20041111 Ver 1_Staff Comments_20040802

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~F W ATF~ • • Michael F. Easley, Governor
.~~~ QG William G. Ross Jr., Secretary
~ ~- North Carolina Department of Environment and Natural Resources
~ ~
0 -~ Alan W. Klimek, P.E. Director
Division of Water Quality
July 25, 2005
DWQ Project # 2004-1111
Durham County
Rhein Brightleaf, LLC
Attn: Mr. Jim Medall
4000 Westchase Blvd., Suite 310
Raleigh, NC 27607
Subject Property: Brightleaf at the Park
Lick Creek [03-04-01, 27-11-(0.5), WS-IV, NSW (nutrient sensitive)]
*303(d)
Modification of Approval of 401 Water Quality Certification, Isolated Wetlands Permit and
Authorization Certificate per the Neuse River Buffer Protection Rules (15A NCAC 2B .0233)
with Additional Conditions
Dear Mr. Medall:
You have our approval, in accordance with the attached conditions and those listed below, to
place fill within or otherwise impact 0.7 acres of jurisdictional wetlands, 0.077 acres of isolated
wetlands, 2018 feet of jurisdictional streams, 197 feet of isolated streams and 264,405 square
feet (ft2) of protected riparian buffers for the purpose of a residential subdivision at the subject
property, as described within your application dated July 7, 2004 and received by the N.C.
Division of Water Quality (DWQ) on July 7, 2004 and all additional information submitted and
received by the DWQ on September 13, 2004, October 15, 2004, January 31, 2005, February 9,
2005, May 27, 2005 and July 10, 2005. This approval will replace the previous approval written
on June 29, 2005. After reviewing your application, we have decided that the impacts are
covered by General Water Quality Certification Number(s) 3374 and 3402 (GC3374 & 3402).
The Certification(s) allows you to use Nationwide Permit(s) 12, 18 and 39 when issued by the
US Army Corps of Engineers (USAGE). Also, we have determined that this fill is covered by
the State General Permit for Impacts to Isolated Wetlands and Isolated Waters (IWGP100000).
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.
The Isolated Wetlands Permit will expire upon the expiration date of IWGP100000
(September 30, 2008) or unless otherwise rescinded by the Director of the Division of
Water Quality.
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
Noy` Carolina
401 OversighUExpress Review Unit ~t61Cll~~l,/
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX [phone]ntemet: htto:/lh2o.enr.state.nc.uslncwetlands
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• Rhein Brightleaf, LLC
Page 2 of 7
7/25/05
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 150 linear 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.
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:
Amount Approved (Units) Plan Location or Reference
404 Stream 2018 feet (1,235 intermittent, Sheets 2-12
299 erennial, 484 tem orary)
Isolated Stream 197 feet Sheets 2-12
404 Wetlands 0.7 acres (0.329 permanent, Sheets 2-12
0.364 temporary)
Isolated Wetlands 0.077 acres Sheets 2-12
Buffers 264,405 square ft. Sheets 2-12 and detail sheets
Zone 1-140,684 1-8
Zone 2-123,721
2. Compensatory Mitigation Using the Ecosystem Enhancement Program
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 one month
from the date of this approval to make this payment. For accounting purposes, this
Authorization Certificate authorizes payment into the Wetlands Restoration Fund
to meet the following compensatory mitigation requirement:
Compensatory Mitigation
Required River and Sub-basin
Number
Stream 299 (feet) 03-04-01, 27-11-(0.5)
3. Buffer Mitigation
You are required to mitigate for impacts to the protected riparian buffers. The required area
of mitigation to compensate for impacts to the protected riparian buffers is 375,306 square
feet as required under this Authorization Certificate and 15A NCAC 2B .0242(buffer
mitigation rule). We understand that you wish to make a payment into the Riparian Buffer

