20061146 Ver 3_Approval Letter_20080724

~oF wA rF9 p Michael F. Easley, Governor
~i William G. Ross Jr., Secretary
%J 7 North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality

July 24, 2008
DWQ Project # 06-1146, Ver. 3
Wake County

Morrisville Partners
c/o Mr, Tomas Lowell, Casto Lifestyle Properties
9705 Chapel Hill Road
Morrisville, NC 27560

Subject Property: Park West Village
Coles Branch [030402, 27-33-3, C, NSW]

Approval of 401 Water Quality Certification, Authorization Certificate per the Neuse River Buffer
Protection Rules (15A NCAC 2B.0233), and Authorization of Neuse River Riparian Buffer Protection
Rules Minor Variance [15A NCAC 2B.0233(9)(b)] with Additional Conditions
Dear Mr. Lowell:

You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 149 linear feet of perennial stream (134 linear feet permanent impact and 15
linear feet temporary impact), 330 linear feet of intermittent stream (310 linear feet permanent impact and
20 linear feet temporary impact) and 32,457 square feet of Zone 1 Neuse River basin protected riparian
buffers and 24,996 square feet of Zone 2 Neuse River basin protected riparian buffers, as described in
your application dated June 25, 2008, and received by the Division of Water Quality (DWQ) on June 27,
2008, with additional information received February 12, 2008, and June 9, 2008, to construct the
proposed residential and retail development at the site. After reviewing your application, we have
decided that the impacts are covered by General Water Quality Certification Number(s) 3704 (GC3704)
and 3705 (GC3705). The Certification(s) allows you to use Nationwide Permit(s) NW 14, NW29 and
NW39 when issued by the US Army Corps of Engineers (USACE). This letter shall also act as your
approved Authorization Certificate for impacts to the protected riparian buffers per 15A NCAC 2B .0233.
Additionally, this letter shall act as your Minor Variance authorization as described within 15A NCAC
2B .0233(9)(b). 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 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:

None Carolina
401 Oversight/Express Review Permitting Unit Naturally
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,ne.us/ncwetiands
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Morrisville Partners
Page 2 of 5
July 24, 2008
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 Units Plan Location or Reference
Stream - perennial 149 [(linear feet) 134 linear feet PCN page 10 of 14
permanent impact and 15 linear feet
temporary impact}
Stream - intermittent 330 [(linear feet) 310 linear feet PCN page 10 of 14
permanent impact and 20 linear feet
temporary impact]
Buffers Zone 1 32,457 (square ft. Correspondence received 6/9/2008
Buffers Zone 2 24,996 (square ft. Correspondence received 6/9/2008
2. No Zone I Impacts
No impacts (except for "exempt" uses as identified within 15A NCAC 2B .0233) shall occur to
Zone 1 of the protected riparian buffers unless otherwise approved by the DWQ. No impervious
surfaces shall be added to Zone 1, unless otherwise approved by the DWQ.

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-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.
4. 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.
5. 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;

Morrisville Partners
Page 3 of 5
July 24, 2008

6. Diffuse Flow

All constructed stormwater conveyance outlets shall be directed and maintained as diffuse flow at
non-erosive velocities through the protected stream buffers such that it will not re-concentrate
before discharging into a stream as identified within 15A NCAC 2B .0233 (5). If this is not
possible, it may be necessary to provide stormwater facilities that are considered to remove
nitrogen. This may require additional approval from this Office.
7. Deed Notifications

Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands,
and waters in order to assure compliance for future wetland or water impacts. These mechanisms
shall be put in place at the time lots or properties are recorded. A sample deed notification can be
downloaded from the 4011Wetlands 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.

8. Deed Restrictions
Morrisville Partners (permittee) shall execute and cause to be recorded in the Wake County Register
of Deeds restrictive covenants acceptable to DWQ for the purpose of maintaining the riparian buffers,
as shown on the recorded plat, in their natural state in perpetuity, prior to the sale or conveyance of
Park West Village in Morrisville, NC. The permittee shall enforce the terms of the restrictive
covenants, and shall take no action on the subject site described in the covenants inconsistent with the
terms thereof. This requirement excludes riparian areas authorized for impacts in accordance with this
minor variance approval. The permittee shall provide a copy of the recorded restrictive covenants to
the Division of Water Quality within 15 days of recording.
9. Construction Stormwater Permit NCG010000

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.uslsulForms Documents.htm.
10. The applicant must provide documentation of the Town of Morrisville's approval of the stormwater
management plan for this project by providing EITHER:

• A valid approval letter from the Town of Morrisville indicating that the proposed activity has
an approved SMP and one copy of the approved SMP, including plan details, calculations and
other supporting information, OR
• A set of stormwater plan details and calculations stamped as "Approved" by the Town of
Morrisville.

