20061151 Ver 7_More Info Received_20140514

Burdette, Jennifer a
From: Bob Zarzecki [bzarzecki @sandec.com]
Sent: Wednesday, May 14, 2014 8:24 AM
To: Lastinger, James C SAW
Cc: Burdette, Jennifer a
Subject: RE: Salem Village (UNCLASSIFIED)
Attachments: SALEM VILLAGE IP Modification - Response to USACE May 14, 2014 Letter.pdf
Importance: High
We appreciate the advanced - - - find attached our •• - I'm available if you
�w.uestions or require additional information.
Sincerely,
From: Lastinger, James C SAW [ mailto:J ames .C.Lastinger(a)usace.army.mil]
Sent: Tuesday, May 13, 2014 2:59 PM
To: Bob Zarzecki
Subject: Salem Village (UNCLASSIFIED)
Classification: UNCLASSIFIED
Caveats: NONE
:..
A hard copy is forth coming. Here is the letter so you can get your response together for me. Let me know if you need
anything or have any questions
James Lastinger
Regulatory Specialist
Raleigh Regulatory Field Office
US Army Corps of Engineers, Wilmington District
ADDRESS: 3331 Heritage Trade Drive, Suite 105 Wake Forest, NC 27587

Tel: [phone], x32
Fax: [phone]
Regulatory Homepage: http: / /www.saw.usace.army.mil /WETLANDS
The Wilmington District is committed to providing the highest level of support to the
public. To help us ensure we continue to do so, please complete the Customer Satisfaction
Survey located at http : / /regulatory.usacesurvey.com /.
Classification: UNCLASSIFIED
Caveats: NONE
2

Environmental Consultants,
8412 Falls of Neuse Read, Suite 104, Raleigh, NC 27615 - Phone: (919) £346 -5900
smdec.com
To: US Army Corps of Engineers (USACE)
Raleigh Regulatory Field Office
Attn: James Lastinger
3331 Heritage Trade Drive, Ste.105
Wake Forest, NC 27587
Response to USACE Letter
May 14, 2014
S &EC Project # 9139.P3
N.C. Division of Water Resources (DWR)
401 & Buffer Permitting Unit
Attn: Jennifer Burdette
512 N. Salisbury Street (9th Floor Archdale Bldg.)
Raleigh, NC 27604
From: Bob Zarzecki
Soil & Environmental Consultants, P.A. (S &EC)
8412 Falls of Neuse Road, Suite 104
Raleigh, NC 27615
Re: Individual Permit & Certification Modification Request
SALEM VILLAGE SUBDIVISION, Apex, Wake County, NC
Phase 2 (Non - permitted Impacts) & Phase 3
USACE SAW- 2010 -01848 / DWR Certification No. 3937 (DWQ #2006 -1151)
RESPONSE TO USACE LETTER DATED May 14, 2014.
Mr. Lastinger:
On behalf of the owners, Standard Pacific of the Carolinas, LLC (StanPac), we hereby provide the
following responses to the USACE letter dated May 14, 2014 and associated letter from the Neuse
Riverkeeper Foundation dated April 24, 2014.
Responses to the USACE May 14, 2014 Letter:
1. It is necessary for you to have taken all appropriate and practical steps to reduce waters
and wetland losses. Please provide information on the justification for the proposed fills,
showing that you have done all you can especially regarding modification of plans to
reduce adverse impacts. Please provide information on avoidance and minimization,
primarily through the relocation or spanning of the proposed Padstone Drive and
relocation of Bodwin Lane, which would avoid and minimize potential impacts to 137
linear feet of stream channel and 0.0318 acres of jurisdictional wetlands.
Impact #1 - Sheet 1 / Intermittent Stream Impact = 137 If (0.009 ac) of intermittent stream is
proposed to be impacted to construct Padstone Drive extension. This is required to access
properties along the eastern property boundary, to construct the proposed Wragby Lane and
associated lots and stormwater BMP. This road will also provide a connection to the adjacent
(but separate, as confirmed by the USACE) James Street Station development to the east.
SALEM VILAGE IP Modification Request — Response May 14, 2014
Page 1 of 3

