20050732 Ver 01_Approval Letter_20080111

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Mr. Mitch Barron
Newland Communities
5850 Fayetteville Rd, Suite 201
Durham, NC 27713
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
January 11, 2008
Re: Briar Chapel, Chatham County
DWQ #2005-0732; USACE Action ID. No. 200121252
APPROVAL of 401 Water Quality Certification -AFTER-THE FACT MODIFICATION
Dear Mr. Barron:
Attached hereto is a copy of Certification No. 3567 issued to Mitch Barron and Newland
Communities, dated January 11, 200$. This Certification replaces the Certification issued to
you on May 9, 2006. Furthermore, all correspondence previously issued by this office
regarding clarification of and/or compliance with the conditions included in this
Certification remains applicable. In addition, you should get any other federal, state or local
permits before you go ahead with your project including (but not limited to) Solid Waste,
Sediment and Erosion Control, Stormwater, Dam Safety, Non-discharge and Water Supply
Watershed regulations.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,.
1
i ~~
Coleen H. Sullins, Director
CHS/ijm/cbk
Attachments: Certificate of Completion
401 OversighdExpress Review Permitting Unit NtllrQ~~j,
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone [phone] / Fax [phone]
Internet: http://www.ncwaterquality.org
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper

Mitch Barron
Page 2 of 8
January 11, 2008
cc: Becky Fox, EPA, 1307 Firefly Road, Whittier, NC 28789
Monte Matthews, U.S. Army Corps of Engineers, Raleigh Regulatory Field Office
Lauren Witherspoon, DWQ, Raleigh Regional Office
John Holley, DLR Raleigh Regional Office
File Copy
Central Files
Nicole Thomson, S&EC, P.A., 11010 Raven Ridge Road, Raleigh, 27614
Elaine Chiosso, Haw River Assembly. P.O. Box 187, Bynum, NC 27228
William Sommers, 1067 Fearrington Post, Pittsboro, NC 27312
Fred Royal, Director, Chatham County Environmental Resources, Public Works
Department, P.O. Box 1550, Pittsboro, NC 27312
Allison Weakley, Chair, Chatham County Environmental Review Board, 311 Boothe Hill
Road, Chapel Hill, NC 27517
20050732BriarChapel(Chatham)401 _MOD2

Mitch Barron
Page 2 of 8
January 11, 2008
cc: Becky Fox, EPA, 1307 Firefly Road, Whittier, NC 28789
Monte Matthews, U.S. Army Corps of Engineers, Raleigh Regulatory Field Office
Lauren Witherspoon, DWQ, Raleigh Regional Office
John Holley, DLR Raleigh Regional Office
File Copy
Central Files
Nicole Thomson, S&EC, P.A., 11010 Raven Ridge Road, Raleigh, 27614
Elaine Chiosso, Haw River Assembly. P.O. Box 187, Bynum, NC 27228
William Sommers, 1067 Fearrington Post, Pittsboro, NC 27312
Fred Royal, Director, Chatham County Environmental Resources, Public Works
Department, P.O. Box 1550, Pittsboro, NC 27312
Allison Weakley, Chair, Chatham County Environmental Review Board, 311 Boothe Hill
Road, Chapel Hill, NC 27517
20050732BriarChapel(Chatham)401 MOD2

Mitch Barron
Page 3 of 8
January 11, 2008
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public
Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Water
Quality (DWQ} Regulations in 15 NCAC 2H, Section .0500 to Mitch Barron and Newland
Communities to permanently fi110.672 acres of jurisdictional wetlands and 2,8761inear feet of
streams along with temporary impacts to 0.137 acres of wetlands and 3591inear feet of streams
(you were previously approved to permanently fill 0.67 acres of jurisdictional wetlands and 1,653
linear feet of streams along with temporary impacts to 0.137 acres ofwetlands and 211 linear feet
of streams) in the Cape Fear River Basin, associated with the construction of Briar Chapel
development in Chatham County, North Carolina, pursuant to an application filed on the 17th day
of June of 2005, the Public Notice issued by the US Army Corps of Engineers on June 14, 2005, a
revised applications dated December 12, 2005 and February 24, a Modification request dated June
7, 2007 and received by the DWQ on June 7, 2007, Public Notice issued by the US Army Corps of
Engineers on June 7, 2007, and additional information received from you on October 8, 2007,
December 7, 2007 and January 11, 2008.
The application and supporting documentation provides adequate assurance that the proposed
work will not result in a violation of applicable Water Quality Standards and discharge
guidelines. Therefore, the State of North Carolina certifies that this activity will not violate the
applicable portions of Sections 301, 302, 303, 30b, 307 of PL 92-500 and PL 95-217 if
conducted in accordance with the application, the supporting documentation, and conditions
hereinafter set forth.
This approval is only valid for the purpose and design submitted in the application materials and
as described in the Public Notice. If the project is changed, prior to notification a new
application for a new Certification is required. If the property is sold, the new owner must be
given a copy of the Certification and approval letter and is thereby responsible for complying
with all conditions of this Certification. Any new owner must notify the Division and request the
Certification be issued in their name. Should wetland or stream fill be requested in the future,
additional compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6)
and (7). If any plan revisions from the approved site plan result in a change in stream or wetland
impact or an increase in impervious surfaces, the DWQ shall be notified in writing and a new
application for 401 Certification may be required. For this approval to be valid, compliance with
the conditions listed below is required.
Conditions of Certification:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and
general conditions of this Certification are met. No other impacts are approved including
incidental impacts:

