20071522 Ver 1_Approval Letter_20071010

~~~ W ATFf~jp Michael F. Easley, Governor
.~~ C~i William G. Ross Jr., Secretary
~ ~~..~ North Cazolina Department of Environment and Natural Resources
~ ~
~ ~ ~ Coleen H. Sullins, Director
Division of Water Quality
October 10, 2007
DWQ EXP No. 07-1522
Johnston County
Walthom Group N
Attn: Mr. Rob Bailey
442 '/2 East Main St.
Clayton, NC 27520
Subject Property: Porto Fino Residential Subdivision
UT to Neuse River [030402, 27-(38.5), WSIV, NSW]
Approval of 401 Water Quality Certification and Authorization Certificate per the Neuse
River Buffer Protection Rules (15A NCAC 2B .0233) with Additional Conditions -Express
Review Program
Dear Mr. Bailey:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 9,583 square feet (ftZ) of Zone 1 of the protected riparian buffers, 3,267 square
feet (fEz) of Zone 2 of the protected riparian buffers, and 215 linear feet of stream for the purpose of
constructing the residential subdivision, as described within your Pre-construction Notification
Application dated October 1, 2007. The impacts are covered by General Water Quality Certification
Number(s) 3631 (GC3631). The Certification(s) allow you to use Nationwide Permit(s) NW29 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 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
Water Quality Certifications (GC3631) and any additional conditions listed below.
No°e Carolina
401 OversightlExpress Review Permitting Unit ~tllC<1~~1,J
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/ncwetlatids
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper

Porto Fino Residential Subdivision
Page 2 of 4
October 10, 2007
The Additional Conditions of the Certification are:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions
of this Certification are met. No other impacts are approved including incidental impacts:
Impact Type Amount Approved
Units Plan Location or Reference
Stream (intermittent 215 linear feet Oct. 1, 2007 PCN a e 9 of 13
Buffer -Zone 1 9,583 (s uare ft.) Oct. 1, 2007 PCN a e 12 of 13
Buffer -Zone 2 3,267 (s uare ft.) Oct. 1, 2007 PCN a e 12 of 13
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.
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 two (2) months of the date
that the Division of Land Resources has released the project.
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 .0233 and GC 3631.
6. Diffuse Flow Measures Approved
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). The diffuse flow measures (bioretention designs submitted on October

Porto Fino Residential Subdivision
Page 3 of 4
October 10, 2007
9-10, 2007 and the Operation and Maintenance Agreement signed on October 2, 2007) must be
implemented and the diffuse flow prciyisions shall be constructed and operational before any
permanent building is occupied at the subject site. The structural diffuse flow measures as
approved by this Office as well as drainage patterns (including the level spreaders designed for
Phases I and II of the Porto Fino Subdivision) must be maintained in perpetuity. No changes to
these provisions shall be made without written authorization from the Division of Water Quality.
Should a compliance inspection of the diffuse flow provisions on the Porto Fino Subdivision
determine that diffuse flow has not been achieved, they will have to be redesigned to the most
recent DWQ BMP manual guidelines.
Deed Notifications
Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands,
waters and riparian buffers in order to assure compliance for future wetland, water and riparian
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.
These documents shall be filed with the Register of Deeds, Johnston County, North Carolina.
Walthom Group IV shall submit copies of these documents to the Division of Water Quality
before any impacts to protected riparian buffers, wetlands, or waters shall occur.
Construction Stormwater Permit NCGO 10000
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 htt~: //h2o. enr.state. nc. us/su/FormssDocuments. htm.
9. 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.
10. Notification of Construction
The applicant and/or authorized agent shall contact the DWQ Express Review Program in writing
at the letterhead address within ten (10) days of the commencement of construction.
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 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,

Porto Fino Residential Subdivision
Page 4 of 4
October 10, 2007
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.
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 Lia Myott or Joseph Gyamfi at 919-733-1786.
Sincerely,
<~
Coleen H. Sullins, Director
NC Division of Water Quality
CHS/cbk/lem
Enclosures: GC 3631
Certificate of Completion
cc: USACE Raleigh Regulatory Field Office
Lauren Cobb, DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Central Files
Kevin Yates, John R. McAdams Company, 2905 Meridian Pkwy., Durham, NC 27713