The stream runs through the property and as such crossing it is the only way to gain access to
the available upland areas to the east. The impacts have been minimized as much as practicably
by designing the crossing with steep shoulders and using headwall structures. It is cost
prohibitive to use a span structure in this location. Also, the use of a span would require the
decking or top of bottomless culver to be low and would not provide adequate height to maintain
a stable stream channel and would at the very least require the stream to be riprapped. For these
reasons as well as long term maintenance, the applicant has proposed the use of a pipe which is
a standard construction practice for a stream of this size and nature.
Impact #13 — Jurisdictional Wetland Impact = 0.0318 acres of jurisdictional wetland proposed to
be impacted to construct Bodwin Lane. Bodwin Lane is a single - loaded street (lots only on one
side) providing safe driveway access to seven (7) single family residential lots. Again, these lots
could not be constructed without this street because driveway access to Apex Peakway is not
permissible by the Town given that it is a major thoroughfare loop road to connect other major
routes. The project has been designed to stop the impacts short of the protected riparian buffer
and thereby allow for protection of the stream to the west. Re- aligning the street to the east to
avoid the impact would result in the inadequate lot depths and thereby the loss of the seven lots.
2. Please provide a final and complete compensatory mitigation plan to offset impacts to
aquatic features from the proposed project. This includes but is not limited to: justification
as to the specific type of mitigation to be used (i.e. mitigation bank, in -lieu fee, on -site, or
off -site mitigation), financial assurances, easement holders, restoration plans, monitoring
plans, etc. Please be reminded that no Department of the Army (DA) permit can be
authorized without the submittal, review and approval of a final compensatory mitigation
plan.
Mitigation:
The owner has already made the mitigation payments to the N.C. Ecosystem Enhancement
Program (EEP) for the required 474 feet of stream mitigation per the 2012 Individual Permit, 417
feet of stream mitigation per the previous 2010 Nationwide Permit(s), and 0.75 acres of riparian
wetlands mitigation (rounded up to' /4 acre, required mitigation was only 0.586 acres) per the
2010 Nationwide Permit (invoices & receipts attached). Mitigation payments to date totaled
$360,613.50.
The new impacts to 0.0565 acres of wetlands in addition to the previously approved impacts would still not
exceed the 1 -acre DWR mitigation threshold and as such no mitigation should be required by DWR for these
additional impacts. The USACE would require mitigation for this additional impact, however StanPac
already paid for an equivalent amount of 0.75 acres of riparian wetland mitigation credits given the EEP' /4
acre rounding requirement, and as such the mitigation for these additional impacts has already been
satisfied.
StanPac has already purchased 891 feet of stream mitigation credits for 486 feet of stream impacts,
resulting in a delta of 405 feet. The newly proposed 137 feet of intermittent stream impact would fall within
this delta and as such the DWR requirement of 1:1 mitigation ratio has been satisfied. The USACE has
determined that mitigation will not be required for this impact to this intermittent stream lacking significant
aquatic function.
3. Indicate if any fill is expected within a FEMA designated floodplain.
SALEM VILAGE IP Modification Request — Response May 14, 2014
Page 2 of 3
Impact
Mitigation
Requiring
Impact Requiring
Total Impact
Required
Amount
Mitigation
Mitigation (2012)
Mitigation
Purchased
(2010)
Stream
269
217
486
891
891
Riparian
0.293
0
0.293
0.586
0.75
Wetlands
The new impacts to 0.0565 acres of wetlands in addition to the previously approved impacts would still not
exceed the 1 -acre DWR mitigation threshold and as such no mitigation should be required by DWR for these
additional impacts. The USACE would require mitigation for this additional impact, however StanPac
already paid for an equivalent amount of 0.75 acres of riparian wetland mitigation credits given the EEP' /4
acre rounding requirement, and as such the mitigation for these additional impacts has already been
satisfied.
StanPac has already purchased 891 feet of stream mitigation credits for 486 feet of stream impacts,
resulting in a delta of 405 feet. The newly proposed 137 feet of intermittent stream impact would fall within
this delta and as such the DWR requirement of 1:1 mitigation ratio has been satisfied. The USACE has
determined that mitigation will not be required for this impact to this intermittent stream lacking significant
aquatic function.
3. Indicate if any fill is expected within a FEMA designated floodplain.
SALEM VILAGE IP Modification Request — Response May 14, 2014
Page 2 of 3

