20071970 Ver 1_Approval Letter_20071231

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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 31, 2007
DWQ Project # 07-1970
Wake County
Mr. Glen Futrell
O'Kelly Durham Associates, LLC
150 Towerview Court
Cary, NC 27513
Subject Property: Evans Farm Subdivision
Ut to Nancy Branch [030605, 16-41-1-17-3-2, WSIV, NSW]
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Futrell:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 0.09 acres of 404/wetland, 86 linear feet of permanent, perennial stream
impact, and 373 linear feet of intermittent stream impact (349 linear feet permanent impact and 241inear
feet temporary impact), as described in your application dated November 20, 2007, and received by the
Division of Water Quality (DWQ) on November 20, 2007, with additional information received from you
on December 13, 2007, for the purpose of constructing the proposed residential subdivision. After
reviewing your application, we have decided that the impacts are covered by General Water Quality
Certification Number(s) 3699 and 3705 (GC3699 and GC3705). The Certification(s) allows you to use
Nationwide Permit(s) NW 12, NW 18 and NW29 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, 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.
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.
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 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: http•//h2o.enr state nc.us/ncwetlands
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An Equal Opportunity/Affirmative Action Employer - 50% Recycled/] 0% Post Consumer Paper

O'Kelly Durham Associates, LLC ,~
Page 2 of 4 ~ "
December 31, 2007
T e of Im act Amount A roved Units Plan Location or Reference
404/Wetland 0.09 (acres PCN a e 4 of 8
Stream - erennial 86 (linear feet) PCN a e 4 of 8
Stream -intermittent 373 [(linear feet) 349 linear feet
permanent impact and 24 linear
feet tem orary im act] PCN page 4 of 8
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;
5. 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 GC3705;
6. 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.

O'Kelly Durham Associates, LLC
Page 3 of 4
December 31, 2007
7. 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 may
be found at http: //h2o. enr,state. nc. us/su/Forms Documents. htm. ;
8. Stormwater Management Plan (SMP) Approval Required
Before the impacts specified in this Certification may occur, the applicant must meet all of the
provisions set forth in the document Stormwater Management Plan (SMP) Requirements for
Applicants other than the North Carolina Department of Transportation, available at:
http://h2o. enr. state.nc. us/ncwetlands/documents/SMPRequirementsforApplicantsotherthanN CDO
T.pdf. The required SMP documentation must be submitted within 60 days of the issuance of the
401 Water Quality Certification to the DWQ (401 Oversight and Express Permitting Unit, 2321
Crabtree Blvd., Suite 250, Raleigh, NC, 27604).
SMP approval and implementation procedures shall be as follows:
• The SMP must be approved in writing by either the 401 Oversight/Bxpress Unit or, if the
project is subject to another state stormwater program, a copy of the approval letter and
approved SMP must be submitted before any impacts authorized in this certification occur. If
a development is phased, then the SMP for each future phase must approved by the 401
Oversight/Express Unit or, if the project is subject to another state stormwater program, a
copy of the approval letter and approved SMP must be submitted before any impacts
associated with that phase may occur.
• The approved SMP must be constructed and operational before any permanent building or
other structure is occupied at the site. If a development is phased, then the approved SMP for
each future phase must be constructed and operational before any permanent building or other
structure associated with that phase is occupied.
• The approved SMP as well as drainage patterns must be maintained in perpetuity.
~ The SMP may not be modified without prior written authorization from the SMP approval
authority. If the SMP falls under another state stormwater program, then a copy of the
approval letter and the modified SMP must be submitted to the 401 Oversight/Express Unit
prior to the commencement of the modifications.
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/Bxpress 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.

O'Kelly Durham Associates, LLC
Page 4 of 4
December 31, 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. If you have any questions, please telephone Cyndi Karoly or Ian McMillan at 919{33-1786.
CHS/ijm
Enclosures: GC3699, GC3705
Certificate of Completion
cc: USACE Raleigh Regulatory Field Office
Lauren Witherspoon, DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Central Files
Todd Preuninger, Withers & Ravenel, 111 MacKenan Drive, Cary, NC 27511
Filename: 071970EvansFarmSD(Wake)401

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,
used in the observation of the
compliance and intent of the 401
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 (ie., 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 Permiee 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.
hereby state that, to the best of my abilities, due care and diligence was
construction such that the construction was observed to be built within substantial
Water Quality Certification and Buffer Rules, the approved plans and specifications,
Signature: Registration No. Date