20050732 Ver 37_Approval Letter_20170203

Wateil Resources
ENV IRONI'ANT Al. GUAL itY
February 3, 2017
NNP Briar Chapel, LLC
Attn: Mr. Bill Mumford
.•. A
ROY COOPER
MICHAEL S. RE GAN
S. JAY ZIMMERMAN
Chatham County
Re: APPROVAL of 401 Water Quality Certification with Additional Conditions -
MODIFICATION
Briar Chapel
USAGE Action ID. No. SAW -2001-21252
Attached hereto is a copy of Certification No. 3567 issued to Mr. Bill Mumford of NNP Briar
Chapel, LLC, Inc., dated February 3, 2017. This Certification replaces the Certifications issued
to you on May 9, 2006, January 11, 2008, July 21, 2009, July 24, 2009 and August 31, 2009.
This modification was requested by the applicant to authorize additional impacts V through Z,
reduced the amount of previously approved impacts based on as -built measurements, and
remove a condition to monitoring surface water and groundwater. Please note that you should
get any other federal, state or local permits before proceeding with the subject project,
including those required by (but not limited to) Sediment and Erosion Control, Non -Discharge,
and Water Supply Watershed regulations.
This approval and its conditions are final and binding unless contested, This Certification can be
contested as provided in General Statute 150B by filing a written petition for an administrative
hearing to the Office of Administrative Hearings (hereby known as OAH) within sixty (60)
calendar days.
-rdTf—le-127 I — U&$Z
J I If I L U JIM# i or
Clerk's Office at [phone] for information. A petition is considered filed when the original
and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal
office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state
holidays).
State of North Carolina I Environmental Quality I Water Resources
1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919807 6300

NNP Briar Chapel, LLC
DWR# 05-0732 v37
Individual Certification #3567
Page 2 of 10
The petition may be faxed to the OAH at [phone], provided the original and one copy of
the petition along with any applicable OAH filing fee is received by the OAH within five (5)
business days following the faxed transmission.
Mailing address for the OAH:
If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc):
Office of Administrative Hearings Office of Administrative Hearings
6714 Mail Service Center 1711 New Hope Church Road
Raleigh, NC 27699-6714 Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to Department of Environmental Quality:
Sam M. Hayes, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
Unless such a petition is filed, this Certification shall be final and binding.
This certification completes the review of the Division under section 401 of the Clean Water Act
and 15A NCAC 02H .0500. Contact me at 919-807-6360 or [e-mail] or Jennifer
Burdette at 919-807-6364 or [e-mail] if you have any questions or
concerns.
cc: Chris Huysman, Wetlands & Waters, Inc., 170 Dew Drop Road, Sparta, NC 28675
USACE Raleigh Regulatory Field Office
Todd Bowers, EPA, Sam Nunn Federal Center, 61 Forsyth Street SW, Atlanta, GA 30303
DWR RRO 401 file
DWR 401 & Buffer Permitting Branch file
Filename: 050732v37BriarChapel(Chatham)_401_IC_Mod

NNP Briar Chapel, LLC
DVVR#US'O732v37
Individual Certification #3567
Page 3 of 10
CERTIFICATION #3567 is issued in conformity with the requirements of Section 401, Public Laws
92-500 and 95-217 of the United States and subject to North Carolina's Regulations in 15A NCAC
02H .0500, to Mr. Bill Mumford and NNP Briar Chapel, LLC, who have authorization for the
impacts listed below, as described within the original application received by the N.C. Division of
Water Resources (Division) on June 17, 2005, by Public Notice issued by the U. S. Army Corps of
Engineers (Corps) on June 14, 2005 and subsequent information on December 12, 2005 and
February 24, 2006; the modification request received by the Division on June 7, 2007, by Public
Notice issued by the Corps on June 7, 2007, and subsequent information on October 8, 2007,
December 7, 2007 and January 11, 2008; the modification request received by the Division on
May 8, 2009, by Public Notice issued by the Corps on May 22, 2009, and subsequent information
#in received by the Division on May 20, 2009 and June 25, 2009; and the modification request —
received by the Division on December 8, 2016, by Public Notice issued by the Corps on December
S, 2016, and subsequent information received on January 23, 2016.
The State of North Carolina certifies that this activity will not violate the applicable portions of
Sections 3O1,3U2,3O3,30Ei5O7Of the Public Laws 92-5OOand PL95-2I7ifconducted in
accordance with the application, the supporting documentation, and conditions hereinafter set
forth.
The following impacts are hen26» approved provided that all of the conditions of the
Certification are met. No other impacts are approved, including incidental impacts. |15A
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Stream
Site A
4 linear feet
0 linear feet
Site B
166 linear feet
0 linear feet
Site D
181 linear feet
0 linear feet
Site E
84 linear feet
0 linear feet
Site F
213 linear feet
0 linear feet
Site G
296 linear feet
0 linear feet
Site H
257 linear feet
0 linear feet
Site I - intermittent
83 linear feet
0 linear feet

