20061804 Ver 10_Approval Letter_20131220

A_A&74J,Y;A,
NCDENR
Division of Water Resources
Water Quality Programs
Pat McCrory Thomas A. Reeder
Governor Director
December 20, 2013
River Dell Company, Inc.
Attn: Ms. Rebecca Flowers
4880 NC 42 East,
Clayton, NC 27527
John E. Skvarla, III
Secretary
DWR # 06 -1804 V9/10
Johnston County
Subject: Approval of Individual 401 Water Quality Certification with Additional
Conditions and Authorization Certificate per the Neuse Riparian Buffer Rules —
REVISION 6
The Village at Flowers Plantation
USACE Action ID. No. SAW- 2008 -01712
Dear Ms. Flowers:
Attached hereto is a copy of Certification No. 3766 issued to Ms. Rebecca Flowers and River
Dell Company, Inc., dated December 20, 2013. This Certification replaces the Certification
issued to you on February 22, 2013. Please note that you should get any other federal,
state or local permits before proceeding with the subject project, including those required
by (but not limited to) Sediment and Erosion Control, Non - Discharge, and Water Supply
Watershed regulations.
This approval and its conditions are final and binding unless contested. This
Certification /Authorization can be contested as provided in Articles 3 and 4 of General Statute
1506 by filing a written petition for an administrative hearing to the Office of Administrative
Hearings (hereby known as OAH) within sixty (60) calendar days.
A petition form may be obtained from the OAH at http: / /www.ncoah.com/ or by calling the
OAH Clerk's Office at [phone] for information. A petition is considered filed when the
original and one (1) copy along with any applicable OAH filing fee is received in the OAH during
normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official
state holidays).
401 & Buffer Permitting Unit �TOne 1 t
1650 Mail Service Center, Raleigh, North Carolina 27699 -1650 1 V Of'thCar01111a
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone: 919 - 807 -63001 FAX: [phone] Customer Service: 1 -877 -623 -6748
Internet: www.ncwaterquality.org Nattaally

The Village at Flowers Plantation
DWR# 06 -1804 V9/10
Individual Certification #3766
Page 2 of 10
The petition may be faxed to the OAH at (919) 431 -3100, 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 DENR:
Lacy Presnell, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699 -1601
Unless such a petition is filed, this Certification shall be final and binding.
This certification completes the review of the Division under section 401 of the Clean Water Act
and 15A NCAC 02H .0500. Contact me at 919 - 807 -6364 or karen.higgins @ncdenr.gov or
Jennifer Burdette at 919 - 807 -6364 or [e-mail] if you have any questions
or concerns.
Sincerely,
e
Karen Higgins, Supervisor
401 & Buffer Permitting Unit
cc: Deborah Shirley, S &EC, 8412 Falls of Neuse Road, Ste 104, Raleigh, NC 27615
USACE Raleigh Regulatory Field Office
Todd Bowers, EPA, San? Nunn Federal Center, 61 Forsyth Street SW, Atlanta, GA 30303
DWR RRO 401 files
DWR 401 & Buffer Permitting Unit
Filename: 061804v10TheViIIageatFlowersPlantationPOD7C &POD9Ph2( Johnston )_401_NBR_SW_App rove. docx

The Village at Flowers Plantation
DWR# 06 -1804 V9/10
Individual Certification #3766
Page 3 of 10
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #3766 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 15 NCAC
02H .0500 and 15A NCAC 02B.0200, to Ms. Rebecca Flowers and River Dell Company, Inc., who
have authorization for the impacts listed below, as described within your application received by
the N.C. Division of Water Resources (Division or DWR) on May 1, 2008 and by Public Notice
issued by the U. S. Army Corps of Engineers and received by the Division on May 30, 2008 with
additional information received on July 16, 2008, September 12, 2008, October 23, 2008,
February 4, 2010, December 20, 2012, November 5, 2013 and November 6, 2013.
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 below.
Conditions of Certification:
1. Impacts Approved
The following impacts, which include 936 square feet of Zone 1 Buffer and 405 square feet
of Zone 2 Buffer for POD 7C (The Nine) and 613 square feet of Zone 1 and 1,210 square feet
of Zone 2 for POD 9 Phase 2, 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 to wetlands, streams, and /or buffers, are approved including incidental impacts:
Type of Impact
Amount Approved (Units)
Permanent
Amount Approved (Units)
Temporary
404 /Wetlands
0.122 (acres)
0.005 (acres)
Stream
1,242 (linear feet)
200 (linear feet)
Buffers Zone 1
77,870 (square ft.)
0 (square ft.)
Buffers Zone 2
40,506 (square ft.)
0 (square ft.)
2. Compensatory Mitigation
In order to compensate for 0.122 acre of permanent impacts to wetlands, 0.005 acre of
temporary impacts to wetlands, 826 linear feet of permanent impacts to streams, and 200
linear feet of temporary impacts to streams, the permittee shall make payment to the Neu -
Con Stream Umbrella Mitigation Bank (Neu -Con) and the North Carolina Ecosystem
Enhancement Program (NC EEP) in the amount determined by the NCEEP, sufficient to
perform the restoration of 0.214 acre of non - riparian wetland and 826 linear feet of warm
water stream in the Neuse River Basin, Cataloging Unit 03020201.