• • Rhein Brightleaf, LLC
Page 3 of 7
7/25/05
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. In accordance with 15A NCAC 2B .0242(7)(buffer
mitigation rule), this contribution will satisfy our compensatory mitigation requirements
under 15A NCAC 2B .0233(10)(bufferpyotection rule). 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 the
Riparian Buffer Restoration Fund. You have one month from the date of this approval to
make this payment. For accounting purposes, this Authorization Certificate authorizes
payment into the Riparian Buffer Restoration Fund to compensate for 375,306 ftZ of
required riparian buffer mitigation for impacts to 156,103 ftZ (Zone 1-94,101 ft2 &
Zone 2-62,002 ft2) of protected riparian buffers; 03-04-01 river and 27-11-(0.5) stream
index."
4. 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 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.
5. Diffuse Flow
All constructed stormwater conveyance outlets shall be directed and maintained to flow
in a diffuse manner at non-erosive velocities through the entire protected stream buffers
without re-concentrating. If this is not possible it maybe necessary to provide stormwater
facilities that are considered to remove nitrogen. Additionally, a stormwater management
plan (this includes phases that only required diffuse flow measures) for this project shall
be provided to this Office on a per phase basis. These stormwater management plans are
required to be reviewed and approved before the impacts are conducted for each phase.
These plans shall specify all stormwater discharge points, plan details, and calculations to
indicate that diffuse flow through the protected buffers or nitrogen removal as described
above will be achieved.
An Operation & Maintenance (O&M) agreement signed by the current landowner must
be approved by the DWQ. This O&M agreement must transfer with the sale of the land
or transfer of responsibility for the stormwater facilities and the DWQ must be notified of
every transfer.

• • Rhein Brightleaf, LLC
Page 4 of 7
7/25/05
6. Written Stormwater Management Plan
An additional condition is that a final, written stormwater management plan (including a
signed and notarized Operation and Maintenance Agreement) shall be approved in
writing by this Office on a per phase basis before the impacts specified in this
Certification are conducted for each phase specified per Condition No. 4 in GC No. 3402.
The stormwater management plan must include worksheets, plans and specifications for
stormwater management facilities that are appropriate for surface waters classified as
Class C and designed to remove 85% TSS according to the most recent version of the NC
DENR Stormwater Best Management Practices Manual. These 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 within
each phase at the subject site, the facilities (as approved by this Office) shall be
constructed and operational, and the stormwater management plan (as approved by this
Office) shall be implemented. 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.
The above condition shall apply unless it is demonstrated in writing to the satisfaction of
this Office that the impervious area for each phase of the built-out project area shall be
less than 30% and that there are no pockets ofhigh-density development with
concentrated impervious area over 30% area within the project such as, but not limited to,
commercial areas, multi-family, clubhouses, maintenance areas, etc.
7. 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 15A NCAC 2B .0233 and GC 3402.
8. 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.
9. 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.

• • Rhein Brightleaf, LLC
Page 5 of 7
7/25/05
10. Construction Stormwater Permit NCGO10000
Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division
of Land Resources (DLR) or a DLR delegated local erosion and sedimentation control
program, an NPDES General stormwater permit (NCGO10000) administered by DWQ is
automatically issued to the project. This General Permit allows stormwater to be
discharged during land disturbing construction activities as stipulated by conditions in the
permit. If your project is covered by this permit [applicable to construction projects that
disturb one (1) or more acres], full compliance with permit conditions including the
sedimentation control plan, self-monitoring, record keeping and reporting requirements
are required. A copy of this permit and monitoring report forms maybe found at
http://h2o.enr~.state.nc.us/su/Forms Docurraents.lztrn.
11. 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 prior to impacting any
wetlands, waters and/or buffers approved for impact under this Certification Approval
and Authorization Certificate on a per phase basis.. 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 maybe
modified as appropriate to suit to this project.
12. Culvert Installation
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. These plans are to be
submitted and approved before impacts occur in each phase.
Installation of culverts in wetlands must ensure continuity of water movement and be
designed to adequately accommodate high water or flood conditions.

