20160285 Ver 2_Approval Letter_20170915

t
V'Vatei Resources
Calatlantic Group, Inc.
Attn: Mr. Jason H. Rivenbark
1100 Perimeter Park Drive, Ste 112
Morrisville, NC 27560
ROY
MIC HALL S. REGAN
S. JAY ZIMMI-'RMAN
WWR # 16-0285 v2
Wake County
Subject: Approval of Individual 401 Water Quality Certification with Additiona-
Conditions
Oak Pointe Subdivision
USACE Action ID. No. SAW -2016-00095
This approval and its conditions are final and binding unless contested. This �ertificaticj
can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a writtem-
petition for an administrative hearing to the Office of Administrative Hearings (here
known as OAH) within sixty (60) calendar days. I
A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling t
OAH Clerk's Office at [phone] for information. A petition is considered filed wh
the original and one (1) copy along with any applicable OAH filing fee is received in t
OAH during normal office hours (Monday through Friday between 8:00am and 5:00p
excluding official state holidays). I
State of North Carolina I Environmental Quality ; Water Resources
1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919 807 6300

Calatlantic Group, Inc.
DW R# 16-0285 v2
Individual Certification #4071
Page 2 of 9
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
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
If sending via delivery service (UPS,
FedEx, etc):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to Department of Environmental
Quality:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This certification completes the review of the Division under section 401 of the Clean
Water Act and 15A NCAC 02H .0500. Contact Jennifer Burdefte at 919-807-6364 or
jennifer.burdette(o-)ncdenr.qov if you have any questions or concerns.
Sincerely,
Karen Higgins, Supervisor
401 & Buffer Permitting Branch
cc: Jim Spangler, Spangler Environmental, Inc. (via
[e-mail])
Dalton Cook, Spangler Environmental, Inc. (via
[e-mail])
Troy George, Calatlantic Group, Inc. 1100 Perimeter Park Drive, Ste 122,
Morrisville, NC 27560
USACE Raleigh Regulatory Field Office
Todd Bowers, EPA, Sam Nunn Federal Center, 61 Forsyth Street SW, Atlanta,
GA 30303
DWR RRO 401 file
Filename: 1602850akPointeSD(Wake)_401_IC—Mod.docx

CoaUenUcGroup, Inc.
DVVR#18-0285v2
Individual Certification #4071
Page 3ofQ
CERTIFICATION #4071 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. Jason H. Rivenbark and Calatlantic Group,
Inc., who have authorization for the impacts listed below, as described within the
application received by the N.C. Division of Water Resources (Division) on March 18,
2016 and subsequent information on June 27, 2016 and August 9, 2016, by Public Notice
issued by the U. S. Army Corps of Engineers and received by the Division on March 23,
2016, and a modification request received on August 29, 2017 with subsequent
information received on August 30, 2017 and September 15, 2017.
The State of North Carolina certifies that this activity will not violate the applicable
portions of Sections 301, 302, 303, 306, 307 of the Public Laws 92-500 and PL 95-217
if conducted in accordance with the application, the supporting documentation, and
conditions hereinafter set forth.
This approval requires you to follow the conditions listed in -the certification
Conditions of Certification:
1. Impacts Approved
The following impacts are hereby approved provided that all of the conditions of the
Certification are met. No other impacts are approved, including incidental impacts.
Type of Impact
Amount Approved
Amount Approved
(units)
(units)
Permanent
Temporary
Stream
S1 (Bl) —
69 (linear feet)
0 (linear feet)
S2 (Cl) -
151 (linear feet)
0 (linear feet)
(E) - perennial
0 (linear feet)
20 (linear feet)
_S4
Totals
335 (linear feet)
20 (linear feet)
-Stream
404/401 Wetlands

