20061730 Ver 1_Approval Letter_20070827

W ATF9
pG
=i
..~- `C
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 27, 2007
DWQ Project # 06-0963, Ver. 3
Wake County
Mr. Kem Ard
Wakefield Development Company
3209 Gresham Lake Road, Suite 160
Raleigh, NC 27615
Subject Property: Renaissance Park
Ut to Walnut Creek [030402, 27-34-(4), C, NSW]
Ut to Swift Creek [030402, 27-43-5-(1.5), WSIII, NSW]
Approval of 401 Water Quality Certification with Additional Conditions -MODIFICATION
Dear Mr. Ard:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 22 linear feet of perennial stream and 1,450 square feet of Zone 1 Neuse River
basin protected riparian buffer, and 0.00 square feet of Zone 1 Neuse River basin protected riparian
buffer, as described in your application dated July 25, 2007, and received by the Division of Water
Quality (DWQ) on July 26, 2007, to construct a residential development. You were previously approved
on June 30, 2006, to place fill within or otherwise impact 0.1324 acres of wetland (0.1074 acres
permanent impact, 0.0250 acres temporary impact), 331 linear feet of stream (277 linear feet permanent,
perennial stream impact, 54 linear feet permanent, intermittent stream impact), 19,438 square feet (ftZ) of
Zone 1 Neuse River basin protected riparian buffers and 9,724 square feet (ft2) of Zone 2 Neuse River
basin protected riparian buffers. This Certification replaces the Certification issued to you on June
30, 2006. After reviewing your application, we have decided that the impacts are covered by General
Water Quality Certification Number(s) 3625 (GC3625). The Certification(s) allows you to use
Nationwide Permit(s) NW 12 when issued by the US Army Corps of Engineers (USAGE). 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.
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] / Internet: h~://h2o.enr.state.nc.us/ncwetlands
1V~e Cazolina
~tura!!r~
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper

Wakefield Development Company
Page 2 of 5
August 27, 2007
The Additional Conditions of the Certification are:
I. 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:
T e of Im act Amount A roved Units Ptan Location or Reference
Stream - erennial 22 linear feet PCN a e 7 of 11
Zone i NBR Buffer 1,450 (s ware feet PCN a e 10 of 11
Zone 2 NBR Buffer 0.00 (s uare feet PCN a e 10 of 11
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 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. Culvert Installation
All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures
from the most current version of NCDOT Construction and Maintenance Activities manual
(http://www.ncdot.or doh/operations/BMP manuaUdownloadlBMP Manual.pdf)
such as sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent
excavation in flowing water.

Wakefield Development Company
Page 3 of 5
August 27, 2007
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.
Therefore, you must provide plans with adequate details that indicate that the current stability of the
stream will be maintained or enhanced. You must receive written approval from this Office for the
above plans before the culvert(s) is installed. Culvert(s) must be installed according to approved plans.
Placement of culverts and other structures in waters, streams, and wetlands must be placed below the
elevation of the streamb~d 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 dis-
equilibrium 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.
6. 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 60 calendar days from the date of this approval to make this
payment. For accounting purposes, this Authorization Certificate authorizes payment into

Wakefield Development Company
Page 4 of 5
August 27, 2007
the Wetlands Restoration Fund to meet the following compensatory mitigation
requirement:
T e of Im act Com ensator Miti ation Re uired River and Sub-basin Number
Stream - erennial 22 (linear feet) Neuse/03020201
Buffer -Zone 1 4,350 (s ware ft. Neuse/03020201
7. 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.
8. 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;
9. 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.