• • Rhein Brightleaf, LLC
Page 6 of 7
7/25/05
13. "Re-opener" Clause
Rhein Brightleaf, LLC and its authorized agents shall conduct its 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 law and federal law. Rhein Brightleaf, LLC shall require its
contractors (and/or agents) to comply with all of the terms of this Certification, and shall
provide each of its contractors (and/or agents) a copy of this Certification. A copy of this
Certification shall be included in the construction contract and available on the job site at
all times. If DWQ 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, DWQ may
reevaluate and modify this certification to include conditions appropriate to assure
compliance with such standards and requirements in accordance with 15A NCAC
2H.0507(d). Before modifying the certification, DWQ shall notify Rhein Brightleaf,
LLC and the US Army Corps of Engineers, provide public notice in accordance with 15A
NCAC 2H.0503 and provide opportunity for public hearing in accordance with 15A
NCAC 2H.0504. Any new or revised conditions shall be provided to Rhein Brightleaf,
LLC in writing, shall be provided to the United States 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.
14. Sewer Systems
The project shall comply with 15A NCAC 2H .0219(i)(2)(G) and all other State, Federal
and local sewer system regulations.
15. Water Quality Certification(s)
The proposed project must comply with all of the conditions of General Water Quality
Certification(s) (GC) 3374 & 3402.
16. Temporary impacts
All temporary impacted areas shall be returned to the original grade (except Zone 2)
after construction is complete or within 6 months of the establishment of the crossing,
which ever is sooner, and the various sites shall be stabilized with natural woody
vegetation (except for the 10 ft. permanent maintenance areas of permanent utility
crossings) and restored to prevent erosion. If the crossings are not restored as described
above within the specified time above, additional written approval from this Office must
be obtained to modify this condition.
17. 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/Wetlands Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.

• • Rhein Brightleaf, LLC
Page 7 of 7
7/25/05
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. In addition, the --
authorization to proceed with your proposed impacts or to conduct impacts to isolated waters as
depicted in your application and as authorized by this Permit, shall expire upon expiration of
IWGP100000 (September 30, 2008) or unless otherwise rescinded by the Director of the
Division of Water Quality.
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 the Clean Water Act and
Isolated Wetlands Rules as described within 15 NCAC 2H,`Section 0.1300 and the Neuse
riparian buffer protection rule as described within 15A NCAC 2B .0233. If you have any
questions, please telephone Cyndi Karoly in the Central Office in Raleigh at 919-733-9721.
Sincerely,
AWK/dae
Enclosures: GC 3374
GC 3402
IWGP 100000
Certificate of Completion
EEP Notification
~ ~~~.-~-
Alan W. Klimek, P.E.
cc: Kevin Martin-S&EC, 11010 Raven Ridge Road, Raleigh, NC 27614
Todd Tugwell-USAGE Raleigh Regulatory Field Office
Mike Horan-DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Central Files
Suzanne Klimek, EEP
Filename: 20041111 Brightleaf2(Durham)401+IWP+NBR

OF W ATF9 • • Michael F. Easley, Governor
\O~ QG William G. Ross Jr., Secretary
~ r North Carolina Department of Environment and Natural Resources
.:.i
p -~ Alan W. Klimek, P.E. 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, Rhein Brightleaf, LLC has permission as outlined
below to impact 0.7 acres of wetlands, 0.077 acres of isolated wetlands, 2,0181inear feet of
jurisdictional streams, 1971inear feet of isolated streams and 264,405 square feet of riparian
buffers for the purpose(s) of constructing the proposed residential subdivision in Durham
County. All activities associated with these authorized impacts must be conducted with the
conditions listed in the attached Permit transmittal letter. THIS PERMIT IS NOT VALID
WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENTS, ECOSYSTEM ENHANCEMENT
PROGRAM
LOCATION: Brightleaf at the Park
DWQ No.: 04-1111
COUNTY Durham
BASIN/ SUB BASIN 03-04-01 basin & 27-11-(0.5) stream index
As required by 15A NCAC 2H.0500, and the conditions of this Permit, you are required to
compensate for the above impacts through the restoration, creation, enhancement or preservation
of wetlands and surface waters 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).
Impacts:
2,215 Linear feet of stream (jurisdictional & isolated)
0.777 Acres of wetlands (jurisdictional & isolated)
264,405 Square feet of stream buffers
Mitigation:
299 Linear feet of stream
375,306 Square feet of stream buffers
In correspondence dated February 10, 2005, the EEP indicated that up to 5981inear feet of
mitigation will be conducted by EEP if necessary.
N~one~Carolina
401 Wetlands Certification Unit dVUtura~~f
1650 Mail Service Center, Raleigh, North Carolina 27699.1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] / Internet: http://h2o.enr.state.nc.us/ncwetlands
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• Rhein Brightleaf, LLC
Page 2 of 2
7/18/05
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 it 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
152 Mail Service Center
RALEIGH, N.C. 27669-1652
[phone]
Filename: 041111 Brightleaf(Durham)EEP