The Village at Flowers Plantation
DWR# 06 -1804 V9/10
Individual Certification #3766
Page 4 of 10
Construction within jurisdictional areas on the property shall begin only after the permittee
has made payments per the below mitigation table to the Neu -Con and /or NCEEP and
provided a written confirmation to the Corps that it agrees to accept responsibility for the
mitigation work required, in compliance with the MOU between North Carolina Department
of Environment and Natural Resources and the United States Army Corps of Engineers,
Wilmington District, dated November 4, 1998.
The applicant will make phased mitigation payments to the Neu -Con and /or NCEEP as listed
in the table below. The cost of credits will be the current price at the time of payment, not
the current price at the time the permit was issued. No work on any phase -of the project
shall begin until the payment for that phase has been issued to Neu -Con and/or NCEEP.
In addition to the mitigation outlined above, the permittee shall also preserve 5,839 linear
feet of Mill Creek with a 100 ft. undisturbed riparian buffer (13.67 acres) along the east side
of Mill Creek, and shall preserve 1,543 linear feet of an unnamed tributary (UT) to Mill
Creek with a full 50 ft. undisturbed riparian buffer (2.44 acres) along each side of the UT to
Mill Creek by means of Declaration of Restrictions. The Declaration of Restrictions shaii be
identical to the model Declaration of Restrictions found on the USACE Wilmington District
website, unless changes are authorized in writing by the Wilmington District. The
Declaration of Restrictions shall be recorded at the Register of Deeds office within 90 days
of the issuance of the 404 Individual Permit, and a copy of the recorded Declaration shall be
provided to the Wilmington District and the Division within 30 days of its recordation. The
permittee shall take no action inconsistent with the terms of the Declaration before its
recordation.
Construction/
Phase
Impact
Mitigation
Mitigation
Number
Areas
Mitigation Required
Provider
Payment
Deadline
1
1
108 LF of stream
Neu -Con
01/30/2013
2
2
115 LF of stream
NCEEP
12/31/2015
98 LF of stream & 0.019 acres of
3
5, 12, 18,
wetland (All wetland mitigation paid
NCEEP
12/31/2019
and 19
under the EEP % acre minimum)
4
3
150 LF of stream
NCEEP
NCEEP
12/31/2021
12/31/2025
5
6, 7, 8, 131
295 LF of stream
and 14
60 LF of stream & 0.007 acres of
6
11, 16, 17
wetland (wetland paid with phase 3)
NCEEP
12/31/2027
0.096 acres of wetland
7
9,10
(paid with phase 3)
NCEEP
12/31/2029
In addition to the mitigation outlined above, the permittee shall also preserve 5,839 linear
feet of Mill Creek with a 100 ft. undisturbed riparian buffer (13.67 acres) along the east side
of Mill Creek, and shall preserve 1,543 linear feet of an unnamed tributary (UT) to Mill
Creek with a full 50 ft. undisturbed riparian buffer (2.44 acres) along each side of the UT to
Mill Creek by means of Declaration of Restrictions. The Declaration of Restrictions shaii be
identical to the model Declaration of Restrictions found on the USACE Wilmington District
website, unless changes are authorized in writing by the Wilmington District. The
Declaration of Restrictions shall be recorded at the Register of Deeds office within 90 days
of the issuance of the 404 Individual Permit, and a copy of the recorded Declaration shall be
provided to the Wilmington District and the Division within 30 days of its recordation. The
permittee shall take no action inconsistent with the terms of the Declaration before its
recordation.

