20051986 Ver 6_Approval Letter_20140812

A14 M1
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
August 12, 2014
HBP Properties, LLC
Attn: H. Brantley Powell
5210 Driftwood Lane
Morehead City, NC 28557
John E. Skvarla, III
Secretary
DWR # 05 -1986 v6
Chatham County
Subject: Approval of Individual 401 Water Quality Certification with Additional Conditions
Legend Oaks Subdivision
USACE Action ID. No. SAW- 200900106
Dear Mr. Powell:
Attached hereto is a copy of Certification No. 3787 issued to HBP Properties, LLC, dated August 12,
2014. This Certification replaces the Certification issued on December 21, 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).
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.
Division of Water Resources — 401 & Buffer Permitting Unit
1617 Mail Service Center, Raleigh, North Carolina 27699 -1617
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone: [phone] FAX: 919 - 807 -6494
Intemet: www.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer — Made in part by recycled paper

Mailing address for the OAH:
If sending via US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699 -6714
Legend Oaks Subdivision
DWR# 05 -1986 V6
Individual Certification #3787
Page 2 of 6
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
and 15A NCAC 02H .0500. Contact me at 919 - 807 -6360 or karen.higgins @ncdenr.gov if you have
any questions or concerns.
Sincerely,
Karen Higgins, Supervisor
401 & Buffer Permitting Unit
cc: Trenton D. Stewart, Arcadia Consulting Engineers, PLLC, PO Box 2077, Apex, NC 27539
Andy Williams, 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
Filename: 051986v6LegendOaksSubdivision (Chatham)_401_ IC_Mod.docx

Legend Oaks Subdivision
DWR# 05 -1986 V6
Individual Certification #3787
Page 3 of 6
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #3787 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 02B .0200, to HBP Properties, LLC, who have authorization for the impacts
listed below, as described within your application dated January 21, 2009 and received by the N.C.
Division of Water Resources (Division) on January 28, 2009, by Public Notices issued by the U. S.
Army Corps of Engineers on October 13, 2006 (received by the Division on October 13, 2006) and on
January 28, 2009 (received by the Division on January 29, 2009), and subsequent information on
March 12, 2009, March 26, 2009, May 12, 2009, July 30, 2010, September 2, 2011, October 3, 2012,
November 19, 2012, May 15, 2014, June 4, 2012 and July 29, 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 additional 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
except those previously approved and listed below:
Type -of Impact
Amount Approved (units)
Amount Approved (units)
Permanent
Temporary
Stream Channel
18 (linear feet)
0 (linear feet)
(perennial)
434 (linear feet)
59 (linear feet)
The following impacts are hereby approved as previously approved by an Individual
Certification issued on December 21, 2010 and amended by the applicant's modification
request dated May 15, 2014.
Type of Impact
Amount Approved (units)
Amount Approved (units)
Permanent
Temporary
404/401 Wetlands
.006 (acres)
.009 (acres
Stream Channel
434 (linear feet)
59 (linear feet)
(perennial)
Stream Channel
20 (linear feet)
39 (linear feet)
(intermittent)

Legend Oaks Subdivision
DWR# 05 -1986 V6
Individual Certification #3787
Page 4 of 6
2. Compensatory Mitigation
Mitigation must be provided for the proposed additional impacts as specified in the table
below. The Division has received an acceptance letter from the NC Ecosystem Enhancement
Program to meet this mitigation requirement. Until the NC Ecosystem Enhancement Program
receives and clears your payment, and proof of payment has been provided to this Office, no
impacts specified in this Authorization Certificate shall occur. For accounting purposes, this
Authorization Certificate authorizes payment to the NC Ecosystem Enhancement Program to
meet the following compensatory mitigation requirement:
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 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.
4. 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.
Compensatory
Mitigation Required
River and Sub -basin
Number
Streams
18 (linear feet)
03030002
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 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.
4. 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.

Legend Oaks Subdivision
DWR# 05 -1986 V6
Individual Certification #3787
Page 5 of 6
5. 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.
6. 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.
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 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 (NCG010000), inspection log
sheets, and other information may be found at:
http: / /portal.ncdenr.org /web /wq /ws /su /npdessw#tab -w:
8. This Certification does not relieve the applicant of the responsibility to obtain all other required
Federal, State, or Local approvals.
9. Continuing Compliance
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 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 HBP Properties,
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 HBP Properties, 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

Legend Oaks Subdivision
DWR# 05 -1986 V6
Individual Certification #3787
Page 6 of 6
project.
10. 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.
11. 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 /wq /swp /ws/ 401 /certsandpermits /apply /forms).
12. 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 13th day of August 2014
Karen Higgins, Supervisor
401 & Buffer Permitting Unit
3787