20090773 Ver 1_Approval Letter_20090817

ATERW;
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
August 17, 2009
Mr. Thomas Anhut
Toll Brothers, Inc.
2310 TW Alexander Drive, Suite G
Raleigh, NC 27617
DWQ Project # 09-0773
Wake County
Subject Property: The Woodlands At Green Level Crossing
Ut to White Oak Creek [030605, 16-41-6-(0.7), WSIV, NSW]
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Anhut:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 0.0173 acres of 404/wetland (0.0112 acres permanent impact and 0.0061 acres
temporary impact) and 20 linear feet of intermittent stream (temporary impact), as described within your
application dated July 13, 2009, and received by the N.C. Division of Water Quality (DWQ) on July 13,
2009, to construct the proposed residential development at the site. After reviewing your application, we
have decided that the impacts are covered by General Water Quality Certification Number(s) 3699
(GC3699) and 3705 (GC3705). The Certification(s) allows you to use Nationwide Permit(s) NW 12 and
NW29, respectively, when issued by the US Army Corps of Engineers (USACE). 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, Non-discharge, and other
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:
Conditions of Certification:
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:
401 OversighVExpress Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd„ Raleigh, North Carolina 27604
Phone: [phone] FAX [phone]
Internet: http:llh2o.enr.state.nC.Lls/ncwetlands/
NorthCarolina
naturally
An Equal Opportunity 1 Affirmative Action Employer
Toll Brothers, Inc.
Page 2 of 4
August 17, 2009
Type of Impact Amount Approved Units Plan Location or Reference
404/Wetland 0.0173 [(acres) 0.0112 acres permanent PCN page 5 of 14
impact and 0.0061 acres temporary
impact]
Stream (intermittent) 20 (linear feet) - temporary impact PCN page 5 of 14
Sediment and Erosion Control:
2. 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.
3. 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 404/401Permit Application. 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. Sediment and erosion control measures shall not be placed in wetlands or waters without prior approval
from the Division. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, design and placement of temporary erosion control measures shall not be conducted in a
manner that may result in dis-equilibrium of wetlands or stream beds or banks, adjacent to or upstream
and down stream 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 Land Resources or
locally delegated program has released the project;
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 15 NCAC 2H,
Section .0500;
6. Stormwater Management Plan (SMP) Approval Required
Before the impacts specified in this Certification may occur, the applicant must meet all of the
provisions set forth in the document Stormwater Management Plan (SMP) Requirements for
Applicants other than the North Carolina Department of Transportation, available at:
httn:Hh2o.enr.state.nc.us/ncwetlands/documents/SMPReauirementsforAoalicantsotherthanNCDO
T.pdf. The required SNIP documentation must be submitted within 60 days of the issuance of the
401 Water Quality Certification to the DWQ (401 Oversight and Express Permitting Unit, 2321
Crabtree Blvd., Suite 250, Raleigh, NC, 27604).
Toll Brothers, Inc.
Page 3 of 4
August 17, 2009
SMP approval and implementation procedures shall be as follows:
• The SMP must be approved in writing by either the 401 Oversight/Express Unit or, if the project
is subject to another state stormwater program, a copy of the approval letter and approved SMP
must be submitted before any impacts authorized in this certification occur. If a development is
phased, then the SMP for each future phase must approved by the 401 Oversight/Express Unit or,
if the project is subject to another state stormwater program, a copy of the approval letter and
approved SMP must be submitted before any impacts associated with that phase may occur.
• The approved SMP must be constructed and operational before any permanent building or other
structure is occupied at the site. If a development is phased, then the approved SMP for each
future phase must be constructed and operational before any permanent building or other
structure associated with that phase is occupied.
• The approved SMP as well as drainage patterns must be maintained in perpetuity.
• The SMP may not be modified without prior written authorization from the SMP approval
authority. If the SMP falls under another state stormwater program, then a copy of the approval
letter and the modified SMP must be submitted to the 401 Oversight/Express Unit prior to the
commencement of the modifications.
Certificate of Completion:
7. 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/Wetlands Unit, North Carolina Division of Water Quality,
1650 Mail Service Center, Raleigh, NC, 27699-1650.
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.
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.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act. If you have any questions, please telephone Cyndi Karoly or Ian McMillan in the Central Office in
Raleigh at 919-733-1786 or Lauren Witherspoon in the DWQ Raleigh Regional Office at 919-791-4200.
Sincer ly,
Coleen H. Sullins
CHS/gym
Enclosures: GC3699 and GC3705
Certificate of Completion
Toll Brothers, Inc.
Page 4 of 4
August 17, 2009
cc: Lauren Witherspoon, DWQ Raleigh Regional Office
USACE Raleigh Regulatory Field Office
DLR Raleigh Regional Office
File Copy
Debbie Edwards, S&EC, P.A., 11010 Raven Ridge Road, Raleigh, NC 27614
Filename: 090773The WoodlandsAtGreenLevelCrossing(Wake)401