No fill to will occur in the FEMA mapped floodplains. The closest FEMA mapped flooplain
is almost a mile downstream on the other side of 540 near the 540/US -1 intersection. See
attached exhibit showing Salem Village in relation to the floodplain.
4. Address any concerns and comments raised from the public and other state and federal
agencies during the public notice period Specifically pertaining to a stormwater plans.
These letters will be attached as exhibits to this letter.
See responses below to the recommendations made in the Neuse Riverkeeper
Responses to the April 24, 2104 Letter:
1. Sedimentation and Erosion Control measures designed to exceed basic stormwater
management must be designed, constructed, and maintained properly for the entire site,
including f lture construction;
The development is held to fill compliance with sediment and erosion control measures
which is further required as per conditions 5, 6 & 7 of the attached 401 Certification
issued for these impacts on May 5, 2014.
2. Alternatives to the proposed stream and wetland impacts by Standard Pacific of the
Carolinas, LL(' must be considered to determine a best course of action to have as little
additional impacts on streams and wetlands as possible.
Please see responses above to any minimization and avoidance concerns. The developer
has made every effort to minimize and avoid these impacts. The need for housing in the area
is very strong and having to request this modification has caused significant delays which
they certainly would have avoided if at all possible.
Please let us know if you require any additional information to modify your existing permits.
We appreciate your assistance in this matter.
Sincerely,
Soil & Environmental Consultants, PA
Bob Zarzeeki Digitally cnlysignedby Bob Zarzeeki
DN: cn =Bob Zarzeeki, o =S &EC, PA, ou= Wetlands Department, email =6za rzecki @sandec.com, -US
Date: 2014.05.14 08:20:21 - 04'00'
Bob Zarzeeki
Wetlands Department Manager
Attachments:
USACE Letter dated May 14, 2014 (including Neuse River Keeper letter)
FEMA Floodplain Exhibit Map
DWR Approval dated May 5, 2014
SALEM VILAGE IP Modification Request — Response May 14, 2014
Page 3 of 3

May 14, 2014
Regulatory Division
Action ID. SAW- 2010 -01848
Standard Pacific of the Carolinas, LLC
Attn: Grey Methven
1600 Perimeter Park, suite 125
Morrisville, NC 27560
Dear Mr. Methven:
Reference your application for Department of the Army (DA) authorization to permanently
impact 137 linear feet of unnamed tributary to Big Branch, and 0.138 acres of jurisdictional
wetlands associated with phases 2, 2c, and 3 of the Salem Village subdivision. The project, is
bordered to the north and west by South Salem Street, and to the east by Tingen Road, in the
town of Apex, Wake County North Carolina. Coordinates (in decimal degrees) for the site are
36.71360 North, - 78.8647 West. The site is located in the Cape Fear River Basin (8 -Digit
Cataloging Unit 03030004).
On February 6, 1990, the DA and the U.S. Environmental Protection Agency (EPA) signed a
memorandum of agreement (MOA) establishing procedures to determine the type and level of
mitigation necessary to comply with the Clean Water Act Section 404(b)(1) Guidelines. This
MOA provides for first, avoiding impacts to waters and wetlands through the selection of the
least damaging, practical alternative; second, taking appropriate and practical steps to reduce
impacts on waters and wetlands; and finally, compensating for any remaining unavoidable
impacts to the extent appropriate and practical. To enable us to process your application in full
compliance with this MOA, we request that you provide the following additional information:
It is necessary for you to have taken all appropriate and practical steps to reduce
waters and wetland losses. Please provide information on the justification for the
proposed fills, showing that you have done all you can especially regarding
modification of plans to reduce adverse impacts. Please provide information on
avoidance and minimization, primarily through the relocation or spanning of the
proposed Padstone Drive and relocation of Bodwin Lane, which would avoid and
minimize potential impacts to 137 linear feet of stream channel and 0.0318 acres
of jurisdictional wetlands.