NNP Briar Chapel, LLC
DVVR#05'O732v37
individual Certification #3567
Page 4of1O
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Site M
310 linear feet
0 linear feet
Site 0
148 linear feet
0 linear feet
Site S
58 linear feet
0 linear feet
Site T
36 linear feet
0 linear feet
Site U
134 linear feet
0 linear feet
Site V
112 linear feet
0 linear feet
Site Y
135 linear feet
0 linear feet
Site Z
130 linear feet
0 linear feet
Utility Crossing 4
0 linear feet
41 linear feet
Utility Crossing 5
0 linear feet
50 linear feet
Utility Crossing 6
0 linear feet
43 linear feet
Intermittent Stream
Total
83 linear feet
0 linear feet
Perennial Stream Total
2,264 linear feet
134 linear feet
Total Stream
2,347 linearfeet
134 linearfeet
404/401 Wetlands
Site A
0.0372 acres
0 acres
Site B
0.0018 acres
0 acres
Site D
0.0282 acres
0 acres
Site E
0.0065 acres
0 acres
Site G
0.0095 acres
0 acres
Site 1
0.0003 acres
0 acres
Site N
0.3449 acres
0 acres
Site W
0.0051 acres
0 acres
Site X
0.0055 acres
0 acres
Total 4041401 Wetlands
0.4390 acres
0 acres
1 Stream impacts are perennial unless otherwise noted.
2. Compensatory Mitigation
Compensatory stream mitigation shall be accomplished by using 2,127 linear feet of stream
mitigation credit at the Harpers Crossroads stream mitigation site and the remaining 137
linear feet of required stream credit (10:1 ratio = 13,700 linear feet) from the 63,412 linear
feet of available onsite stream preservation. These mitigation efforts shall be protected
through use of three separate Declarations of Covenants and Restrictions — Riparian Areas
recorded with the Chatham County Register of Deeds (DB 1371, Page 1174; DB 1372, Page
226; and DB 1291, Page 731).

NNP Briar Chapel, LLC
DVVR#O5-073Zv]7
Individual Certification #]567
Page Sofl0
The Permittee shall provide stream restoration in accordance with the plan entitled
'Harpers Crossroads Stream Restoration Plan/ dated September 2005. The restoration site,
which was authorized with a separate D/\nationwide permit (USACEACtion |d No.
3OO42O4A9) has already been constructed. The as -built report dated June lZ,2OO6states
the total stream restoration generated bythe project as2,137|inearf8et Within 9Odays of
the USACE's determination that the Harpers Crossroads Stream Restoration ProjecthGsrnet
the success criteria outlined in the 'Harpers Crossroads Stream Restoration Plan/ the
permittee shall arrange for the transfer of the existing conservation easements to a third -
party grantee, subject to approval bythe USA[E.
Type of Impact
Compensatory Mitigation
Required
River and Sub -basin
Number
Stream (perennial)
2,154 (linear feet)
Cape Fear/03030002
Stormwater Management Plan
A final, written stormwater management plan for each future phase shall be submitted to the
DVVR4O1 & Buffer Permitting Branch (I617 Mail Service Center, Raleigh, NC 27699-1617).
The 5tOrrnvwatermanagement plan /SK4P\shall bedesigned tOtreat the runoff from the entire
built upon area in the phase in accordance with current 4OI3tormnvvaterRequirements and
BMP Manual onthe date ofthe submittal. The SMP shall be approved bythe Division before
any land disturbance associated with that phase may occur. Before any future permanent
building or other structure is occupied at the site, the corresponding SMP as approved by the
Division shall constructed and operational. [15A NCAC 02H .0506(b)(5)]
4. Reclaimed Water Generation, Conjunctive Reclaimed Water Utilization, Non -Conjunctive
Reclaimed Water Utilization, and Wastewater Irrigation System Permit
Full compliance with Permit VVC0X]28552Lissued bythe Non -Discharge Branch nfthe
Division, is required.
5. Water Quality Monitoring
Water quality monitoring completed by Eagle Resources from 2007 to 2015 have not shown
water quality impacts from the project. Water quality monitoring required by Condition
#11 of the 401 Water Quality Certification issued on May 9, 2006 is no longer required.
6. 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 application for this project. 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. Approved plans and
specifications for this project are incorporated by reference and are enforceable parts of
this certification. [15A NCAC 02H .0501 and .0502]

