20041223 Ver 1_Approval Letter_20040908

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
William G. Ross, Jr., Secretary
Alan W. Klimek, P.E., Director
September 8, 2004
Brandywine, LLC
Attn: John Meyers
3209 Gresham Lake Road
Raleigh, NC 27615
DWQ EXP No. 04-1223
Wake County
Subject Property: Bedford at Falls River, Phases 37, 38 and 39
UT to Neuse River [03-04-02, 27-(20.7), C NSW (nutrient sensitive)]
APPROVAL of 401 Water Quality Certification and AUTHORIZATION CERTIFICATE
per the Neuse River Buffer Protection Rules (15A NC~C 2B .0233) with ADDITIONAL
CONDITIONS, EXPRESS REVIEW PROGRAM ~~,
Dear Mr. Meyers: `~`~
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You have our approval, in accordance with the attached conditions and those listed below, to
place fill within or otherwise impact 293 linear feet of streams (148 linear feet of perennial
stream and 145 feet of intermittent stream) and 27,878 square feet (ft2) of protected riparian
buffers for the purpose of two road crossings at the subject property, as described within your
application dated August 11, 2004 and all additional information received on August 19, 2004,
August 30, 2004, September 3, 2004, September 7, 2004 and September 8, 2004. After
reviewing your application, we have decided that the impacts are covered by the N.C. Division
of Water Quality (DWQ) General Water Quality Certification Number-3404 (GC3404). The
Certification allows you to use Nationwide Permit 14 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 maybe 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
401 Wetlands Certifigtion Unit.
1650 Mail Service Center, Raleigh, North Carolina 27699.1650 Qlle
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 North Carolina
Phone: [phone] /FAX [phone] /Internet: htto://h2o.enr.state.nc.us/ncwetlands ~~~~~~~/~

Brandywine, LLC ~~
Page 2 of 4
9/8/04
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.
Conditions:
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
nits Plan Location or Reference
Stream 293 feet) Itn acts 1 & 2, sheets 1, 2 and 3
Buffers 27,878 (square ft.) Impacts 1 & 2, sheets 1, 2 and 3
2. Buffer Impacts
The approved buffer impacts associated with the two xoad crossing equa127,878 square feet.
The Neuse Buffer Rule requires buffer mitigation for ri~ad crossings that exceed 1501inear feet
or 1/3 acre of buffer impacts. The impact area includes `~e area of the footprint of the use and
any clearing and grading activities within the riparian bu fer necessary to accommodate the use.
The length of buffer impact is measured parallel to the stream and includes the length of the
footprint of the use and any clearing and grading activities within the riparian buffer necessary
to accommodate the use. If the DWQ determines that the impacts exceed 150 feet or 1/3 acre
to the buffer, then buffer mitigation pursuant to 15A NCAC 02B .0233 will be required for the
entire impact area.
3. Diffuse Flow
In an effort to comply with the diffuse flow provision of the Buffer Rule (15A NCAC 02B
.0233(5)), you have provided the DWQ with level spreader designs dated August 11, 2004
and August 19, 2004. The DWQ believes that if implemented, as per these plans, diffuse
flow will be achieved. However, if diffuse flow as per 15A NCAC 02B .0233(5) is not
achieved, then the DWQ shall be notified and corrective actions to restore diffuse flow shall
betaken if necessary to impede the formation of erosion gullies. At no time shall stormwater
from the proposed development be piped directly through the buffer without prior DWQ
written authorization. ,
4. 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 33 and GC 3404.
5. Erosion & Sediment Control Practices

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9/8/04
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.
6. No Waste, Spoil, Solids, or Fill of Any
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 Preconstruction Notice 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 i`ules occur.
7. 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.
8. 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 maybe modified as appropriate to suit to this project.
9. 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.

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10. Notification of Construction
The applicant and/or authorized agent shall contact the DWQ Express Review Program in
writing at the letterhead address within 10 days of the commencement of construction.
11. 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.
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 adjudicat~ory 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 S~atutes 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. `
This letter completes the review of the Division of Water Quality under Section 401 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 John Dorney at 919-733-9646 or Debbie
Edwards at 919-733-9502.
Sincerely,
AWK/dae
Attachments: Certificate of Completion
GC 3404

Cc: Kevin Martin-S&EC
USACE Raleigh Regulatory Field Office
DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Central Files
Filename: 041223Bedford373839(Wake)EXP401 + buffer