2. Please provide a final and complete compensatory mitigation plan to offset
impacts to aquatic features from the proposed project. This includes but is not
limited to: justification as to the specific type of mitigation to be used (i.e.
mitigation bank, in -lieu fee, on -site, or off -site mitigation), financial assurances,
easement holders, restoration plans, monitoring plans, etc. Please be reminded
that no Department of the Army (DA) permit can be authorized without the
submittal, review and approval of a final compensatory mitigation plan.
3. Indicate if any fill is expected within a FEMA designated floodplain.
4. Address any concerns and comments raised from the public and other state and
federal agencies during the public notice period. Specifically pertaining to a
stormwater plans. These letters will be attached as exhibits to this letter.
This information is essential to our expeditious processing of your application and it
should be forwarded to us by June 13, 2014, or we will be forced to withdraw your application.
Also, a copy of this information should be sent to the North Carolina Division of Water
Resources to enable them to adequately evaluate your application for a Water Quality
Certification pursuant to Section 401 of the Clean Water Act.
You should contact me at 919 -554 -4884, extension 32, if you have any questions
regarding this requirement.
Sincerely,
Jean Gibby
Raleigh Field Office Chief
Raleigh Regulatory Field Office
Copy Furnished w/ attachements:
Soil and Environmental Consultants
Attn: Bob Zarzecki
8412 Falls of Neuse Rd., suite 104
Raleigh, NC 27615
Copy Furnished:

Ms. Karen Higgins
North Carolina Division of Water Resources (NCDWR)
1650 Mail Service Center
Raleigh, NC 27699

April 24, 2014
Mr. James Lastinger
Raleigh Regulatory Field Office
3331 Heritage Trade Dr.
Suite 105
Wake Forest NC 27587
Michael Deaton
Environmental Programs
105 Upchurch St.
Apex NC 27502
NEUSE
w
FOUNDATION
Advocate I Educate I Protect
Karen Higgins
401 and Buffer Permitting Unit
512 North Salisbury St.
Raleigh, NC 27604
RE: Corps Action ID #: SAW- 2010 -01848
Application by Standard Pacific of the Carolinas, LLC for work regulated by Section 404 of the Clean Water
Act
Comments on Salem Village 404 Permit
The Salem Village subdivision development has had a number of large impacts on the quality and functionality
of Big Brach and its tributaries. The majority of negative impacts on the water quality and functionality to Big
Branch and tributaries are a result of construction activities (individual lots and road construction), failing Best
Management Practices (BMPs), and a failure to control stormwater runoff on site.
My concern is that additional wetland and steam impacts along with the impacts and water pollution currently
taking place on site will lead to a much larger degradation of water quality and over all functionality of Big
Brach and in turn will lead to poor water quality downstream to White Oak Creek and Harris Lake. With the
growing population of the Middle Cape Fear River Basin, stream functionality and downstream impacts must be
taken into consideration when asking for additional onsite stream and wetland impacts.
I recommend that you place the following conditions on Salem Village Section 404 permit.
Sedimentation and Erosion Control measures designed to exceed basic stormwater management must be
designed, constructed, and maintained properly for the entire site, including future construction;
2. Alternatives to the proposed stream and wetland impacts by Standard Pacific of the Carolinas, LLC must
be considered to determine a best course of action to have as little additional impacts on streams and
wetlands as possible.
Thank you for your consideration of this information.
Sincerely,
A-�9�
Matthew Starr
Upper Neuse Riverkeeper
19 W. Hargett St. STE 208 .A-- 2207 Trent Boulevard
Raleigh, NC 27601 New Bern, NC 28562
[phone] WAT$R"H$p�MEMBER (252) 637 -7972
www.neuseriver.org

Salem Village - FEMA Mapped Floodplains
N
0 800 1,600 3,200 Feet
1 inch = 1,600 feet
Disclaimer
Maps makes every effort to produce and publish
the most current and accurate information possible.
However, the maps are produced for information purposes,
and are NOT surveys. No warranties, expressed or implied
,are provided for the data therein, its use, or its interpretation.

