20070156 Ver 2_Approval Letter_20071220

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
December 20, 2007
Mr. Buzz Shackleford
Mill Run Development Group
P.O. Box 68
Hookerton, NC 28538
Re: Cutter Creek Subdivision, Greene County
DWQ #20070156; USACE Action ID. No. SAW-2007-02828
APPROVAL of 401 Water Quality Certification and Authorization Certificate per the Neuse River
Buffer Protection Rules (15A NCAC 2B .0233) with Additional Conditions
Dear Mr. Shackleford:
Attached hereto is a copy of Certification No. 3718 issued to Mr. Buzz Shackleford and Mill Run
Development Group, dated December 20, 2007. 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
get any other federal, state or local permits before you go ahead with your project including (but not
limited to) Solid Waste, Sediment and Erosion Control, Stormwater, Dam Safety, Non-discharge and
Water Supply Watershed regulations.
If we can be of further assistance, do not hesitate to contact us.
Sinc rely
Coleen H. Sullins
CHS/cbk/ijm
Attachments: Certificate of Completion
cc: Becky Fox, EPA, 1307 Firefly Road, Whittier, NC 28789
U.S. Army Corps of Engineers, Washington Regulatory Field Office, Wilmington District, USACOE
Kyle Barnes, DWQ Washington Regional Office
DLR Washington Regional Office
File Copy
Central Files
Kim Williams, LMG, Inc., P.O. Box 2522, Wilmington, NC 28402
Filename: 070156 V erg Cu tte rCreekSD(Gree n e)401_NBR_IC
401 Oversight/Express Review Permits Unit
1650 Mail Service Center, Winston-Salem, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Winston-Salem, North Carolina 27604
Phone: [phone] FAX [phone]ntemet: http://h2o.enr. state. nc. us/ncwetlands
NO°` Carolina
~tura!!y
An Equal OpportunitylAffirmative Action Employer- 50% Recycledl10% Post Consumer Paper

Mr. Buzz Shackleford and Mill Run Development Group.
Page 2 of 6
December 20, 2007
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-
500 and 95-217 of the United States and subject to the North Carolina Division of Water Quality (DWQ)
Regulations in 15 NCAC 2H, Section .0500 to Mr. Buzz Shackleford and Mill Run Development Group, to
fill or otherwise impact 0.025 acres of 404/wetland, 2,550 linear feet of stream (fill 496 linear feet of stream
and flood 2,054 linear feet of stream), 0.17 acres of open water, and 27,008 square feet of Zone 1 Neuse
River basin protected riparian buffers and 436 square feet of Zone 2 Neuse River basin protected riparian
buffers, to construct the proposed Cutter Creek subdivision, which is located northeast of the intersection of
NC Highway 58 and NC Highway 123, in Greene County, North Carolina, pursuant to an application dated
July 13, 2007 and received by the DWQ on July 17, 2007, by Public Notice by the U.S. Army Corps of
Engineers issued on the 30h day of August of 2007 (received by DWQ on August 31, 2007), and all
additional information received from you on October 15, 2007, December 6, 2007 and December 17, 2007.
The application and supporting documentation provides adequate assurance that the proposed work will
not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the
State of North Carolina certifies that this activity will not violate the applicable portions of Sections 301,
302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application, the
supporting documentation, and conditions hereinafter set forth.
This approval is only valid for the purpose and design submitted in the application materials and as
described in the Public Notice. If the project is changed, prior to notification a new application for a new
Certification is required. If the property is sold, the new owner must be given a copy of the Certification
and approval letter and is thereby responsible for complying with all conditions of this Certification. Any
new owner must notify the Division and request the Certification be issued in their name. Should wetland
or stream fill be requested in the future, additional compensatory mitigation may be required as described
in 15A NCAC 2H .0506 (h) (6) and (7). If any plan revisions from the approved site plan result in a
change in stream or wetland impact or an increase in impervious surfaces, the DWQ shall be notified in
writing and a new application for 401 Certification may be required. For this approval to be valid,
compliance with the conditions listed below is required.
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 to
wetlands, streams, and/or buffers, are approved including incidental impacts:
T e of Im act Amount A 'roved Units Plan Location or Reference
404/Wetland 0.025(acres A lication and Public Notice
Stream 2,550 [(linear feet) fi11496 linear feet of stream
and flood 2,054 linear feet of stream] Application and Public Notice
O en Water 0.17 (acres) A lication and Public Notice
Buffer -Zone 1 27,008 (s uare ft.) A lication and Public Notice
Buffer -Zone 2 436 (square ft.) A lication and Public Notice
2. Diffuse Flow
All stormwater conveyance outlets must discharge to a properly designed, constructed and
maintained level spreader. If site conditions are not appropriate for a level spreader due to site
topography or high stormwater flow, then a stormwater BMP must be provided that will remove a

Mr. Buzz Shackleford and Mill Run Development Group.
Page 3 of 6
December 20, 2007
minimum of 30 percent of total nitrogen. This BMP must be properly designed, constructed and
maintained. A diffused flow plan for this project shall be provided to this Office before any of
the impacts approved herein are conducted. The plan shall specify all stormwater discharge
points, level spreader worksheets, plan details of level spreaders, and calculations to indicate that
diffuse flow through the protected buffers. If one or more BMPs is used in place of providing
diffuse flow, then appropriate BMP worksheets, plan details and calculations must be provided
for the BMPs.
Sediment and Erosion Control:
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. 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;
5. 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;
6. 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;
Continuing Compliance:
7. Mr. Buzz Shackleford and Mill Run Development Group 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 law 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 to include conditions appropriate to assure compliance
with such standards and requirements in accordance with 15A NCAC 2H.0507(d). Before

