20041983 Ver 2_Certification of Completion_20081203

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DWQ Project No.: _2004-1983v2
County: Wake
Applicant: CentexHomes
Project Name: -Garden at Town Hall Commons Lots 31 & 32
Date of Issuance of 401 Water Quality Certification: 11/19/07_
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 this certificate to the
401/Wetlands 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 _e?ificati
I, C (A C r ?a l J a, hereby state that, to the best of my abilities, due care
and diligence was u d in t e observatio of the construction such that the construction was observed to
be built within subs anti 1 ompliance and intent of the 401 Water Quality Certification and Buffer
Rules, the appr v pl s and specifications, and other supp rti g aterials.
Signature: Date: Z / MY
If this pr 'ec was designed by a Certified Professional
I, M rk J. Magrath, PE , 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
Permitee 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 _1/29/08
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

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North Carolina Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
919-733-1786 (phone), 919-733-6893 (fax), hftp://h2o.enr.state.nc.us/ncwetlands/
Registration No. NC 24480
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Centex Homes
Attn. Mr. Tim Carpenter
2301 Sugar Bush Drive
Raleigh, NC 27612
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
November 19, 2007
DWQ Project # 2004-1983v2
Wake County
Subject Property: Garden at Town Hall Commons Lots 31 & 32, Morrisville, NC
UT to Crabtree Creek [030402, 27-33-(3.5), B, NSW]
After-the-Fact Authorization of Neuse River Riparian Buffer Protection Rules Minor
Variance [15A NCAC 2B.0233(9)(b)]
Dear Mr. Carpenter:
You have our after-the-fact authorization, in accordance with the conditions listed below, to
impact approximately 836 square feet (ft2 ) of Zone 2 of the protected buffers to construct
retaining wall at the subject properties as described within your variance request dated June 6,
2007 and received by the Division of Water Quality (DWQ) on September 10, 2007, with
additional information received on November 7, 2007. This letter shall act as your Minor
Variance authorization as described within 15A NCAC 2B .0233(9)(b). In addition to this
authorization, 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 regulations.
This authorization 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(s) must be given a copy of this variance authorization
and is thereby responsible for complying with all conditions. This authorization requires you
to follow any conditions listed below. This authorization shall expire five years from the date of
this authorization.
The Additional Conditions of the Certification are:
1. No Zone 1 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.
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: htto://h2o.enr.state.nc.us/ncwetlends
IoM Carolina
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An Equal Opportunity/AHlrmadve Actlon Employer- 50% Recycled/10% Post Consumer Paper
Centex Hornes
Page 2 of 4
??ovember 19, 200?
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2. Buffer Mitigation (EEP
You are required tc?mitigate for impacis to the protected riparian buffers, The required
area of mitigation to compensate for 836 square feet of Zone 2 impacts to the protected
riparian buffers is :1,254 square feet as required under this variance authorization and 15A
NCAC 2B .0233. '%Ve understand that you wish to make a ?a? ment into the Riparian
- -- _.
Buffer Restoration Fund administered by tlie_I?C Ecosystem Enhancement Program
(EEP) to meet this Mitigation iequirement._ This has been determined by the DWQ to be
a suitable method to mee_.t the-rn igation requirement. In accordance with 15A NCAC 2B
_ar3 -this contribution will satisfy our compensatory mitigation requirements under 15A
NCAC 2B .0233(9)(C). Lentil the EEP receives and clears your check (made payable to:
DENR - Ecosystem Enhancement Program Office), no impacts specified in this variance
authorization shall occur. Ms. Susan Klimek should be contacted at [phone] if
you have any questions concerning payment into the EEP. For accounting purposes,
this variance authorization authorizes payment into the Riparian Buffer
Restoration Fund to compensate for 1.254 ft2 of required riparian buffer mitigation
?, for impacts to 835 ftz of protected riparian buffers; 03020201-xiver and subbasin."
3. ErosionMment Control Practices
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. 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
_Vorth 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.
4. 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.
Centex Homes
Page') of 4
November 19, 2007
5. Diffuse Flow
An additional condition is that all stormwater shall be directed as diffuse flow at non-
erosive velocities through the protected stream buffers and will not re-concentrate before
discharging into the stream as identified within 15A NCAC 2B .0233(5).
6. 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.0233.
7. Certificate of Completion
Upon completion of all work approved within this authorization, 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.
8. Deed Restrictions
Centex Homes (permittee) shall execute and cause to be recorded in the Wake County
Register of Deeds restrictive covenants acceptable to the Division of Water Quality for
the purpose of maintaining the riparian buffers, as shown on the recorded plat for Lot 32
and 31 of the Gardens at Town Hall Commons Ph.2 of the Cedar Fork Township in
Morrisville, NC), in their natural state in perpetuity, prior to any sale of Lot 32 and 31 of
the Gardens at Town Hall Commons Ph.2 of the Cedar Fork Township in Morrisville,
NC. The permittee shall provide a copy of the recorded restrictive covenants to the
Division of Water Quality within 15 days of recording.