• North Carolina Department of Environment and Natural Resources
rwA
NCDENR
Pat McCrory John E. Skvarla, III
Governor Secretary
May 5, 2014
DWR # 06 -1151 V7
Wake County
Standard Pacific of the Carolinas, LLC
c/o Standard Pacific Homes — Morrisville Office
Attn: Mr. Grey Methven
1600 Perimeter Park, Ste 125
Morrisville, NC 27560
Subject: Approval of Individual 401 Water Quality Certification and Isolated and Other Non-
404 Jurisdictional Wetlands and Waters General Permit with Additional Conditions
Salem Village Subdivision
USACE Action ID. No. SAW- 2010 -01848
Dear Mr. Methven:
Attached hereto is a copy of Certification No. 3937 issued to Grey Methven and Standard
Pacific of the Carolinas, LLC, dated May 5, 2014. This certification replaces the previous
certification issued on August 1, 2012. Please note that you should get any other federal,
state or local permits before proceeding with the subject project, including those required by
(but not limited to) Sediment and Erosion Control, Non - Discharge, and Water Supply
Watershed regulations.
This approval and its conditions are final and binding unless contested. This Certification can be
contested 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 (hereby known as OAH) within
sixty (60) calendar days.
A petition form may be obtained from the OAH at http: / /www.ncoah.com/ or by calling the OAH
Clerk's Office at (919) 431 -3000 for information. A petition is considered filed when the original
and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal
office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state
holidays).
Division of Water Resources — 401 & Buffer Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699 -1650
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone: 919 - 807 -63001 FAX: 919 - 807 -6494
Internet: www.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer - Made in part by recycled paper

Standard Pacific of the Carolinas, LLC
DWR# 06 -1151 V7
Individual Certification #3937
Page 2 of 9
The petition may be faxed to the OAH at (919) 431 -3100, provided the original and one copy of the
petition along with any applicable OAH filing fee is received by the OAH within five (5) business
days following the faxed transmission.
Mailing address for the OAH:
If sending via US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699 -6714
If sending via delivery service (UPS,
FedEx, etc):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609 -6285
One (1) copy of the petition must also be served to DENR:
Lacy Presnell, 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.
This certification completes the review of the Division under section 401 of the Clean Water Act,
Isolated Wetlands and Isolated Waters Rules and 15A NCAC 02H .0500. Contact Cherri Smith at
919 - 791 -4251 or cherri.smith @ncdenr.Rov or Jennifer Burdette at 919 - 807 -6364 or
iennifer.burdette @ncdenr.g ov if you have any questions or concerns.
cc: Bob Zarzecki, Soil & Environmental Consultants, Inc., 8412 Falls of Neuse Road, Ste 104,
Raleigh, NC 27615
USACE Raleigh Regulatory Field Office
Todd Bowers, EPA, Sam Nunn Federal Center, 61 Forsyth Street SW, Atlanta, GA 30303
DWR RRO 401 files
DWR 401 & Buffer Permitting Unit files

Standard Pacific of the Carolinas, LLC
DWR# 06 -1151 V7
Individual Certification #3937
Page 3 of 9
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #3937 is issued in conformity with the requirements of Section 401, Public Laws 92-
500 and 95 -217 of the United States and subject to North Carolina's Regulations in 15 NCAC 02H
.0500 and 15A NCAC 02H .1300, to Grey Methven and Standard Pacific of the Carolinas, LLC, who
have authorization for the impacts listed below, as described within your application received by the
N.C. Division of Water Resources (Division) on April 1, 2014, and by Public Notice issued by the U. S.
Army Corps of Engineers and received by the Division on April 9, 2014.
The State of North Carolina certifies that this activity will not violate the applicable portions of
Sections 301, 302, 303, 306, 307 of the Public Laws 92 -500 and PL 95 -217 if conducted in
accordance with the application, the supporting documentation, and conditions hereinafter set
forth.
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 to
wetlands, streams, and /or buffers, are approved including incidental impacts:
Type of Impact
Amount Approved (units)
Permanent
Amount Approved (units)
Temporary
Stream Channel
(intermittent)
137 (linear feet)
0 (linear feet)
404/401 Wetlands
0.0318 (acres)
0 (acres)
Isolated Wetlands
0.0247 (acres)
0 (acres)
The following impacts are hereby approved as previously approved by a General Certification
issued on December 8, 2010 and an Individual Certification issued on August 1, 2012.