Calatlantic Group, Inc.
DWR# 16-0285 v2
..... . . . . . . . .
WN11mize
Type of Impact
Amount Approved
Amount Approved
(units)
(units)
Permanent
Temporary
404/401
115 (feet)
03030002
Wetlands
0.93 (acres)
0.02 (acres)
Totals
1=
Mitigation must be provided for the proposed impacts as specified in the table below -
The Division has received an acceptance letter from the NC Division of Mitigation
Services (DMS) to meet this mitigation requirement. Until DIVIS receives and clears
your payment, and proof of payment has been provided to this Office, no impacts
specified in this Authorization Certificate shall occur. For accounting purposes, this
Authorization Certificate authorizes payment to DMS to meet the following
compensatory mitigation requirement [1 5A NCAC 02H .0506 (b)(6)]:
3. Stormwater Management Plan
You are required to provide a digital copy of the approved stormwater management
plan (SMP), including plan details on full-sized plan sheets, with proof of the Town of
Apex's approval. The approved SMP shall be submitted to Jennifer Burdette of the
DWR 401 and Buffer Permitting Branch [e-mail]) before any
impacts authorized in this certification occur. After it is approved, the SMP may not
be modified without prior written authorization from the Town of Apex. If modified, a
digital copy of the approval letter and modified SMP shall again be submitted to the
DWR 401 & Buffer Permitting Branch (at the email address above) prior to the
commencement of the modifications. [1 5A NCAC 02H .0506(b)(5)]
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 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. [1 5A NCAC 02H .0501 and
.0502]
i. 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
Compensatory
River & Sub -
Mitigation Required
basin Number
Cape Fear
Stream
115 (feet)
03030002
3. Stormwater Management Plan
You are required to provide a digital copy of the approved stormwater management
plan (SMP), including plan details on full-sized plan sheets, with proof of the Town of
Apex's approval. The approved SMP shall be submitted to Jennifer Burdette of the
DWR 401 and Buffer Permitting Branch [e-mail]) before any
impacts authorized in this certification occur. After it is approved, the SMP may not
be modified without prior written authorization from the Town of Apex. If modified, a
digital copy of the approval letter and modified SMP shall again be submitted to the
DWR 401 & Buffer Permitting Branch (at the email address above) prior to the
commencement of the modifications. [1 5A NCAC 02H .0506(b)(5)]
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 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. [1 5A NCAC 02H .0501 and
.0502]
i. 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

Calatlantic Group, Inc.
DWR# 16-0285 v2
maintenance of such Best4lanagement Practices. If applicable, the project must
comply with the specific conditions and requirements of the NPDES Construction
Stormwater Permit issued to the site and the following requirements [1 5A NCAC
02H .0506(b)(3) and (c)(3)]:
a. 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.
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.
Reclamation measures and implementation must comply with the reclamation
in accordance with the requirements of the Sedimentation Pollution Control
Act and the Mining Act of 1971.
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.
6. 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. If placement of sediment and erosion control devices in wetlands 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 to or upstream and downstream of the
above structures. All sediment and erosion control devices shall be removed 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. [1 5A NCAC 02H .0501 and .0502]
7. 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 (NCGO1 0000), inspection logg
sheets, and other information may be found at:
http://r)ortal.ncdenr.org/web/wq/ws/su/npdessw#tab-w. [1 5A NCAC 02H .0506(b)(5)
and (c)(5)]

Calatlantic Group, Inc.
DWR# 16-0285 v2
. . . . . . . ......
8. TTork in the Dry
All work in or adjacent to stream waters shall be conducted so that the flowing stream
does not come in contact with the disturbed area. Approved best management
practices from the most current version of the NC Sediment and Erosion Control
Manual, or the NC 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. [1 5A NCAC 02H .0506(b)(3) and (c)(3)]
Si. If concrete is used during the construction, then all necessary measures shall be taken
to prevent direct contact between uncured or curing concrete and waters of the state.
Water that inadvertently contacts uncured concrete shall not be discharged to waters
of the state due to the potential for elevated pH and possible aquatic life/fish kills.
[1 5A NCAC 02B .0200]
7FI�Placerneni 0T'VM7UrL7R=—*Y ricilres in T MITI n 717
.0506(b)(2) and (c)(2)]
Culverts required for this project shall be installed in such a manner that the original
stream profiles are not altered and to allow 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 of each culvert.
Placement of culverts and other structures in waters, streams must be below the
elevation of the streambed 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 of water and aquatic life.
Installation of culverts in wetlands must ensure continuity of water movement and be
designed to adequately accommodate high water or flood conditions. Additionally,
when roadways, causeways, or other fill projects are constructed across FEMA -
designated floodways or wetlands, openings such as culverts or bridges must be
provided to maintain the natural hydrology of the system as well as prevent
constriction of the floodway that may result in destabilization of streams or wetlands.
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.
11. 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, and the various sites shall be stabilized with natural woody
vegetation (except approved maintenance areas) and restored to prevent erosion.
[1 5A NCAC 02 H .0506(b)(2) and (c)(2)]