~QF W ATF9 p • • Michael F. Easley, Governor
\Q ~i William G. Ross Jr., Secretary
Cq ~ North Carolina Department of Environment and Natural Resources
~ .~ Alan W. Klimek, P.E. Director
Division of Water Quality
June 29, 2005
DWQ Project # 2004-1111
Durham County
Rhein Brightleaf, LLC
Attn: Mr. Jim Medall
4000 Westchase Blvd., Suite 310
Raleigh, NC 27607
Subject Property: Brightleaf at the Park
Lick Creek [03-04-01, 27-11-(0.5), WS-IV, NSW (nutrient sensitive)]
*303(d)
Approval of 401 Water Quality Certification, Isolated Wetlands Permit and Authorization
Certificate per the Neuse River buffer Protection Rules (15A NCAC 2B .0233) with
Additional Conditions r.
Dear Mr. Medall:
You have our approval, in accordance with the attached conditions and those listed below, to
place fill within or otherwise impact 0.7 acres of jurisdictional wetlands, 0.077 acres of isolated
wetlands, 2018 feet of jurisdictional streams, 197 feet of isolated streams and 264,405 square
feet (ft2) of protected riparian buffers for the purpose of a residential subdivision at the subject
property, as described within your application dated July 7, 2004 and received by the N.C.
Division of Water Quality (DWQ) on July 7, 2004 and all additional information submitted and
received by the DWQ on September 13, 2004, October 15, 2004, January 31, 2005, February 9,
2005 and May 27, 2005. After reviewing your application, we have decided that the impacts are
covered by General Water Quality Certification Number(s) 3374 and 3402 (GC3374 & 3402).
The Certification(s) allows you to use Nationwide Permit(s) 12, 18 and 39 when issued by the
US Army Corps of Engineers (USAGE). Also, we have determined that this fill is covered by
the State General Permit for Impacts to Isolated Wetlands and Isolated Waters (IWGP100000).
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 LAMA Permit.
The Isolated Wetlands Permit will expire upon the expiration date of IWGP100000
(September 30, 2008) or unless otherwise rescinded by the Director of the Division of
Water Quality.
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
401 OversighUExpress Review Untt d ~atllrQ~~lf-
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
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• • Rhein Brightleaf, LLC
Page 2 of 7
6/29/05
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.
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:
Amount Approved (Units) Plan Location or Reference
404 Stream 2018 feet (1,235 intermittent, Sheets 2-12
299 erennial, 484 tem orary)
Isolated Stream 197 feet Sheets 2-12
404 Wetlands 0=~ acres (0.329 permanent, Sheets 2-12
0.364 temporary)
Isolated Wetlands 0.077 acres Sheets 2-12
Buffers 264,405 square ft. Sheets 2-12 and detail sheets
Zone 1-140,684 1-8
Zone 2-123,721
2. Compensatory Mitigation Using the Ecosystem Enhancement Program
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 one month
from the date of this approval to make this payment. For accounting purposes, this
Authorization Certificate authorizes payment into the Wetlands Restoration Fund
to meet the following compensatory mitigation requirement:
Compensatory Mitigation
Required River and Sub-basin
Number
Stream 299 (feet) 03-04-01, 27-11-(0.5)
3. Buffer Mitigation
You are required to mitigate for impacts to the protected riparian buffers. The required area
of mitigation to compensate for impacts to the protected riparian buffers is 404,786 square
feet as required under this Authorization Certificate and 15A NCAC 2B .0242(buffer
mitigation rule). We understand that you wish to make a payment into the Riparian Buffer
Restoration Fund administered by the NC Ecosystem Enhancement Program (EEP) to meet
e