Wakefield Development Company
Page 5 of 5
August 27, 2007
This letter completes the review of the Division of Water Quality under Section 401 of~e Clean Water
Act. If you have any questions, please telephone Cyndi Karoly or Ian McMillan at 919 733-1786.
Sin rely,
Coleen H. Sullins, Director
Division of Water Quality
CHS/ijm
Enclosures: GC 3625
NCDWQ 401 WQC Summary of Permanent Impacts and Mitigation Requirements
Certificate of Completion
cc: USACE Raleigh Regulatory Field Office
Lauren Cobb, DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Central Files
Jason Payne, S&EC, 11010 Raven Ridge Road, Raleigh, NC 27614
Filename: 060963 Ver3RenaissancePark(Wake~01_NBR_MOD

O~O~ W A T F9QG
~ r
~ ~ _ ~ ~ '-i
p `!` -c
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
North Carolina Division of Water Quality
401 Water Quality Certification
Summary of Permitted Impacts and Mitigation Requirements
In accordance with 15A NCAC 2H.0500, Mr. Kem Ard and Wakefield Development Company, have permission to fill or
otherwise impact 22 linear feet of perennial stream and 1,450 square feet of Zone 1 Neuse River basin protected riparian
buffer, and 0.00 square feet of Zone 1 Neuse River basin protected riparian buffer, as described in your application dated
July 25, 2007, and received by the Division of Water Quality (DWQ) on July 26, 2007 [you were previously approved on
June 30, 2006, to place fill within or otherwise impact 0.1324 acres of wetland (0.1074 acres permanent impact, 0.0250
acres temporary impact), 331 linear feet of stream (277 linear feet permanent, perennial stream impact, 54 linear feet
permanent, intermittent stream impact), 19,438 square feet (ft2) of Zone 1 Neuse River basin protected riparian buffers
and 9,724 square feet (ft2) of Zone 2 Neuse River basin protected riparian buffers], to construct the proposed residential
development which is located on the northwest of the intersection of Tryon Road and South Wilmington Street, in
Raleigh, Wake County, North Carolina. All activities associated with these authorized impacts must be conducted with
the conditions listed in the attached Permit transmittal letter. THIS CERTIFICATION IS NOT VALID WITHOUT THE
ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENTS, ECOSYSTEM ENHANCEMENT PROGRAM
DWQ PROJECT #: 20060963, Ver. 3
LOCATION: Raleigh
COUNTY Wake
BASIN/ SUB BASIN Neuse/03020201
As required by 15A NCAC 2H.0500, and the conditions of this Certification, you are required to compensate for the
above mitigable impacts through the restoration, creation, enhancement or preservation of wetlands, surface waters and
riparian buffers as outlined below prior to conducting any activities that impact or degrade the waters of the state.
Note: Acreage requirements proposed to be mitigated through the Ecosystem Enhancement Program must be rounded
to one-quarter acre increments and linear foot requirements must be rounded up to the nearest foot according to
15 2R.0503(b).
Im acts Miti anon
22 Linear Feet of Perennial Stream 22 Linear Feet of Perennial Stream
1,450 S uare Feet Zone 1 Buffers 4,350 S ware Feet Zone 1 Buffers
One of the options you have available to satisfy the compensatory mitigation requirement is through the payment of a fee
to the Wetlands Restoration Fund per NCAC 2R.0503. If you choose this option, please sign this form and mail the form
along with a copy of your 401 Certification or Buffer Approval to the Ecosystem Enhancement Program at the address
below. An invoice for the appropriate amount of payment will be sent to you upon receipt of this form. PLEASE NOTE,
THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE NOTIFICATION THAT YOUR
PAYMENT HAS BEEN PROCESSED BY THE ECOSYTEM ENHANCMENT PROGRAM.
Signature Date
ECOSYSTEM ENHANCEMENT PROGRAM
1652 Mail Service Center
RALEIGH, N.C. 27699-1652
[phone]
Filename: 060963 Ver3RenaissancePark(Wake}401_NBR_MOD_EEP
No°iihCarolina
401 Oversight/Express Review Permitting Unit ~Ll~llCQ~~I,
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone [phone] / Fax [phone]
Internet: http://www.ncwaterquality.org
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper

Certification of Completion
DWQ Project No.:
Applicant:
Project Name:
County:
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 Oversight/Express 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,
used in the observation of the
compliance and intent of the 401
and other supporting materials.
Signature:
Agent's Certification
Date:
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.
hereby state that, to the best of my abilities, due care and diligence was
construction such that the construction was observed to be built within substantial
Water Quality Certification and Buffer Rules, the approved plans and specifications,
Signature: Registration No. Date