Calatlantic Group, Inc.
DWR# 16-0285 v2
Qerfific?fi#,A X-4*71
Page 7 of 9
12.All temporary pipes/culverts/riprap pads etc, shall be installed in all streams as
outlined in the most recent edition of the North Carolina Sediment and Erosion Contro!
Planning and Design Manual so as not to restrict stream flow or cause dis-equilibrium.
[1 5A NCAC 02 H .0506(b)(2) and (c)(2)]
13.Any riprap required for proper culvert placement, stream stabilization, or restoration of
temporarily disturbed areas shall be restricted to the area directly impacted by the
approved construction activity. All riprap shall be buried and/or "keyed in" such that
the original stream elevation and streambank contours are restored and maintained.
Placement of riprap or other approved materials shall not result in de -stabilization of
the stream bed or banks upstream or downstream of the area. [1 5A NCAC 02H
.0506(b)(2)]
14. Any riprap used for stream stabilization shall be of a size and density to prevent
movement by wave action, current action, or stream flows and consist of clean rock or
masonry material free of debris or toxic pollutants. Riprap shall not be installed in the
streambed except in specific areas required for velocity control and to ensure integrity
of bank stabilization measures. [1 5A NCAC 02H .0506(b)(2)]
15. A one-time application of fertilizer to re-establish vegetation is allowed in disturbed
areas including riparian buffers, but is restricted to no closer than 10 feet from top of
bank of streams. Any fertilizer application must comply with all other Federal, State
and Local regulations. [1 5A NCAC 02B .0231 ]
16. Deed notifications or similar mechanisms shall be placed on all retained jurisdictional
wetlands, waters and protective buffers within the project boundaries in order to
assure compliance for future wetland, water and buffer impact. These mechanisms
shall be put in place at the time of recording of the property, or of individual lots,
whichever is appropriate. A sample deed notification can be downloaded from the 401
&Buffer Permitting Branch website at
http://portal.ncdenr.orq/web/wq/swp/ws/401/certsandpermits/apply-/`forms. Thetextof
the sample deed notification may be modified as appropriate to suit to this project.
Documentation of deed notifications shall be provided to the Division upon request.
[1 5A NCAC 02H .0501 and .0502]
17. This Certification does not relieve the applicant of the responsibility to obtain all oth
required Federal, State, or Local approvals. I
18. Continuing Compliance
Mr. Jason H. Rivenbark and Calatlantic Group, Inc. 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 and Federal law. [1 5A NCAC 02B
.0200] 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 federa'

Calatlantic Group, Inc.
DW R# 16-0285 v2
Individual Certification #4071
Page 8 of 9
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. Jason H. Rivenbark and Calatlantic Group,
Inc. 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 NCAC 02H .0504. Any new or revised conditions shall be provided to Mr. Jason
H. Rivenbark and Calatlantic Group, Inc. 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 also become conditions of the 404 Permit for the project.
19. This approval is for the purpose and design described in your application and as
described in the Public Notice. The plans and specifications for this project are
incorporated by reference and are an enforceable part of the Certification. If you
change your project, you must notify the Division and you may be required to submit a
new application package with the appropriate fee. If the property is sold, the new
owner must be given a copy of this Certification and is responsible for complying with
all conditions. Any new owner must notify the Division and request the Certification be
issued in their name. [15A NCAC 02H .0501 and .0502]
20. 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://portal.ncdenr.org/web/wq/swp/ws/401/certsandpermits/apply/forms). [15A
NCAC 02H .0502(f)]
21.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
property during normal business hours. [15A NCAC 02H .0502(e)]
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 15th day of September 2017
Karen Higgins, Supr
401 & Buffer Permitting Branch

Calatlantic Group, Inc.
DWR# 16-0285 v2
ndividual Certification 44071
Page 9 of 9
1"Ell "a ME 01