20070453 Ver 2_Approval Letter_20070919

~~F W A TF9p Michael F. Easley, Governor
`0 t'i William G. Ross Jr., Secretary
~ r North Carolina Department of Environment and Natural Resources
~ ~
0 ~ Coleen H. Sullins, Director
Division of Water Quality
September 19, 2007
DWQ Project # 07-0453, Ver. 2
Wake County
Mr. Pablo Reiter
Panther Rock, LLC
6736 Falls of the Neuse Road, Suite 201
Raleigh, NC 27615
Subject Property: Panther Rock Subdivision
Ut to Neuse River [030402, 27-(22.5), 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
Dear Mr. Reiter:
You have our approval, in accordance with the attached conditions and those listed below, to
place fill within or otherwise impact 0.046 acres of 404/wetland, 143 linear feet of perennial
stream (113 permanent stream impact and 301inear feet temporary impact), 7,750 square feet of
Zone 1 Neuse River basin protected riparian buffers, and 5,000 square feet of Zone 2 Neuse
River basin protected riparian buffers, as described in your application dated July 3, 2007, and
received by the Division of Water Quality (DWQ) on July 5, 2007, with additional information
received from you on August 23, 2007, September 10, 2007 and September 11, 2007, to
construct the proposed residential subdivision. After reviewing your application, we have
decided that the impacts are covered by General Water Quality Certification Number(s) 3631
(GC3631). The Certification(s) allows you to use Nationwide Permit(s) NW29 when issued by
the US Army Corps of Engineers (USAGE). Finally, this letter shall also act as your approved
Authorization Certificate for impacts to the protected riparian buffers per 15A NCAC 2B .0233.
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: htto://h2o.enr.state.nc.us/ncwetlands
None hCarolina
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An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper

Panther Rock, LLC
Page 2 of 5
September 19, 2007
The Additional Conditions of the Certification are:
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:
T e of Im act Amount A roved Units Reference
404 Wetlands 0.046 (acres PCN a e 5 of 10
Stream -perennial 143 [(linear feet) (113 permanent stream
im act and 30 linear feet tem or im act ] PCN page 5 of 10
Buffers Zone 1 7,750 (s ware ft. PCN a e 9 of 10
Buffers Zone 2 5,000 (s ware ft. PCN a e 9 of 10
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;

Panther Rock, LLC
Page 3 of 5
September 19, 2007
5. 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 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/Wetlands Unit web site at
http://h2o.enr.state.nc.us/ncwetlands. The text of the sample deed notification may be
modified as appropriate to suit to this 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 to
ensure compliance with 15ANCAC 2B .0233 and GC3631;
7. 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 /dg oh/operationsBMP manual/downloadBMP Manual.pdf)
such as sandbags, rock berms, cofferdams and other diversion structures shall be used to
prevent excavation in flowing water.
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 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

Panther Rock, LLC
Page4of5
September 19, 2007
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.
8. Written Stormwater Management Plan (Final 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.
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.

Panther Rock, LLC
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September 19, 2007
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.
This letter completes the review of the Division of Water Quality under Section 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.
CHS/ijm
Enclosures: GC3631
Certificate of Completion
Sinc ely,
Coleen H. Sullins, Director
cc: USACE Raleigh Regulatory Field Office
Lauren Cobb, DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Central Files
Nikki Thomson, S&EC, P.A., 11010 Raven Ridge Road, Raleigh, NC 27614
Filename: 070453 Ver2PantherRockSD(Wake)401_NBR

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, ,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:
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 Permittee 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