20061804 Ver 3_Approval Letter_20100304

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
Ms. Rebecca Flowers
River Dell Company, Inc.
4880 NC 42 East,
Clayton, NC 27527
March 4, 2010
Re: The Village At Flowers Plantation, Johnston County
DWQ #20061804, Ver.3; USACE Action ID. No. SAW-2008-01712
Ut to Mill Creek [030402,27-39, WSIV, NSW]
Ut to Buffaloe Creek [030406, 27-57-16-(3), C, NSW]
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dee Freeman
Secretary
APPROVAL of 401 Water Quality Certification and Authorization Certificate per the Neuse River Buffer
Protection Rules (15A NCAC 2B.0233) with Additional Conditions - REVISED3
Dear Ms. Flowers:
Attached hereto is a copy of Certification No. 3766 issued to Ms. Rebecca Flowers and River Dell Company,
Inc., dated March 4, 2010. This Certification replaces the Certification issued to you on January 7, 2009.
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.
CHS/Ijm
Attachments: Certificate of Completion
Sincerely,
Coleen H. Sullins
cc: Becky Fox, EPA Region 4, 1307 Firefly Road, Whittier, NC 28789
Lauren Witherspoon, DWQ Raleigh Regional Office
USACE Raleigh Regulatory Field Office
File Copy
Bob Zarzecki, S&EC, P.A., 11010 Raven Ridge Road, Raleigh, NC 27614
DLR Raleigh Regional Office
401 Oversight/Express 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:l/h2o.enr.state.nc.us/ncwetlands/
Filename: 061804Ver3TheVi IlageAtFlowersPlantation(Johnston)401 _IC_NBR_Revised3
One
Nationally
An Equal Opportunity 1 Affirmative Action Employer
Ms. Rebecca Flowers and River Dell Company, Inc.
Page 2 of 6
March 4, 2010
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 Ms. Rebecca Flowers and River Dell Company, Inc., to fill or otherwise impact
0.122 acres of 404/wetland (permanent impact), 0.005 acres of 404/wetland impact (temporary), 1,284 linear feet
of permanent stream impact (868 perennial stream impact and 416 linear feet intermittent stream impact), 220
linear feet of temporary stream impact (160 linear feet perennial stream impact and 60 linear feet intermittent
stream impact) and 79,584 square feet of Zone 1 Neuse River basin protected riparian buffer, and 39,603 square
feet of Zone 2 Neuse River basin protected riparian buffer, to construct a mixed-use development, which is
located on all four quadrants of the intersection of Buffalo Road (SR1003) and NC Highway 42, east of Clayton,
Johnston County, North Carolina, pursuant to an application dated April 28, 2008, and received by DWQ on May
1, 2008, and by Public Notice by the U.S. Army Corps of Engineers issued on the 30`s day of May of 2008
(received by DWQ on May 30, 2008), and all additional information received from you on July 16, 2008,
September 12, 2008, October 23, 2008, and February 4, 2010. This Certification shall also act as your approved
No Practical Alternatives determination for impacts to the Neuse River basin protected riparian buffers per 15A
NCAC 2B.0233(2).
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 are approved including
incidental imnacts-
T e of Impact Amount Approved Units Plan Location or Reference
404/Wetlands 0.122 (acres) - permanent Application and Public Notice
404/Wetlands 0.005 acres -temporary Application and Public Notice
Stream - perennial 868 (linear feet - permanent Application and Public Notice
Stream - perennial 160 linear feet - temporary Application and Public Notice
Stream - intermittent 416 linear feet) - permanent Application and Public Notice
Stream - intermittent 60 linear feet) - temporary -Application and Public Notice
Buffers Zone 1 79,584 (square ft.) Application and Public Notice
Buffers Zone 2 39,603 (square ft. Application and Public Notice
Ms. Rebecca Flowers and River Dell Company, Inc.