• • Rhein Brightleaf, LLC
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this mitigation requirement. This has been determined by the DWQ to be a suitable method
to meet the mitigation requirement. In accordance with 15A NCAC 2B .0242(7)(buffer
mitigation rule), this contribution will satisfy our compensatory mitigation requirements
under 15A NCAC 2B .0233(10)(bufferprntection rule). 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 the
Riparian Buffer Restoration Fund. You have one month from the date of this approval to
make this payment. For accounting purposes, this Authorization Certificate authorizes
payment into the Riparian Buffer Restoration Fund to compensate for 404 786 ftZ of
required riparian buffer mitigation for impacts to 168,543 ft2 (Zone 1-101,3 &
Zone 2-67,229 ft2) of protected riparian buffers; 03-04-01 river and subbasin."
4. 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 oiler 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.
5. Diffuse Flow
All constructed stormwater conveyance outlets shall be directed and maintained to flow
in a diffuse manner at non-erosive velocities through the entire protected stream buffers
without xe-concentrating. If this is not possible it may be necessary to provide stormwater
facilities that are considered to remove nitrogen. Additionally, a stormwater management
plan for this project shall be provided to this Office before any of the impacts approved
herein are conducted. The plan shall specify all stormwater discharge points, plan details;
and calculations to indicate that diffuse flow through the protected buffers or nitrogen
removal as described above will be achieved.
An Operation & Maintenance (O&M) agreement signed by the current landowner must
be approved by the DWQ. This O&M agreement must transfer with the sale of the land
or transfer of responsibility for the stormwater facilities and the DWQ must be notified of
every transfer.
6. Written Stormwater Management Plan
An additional condition is that a final, written stormwater management plan (including a
signed and notarized Operation and Maintenance Agreement) shall be approved in

• • Rhein Brightleaf, LLC
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writing by this Office before the impacts specified in this Certification occur per
Condition No. 4 in GC No. 3402. The stormwater management plan must include
worksheets, plans and specifications for stormwater management facilities that are
appropriate for surface waters classified as Class C and designed to remove 85% TSS
according to the most recent version of the NC DENR Stormwater Best Management
Practices Manual. These 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 subject site, the facilities (as approved
by this Office) shall be constructed and operational, and the stormwater management plan
(as approved by this Office) shall be implemented. 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.
The above condition shall apply unless it is demonstrated in writing to the satisfaction of
this Office that the impervious area of the entire, built-out project shall be less than 30%
and that there are no pockets ofhigh-density development with concentrated impervious
area over 30% area within the project such as, but not limited to, commercial areas,
multi-family, clubhouses, maintenance areas, etc.,
7. 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 15A NCAC 2B .0233 and GC 3402.
8. 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.
9. 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.
10. Construction Stormwater Permit NCGO10000
Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division
of Land Resources (DLR) or a DLR delegated local erosion and sedimentation control
program, an NPDES General stormwater permit (NCGO10000) administered by DWQ is

• • Rhein Brightleaf, LLC
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automatically issued to the project. This General Permit allows stormwater to be
discharged during land disturbing construction activities as stipulated by conditions in the
permit. If your project is covered by this permit [applicable to construction projects that
disturb one (1) or more acres], full compliance with permit conditions including the
sedimentation control plan, self-monitoring, record keeping and reporting requirements
are required. A copy of this permit and monitoring report forms maybe found at
http•//h2o enrstate.nc.us/su/Forms Documents.htm.
11. 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 prior to impacting any
wetlands, waters and/or buffers approved for impact under this Certification Approval
and Authorization Certificate. 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.
12. Culvert Installation
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.
Installation of culverts in wetlands must ensure continuity of water movement and be
designed to_ adequately accommodate high water or flood conditions.
13. "Re-opener" Clause
Rhein Brightleaf, LLC and its authorized agents shall conduct its 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 law and federal law. Rhein Brightleaf, LLC shall require its
contractors (and/or agents) to comply with all of the terms of this Certification, and shall
provide each of its contractors (and/or agents) a copy of this Certification. A copy of this