NNP Briar Chapel, LLC
DVVR#0S-O732v37
Individual Certification #]567
7. Sediment and Erosion Control
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. |fapplicable, the project rnuStcornp{yvviththe5pecificconditions
and requirements of the NPDES Construction Stormwater Permit issued to the site and the
following requirements [lSANCACOZH.O5O6(b)(3\and (c)(3)l:
a. Design, installation, operation, and maintenance ofthe sediment and erosion
control measures must be such that they equal or exceed the requirements specified
inthe most recent version ofthe North Carolina Sediment and Erosion Control
Manual. The devices shall be maintained on all construction sites, borrow sites, and
waste pile (Spoi|)projects, in[|udingcontrJc±or-ovvnedor|ea5£d borrow pits
associated with the project.
b. 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.
c. Reclamation measures and implementation must comply with the reclamation in
accordance with the requirements ofthe Sedimentation Pollution Control Act and
the Mining Act Of1971.
d. Sufficient materials required for stabilization and/or repair of erosion control
measures and stormwater routing and treatment shall be on site at all times.
8. Sediment and erosion control measures shall not be placed in wetlands or waters.
Exceptions to this condition require application submittal to and written approval by the
Division. |fplacement ofsediment and erosion control devices inwetlands and waters is
unavoidable, then design and placement of temporary erosion control measures shall not
be conducted in a manner that may result in dis-equilibrium of wetlands, stream beds, or
banks, adjacent toorupstream and downstream ofthe above structures. All sediment and
erosion control devices shall beremoved and the natural grade restored within two (2)
months of the date that the Division of Energy, Mineral and Land Resources (DEMLR) or
locally delegated program has released the specific area within the project. [I5AN[ACO2H
.O5O1and .O5O2]
9. Construction Stormwater Permit NCGO10000
An NPDES Construction Stormwater Permit is required for construction projects that disturb
one (1) or more acres of land. This Permit allows stormwater to be discharged during land
disturbing construction activities as stipulated in the conditions of the permit. If your
project is covered by this permit, full compliance with permit conditions including the
erosion & sedimentation control plan, inspections and maintenance, self-monitoring, record
keeping and reporting requirements is required. A copy of the general permit
(NCGOIOOOO), inspection log sheets, and other information may be found at:

NNP Briar Chapel, LLC
DVVR#OS-O73Zv37
Individual Certification #3567
Page 7of1U
[15ANCA[02H.0506/b\(5)end
(r)/5
U 1&
Work in the DrV
All work in or adjacent to stream waters shall be conducted so that the flowing stream does
not come incontact with the disturbed area. Approved best management practices from the
most current version of the NC Sediment and Erosion Control Manual, or the INIC DOT
Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams,
and other diversion structures shall be used to minimize excavation in flowing water. |15A
11. If concrete isused during the construction, then all necessary measures shall betaken to
prevent direct contact between uncured or curing concrete and waters of the state. Water
that inadvertently contacts uncured concrete shall not bedischarged tOwaters ofthe state
due tothe potential for elevated pHand possible aquatic life/fish kills. [15ANCAC0IB.0200]
12. Placement of Culverts and Other Structures in Waters and Wetlands [15A NCAC 02H
Culverts required for this project shaUbeinSta|ledinsuchann3nnerthattheoriginal stream
profiles are not altered and to a{luvv for aquatic life movement during low flows. Existing
stream dimensions (including the cross section dimensions, pattern and longitudinal profile)
must be maintained above and below locations ofeach culvert.
Placement ofculverts and other structures inwaters, streams must bebelow the elevation of
thestneanobed by one (1) 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 ofwater and aquatic life.
installation of culverts in wetlands must ensure continuity of water movement and be
designed toadequately accommodate high water Orflood conditions. Additionally, when
roadways, causeways, orother fill projects aneCUn5tructedacmosSFEMArde5ignated
flomdvvaysorwetlands, openings such aSculverts Orbridges must beprovided tomaintain the
natural hydrology Ofthe system aswell asprevent constriction ofthe flOodvvaythat may
result indestabilization ofstreams Orwetlands.
The establishment of native, woody vegetation and other soft stream bank stabilization
techniques must be used where practicable instead of rip rap or other bank hardening
methods.
0. All temporary fill and culverts shall be removed and the impacted area returned to natural
conditions, within 60 days of the determination that the temporary impact is no longer
necessary. The impacted areas shall be restored to original grade, including each stream's
original cross sectional dimensions, plan form pattern, and longitudinal bed and bed profile,

