20050060 Ver 1_Approval Letter_20050411

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Michael F. Easley, Govcmor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
April 11, 2005
Mr. Greg Ferguson
Underwood Farms, LLC Mercury Dev
5660 Six Forks Road, Suite # 202
Raleigh, NC 27609
Subject Property: Underwood Farms Subdivision
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Ferguson:
Alan W. Klimek, P.E. Director
Division of Water Quality
DWQ Project # OS-0060
Wake County
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 0.34 acres of wetlands, 14810 square feet of riparian buffers and 124 linear
feet of streams for the purpose of residential construction at the subject property, as described within your
application dated January 10, 2005 and received by the N.C. Division of Water Quality (DWQ) on
January 12, 2005. After reviewing your application, we have decided that the impacts are covered by
General Water Quality Certification Number(s) 3404 and 3374, and (GC3404, 3374). The Certification(s)
allows you to use Nationwide Permit(s) 14, 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, Neuse Buffer Rules 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 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 maybe 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.
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:
401 Oversight/Express Review Unit
1650 Mail Service Center, Raleigh, NoNt Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] / Internet htto:l/h2o.enr.state.nc.us/ncwetlands
No~C Carolina
~frrra!!~
An Equal OpportunitylAffirmative Action Employer- 50% Recycledll0% Post Consumer Paper

Underwood Farms subdivision
Page 2 of 3
April 11, 2005
Amount Approved
Units Plan Location or Reference
404 Wetlands 0.34 (acres PCN and other a lication materials
Streams 1241inear Feet PCN and other a lication materials
Buffers 14810 S uare feet PCN and other a lication materials
2. Erosion & Sediment Control Practices
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 Caroli~ia
Sediment a~zd 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 acid 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.
3. 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.
4. No Sediment & Erosion Control Measures w/n Wetlands or Waters
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. Storm water Management Plan
A final written Storm water management plan, and Maintenance Practices shall be approved in
writing by this office prior to the impacts associated with construction of any permanent facilities
at the subject site. The stormwater management facilities shall be designed to remove 85% TSS
according to the latest version of DWQ's Stormwater Best Management Practices manual at a
minimum. The storm water facilities must be designed to treat the runoff from the entire project,
unless otherwise explicitly approved by the Division of Water Quality. Also, before any
permanent building is occupied at the site, the facilities as approved by this office shall be
constructed and operational; and storm water management plan as approve by this office shall be
implemented.

Underwood Farms subdivision
Page 3 of 3
April 11, 2005
The storm water practices as approved by this office as well as the drainage patterns must be
maintained in perpetuity. No changes to the structural storm water practices shall be made
without written authorization from the Division of Water Quality. .
6. 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" Form to the 401/Wetlands 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 Pern~it.
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.
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 Sam A. Aghimien, at 919-733-3574.
CBK/SAA
Enclosures: GC 3404 / GC 3374
Certificate of Completion
cc: USACE Raleigh Regulatory Field Office
DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Central Files
Sincerely,
t '~
Alan W. Klimek, P.E.
Pam Kistner PE, 2301 Rexwoods Drive Suite # 200 Raleigh NC. 27607
Filename: OS-0060 Underwood Farm Sub 401 NBR 4-11-OS