Mr. Buzz Shackleford and Mill Run Development Group.
Page 4 of 6
December 20, 2007
modifying the Certification, the Division shall notify Mr. Buzz Shackleford and Mill Run
Development Group, and the US Army Corps of Engineers, provide public notice in accordance
with 15A NCAC 2H.0503 and provide opportunity for public hearing in accordance with 15A
NCAC 2H.0504. Any new or revised conditions shall be provided to Mr. Buzz Shackleford and
Mill Run Development Group in writing, shall be provided to the United States 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;
Miti ation:
8. Compensatory Mitigation Using Onsite Preservation and Offsite Restoration
Mitigation must be provided for the proposed impacts as specified in the table below. We
understand that you will be preserving 33.65 acres of onsite 404/wetland and 13,450 linear feet of
onsite stream per the wetland and stream mitigation plan dated July 13, 2007, and received by the
DWQ on July 17, 2007. Additionally, you have agreed to restore Neuse River basin riparian
buffer (Zone 1 and Zone 2) around the proposed onsite 11-acre impoundment, and restore
252,648 square feet of offsite Neuse River basin riparian buffer per your restoration plan dated
December 4, 2007, and received by the DWQ on December 6, 2006. These aforementioned
methods have been determined by the DWQ to be a suitable means to meet the mitigation
requirement.
T e of Im act Com ensato Miti ation Re aired River and Sub-basin Number
Stream 496 (linear feet) Neuse/03020203
Zone 1 Neuse Buffer 81,024 (s uare feet) Neuse/03020203
Zone 2 Neuse Buffer 654 (s uare feet) Neuse/03020203
9. 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.;
10. Written Stormwater Management Plan (Final Plan Needed)
A final, written stormwater management plan (including a signed and notarized Operation and
Maintenance Agreement) 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 specified in this Certification
occur. 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. The stormwater management plan must include plans,
specifications, and worksheets for stormwater management facilities that are appropriate for the
surface water classification and designed to remove at least 85% TSS according to the most
recent version of the NC DENR Stormwater Best Management Practices Manual. These facilities

Mr. Buzz Shackleford and Mill Run Development Group.
Page 5 of 6
December 20, 2007
must be designed to treat the runoff from the entire project, unless otherwise explicitly approved
by the Division of Water Quality. Also, before any permanent building is occupied at the
subject site, the facilities (as approved by this Office) shall be constructed and operational,
and the stormwater management plan (as approved by this Office) shall be implemented.
The structural stormwater practices as approved by this Office 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.
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
a site-specific stormwater management plan is required.
Where a State Stormwater Permit (in accordance with 15 A NCAC 2H .1000) is required,
this permit may be considered to meet this condition.
11. Culvert Installation
All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP
measures from the most current version of NCDOT Construction and Maintenance Activities manual
(http•//www ncdot or doh/operations/BMP manual/download/BMP Manual.pdf)
such as sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent
excavation in flowing water.
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. Therefore, you must provide plans with adequate details that indicate that the current
stability of the stream will be. maintained or enhanced. You must receive written approval from this
Office for the above plans before the culvert(s) is installed. Culvert(s) must be installed according
to approved plans.
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
dis-equilibrium 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.

Mr. Buzz Shackleford and Mill Run Development Group.
Page 6 of 6
December 20, 2007
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.
12. 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 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/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.
13. 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.
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.
If this Certification is unacceptable to you, you have the right to an adjudicatory hearing upon written
request within sixty (60) days following receipt of this Certification. This request must be in the form of a
written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the
Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. If
modifications are made to an original Certification, you have the right to an adjudicatory hearing on the
modifications upon written request v~ithin sixty (60) days following receipt of the Certification. Unless
such demands are made, this Certification shall be final and binding.
3718
This the 20`'' day of D ember 2007
D SIGN F T QUALITY
Coleen H. Sullins
CHS/cbk/ijm

Certification of Completion
DWQ Project No.:
Applicant:
Project Name:
County:
Date of Issuance of Certification or Authorization:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any
subsequent modifications, the applicant is required to return this certificate to the 401 Oversight/Express Permitting Unit,
North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form-may be
returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send
certificates from all of these.
Applicant's Certification
I,
used in the observation of the
compliance and intent of the 401
and other supporting materials.
Signature:
Agent's Certification
I,
used in the observation of the
compliance and intent of the 401
and other supporting materials.
Signature:
hereby state that, to the best of my abilities, due care and diligence was
construction such that the construction was observed to be built within substantial
Water Quality Certification and Buffer Rules, the approved plans and specifications,
Date:
hereby state that, to the best of my abilities, due care and diligence was
construction such that the construction was observed to be built within substantial
Water Quality Certification and Buffer Rules, the approved plans and specifications,
Date:
If this project was designed by a Certified Professional
I, as a duly registered Professional (i.e., Engineer,
Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically,
weekly, full time) the construction of the project, for the Permiee hereby state that, to the best of my abilities, due care
and diligence was used in the observation of the construction such that the construction was observed to be built within
substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature: Registration No. Date