Requests for appeals of this decision shall be made to the Office of Administrative Hearings. If
you do not accept any of the conditions of this authorization, you may ask for and 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, NC
27699-6714. This authorization and its conditions are final and binding unless you ask for a
hearing. This Minor Variance Authorization shall expire five (5) years from the date of this
letter.
This letter completes the review of the Division of Water Quality under the Neuse River
Riparian Buffer Protection Rules [ 15A NCAC 2B.0233(9)(b)]. Please call Ms. Amy Chapman
:-entex Homes
Page 4 of4
November 19, 2007
at [phone] if you have any questions or require copies of our rules or procedural
r
materials.
t j
Since lv,
Coleen H. Sullins, Director
"Division of Water Quality
CHS/cbk/asc
Enclosures: NC EEP Letter
Certificate of Completion
cc: Lauren Witherspoon; DWQ Raleigh Regional Office
DLR, Raleigh Regional Office
Venture Engineering, Attn. Mark Magrath, 314 `Vest Millbrook Road, Suite 005,
Raleigh, NC 27609
File Copy
Central Files
File Name: 041983v2GardenatTownHallCommonsLots31&32(Wake)MinVar
?QF W A 2? Michael F. Easley, Governor
Q
O G William G. Ross Jr., Secretary
r North Carolina Department of Environment and Natural Resources
> --i Coleen H. Sullins, Director
D 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, the City of Greensboro has permission as outlined below to impact 836
square feet of Zone 2 buffers for the purpose of the retaining wall at the Garden at Town Hall Commons Lots 31 &
32 in Morrisville in Wake County. 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
DWQ PROJECT #: 2004-1983v2
LOCATION: 104/105 State House Drive, Morrisville, NC
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 and surface
waters 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 iVi1u nuvu
836 square feet of Zone 2 buffers 1,254 square feet of buffers
One of the options you have available to satisfy the compensatory mitigation requirement is through the payment
of a fee to the Wetlands and/or Stream Restoration Funds 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 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
1,652 Mail Service Center
RALEIGH, N.C. 27699-1652
[phone]
Filename: 20041983v2GardenatTownHalCommonsLots31 &32(Wake)MinVar_EEP
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://www.nrwatcrquality.org
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An Equal Opportunity/Affirmative Action Employer - 50% Recycled/ 10% Post Consumer Paper
Certification of Completion
DWQ Project No.: County:
Applicant:
Project Name:
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
1 , 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:
Agent's Certification
1 , 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
=:u
I Engineer,
as a duly registered Professional (i.e., 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 Permittee 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 witliin
substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature: Registration No. Date
cos stem
PROGRAM
RECEIPT
December 27, 2007
Centex Homes
Attn. Tim Carpenter
2301 Sugar Bush Drive
Raleigh, NC 27612
Project: Garden at Town Hall Commons Lots 31 & 32
County: Wake
DWQ#: 04-1983 v 2
COE#: none
EEP #: ILF-2007-5626
Amount Paid: $1,203.84
Check Number: 198062
The North Carolina Ecosystem Enhancement Program (NCEEP) has received a check as indicated above as payment for the
compensatory mitigation requirements of the 401 Water Quality Certification/Section 404/LAMA Permit(s) issued for the
above referenced project. This receipt serves as notification that your compensatory mitigation requirements associated with
the authorized activity as specified below have been satisfied. You must also comply with all other conditions of this
certification and any other state, federal or local government permits or authorization associated with this activity.
The NCEEP, by acceptance of this payment, acknowledges that the NCEEP is responsible for the compensatory mitigation
requirements associated with the project permit and agrees to provide the compensatory mitigation as specified in the permit.
The mitigation will be performed in accordance with the Memorandum of Understanding between the NC Department of
Environment and Natural Resources and the US Army Corps of Engineers dated November 4, 1998, as indicated below.
River Basin Stream Credits Wetland Credits Buffer I & II
CU (linear feet) (acres) (Sq. Ft.)
Cold Cool Warm -Riparian Non-Riparian Coastal Marsh
Neuse 0 0 0 0 0 0 1,254
03020201
Please note that a payment made to the Ecosystem Enhancement Program is not reimbursable unless a request for
reimbursement is received within 12 months of the date of the receipt. Any such request must also be accompanied by letters
from the permitting agencies stating that the permit and/or authorization have been rescinded. If you have any questions or
need additional information, please contact Kelly Williams at [phone].
Sincerely,
c
i
William D. ilmore, PE
Director
cc: Cyndi Karoly, NCDWQ Wetlands/401 Unit
Amy Chapman, NCDWQ Wetlands/401 Unit
Mark Magrath, agent
File
xutDYG!??j... Enka"... Prot" Our State
A?CNW
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net