The Village at Flowers Plantation
DWR# 06 -1804 V9/10
Individual Certification #3766
Page 5 of 10
3. Stormwater Management Plan
A final, written stormwater management plan for each phase of this project shall be
submitted to the DWR 401 & Buffer Permitting Unit (1650 Mail Service Center, Raleigh,
North Carolina 27699 -1650) for review and approval. No land disturbance associated with
any phase may be conducted until a stormwater management plan for that phase has been
submitted to and approved by the Division. No buildings associated with any phase may be
occupied until the stormwater management plan is constructed and operational for that
phase.
In order to be approved by the Division, the stormwater management plan submittal must
include a BMP Supplement Form with all required items. The BMPs must be designed such
that they comply with the version of the NC DENR Stormwater BMP Manual that is in effect
on the date of the submittal of the stormwater management plan (SMP). The SMP must
meet the requirements in the version of SMP Regulations for non -DOT in effect at the time
of submittal.
4. Diffuse Flow Plan ADDrovai by DWR for POD 9 Phase 2 and POD 7C (The Nine
a) The SMP approved by the Division consists of a level spreader and a bioretention cell
and all associated stormwater conveyances, inlet and outlet structures, and the
grading and drainage patterns depicted on plan sheets dated August 15, 2013 (POD 9
Phase 2) and October 20, 2013 (POD 7C), which are incorporated by reference into
this approval and are enforceable by the Division provided however that any
modification of the design for the stormwater management system that is accepted by
the Division shall take precedence over the original plans and specifications.
b) The maximum allowable drainage areas and built upon areas for the approved
stormwater management devices shall be in accordance with the table below. Any
changes to these maximum areas shall require the applicant to submit and receive
approval for a revised stormwater management plan by the Division.
c) The footprint of all stormwater management devices as well as an additional 10 -foot
wide area on all sides of the devices shall be located in either public rights -of -way,
dedicated common areas or recorded easement areas. The final plats for the project
showing all such rights -of -way, common areas and easement areas shall be in
accordance with the approved plans.
Maximum drainage
Maximum built upon
area (square feet)
area (square feet)
POD 9 Phase 2
563,135
234,088
Bioretent iron 1_
POD 7C (The mine)
125,888
28,980
Level spreader 1
I
c) The footprint of all stormwater management devices as well as an additional 10 -foot
wide area on all sides of the devices shall be located in either public rights -of -way,
dedicated common areas or recorded easement areas. The final plats for the project
showing all such rights -of -way, common areas and easement areas shall be in
accordance with the approved plans.

The Village at Flowers Plantation
DWR# 06 -1804 V9/10
Individual Certification #3766
Page 6 of 10
d) Maintenance activities for the stormwater management devices shall be performed in
accordance with the notarized O &M agreements signed by Ms. Rebecca Flowers
(Owner) on October 7, 2013 for Level Spreader 1 of POD 7C (The Nine) and August 7,
2013. The O &M agreement must transfer with the sale of the land or transfer of
ownership /responsibility for the BMP facility. The Division must be notified promptly
of every transfer.
5. 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 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 permit.
6. 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 maintenance of such Best
Management Practices and if applicable, comply with the specific conditions and
requirements of the NPDES Construction Stormwater Permit issued to the site:
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.
c. 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.
d. Sufficient materials required for stabilization and /or repair of erosion control
measures and stormwater routing and treatment shall be on site at all times.
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)

The Village at Flowers Plantation
DWR# 06 -1804 V9/10
Individual Certification #3766
Page 7 of 10
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.
8. Construction Stormwater Permit NCG010000
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
(NCG010000), inspection log sheets, and other information may be found at:
http: / /Portal.ncdenr.org /web /wq /ws /su /nodessw #tab -w.
9. Work 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.
10. 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.
11. Placement of Culverts and Other Structures in Waters and Wetlands
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 Village at Flowers Plantation
DWR# 06 -1804 V9/10
Individual Certification #3766
Page 8 of 10
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.
12. 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.
13. 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 Control Planning and Design
Manual so as not to restrict stream flow or cause dis- equilibrium.
14. 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.
15. Any riprap used for stream stabilization shall be of a size and density so as not to be able to
be carried off by wave, 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.
16. 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.
17. 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 Unit website
at http: / /Portal.ncdenr.org /web /wci/swp/ws /401 certsandpermits /app Vforms. The text of
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.

The Village at Flowers Plantation
DWR# 06 -1804 V9/10
Individual Certification #3766
Page 9 of 10
18. This Certification does not relieve the applicant of the responsibility to obtain all other
required Federal, State, or Local approvals.
19. Continuing Compliance
Ms. Rebecca Flowers and River Dell Company, 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. 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 federal 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 Ms. Rebecca Flowers and River Dell Company, 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 Ms. Rebecca Flowers and River Dell Company, 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.
20. 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.
21. The applicant and /or authorized agent shall provide a completed Certificate of Completion
Form to the DWR 401 & Buffer Permitting Unit within ten days of project completion
(available at: htt ortal.ncdenr.or web w sw ws 401 certsand ermits a I forms).
22. This certification grants permission to the director, an authorized representative of the
Director, or DENR staff, upon the presentation of proper credentials, to enter the property
during normal business hours.
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.

The Village at Flowers Plantation
DWR# 06 -1804 V9/10
Individual Certification #3766
Page 10 of 10
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 20th day of December 2013
Karen Higgins, Supervisor
401 & Buffer Permitting Unit
KAH /jab
3766