11. Protective Fencing

Morrisville Partners
Page 4 of 5
July 24, 2008

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;

Mitigation:
12. Compensatory Mitigation Using the Ecosystem Enhancement Program (EEP)

Mitigation must be provided for the proposed impacts as specified in the table below. We
understand that you wish to make a payment to the Wetlands Restoration Fund administered by
the NC Ecosystem Enhancement Program (EEP) to meet this mitigation requirement. This has
been determined by the DWQ to be a suitable method to meet the mitigation requirement. Until
the EEP receives and clears your check (made payable to: DENR - Ecosystem Enhancement
Program Office), no impacts specified in this Authorization Certificate shall occur. The EEP
should be contacted at [phone] if you have any questions concerning payment into a
restoration fund. You have 60 days from the date of this approval to make this payment. For
accounting purposes, this Authorization Certificate authorizes payment into the Wetlands
Restoration Fund to meet the following compensatory mitigation requirement:
Type of Impact Compensatory Mitigation Required River and Sub-basin Number
Buffer -Zone 1 35,040 (square feet Neuse/03020201
Buffer - Zone 2 14,690 (square feet Neuse/03020201

13. 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/Express 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.

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, the Neuse riparian buffer protection rule as described within 15A NCAC 2B .0233, and the Neuse

Morrisville Partners
Page 5 of 5
July 24, 2008

River Riparian Buffer Protection Rules Minor Variance [15A NCAC 2B .0233(9)(b)]. If you have any
questions, please telephone Ian McMillan or Amy Chapman at 919-733-1786.
Sinc ely,

Coleen H. Sullins

CHSlijm

Enclosures: GC 3704 and GC 3705
Certificate of Completion

cc: USACE Raleigh Regulatory Field Office
Lauren Witherspoon, DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Central Files
Chad Evenhouse, Kimley-Horn & Associates, Inc., P.O. Box 33068, Raleigh, NC 27636-3068
Filename: 061146Ver3ParkWestVillage(W ake)401 _NBR_MiV

W A TF9 p Michael F. Easley, Governor
William G. Ross Jr., Secretary
co North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
North Carolina Division of Water Quality
401 Water Quality Certification
Summary of Permitted Impacts and Mitigation Requirements

In accordance with 15A NCAC 2H.0500, Mr. Thomas Lowell and Morrisville Partners, have permission as
outlined below to fill or otherwise impact 149 linear feet of perennial stream (134 linear feet permanent impact and
15 linear feet temporary impact), 330 linear feet of intermittent stream (310 linear feet permanent impact and 20
linear feet temporary impact) and 32,457 square feet of Zone 1 Neuse River basin protected riparian buffers and
24,996 square feet of Zone 2 Neuse River basin protected riparian buffers associated with construction of the
proposed residential and retail development at the site which is located on the southeast corner of Cary Parkway
and NC Highway 54, near Morrisville, in Wake County, North Carolina. All activities associated with these
authorized impacts must be conducted with the conditions listed in the attached Permit transmittal letter. THIS
CERTIFICATION IS NOT VALID WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENTS, ECOSYSTEM ENHANCEMENT PROGRAM
NC EEP NAME: Park West Village
DWQ PROJECT 20061146, Ver. 3
LOCATION: Morrisville
COUNTY Wake
BASIN/ SUB BASIN Neuse/03020201
As required by 15A NCAC 2H.0500, and the conditions of this Certification, you are required to compensate for
the above mitigable impacts through the restoration, creation, enhancement or preservation of wetlands, surface
waters and riparian buffers as outlined below prior to conducting any activities that impact or degrade the waters of
the state.
Note: Acreage requirements proposed to be mitigated through the Ecosystem Enhancement Program must be
rounded to one-quarter acre increments and linear foot requirements must be rounded up to the nearest
foot according to 15 2R.0503(b).
Impacts Mitigation
32,457 Square Feet of Zone 1 Buffer 35,040 Square Feet of Zone 1 Buffer
24,996 Square Feet of Zone 1 Buffer 14,690 Square Feet of Zone 1 Buffer

One of the options you have available to satisfy the compensatory mitigation requirement is through the payment of
a fee to the Wetlands Restoration Fund per NCAC 2R.0503. If you choose this option, please sign this form and
mail the form along with a copy of your 401 Certification or Buffer Approval to the Ecosystem Enhancement
Program at the address below. An invoice for the appropriate amount of payment will be sent to you upon receipt
of this form. PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE
NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE ECOSYTEM ENHANCMENT
PROGRAM.
Signature Date

ECOSYSTEM ENHANCEMENT PROGRAM
1652 Mail Service Center
RALEIGH, N.C. 27699-1652
[phone]
Filename: 061146 V er3 Park W estV i l l age(W ake)401-NB R_M i V-EEP
None Carolina
401 Oversight/Express Review Permitting Unit
tllCally
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
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