appropriate stream grade shall
be re-established or, if the pipes installed in a perched manner, the pipes shall be removed and re-
installed correctly.
Culvert(s) shall not be installed in such a manner that will cause aggradation or erosion of the
stream up or down stream of the culvert(s). Existing stream dimensions (including the cross section
dimensions, pattern and longitudinal profile) shall be maintained above and below locations of each
culvert.
Placement of culverts and other structures in waters, streams, and wetlands must be placed below
the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches,
and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow
low flow passage of water and aquatic life. Design and placement of culverts and other structures
including temporary erosion control measures shall not be conducted in a manner that may result in
disequilibrium of wetlands or streambeds or banks, adjacent to or upstream and down stream of the
above structures. The applicant is required to provide evidence that the equilibrium shall be
maintained if requested in writing by DWQ.
The establishment of native, woody vegetation and other soft stream bank stabilization techniques
must be used where practicable instead of rip rap or other bank hardening methods. If rip-rap is
necessary, it shall not be placed in the stream bed, unless specifically approved by the Division of
Water Quality.
Installation of culverts in wetlands must ensure continuity of water movement and be designed
to adequately accommodate high water or flood conditions.
Upon completion of the project, the Applicant shall complete and return the enclosed "Certificate of
Completion" form to notify NCDWQ when all work included in the §401 Certification has been
completed. The responsible party shall complete the attached form and return it to the
401/Wetlands Unit of the NC Division of Water Quality upon completion of the project. Please
send photographs upstream and downstream of each culvert site to document correct installation
along with the Certificate of Completion form.
7. Written Stormwater Management Plan (Final Plan Needed) Required For Each Phase
A final, written stormwater management plan (including a signed and notarized Operation and
Maintenance Agreement) for each phase of the entire project shall be submitted to the 401
Oversight and Express Permitting Unit (2321 Crabtree Blvd., Suite 250, Raleigh, NC, 27604) and
the stormwater management plans shall be approved in writing by this Office before the impacts
for that particular phase may occur per Condition No. 4 in GC No. 3402. You have the option
of using the Express Review Program for expedited approval of these plans.. If you propose to
use the Express Review Program, remember to include the appropriate fee with the plan. Site-
specific stormwater management shall be designed to remove 85% TSS according to the latest
version of DWQ's Stormwater Best Management Practices manual at a minimum. Additionally,
in watersheds within one mile and draining to 303(d) listed waters, as well as watersheds that are

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August 7, 2006
classified as nutrient sensitive waters (NSW), water supply waters (`DVS), trout waters (Tr), high
quality waters (HQW), and outstanding resource waters (ORW), the Division shall require that
extended detention wetlands, bio-retention areas, and ponds followed by forested filter strips
(designed according to latest version of the NCDENR Stormwater Best Management Practices
Manual) be constructed as part of the stormwater management plan when asite-specific
stormwater management plan is required.
Also, the stormwater management plan (as approved by the Wetlands Unit) shall be implemented
before any permanent building or other structure is occupied at the subject site.
The structural stormwater practices as approved by the Wetlands Unit as well as drainage patterns
must be maintained in perpetuity. No changes to the structural stormwater practices shall be
made without written authorization from the Division of Water Quality.
8. Diffuse Flow (No Review)
All constructed stormwater conveyance outlets shall be directed and maintained as diffuse flow at
non-erosive velocities through the protected stream buffers such that it will not re-concentrate
before discharging into a stream as identified within 15A NCAC 2B .0233 (5). If this is not
possible, it may be necessary to provide stormwater facilities that are considered to remove
nitrogen. This may require additional approval from this Office.
Miti ag tion:
9. Compensatory Mitigation Using the Ecosystem Enhancement Program (EEP)
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 Wetlands Restoration Fund administered by
the NC Ecosystem Enhancement Program (EEP) to meet this mitigation requirement. This has
been determined by the DWQ to be a suitable method to meet the mitigation requirement. Until
the EEP receives and clears your check (made payable to: DENR -Ecosystem Enhancement
Program Office), no impacts specified in this Authorization Certificate shall occur. The EEP
should be contacted at [phone] if you have any questions concerning payment into a
restoration fund. You have one month from the date of this approval to make this payment. For
accounting purposes, this Authorization Certificate authorizes payment into the Wetlands
Restoration Fund to meet the following compensatory mitigation requirement:
Compensatory Mitigation
Re uired River and Sub-basin Number
Stream 195 linear feet Neuse/03020201
Buffer Zone 1 55,284 s uare feet Neuse/03020201
Buffer Zone 2 21,576 s uare feet Neuse/03020201
10. 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 prior to impacting any wetlands, waters and/or
buffers approved for impact under this Certification Approval and Authorization Certificate. A
sample deed notification can be downloaded from the 401/Wetlands Unit web site at

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August 7, 2006
http://h2o.enr.state.nc.us/ncwetlands. The text of the sample deed notification may be modified
as appropriate to suit to this project;
11. Sewer Systems
The project shall comply with 15A NCAC 2H .0219(i)(2)(G) and all other State, Federal and local
sewer system regulations.
12. 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: //h2o. enr. state. nc. us/su/Forms Documents. htm. ;
13. 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 401 Oversight/Express Review Permitting Unit, 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 as depicted in your application and as authorized by this Certification, shall expire upon
expiration of the 404 or CAMA Permit.
If you do not accept any of the conditions of this Certification (associated with the approved wetland or
stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that
you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of
the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a
hearing.
Any disputes over determinations regarding this Authorization Certificate (associated with the approved
buffer impacts) shall be referred in writing to the Director for a decision. The Director's decision is
subject to review as provided in Articles 3 and 4 of G.S. 150B.

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August 7, 2006
This letter completes the review of the Division of Water Quality under Sect~,on 401 of the Clean Water
Act and the Neuse riparian buffer protection rule as described within 15A NCAC 2B .0233. If you have
any questions, please telephone Cyndi Karoly or Ian McMillan at 919-733-1786.
Sincerely,
~~
Alan W. Klimek, P.E.
AWK/ijm
Enclosures: NCDWQ 401 WQC Summary of Permitted Impacts and Mitigation Requirements
GC 3374, GC3402
Certificate of Completion
cc: USACE Raleigh Regulatory Field Office
Eric Kulz, DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Central Files
Todd Preuninger, Withers and Ravenel Inc., 117 MacKenan Drive, Cary, NC 27511
Filename: 060961 Forty Wade(Wake)401_NBR