Standard Pacific of the Carolinas, LLC
DWR# 06 -1151 V7
Individual Certification #3937
Page 4 of 9
Type of Impact
Amount Approved (units)
Amount Approved (units)
Stream
Permanent
Temporary
Stream Channel
385 (linear feet)
42 (linear feet)*
(perennial)
*221f approved in 2010 were
converted to permanent
impacts in 2012
Stream Channel
121 (linear feet)
27 (linear feet)
(intermittent)
Open Waters
NA
0.01 (acres)
404/401 Wetlands
0.293 (acres)
0.057 (acres)
2. Stormwater Management Plan
You are required to provide one copy of the approved SMP for each phase of the project,
including plan details on full -sized plan sheets, with proof of Town of Apex's approval. The
approved SMP shall be submitted to the DWR 401 & Buffer Permitting Unit (1650 Mail Service
Center, Raleigh, NC 27699 -1650) before any impacts authorized in this certification occur.
Submittal of the plans and approval documents may be provided electronically to
[e-mail] in lieu of providing paper copies. After it is approved and
submitted to the Division, the SMP may not be modified without prior written authorization
from the Town of Apex. If the SMP is modified in the future, then you shall provide one
modified SMP with proof of approval to the DWR 401 & Buffer Permitting Unit prior to the
commencement of the modifications.
3. Compensatory Mitigation Using the Ecosystem Enhancement Program (EEP)
Mitigation must be provided for the previously approved and proposed impacts as specified in
the table below. For accounting purposes, this Authorization Certificate authorizes payment to
the EEP to meet the following compensatory mitigation requirement:
The Division has received proof of payments dated January 24, 2011 and December 11, 2012
from the NC Ecosystem Enhancement Program (EEP) for to meet this mitigation requirement.
Compensatory
Mitigation Required
River and Sub -basin
Number
Stream
643 (feet)
Cape Fear 03030004
Wetlands
0.35 (acres)
Cape Fear 03030004
The Division has received proof of payments dated January 24, 2011 and December 11, 2012
from the NC Ecosystem Enhancement Program (EEP) for to meet this mitigation requirement.

Standard Pacific of the Carolinas, LLC
DWR# 06 -1151 V7
Individual Certification #3937
Page 5 of 9
4. 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 for this
project. 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. Approved plans
and specifications for this project are incorporated by reference and are enforceable parts of
this permit.
5. Sediment and Erosion Control
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 and if applicable, comply with the specific conditions and requirements
of the NPDES Construction Stormwater Permit issued to the site:
a. 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.
b. 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.
c. Reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act and the
Mining Act of 1971.
d. Sufficient materials required for stabilization and /or repair of erosion control measures
and stormwater routing and treatment shall be on site at all times.
6. Sediment and erosion control measures shall not be placed in wetlands or waters. Exceptions
to this condition require application submittal to and written approval by the Division. If
placement of sediment and erosion control devices in wetlands and waters is unavoidable,
then design and placement of temporary erosion control measures shall not be conducted in a
manner that may result in dis- equilibrium of wetlands, stream beds, or banks, adjacent to or
upstream and downstream of the above structures. All sediment and erosion control devices
shall be removed and the natural grade restored within two (2) months of the date that the
Division of Energy, Mineral and Land Resources (DEMLR) or locally delegated program has
released the specific area within the project.

Standard Pacific of the Carolinas, LLC
DWR# 06 -1151 V7
Individual Certification #3937
Page 6 of 9
7. Construction Stormwater Permit NCG010000
An NPDES Construction Stormwater Permit is required for construction projects that disturb
one (1) or more acres of land. This Permit allows stormwaterto 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 (NCG010000), inspection log
sheets, and other information may be found at:
f� o rta l. n cd e n r. o rg /web /wg /ws /s u/n p d e s
tab-w.
8. 8. Work in the Dry
All work in or adjacent to stream waters shall be conducted so that the flowing stream does
not come in contact with the disturbed area. Approved best management practices from the
most current version of the NC Sediment and Erosion Control Manual, or the NC DOT
Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams,
and other diversion structures shall be used to minimize excavation in flowing water.
9. If concrete is used during the construction, then all necessary measures shall be taken to prevent
direct contact between uncured or curing concrete and waters of the state. Water that
inadvertently contacts uncured concrete shall not be discharged to waters of the state due to
the potential for elevated pH and possible aquatic life /fish kills.
10. Placement of Culverts and Other Structures in Waters and Wetlands
Culverts required for this project shall be installed in such a manner that the original stream
profiles are not altered and to allow for aquatic life movement during low flows. Existing
stream dimensions (including the cross section dimensions, pattern and longitudinal profile)
must be maintained above and below locations of each culvert.
Placement of culverts and other structures in waters, streams must be below the elevation of
the streambed by one (1) 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.
Installation of culverts in wetlands must ensure continuity of water movement and be
designed to adequately accommodate high water or flood conditions. Additionally, when
roadways, causeways, or other fill projects are constructed across FEMA- designated floodways
or wetlands, openings such as culverts or bridges must be provided to maintain the natural
hydrology of the system as well as prevent constriction of the floodway that may result in
destabilization of streams or wetlands.