Mitch Barron
Page 4 of 8
January 11, 2008
Type of Impact Amount Approved Plan Location or
(Units) Reference
Stream (temporary) 339 feet Site plans and impact
summary table received
January 11, 2008
Stream (permanent) 1,666 feet Site plans and impact
summary table received
January 11, 2008
404 Wetlands 0.590 acres Site plans and impact
(permanent) summary table received
January 11, 2008
404 Wetlands 0.157 acres Site plans and impact
(temporary) summary table received
January 11, 2008
Sediment and Erosion Control:
2. 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, installatian, 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.
3. Sensitive Watershed Erosion and Sediment Control Practices
The Division of Land Resources' Design Standards in Sensitive Watersheds (15A NCAC 04B
.0124) must be adhered to throughout the life of this project.
4. 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 404/401Permit Application. 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;

Mitch Barron
Page 5 of 8
January 1 I, 2008
5. 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;
6. 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
h~:/%la2o.et~r.state.ric.l~s/si.~%Fotms Documents.htm.
Continuing Compliance:
7. Mitch Barron and Newland Communities, shall conduct construction 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. If the Division 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, the Division 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, the Division shall notify Mitch Barron and Newland Communities 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 Mitch Barron and Newland
Communities 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;
Miti ag tion:
8. Compensatory stream mitigation shall be done through a combination of payment to the
NC Ecosystem Enhancement Program (EEP) for 2,0891inear feet of stream, 2,127 linear
feet of streams at the Harpers Crossroads stream mitigation site, and for on-site
preservation of approximately 63,4121inear feet of stream. A11 of these mitigation efforts
shall be protected through use of conservation easement written to satisfy the US Army
Corps of Engineers. Uses which may be allowable in the protected stream buffers
include water dependent activities and greenway trails upon additional written approval

Mitch Barron
Page 6 of 8
January 11, 2008
of the Division of Water Quality and US Army Corps of Engineers. These provisions
should be explicitly reflected in the conservation easements.
A final compensatory mitigation plan for the Harpers Crossroads site must be approved
in writing by this Office before any of the impacts approved herein are conducted.
Additionally, the compensatory mitigation plan must be completely constructed and
implemented according to the plans approved by this Office before any permanent
building or road associated with the project is occupied or opened. The mitigation must
be maintained according to the approved plan and permanently protected by the use of
conservation easements or similar protections. Any repairs or adjustments to the
mitigation site must be made according to the approved plan or must receive written
approval from this Office to make the repairs or adjustments.
Road Crossings:
9. 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.
Placement of culverts and other structures in waters, streams, and wetlands must be placed
below the elevation of the streambed by one foot for all culverts with a diameter greater
than 48 inches, and 20 percent of the culvert diameter for culverts having a diameter less
than 48 inches, to allow low flow passage of water and aquatic life. Design and placement
of culverts and other structures including temporary erosion control measures shall not be
conducted in a manner that may result in dis-equilibrium of wetlands or streambeds or
banks, adjacent to or upstream and down stream of the above structures. The applicant is
required to provide evidence that the equilibrium shall be maintained if requested in writing
by DWQ.
Other conditions:
10. Written Stormwater Management Plan (Final Plan Needed)
A final, written stormwater management plan for each of the 37 identified subwatersheds
discussed in the February 24, 2006 letter (including signed and notarized Operation and
Maintenance Agreements) shall be submitted to the 401 Oversight and Express
Permitting Unit (2321 Crabtree Blvd., Suite 250, Raleigh, NC, 27604) within 60 days of
the issuance of the 401 Water Quality Certification. The stormwater plans shall utilize
constnzcted wetlands, bioretention areas, wet ponds followed by forested filter strips and
similar best management practices designed to remove nutrients. Finally, treated
stormwater shall be directed to flow into remaining wetlands on site at non-erosive
velocities in order to maintain the hydrology of these wetlands.

Mitch Barron
Page 7 of 8
January 11, 2008
The stormwater management plan maybe submitted to DWQ in phases for written
approval as long as no impact to wetlands or streams occur in that phase until written
approval is received from DWQ. You have the option of using the Express Review
Program for expedited approval of these plans. If you propose to use the Express Review
Program, remember to include the appropriate fee with the plan. The stormwater
management plan must include plans, specifications, and worksheets for stormwater
management facilities that are appropriate for the surface water classification and
designed to remove at least 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.
11. Water Quality Monitoring
Additional written approval is required for a water quality monitoring plan for this
project. This plan shall be designed to determine whether there are any water quality
impacts from this project and shall include physical, chemical and biological
monitoring. Written approval from DWQ for this plan shall be received before any
streams or .wetlands are impacted on this site. This plan. shall be for a minimum of
five (5) years during and immediately after construction. DWQ will then evaluate
whether monitoring is required beyond this five (5) year time period.
12: Downstream stability - On-site stormwater management and the monitoring program
shall be directed at ensuring that streambanks downstream of the development remain
in a stable condition or that additional instability not be induced as a result of this
project.
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.
If this Certification is unacceptable to you, you have the right to an adjudicatory hearing upon
written request within sixty (60) days following receipt of this Certification. This request must be
in the form of a written petition conforming to Chapter 150B of the North Carolina General
Statutes and filed with the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, N.C. 27699-6714. If modifications are made to an original Certification, you have the
right to an adjudicatory hearing on the modifications upon written request within sixty (60} days
following receipt of the Certification. Unless such demands are made, this Certification shall be
final and binding.

CHS/ijmlcbk
This is the 11th day of January 2008
DIVISION OF WATER QUALITY
~~
Coleen H. Sullins, Director

DWQ Project No.:
Applicant:
Project Name:
Certification of Completion
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, I~a.leigh, 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, ,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:
Agent's Certification
I,
used in the observation of the
compliance and intent of the 401
and other supporting materials.
Signature:
Date:
If this project was designed by a Certified Professional

I, as a duly registered Professional (i.e., 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.
Date:
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 spec cations,
Signature: Registration No. Date