20061223 Ver 2_Approval Letter_20070223

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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
February 23, 2007
DWQ No. 06-1223 V2
Pitt County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Kenneth Smith Properties, Inc.
1588 NC Highway 102 East
Ayden, North Carolina 28513
Subject Property: Brookstone Subdivision in Pitt County
Swift Creek [030409, 27-97-(0.5), C SW NSW]
Authorization Certificate per the Neuse River Buffer Protection Rules (15A NCAC 2B .0233)
You have our authorization, in accordance with 15A NCAC 02B .0233 and the conditions listed below, to
impact approximately 450 ftz of Zone 1 and 300 ftZ of Zone 2 of the protected riparian buffers for the
purpose of constructing the Brookstone Subdivisions at the subject property as described within your
application dated February 16 and received by the Division of Water Quality (DWQ) on February 19,
2007. The initial application was dated October 16, 2006 and received by the DWQ on October 17, 2006.
On December 20, 2006, the DWQ received the first revised application dated December 19, 2006. On
January 26, 2007, the DWQ received the second revised application dated January 24, 2007.
In addition to the requirements in this Authorization Certificate, 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.
This authorization is for the purpose and design that you described in your application. If you change
your project, you must notify us and you maybe required to send us a new application. If the property is
sold, the new owner must be given a copy of this authorization letter and is thereby responsible for
complying with all conditions. This authorization requires you to follow the conditions listed below.
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 (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
Amount Ap roved (Units) Plan Location or Reference
Neuse buffer -Zone 1 450 (s uare feet PCN, a e 12 of 13
Neuse buffer -Zone 2 300 (s uare feet) PCN, page 12 of 13
2. Erosion & Sediment Control Practices
401 Oversight I Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX [phone] /Internet: http:/lh2o.enr.state.nc.us/ncwetlands
Noe Cazolina
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Brookstone Subdivision, Pitt County
Page 2 of 3
February 23, 2007
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. 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.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
3. 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.
4. No Sediment & Erosion Control Measures w/n Wetlands or Waters
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.
5. Diffuse Flow
An additional condition is that 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).
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 to ensure compliance
with 15A NCAC 2B .0233.
7. Certificate of Completion
Upon completion of all work approved within this authorization, 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.

Brookstone Subdivision, Pitt County
Page 3 of 3
February 23, 2007
8. 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 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 maybe modified as appropriate to suit to this project.
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 Authorization Certificate shall
expire five (5) years from the date of this letter.
This letter completes the review of the "No Practical Alternatives" determination under 15A NCAC
2B .0233. If you have any questions or would like a copy of the buffer rules, please call (919) 733-
1786. This letter does not authorize any impacts to either Waters of the United States or Waters of
the State. Please contact the US Army Corps of Engineers (USAGE) or NC Division of Water
Quality (DWQ) if any impacts are proposed to either of these waters.
Sj~ erely,
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Alan W. Klimek, P.E.
AWK/cbklaml
cc: USAGE Washington Regulatory Field Office
Kyle Barnes, DWQ Washington Regional Office
File Copy
Central Files
Jonas Hill, Pitt County Planning, 1717 West Fifth Street, Greenville, NC 27834
Jamie Midgette, Malpass & Associates, 1645 E. Arlington Blvd., Suite D, Greenville, NC 27858
Tom Harwell, 102 Oakmont Drive, Greenville, NC 27858
Filename: 061223V2Brookstone Pitt NBR