• • Rhein Brightleaf, LLC
Page 6 of 7
6/29/05
Certification shall be included in the construction contract and available on the job site at
all times. If DWQ 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 fiirther conditions are necessary to assure compliance, DWQ may
reevaluate and modify this certification to include conditions appropriate to assure
compliance with such standards and requirements in accordance with 15A NCAC
2H.0507(d). Before modifying the certification, DWQ shall notify Rhein Brightleaf,
LLC and the US Army Corps of Engineers, provide public notice in accordance with 15A
NCAC 2H.0503 and provide opportunity for public hearing in accordance with 15A
NCAC 2H.0504. Any new or revised conditions shall be provided to Rhein Brightleaf,
LLC in writing, shall be provided to the United States 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.
14. Sewer Systems
The project shall.eomply with 15A NCAC 2H .0219(i)(2)(G) and all other State, Federal
and local sewer system regEtlations.
15. Water Quality Certification(s)
The proposed project must comply with all of the conditions of General Water Quality
Certification(s) (GC) 3374 & 3402.
16. Temporary impacts
All temporary impacted areas shall be returned to the original grade (except Zone 2)
after construction is complete or within 6 months of the establishment of the crossing,
which ever is sooner, and the various sites shall be stabilized with natural woody
vegetation (except for the 10 ft. permanent maintenance areas of permanent utility
crossings) and restored to prevent erosion. If the crossings are not restored as described
above within the specified time above, additional written approval from this Office must
be obtained to modify this condition.
17. 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/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 or CAMA Permit. In addition, the
authorization to proceed with your proposed impacts or to conduct impacts to isolated waters as
depicted in your application and as authorized by this Permit, shall expire upon expiration of
IWGP100000 (September 30, 2008) or unless otherwise rescinded by the Director of the
Division of Water Quality.

• • Rhein Brightleaf, LLC
Page 7 of 7
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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 the Clean Water Act and
Isolated Wetlands Rules as described within 15 NCAC 2H, Section 0.1300 and the Neuse
riparian buffer protection rule as described within 15A NCAC 2B .0233. If you have any
questions, please telephone Cyndi Karoly in the Central Office in Raleigh at 919-733-9721.
Sincerely,
- `~A1 W. Klimek, P.E.
AWK/dae
Enclosures: GC 3374
GC 3402
IWGP 100000
Certificate of Completion
EEP Notification
cc: Todd Preuninger-S&EC, 11010 Raven Ridge Road, Raleigh, NC 27614
Todd Tugwell-USAGE Raleigh Regulatory Field Office
Mike Horan-DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Central Files
Filename: 20041111 Brightleaf(Durham)401+IWP+NBR

~~~ W A T~~jO • ~ Michael F. Easley, Governor
~~ ~i William G. Ross Jr., Secretary
~ r North Carolina Department of Environment and Natural Resources
~ ~
O -~ Alan W. Klimek, P.E. 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, Rhein Brightleaf, LLC has permission as outlined
below to impact 0.7 acres of wetlands, 0.077acres of isolated wetlands, 20181inear feet of
jurisdictional streams, 197 linear feet of isolated streams and 264,405 square feet of riparian
buffers for the purpose(s) of constructing the proposed residential subdivision in Durham
County. All activities associated with these authorized impacts must be conducted with the
conditions listed in the attached Permit transmittal letter. THIS PERMIT IS NOT VALID
WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENTS, ECOSYSTEM ENHANCEMENT
PROGRAM
LOCATION:
DWQ NO:
COUNTY
BASIN/ SUB BASIN
Brightleaf at the Park
2004,1111
Durham
03-04-01, 27-11-(0.5)
As required by 15A NCAC 2H.0500, and the conditions of this Permit, you are required to
compensate for the above impacts through the restoration, creation, enhancement or preservation
of wetlands and surface waters 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).
Impacts:
2,215 Linear feet of stream (jurisdictional & isolated)
0.777 Acres of wetlands (jurisdictional & isolated)
264,405 Square feet of stream buffers
Mitigation:
299 Linear feet of stream
404,786 Square feet of stream buffers
In correspondence dated February 10, 2005, the EEP indicated that up to 5981inear feet of
mitigation will be conducted by EEP if necessary.
401 Wetlands Certification Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] Internet: http://h2o.enr.state.nc.us/ncwetlands
None Cazolina
tura!!y
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper

' ~ Rhein Brightleaf, LLC
• Page 2 of 3
6/29/05
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 it 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
152 Mail Service Center
RALEIGH, N.C. 27669-1652
°r [phone]
Filename: 20041111 Brightleaf(Durham)EEP e