20041983 Ver 2_Approval Letter_20071119

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Centex Homes
Attn. Mr. Tim Carpenter
2301 Sugar Bush Drive
Raleigh, NC 27612
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
November 19, 2007
DWQ Project # 2004-1983v2
Wake County
Subject Property: Garden at Town Hall Commons Lots 31 & 32, Morrisville, NC
UT to Crabtree Creek [030402, 27-33-(3.5), B, NSW]
After-the-Fact Authorization of Neuse River Riparian Buffer Protection Rules Minor
Variance [15A NCAC 2B .0233(9)(b)]
Dear Mr. Carpenter:
You have our after-the-fact authorization, in accordance with the conditions listed below, to
impact approximately 836 square feet (ft2) of Zone 2 of the protected buffers to construct
retaining wall at the subject properties as described within your variance request dated June 6,
2007 and received by the Division of Water Quality (DWQ) on September 10, 2007, with
additional information received on November 7, 2007. This letter shall act as your Minor
Variance authorization as described within 15A NCAC 2B .0233(9)(b). In addition to this
authorization, 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 regulations.
This authorization 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(s) must be given a copy of this variance authorization
and is thereby responsible for complying with all conditions. This authorization requires you
to follow any conditions listed below. This authorization shall expire five years from the date of
this authorization.
The Additional Conditions of the Certification are:
1. No Zone 1 Impacts
No impacts (except for "exempt" uses as identified within 15A NCAC 2B .0233) shall
occur to Zone 1 of the protected riparian buffers unless otherwise approved by the DWQ.
No impervious surfaces shall be added to Zone 1, unless otherwise approved by the
DWQ.
No°r`thCarolina
401 OversighUExpress Review Permitting Unit ~lltllCll~~l,J
1650 Mail Service Center, Raleigh, North Carolina 27699-1650 .
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX [phone] l Internet: htta://h2 0. en r. state. nc. us/ncwet lands
An Equal OpportunitylAffirmative Action Employer - 50% Recycled/10% Post Consumer Paper

Centex Homes
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November 19, 2007
2. Buffer Mitigation (EEP)
You are required to mitigate for impacts to the protected riparian buffers. The required
area of mitigation to compensate for 836 square feet of Zone 2 impacts to the protected
riparian buffers is 1,254 square feet as required under this variance authorization and 15A
NCAC 2B .0233. 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 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
.0233, this contribution will satisfy our compensatory mitigation requirements under 15A
NCAC 2B .0233(9)(C). Until the EEP receives and clears your check (made payable to:
DENR -Ecosystem Enhancement Program Office), no impacts specified in this variance
authorization shall occur. Ms. Susan Klimek should be contacted at [phone] if
you have any questions concerning payment into the EEP. For accounting purposes,
this variance authorization authorizes payment into the Riparian Buffer
Restoration Fund to compensate for 1,254 ft2 of required riparian buffer mitigation
for impacts to 836 ft2 of protected riparian buffers; 03020201 river and subbasin."
3. 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.
c. 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.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
4. 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.

Centex Homes
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November 19, 2007
5. Diffuse Flow
An additional condition is that all stormwater shall be directed as diffuse flow at non-
erosive velocities through the protected stream buffers and will not re-concentrate before
discharging into the stream as identified within 15A NCAC 2B .0233(5).
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 15A NCAC 2B .0233.
7. Certificate of Completion
Upon completion of all work approved within this authorization, 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.
8. Deed Restrictions
Centex Homes (permittee) shall execute and cause to be recorded in the Wake County
Register of Deeds restrictive covenants acceptable to the Division of Water Quality for
the purpose of maintaining the riparian buffers, as shown on the recorded plat for Lot 32
and 31 of the Gardens at Town Hall Commons Ph.2 of the Cedar Fork Township in
Morrisville, NC), in their natural state in perpetuity, prior to any sale of Lot 32 and 31 of
the Gardens at Town Hall Commons Ph.2 of the Cedar Fork Township in Morrisville,
NC. The permittee shall provide a copy of the recorded restrictive covenants to the
Division of Water Quality within 15 days of recording.
Requests for appeals of this decision shall be made to the Office of Administrative Hearings. If
you do not accept any of the conditions of this authorization, you may ask for and 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, NC
27699-6714. This authorization and its conditions are final and binding unless you ask for a
hearing. This Minor Variance Authorization shall expire five (5) years from the date of this
letter.
This letter completes the review of the Division of Water Quality under the Neuse River
Riparian Buffer Protection Rules [15A NCAC 2B .0233(9)(b)]. Please call Ms. Amy Chapman

Centex Homes
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November 19, 2007
at [phone] if you have any questions or require copies of our rules or procedural
materials.
CHS/cbk/asc
Enclosures: NC EEP Letter
Certificate of Completion
Since ly,
Coleen H. Sullins, Director
Division of Water Quality
cc: Lauren Witherspoon, DWQ Raleigh Regional Office
DLR, Raleigh Regional Office
Venture Engineering, Attn. Mark Magrath, 314 West Millbrook Road, Suite 005,
Raleigh, NC 27609
File Copy
Central Files
File Name: 041983v2GardenatTownHallCommonsLots31&32(Wake)MinVar