20061214 Ver 2_Approval Letter_20070131

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
January 31, 2007
DWQ Project # 06-1214, Ver. 2
Wake County
Mr. Tim Smith
100 Weston Estates Way
Cary, NC 27513
Subject Property: Wild Acres
UT to Middle Creek [030403, 27-43-15-(1), C, NSW]
Approval of 401 Water Quality Certification and Authorization Certificate per the Neuse River
Buffer Protection Rules (15A NCAC 2B .0233) with Additional Conditions -MODIFICATION
Dear Mr. Smith:
You have our approval, in accordance with the attached conditions and those listed below, to
place fill within or otherwise impact 0.49 acres of wetland (0.37 acres permanent impacts, 0.12
acres temporary impacts), 345 linear feet of perennial stream (255 linear feet permanent impacts,
901inear feet temporary impacts), 231 linear feet of intermittent stream (2091inear feet
permanent impacts, 221inear feet temporary impacts), and 43,348 square feet (ft2) of protected
Zone 1 Neuse River basin riparian buffer and 27,817 square feet (ft2) of protected Zone 2 Neuse
River basin riparian buffer as described in your application dated July 28, 2006, and received by
the Division of Water Quality (DWQ) on July 28, 2006, for the purpose of constructing the
residential subdivision and accompanying utilities at the site. After reviewing your application,
we have decided that the impacts are covered by General Water Quality Certification Number(s)
3374 and 3402 (GC3374 and GC3402). The Certification(s) allows you to use Nationwide
Permit(s) NW 12 and NW39, respectively, 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 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 1501inear 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.
NQ~thCarolina
401 Oversight/Express Review Permitting Uni[ QtllCU~h,~
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] /Internet: httn://h2o.enr.state.nc.us/ncwetlands
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/]0% Post Consumer Paper

Tim Smith
Page 2 of 6
January 31, 2007
The Additional Conditions of the Certification are:
I . 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 A roved Units) Plan Location or Reference
404/Wetland 0.49 acres of wetland (0.37 acres permanent impacts,
0.12 acres tem ora im acts) PCN page 6 of 14
Stream -perennial 345 linear feet of perennial stream (255 linear feet
ermanent im acts, 90 linear feet tem ora im acts) PCN page 7 of 14
Stream -intermittent 231 linear feet of intermittent stream (209 linear feet :
ermanent im acts, 22 linear feet tem or im acts) PCN page 5 and 6 of 12
Buffer -Zone 1 43,348 (s uare ft.) . PCN a e 9, 10 and 11 of 12
Buffer -Zone 2 27,817 (s uare ft. PCN a e 9, 10 and 11 of 12
2. 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.
3. 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.
4. 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;

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Page 3 of 6
January 31, 2007
5. 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 .02'33 and GC 3404;
6. 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.
Culvert(s) shall not be installed in such a manner that will cause aggradation or erosion of the
stream up or down stream of the culvert(s). Existing stream dimensions (including the cross
section dimensions, pattern and longitudinal profile) shall be maintained above and below
locations of each culvert.
Placement of culverts and other structures in waters, streams, and wetlands must be placed
below the elevation of the streambed by one 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. Design and placement of culverts
and other structures including temporary erosion control measures shall not be conducted in a
manner that may result in disequilibrium of wetlands or streambeds or banks, adjacent to or
upstream and down stream of the above structures. The applicant is required to provide
evidence that the equilibrium shall be maintained if requested in writing by DWQ.
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.
If rip-rap is necessary, it shall not be placed in the stream bed, unless specifically approved by
the Division of Water Quality.
Installation of culverts in wetlands must ensure continuity of water movement and be designed
to adequately accommodate high water or flood conditions.
Upon completion of the..project, the Applicant shall complete and return the enclosed
"Certificate of Completion" form to notify NCDWQ when all work included in the §401
Certification has been completed. The responsible party shall complete the attached form and
return it to the 401/Wetlands Unit of the NC Division of Water Quality upon completion of the
project. Please send photographs upstream and downstream of each culvert site to document
correct installation along with the Certificate of Completion form.

Tim Smith
Page 4 of 6
January 31, 2007
7. Written Stormwater Management Plan (Final Plan Needed) Required For Each Phase
A final, written stormwater management plan (including a signed and notarized Operation
and Maintenance Agreement) for each phase of the entire project (Tract D, Tract F, Tract J
and the Recreation Tract) shall be submitted to the 401 Oversight and Express Permitting
Unit (2321 Crabtree Blvd., Suite 250, Raleigh, NC, 27604) and the stormwater management
plans shall be approved in writing by this Office before the impacts for that particular phase
may occur per Condition No. 4 in GC No. 3402. PLEASE NOTE: This site will require
constructed wetlands or bio-retention ponds to treat stormwater due to being in a
nutrient sensitive waters (NSW), unless it can be demonstrated that wet detention and
forested filter strips BMPs will be sized large enough to achieve the same nutrient
removal effectiveness as constructed wetlands orbio-retention ponds. You have the
option of using the Express Review Program for expedited approval of these plans. If you
propose to use the Express Review Program, remember to include the appropriate fee with
the plan. Site-specific stormwater management shall be designed to remove 85% TSS
according to the latest version of DWQ's Stormwater Best Management Practices manual at a
minimum. Additionally, in watersheds within one mile and draining to 303(d) listed waters,
as well as watersheds that are classified as nutrient sensitive waters (NSW), water supply
waters (WS), trout waters (Tr), high quality waters (HQW), and outstanding resource waters
(ORW), the Division shall require that extended detention wetlands, bio-retention areas, and
ponds followed by forested filter strips (designed according to latest version of the NCDENR
Stormwater Best Management Practices Manual) be constructed as part of the stormwater
management plan when asite-specific stormwater management plan is required.
Also, the stormwater management plan (as approved by the Wetlands Unit) shall be
implemented before any permanent building or other structure is occupied at the subject site.
The structural stormwater practices as approved by the Wetlands Unit as well as drainage
patterns must be maintained in perpetuity. No changes to the structural stormwater practices
shall be made without written authorization from the Division of Water Quality.
8. Diffuse Flow (No Review)
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.
9. 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 may be modified as appropriate to suit to this project;

Tim Smith
Page 5 of 6
January 31, 2007
10. Sewer Systems
The project shall comply with 15A NCAC 2H .0219(i)(2)(G) and all other State, Federal and
local sewer system regulations.
11. Construction Stormwater Permit NCGO10000
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. us/su/Forms Documents. htm. ;
12. 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.

Tim Smith
Page 6 of 6
January 31, 2007
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 Cyndi Karoly or Ian McMillan at 919-733-
1786.
AWK/ijm
Enclosures: GC 3374, GC3402
Certificate of Completion
Sincerely, ~'
Alan W. Klimek, P.E.
cc: Nicole Thomson, S & EC, P.A., 11010 Raven Ridge Road, Raleigh, NC 29614
USACE Raleigh Regulatory Field Office
Mike Horan, DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Central Files
Filename: 061214Ver2 W ildAcres(Wake)401_NBR_MOD