NNP Briar Chapel, LLC
DVVR#0Sf)7]2v37
Individual Certification #3567
and the various sites shall be stabilized with natural woody vegetation (except approved
maintenance areas) and restored to prevent erosion. [15A NCAC 02H .0506(b)(2) and (c)(2)]
14. All temporary pipes/culverts/riprap pads etc, shall be installed in all streams asoutlined inthe
most recent edition of the North Carolina Sediment and Erosion Control Planning and Design
Manual soasnot tOrestrict stream flow orcause dis-equilibrium. [15AN[A[03H.0506/b\/3\
15. Any riprap required for proper culvert placement, stream stabilization, or restoration of
temporarily disturbed areas shall berestricted tothe area directly impacted bythe approved
construction activity. All riprapshall beburied and/or "keyed in" such that the original
stream elevation and strearnbankcontours are restored and maintained. Placement Ofriprap
or other approved materials shall not result in cle-stabilization of the stream bed or banks
upstream ordownstream ofthe area. [15ANCACO2H.0506/b\(2)]
15.Any hpmapused for stream stabilization shall beofasize and density toprevent movement hv
wave action, current action, or stream flows and consist of clean rock Or masonry material
free ofdebris ortoxic pollutants. Riprapshall not beinstalled inthe stre8nmbedexcept in
specific areas required for velocity control and toensure integrity Ofbank stabilization
measures. [15A NCAC 02H .0506(b)(2)]
17. A one-time application Offertilizer b} re-establish vegetation is allowed in disturbed areas
including riparian buffers, but is restricted tonocloser than 10feet from top ofbank of
streams. Any fertilizer application must comply with all other Federal, State and Local
regulations. [15ANCAC03B.023I]
18. Deed notifications or similar mechanisms shall be placed on all retained jurisdictional
wetlands, waters and protective buffers within the project boundariesinordertoa35ure
compliance for future wetland, water and buffer impact. These mechanisms shall b8put in
place atthe time Vfrecording ofthe property, urofindividual lots, whichever iSappropriate.
ASarnp|e deed notification can be downloaded from the 401 &Buffer Permitting Branch
website at . The
text of the sample deed notification may be modified as appropriate to suit to this project.
Documentation nfdeed notifications shall beprovided tothe Division upon request. [15A
19. This Certification does not relieve the applicant of the responsibility to obtain all other

NNP Briar Chapel, LLC
DVVR#O5-0732v37
Individual Certification #3567
Page 9of1U
20. Continuing Compliance
Mr. Bill Mumford and NNP Briar Chapel, LLC shall conduct construction activities in a manne
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 and Federal law. [15A NCAC 02B.0200] If the Division determines th
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.
Before modifying the Certification, the Division shall notify Mr. Bill Mumford and NNP Briar
Chapel, LLC and the U.S. Army Corps of Engineers, provide public notice in accordance with
15A NCAC 02H .0503 and provide opportunity for public hearing in accordance with 15A NC
02H .0504. Any new or revised conditions shall be provided to Mr. Bill Mumford and NNP
Briar Chapel, LLC in writing, shall be provided to the U.S. Army Corps of Engineers for
reference in any Permit issued pursuant to Section 404 of the Clean Water Act, and shall als
become conditions of the 404 Permit for the project.
21.This approval isfor the purpose and design described inyour application and @3described in
the Public Notice. The plans and specifications for this project areinoorporated by reference
and are 3nenforceable part ofthe Certification. |fyou change your project, yOurnuStnOtifv
the Division and you may be required tosubmit a new application package with the
appropriate fee. |fthe property issold, the new owner must begiven acopy ofthis
Certification and isresponsible for complying with all conditions. Any new owner must notify
the Division and request the Certification beissued intheir name. [15/\N[A[Q2H.O50land
22. The applicant and/or authorized agent shall provide a completed Certificate of Completion
Form to the DWR 401 & Buffer Permitting Branch within ten days of project completion
(available at: http://porta1.ncdenr.org/web/`­­"wq/swp/"`ws/401/"""certsandper iits/apply/forms).
23. This certification grants permission to the director, an authorized representative of the
Director, or DEQ staff, upon the presentation of proper credentials, to enter the proper
during normal business hours. [15A NCAC 02H .0502(e)] I

NNP Briar Chapel, LLC
DWR# 05-0732 v37
Individual Certification #3567
Page 10 of 10
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. The
conditions in effect on the date of issuance shall remain in effect for the life of the project,
regardless of the expiration date of this Certification. [15A NCAC 02H .0507(d)(2) and 15A NCAC
02H.0506]
Non-compliance with or violation of the conditions herein set forth may result in revocation of
this Certification and may also result in criminal and/or civil penalties.
This the 3rd day of February 2017
Karen Higgins, Supervisor
401 & Buffer Permitting Branch
KAH/jab
3567