20061139 Ver 2_Approval Letter_20071221

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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
December 21, 2007
ECI Development
Attn: Mr. Jack Lichfier
8317 Six Forks Road
Raleigh, NC 27615
Subject Property:
EXP# 06-1139v2
Wake County
The Woods of Blair Aills
Buffalo Creek & UT to Buffalo Creek [030406, 27-57-16(3), C, NSW]
MODIFICATION to 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. Lichtner:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 120.5 linear feet of perennial stream of which 17.5 feet is a temporary impact,
48 linear feet of intermittent stream, 0.03 acres of wetland impact, 1,067 square feet of Zone 1 Neuse
River Basin protected riparian buffers and 720 square feet of Zone 2 Neuse River Basin protected riparian
buffers to install the proposed sanitary sewer line crossing and the vegetated grassed swale for the
residential subdivision located in the Town of Wendell, as described within your application dated
December 20, 2007 and received by the N.C. Division of Water Quality (DWQ) on December 20, 2007.
After reviewing your application, we have decided that the impacts are covered by General Water Quality
Certification Number(s) 3699 (GC3699). The Certification(s) allows you to use Nationwide Permit(s) 12
when issued by the US Army Corps of Engineers (USAGE). 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 150 linear feet of stream, compensatory mitigation may be required as described in 15A
NCAC ZH .0506 (h). This approval requires you to follow the conditions listed is the attached
Water Quality Certifications (GC3699) and any additional conditions listed below.
401 OversighUExpress Review Permitting Unit
1650 Mail Service Center, Ralegh, 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
crt hCarolina
~aturally
An Equal OpportunitylAffirmative Action Employer - 50% Recycled/10% Post Consumer Paper

the Woods of Blair HMIs `
Page 2 of 4
December 21, 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:
Type of Impact Amount Approved
nits Plan Location or Reference
Stream - erennial (tem .) 17.5 (linear feet) Dec. 20, 2007 PCN a e 4
Stream - erennial ( erm. 103 linear feet Dec. 20, 2007 PCN a e 4
Stream -intermittent erm. 48 linear feet) Dec. 20, 2007 PCN a e 4
Wetland ( erm.) 0.03 (acres Dec. 20, 2007 PCN a e 4
Buffers -Zone 1 1,067 s uare ft_) Dec. 20, 2007 PCN a e 7
Buffers -Zone 2 720 (s uare ft.) Dec. 20, 2007 PCN a e 7
2. Erosion & Sediment Control Practices
Erosion and sediment control practices must be in fu® 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 prmject must be designed, installed, operated, and
maintained in accordance with the most recent versia~ of the North Carolina Sediment and Erosion
Control Planning and Design Manual.
b. The design, installation, operation, and maintenance ®f the sediment and erosion control measures
must be such that they equal, or exceed, the requirerrnvnts specified in the most recent version of the
North Carolina Sediment and Erosion Control Manuwl. 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 ®omply with the reclamation in accordance with
the requirements of the Sedimentation Pollution Control Act.
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-Constructiion Notification. All construction activities,
including the design, installation, operation, and mainrtenance 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 within Wetlands or Waters
Sediment and erosion control measures shall not be p>taced in wetlands or waters to the maximum
extent practicable. If placement of sediment and eroseon 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.

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Wage 3 of 4
December 21, 2007
5. Construction Stormwater Permit NCsG010000
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 ~•1PDES
General stormwater permit (NCGO10000) administered by DWQ is automatically issued to Idle
project. This General Permit allows stormwater to be discharged during land disturbing co~truction
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 sedimentatii~on control plan, self-monitoring, record keeping and re~aorting
requirements are required. A copy of this permit and monitoring report forms may be foundl at
htt~: //h2o. enr. state. nc. us/su/Forms Documents. htm
6. Diffuse Flow Measures Approved
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 15:4 NCAC
2B .0233(5). The diffuse flow measures (level spreader designs) approved by the DWQ in tie
previous 401 Certification dated August 18, 2006 must be implemented and the diffuse flovov
provisions shall be constructed and ®perational before any permanent building is occupied aft the
subject site. The structural diffuse flow measures as approved by this Office as well as draineage
patterns must be maintained in perpetuity. No changes to these provisions shall be made witglout
written authorization from the Divisiion of Water Quality.
7. Grassed Swale (Stormwater Conveyance)
The grassed Swale ("Grass Ditch A"~, being proposed to replace the August 18, 2006 approweed
preformed scour hole, is hereby app>oved according to the design submitted with the PCN dated
December 20, 2007. The grassed Swale shall be constructed as designed and properly maintnaned per
the notarized Inspection and Maintenance Agreement dated December 20, 2007.
8. Deed Notifications
Deed notifications or similar mechanisms shall be placed on all retained jurisdictional =wetlands,
waters and riparian buffers in order 1~o assure compliance for future wetland, water and riparian buffer
impact. These mechanisms shall 6e put in place prior to impacting any wetlands anclC~lor waters
approved for impact under this Certiification Approval and/or Isolated Wetlands Permit.
9. Protective Fencing
The outside buffer, wetland or water boundary and along the construction corridor within thaese
boundaries approved under this authorization shall be clearly marked with orange warning Wincing (or
similar high visibility material) for tLe areas that have been approved to infringe within the lhuffer,
wetland or water prior to any land dirsturbing activities to ensure compliance with 15A NCA~ 2B .0233.
10. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent m®difications, the applicant is required to return the attached
certificate of completion to the 401 ~h+ersight/Express Review Permitting Unit, North Carolieina
Division of Water Quality, 1650 MaiiA Service Center, Raleigh, NC, 27699-1650.

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Page 4 of 4 '
December 21, 2007
11. Notification of Construction
The applicant and/or authorized agent shall contact the DWQ Express Review Program in writing at
the letterhead address within ten (10) days of the commencement of construction.
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 Permit.
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 I SOB 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 40l 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 Lia Myott or Joseph Gyamfi at 919-733-1786.
Sin ly,
Coleen H. Sullins
NC Division of Water Quality
CHS/cbk/lemljg
Enclosures: GC 3699
Certificate of Completion
cc: James Shern, USACE Raleigh Regulatory Field Office
Lauren Witherspoon, DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Central Files
Steve Mitchell, 1813 Lancaster Dr., Garner, NC 27529
Filename: 061139v2TheWoodsotBlairHills(Wake)401 Mod_NBR