Standard Pacific of the Carolinas, LLC
DWR# 06 -1151 V7
Individual Certification #3937
Page 7 of 9
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.
11. All temporary fill and culverts shall be removed and the impacted area returned to natural
conditions, within 60 days of the determination that the temporary impact is no longer
necessary. The impacted areas shall be restored to original grade, including each stream's
original cross sectional dimensions, plan form pattern, and longitudinal bed and bed profile, and
the various sites shall be stabilized with natural woody vegetation (except approved
maintenance areas) and restored to prevent erosion.
12. All temporary pipes /culverts /riprap pads etc, shall be installed in all streams as outlined in the
most recent edition of the North Carolina Sediment and Erosion Control Planning and Design
Manual so as not to restrict stream flow or cause dis- equilibrium.
13. Any riprap required for proper culvert placement, stream stabilization, or restoration of
temporarily disturbed areas shall be restricted to the area directly impacted by the approved
construction activity. All riprap shall be buried and /or "keyed in" such that the original stream
elevation and streambank contours are restored and maintained. Placement of riprap or other
approved materials shall not result in de- stabilization of the stream bed or banks upstream or
downstream of the area.
14. Any riprap used for stream stabilization shall be of a size and density so as not to be able to be
carried off by wave, current action, or stream flows and consist of clean rock or masonry
material free of debris or toxic pollutants. Riprap shall not be installed in the streambed except
in specific areas required for velocity control and to ensure integrity of bank stabilization
measures.
15. A one -time application of fertilizer to re- establish vegetation is allowed in disturbed areas
including riparian buffers, but is restricted to no closer than 10 feet from top of bank of streams.
Any fertilizer application must comply with all other Federal, State and Local regulations.

Standard Pacific of the Carolinas, LLC
DWR# 06 -1151 V7
Individual Certification #3937
Page 8 of 9
16. Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands,
waters and protective buffers within the project boundaries 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 401 &Buffer Permitting Unit website at
httpl /portal.ncdenr.org/ web /wq /swp /ws /401 /certsandpermits a I forms. The text of the
sample deed notification may be modified as appropriate to suit to this project. Documentation
of deed notifications shall be provided to the Division upon request.
17. This Certification does not relieve the applicant of the responsibility to obtain all other required
Federal, State, or Local approvals.
18. Continuing Compliance
Grey Methven and Standard Pacific of the Carolinas, 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 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. Before modifying the Certification,
the Division shall notify Grey Methven and Standard Pacific of the Carolinas, LLC and the U.S.
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 Grey Methven and Standard Pacific of the Carolinas,
LLC in writing, shall be provided to the U.S. 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.
19. This approval is for the purpose and design described in your application and as described in the
Public Notice. The plans and specifications for this project are incorporated by reference and are
an enforceable part of the Certification. If you change your project, you must notify the Division
and you may be required to submit a new application package with the appropriate fee. If the
property is sold, the new owner must be given a copy of this Certification and is responsible for
complying with all conditions. Any new owner must notify the Division and request the
Certification be issued in their name.
20. The applicant and /or authorized agent shall provide a completed Certificate of Completion Form
to the DWR 401 & Buffer Permitting Unit within ten days of project completion (available at:
http: //portal.ncdenr.org web/wg /swp /ws/401 certsandpermits a I forms).

Standard Pacific of the Carolinas, LLC
DWR# 06 -1151 V7
Individual Certification #3937
Page 9 of 9
21. 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. The conditions in
effect on the date of issuance shall remain in effect for the life of the project, regardless of the
expiration date of this Certification.
Non - compliance with or violation of the conditions herein set forth may result in revocation of this
Certification and may also result in criminal and /or civil penalties.
This the 5th day of May 2014
OA1)V1_ 4i� `AT
Karen Higgins, Supervisor
401 & Buffer Permitting Unit
KAH /jab
3937