20051321 Ver 3_Approval Letter_20070813

OF W A T~9
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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
August 13, 2007
Mr. Bob Jones
Sandler at Amberly LLC/GS Carolina
3412 '/2 Hillsborough Street
Raleigh, NC, 27607
Re: Sandler at Amberly in Wake and Chatham Counties
DOA Action ID 200520319, DWQ Project No. 20051321
APPROVAL of 401 Water Quality Certification -MODIFICATION
Dear Mr. Jones:
Attached hereto is a copy of Certification No. 3534 issued to Mr. Bob Jones of Sandler at Amberly,
LLC/GS Carolina, dated May 2, 2006. This Certification replaces the Certification issued to you on
May 26, 2006. In addition, you should get any other federal, state or local permits before you go ahead
with your project including (but not limited to) Solid Waste, Sediment and Erosion Control, Stormwater,
Dam Safety, Non-discharge and Water Supply Watershed regulations. Please note that since the U.S.
Army Corps of Engineers intends to consider th.e two Amberly phases Amberly PUD NIF-2 & MF-2a and.
Sandler at Amberly together as a separate and complete project (note that two different owners are
involved), the Division will also consider these two phases as portions of a larger single project.
If we can be of further assistance, do not hesitate to contact us.
AWK/cbk/~m
Attachments: Certificate of Completion
EEP Mitigation Receipt
Sincerely,
~j~ ~, ~-'
Coleen H. Sullins
cc: Becky Fox, EPA, 1307 Firefly Road, Whittier, NC 28789
Todd Tugwell, U.S. Army Corps of Engineers, Raleigh Regulatory Field Office Wilmington District, USACOE
Eric Kulz, DWQ, Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Central Files
Sean Clark, S&EC, 11010 Raven Ridge Road, Raleigh, NC, 27614
Don Sever/Debbi Ferm, Chas H. Sells, 15401 Weston Parkway, Suite 100, Cary, NC, 27513
NCEEP, 1652 Mail Service Center, Raleigh, NC 27699-1652
Filename: 051321 AmberlyV er2(W ake_Chatham)401 _IC_MOD2
401 Oversight/Express Review Permits Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] I FAX [phone] /Internet: http•!/h2o.enr.state.nc.us/ncwetlands
Noe Carolina
~tcrra!!y
An Equal OpportunitylAffirmative Action Employer - 50% Recycled/10% Post Consumer Paper

Sandler at Amberly LLC/GS Carolina
Mr. Bob Jones
Page 2 of 5
August 13, 2007
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 2H, Section .0500 to Mr. Bob Jones of Sandler at Amberly, LLC/GS Carolina to
fi110.18 acre of wetlands and 1,4211inear feet of stream channel, including 4561inear feet of perennial
streams (152 linear feet of new perennial stream impacts and 20 feet of temporary impacts) and 965 linear
feet of intermittent streams, in the Cape Fear River Basin, associated with the construction of the Sandler at
Amberly residential and commercial development in Wake and Chatham Counties, North Carolina,
pursuant to an application filed on the 22"d day of March of 2006, and received by the DWQ on the 4"' day
of April of 2006, with more information received by the DWQ on the 26`h day of April and the 25"' day of
May, 2006, and in information provided in a modification request received March 12 and July 12, 2007.
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 only valid for the purpose and design submitted in the application materials and as
described in the Public Notice. If the project is changed, prior to notification a new application for a new
Certification is required. If the property is sold, the new owner must be given a copy of the Certification
and approval letter and is thereby responsible for complying with all conditions of this Certification. Any
new owner must notify the Division and request the Certification be issued in their name. Should wetland
or stream fill be requested in the future, additional compensatory mitigation maybe required as described
in 15A NCAC 2H .0506 (h) (6) and (7). If any plan revisions from the approved site plan result in a
change in stream or wetland impact or an increase in impervious surfaces, the DWQ shall be notified in
writing and a new application for 401 Certification maybe required. For this approval to be valid,
compliance with the conditions listed below is required.
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:
Amount Approved (Units) Plan Location or Reference
404/Wetland
Stream -current cumulative impacts per Modification 0.18 acres
1,421 linear feet) PCN a e 8 of 16
PCN ages 8 and 9 of 16
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.

Sandler at Amberly LLC/GS Carolina
Mr. Bob Jones
Page 3 of 5
August 13, 2007
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 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;
Continuing Compliance:
Mr. Bob Jones and Sandler at Amberly, LLC/GS Carolina, 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 2H.0507(d). Before
modifying the Certification, the Division shall notify Mr. Bob Jones and/or Sandler at Amberly,
LLC/GS Carolina and the US Army Corps of Engineers, provide public notice in accordance with
15A NCAC 2H.0503 and provide opportunity for public hearing in accordance with 15A NCAC
2H.0504. Any new or revised conditions shall be provided to Mr. Bob Jones and/or Sandler at
Amberly, LLC/GS Carolina 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;
Stormwater:
6. Written Stormwater Management Plan (No Further Approval Needed)
The final, written stormwater management plans (including a signed and notarized Operation and
Maintenance Agreement), must be implemented and the stormwater management facilities shall
be constructed and operational before any permanent building is occupied at the subject site. The
structural stormwater practices as approved by this Office 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.