Page 3 of 6
March 4, 2010
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 404/401 Permit 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;
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;
Continuing Compliance:
6. Ms. Rebecca Flowers and River Dell, 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 modifying the Certification, the Division shall notify Ms. Rebecca
Flowers and River Dell Company, Inc., 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 Ms. Rebecca Flowers and
River Dell Company, Inc., 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;
Ms. Rebecca Flowers and River Dell Company, Inc.
Page 4 of 6
March 4, 2010
7. Deed notifications or similar mechanisms shall be placed on all lots with remaining jurisdictional
wetlands and waters or areas within 50 feet of all streams and ponds. A sample deed notification format
can be downloaded from the 401/Wetlands Unit web site at:
hgp:Hportalncdenrorg/c/document library/get file?uuid=ef84d0e1-5fc9-4183-87b5-
2f9d7eb152e0&groupld=38364 DWQ shall be sent copies of all deed restrictions applied to these lots
after recordation;
8. Construction Stormwater Permit NCG010000
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 (NCG010000) 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 11h2o enr state nc.us/su/Forms Documents.htm.;
9. A final, written stormwater management plan for each phase of this project shall be submitted to the
DWQ 401 Oversight/Express Permitting Unit (2321 Crabtree Boulevard, Suite 250, Raleigh, NC
27604) 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 DWQ. 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 DWQ, 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.
Mitigation:
10. Compensatory Mitigation Using the Ecosystem Enhancement Program (EEP) and Conservation
Easements
Per the USACE, the following condition applies:
In order to compensate for 0.122 acre of permanent impacts to wetlands, 0.005 acre of
temporary impacts to wetlands, 868 linear feet of permanent impacts to streams, and 220 linear
feet of temporary impacts to streams the permittee shall make payment to 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 868 linear feet of
warm water stream in the Neuse River Basin, Cataloging Unit 03020201.
Construction within Jurisdictional areas on the property shall begin only after the permittee has
made payments per the below mitigation table to the 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.
Ms. Rebecca Flowers and River Dell Company, Inc.
Page 5 of 6
March 4, 2010
The applicant will make phased mitigation payments to the 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 the NCEEP.
Phase Impact Areas Mitigation Required Construction/Mitigation
Number Payment Deadline
1 1 150 LF of stream 12/31/2012
2 2 115 LF of stream 12/31/2015
98 LF of stream & 0.019 acres of
3 5, 12, 18, and 19 wetland (All wetland mitigation paid 12/31/2019
under the EEP'/, acre minimum)
4 3 150 LF of stream 12/31/2021
5 6, 7, 8, 13, and 14 295 LF of stream 12/31/2025
6 11, 16, 17 60 LF of stream & 0.007 acres of 12/31/2027
wetland wetland aid with phase 3
7 9
10 0.096 acres of wetland 12/31/2029
, (paid with phase 3
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 shall 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 this permit,
and a copy of the recorded Declaration shall be provided to the Wilmington District within 30
days of its recordation. The permittee shall take no action inconsistent with the terms of the
Declaration before its recordation.
11. 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 you wish to contest any statement in the attached Certification you must file a petition for an administrative
hearing. You may obtain the petition form from the office of Administrative hearings. You must file the
petition with the office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is
considered filed when it is received in the office of Administrative Hearings during normal office hours. The
Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00am and
5:00pm, except for official state holidays. The original and one (1) copy of the petition must be filed with the
Office of Administrative Hearings.
Ms. Rebecca Flowers and River Dell Company, Inc.
Page 6 of 6
March 4, 2010
The petition may be faxed-provided the original and one copy of the document is received by the Office of
Administrative Hearings within five (5) business days following the faxed transmission.
The mailing address for the Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone: [phone], Facsimile: (919)-733-3478
A copy of the petition must also be served on DENR as follows:
Ms. Mary Penny Thompson, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699-1601
This the 4`s day of March 2010
DiV ON OF WATE ALITY
oleen H. Sullins
CHS/ijm
3766