Sandler at Amberly LLC/GS Carolina
Mr. Bob Jones
Page 4 of 5
August 13, 2007
Miti agtion:
7. Compensatory Mitigation Using the Ecosystem Enhancement Program (EEP)
Note: This condition has been met through payment to the EEP by the applicant. A copy of
the EEP Receipt dated June 28, 2007 is attached.
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:
Coxri ensatory Mitigation Required River and Sub-basin Number
Stream -new im acts er Modification 152 (linear feet - erennial) Ca e Fear/03030002
Road Crossings:
8. 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.
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.
Other conditions:
Certificate of Completion
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.

Sandler at Amberly LLC/GS Carolina
Mr. Bob Jones
Page 5 of 5
August 13, 2007
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
http://h2o.enr.state.nc.us/ncwetlands. The text of the sample deed notification maybe modified as
appropriate to suit to this project.
Also, this approval to proceed with your proposed impacts onto conduct impacts to waters as
depicted in your application shall expire upon expiration of the 404 or LAMA Permit.
If this Certification is unacceptable to you, you have the right to an adjudicatory hearing upon written
request within sixty (60) days following receipt of this Certification. This request must be in the form of a
written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the
Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. If
modifications are made to an original Certification, you have the right to an adjudicatory hearing on the
modifications upon written request within sixty (60) days following receipt of the Certification. Unless
such demands are made, this Certification shall be final and binding.
This the 13a' day of August 2007
DIVISION OF WATER QUALITY
~~ ~ ~r~~
Coleen H. Sullins
AWK/cbk/~m
No. 3534

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compensatctt~ tttlti£atia~n r~quir~t„ents ctfthe ~t~t Warter Quality C'ertifi~atttttt'Set~iots ~A1~4A E?~rrttlt(s) isstued fig t,:
wave rcferertc~d project_ This receipt ~r.~cs as ttotihcati. that ytaur cvmpatnry m.itigatian rexlu.it~txtettts a~ociate~l xuith
the airthcxri~ed actia~it~~ ~ spei;.ift~ci t~efew haue lteett satisiett. Yttu mtt&t also c'~'ly with all otlt~ contlltl~rtrs of this
+thcatitan and ~~7y other state, federal crr local gcsverrrn~nt pu~rnats sir atatcaativn assct~ci~€ted wilt this activity.
The hi~PGP, by accepunue of this payment, ictt,~lecl the the Y+1CaEF.f' is re~ible for the compena$tory tnitigatictn
req~tiretttents asscx;itatr~el tvitlt tl pro~eet permit antf agrees to pruvd~a ~e ~aic~'y miti~atiun as specified in a perrnit~
`The mitigatlctn ,vil1 be performed in ac~ct,rdanoc. with the t~terrtE~rtluttt ctf tJnderstat~ tret,n €he NC 3tarttt~ettt of
ln~irtttttrtctrt and Natural [~usisttr atsc4 the U~ Art~iy t~arl?s tt~Ftigtat clateel T9ov+ernl~r ~; 1~8, itulicat~ed l~celow.

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rcirrtbttrsemettt is rived within 12 uwntits of fire dente of the tr~cei Any such request must alst, he es~%cd by levers
fratn the permitting aget~ies s~ti~g tltut tits pet~tuit ttttdlvr authcue~diQ+n have been rescinded. If you have amy questions ttr
need additional int~iartnation, p~ ccmtact l~eliy lk~`illi~xms at {~31~) 716-t~11.
Sitaet~ly,
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Thelma i-Iettimin~vay USt~Cl3 ?~filmington
Uric Kttl~ i3W(~ ICaleigh
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Certification of Completion
DWQ Project No.: County:
Applicant:
Project Name:
Date of Issuance of Certification or Authorization:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any
subsequent modifications, the applicant is required to return this certificate to the 401 OversightlExpress Permitting Unit,
North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be
returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send
certificates from -all of these.
Applicant's Certification
I, ,hereby state that, to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications,
and other supporting materials.
Signature:
Date:
Agent's Certification
I, ,hereby state that, to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications,
and other supporting materials.
Signature:
Date:
If this project was designed by a Certified Professional
I, as a duly registered Professional (i.e., Engineer,
Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically,
weekly, full time) the construction of the project, for the Permiee hereby state that, to the best of my abilities, due care
and diligence was used in the observation of the construction such that the construction was observed to be built within
substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature: Registration No. Date