20040766 Ver 4_Approval Letter_20100928

NCDENR'
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
September 28, 2010
DWQ Project # 04-0766, Ver. 4
Johnston County
Mr. James M. Gilbert
Loop Road Development
273-C Blue Pond Road
Clayton, NC 27520
Subject Property: Timberlake Phase 2A and Phase 3
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
Dear Mr. Gilbert:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 149 linear feet of perennial stream, and 8,282 square feet of Zone 1 Neuse
River basin protected riparian buffer, and 4,836 square feet of Zone 2 Neuse River basin protected
riparian buffer, as described in your application dated April 28, 2010, and received by the Division of
Water Quality (DWQ) on July 14, 2010, with additional information received on August 12, 2010, and
August 30, 2010, to construct the proposed residential development at the site. After reviewing your
application, we have decided that the impacts are covered by General Water Quality Certification
Number(s) 3821 (GC3821). The Certification(s) allows you to use Nationwide Permit(s) NW18 when
issued by the US Army Corps of Engineers (USACE). 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 or CAMA 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
certification and any additional 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:
401 Oversight/Express Review Permitting. Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internet: http://portal.ncdenr.org/web/wq/ws
An Equal Opportunity 1 Affirmative Action Employer
Loop Road Development
Page 2 of 4
September 28, 2010
Type of Impact Amount Approved nits Plan Location or Reference
Stream (perennial) 149 (linear feet) PCN A lication page 4 of 10
Buffers Zone 1 8,282 (square ft.) PCN A lication page 5 of 10
Buffers Zone 2 4,836 (square ft.) PCN A lication age 5 of 10
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.
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. Sediment and Erosion Control Measures
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 downstream 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. 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). You must secure appropriate permit
approval should from Johnston County (SMP Modification) and NCDOT (Stream Crossing
Design).
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;
Loop Road Development
Page 3 of 4
September 28, 2010
7. Locate, Stake and Survey Proposed Perennial Stream Impacts
The centerline of your proposed perennial stream impacts should be located, staked and surveyed
in the field and this survey submitted to the DWQ prior to the occurrence of the proposed
impacts. If your actual perennial stream impacts meet or exceed 150 linear feet you will need to
mitigate for the entire length of stream;
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 at the time lots or properties are recorded. A
sample deed notification can be downloaded from the 401/Wetlands Unit web site at:
http://portal.ncdenr.org/c/document-library/get file?uuid=ef84d0e 1-5fc9-4183-87b5-
2f9d7ebl52e0&groupld=38364 The text of the sample deed notification maybe modified as
appropriate to suit to this project.
9. Buffer Restoration Plan
The DWQ has approved your buffer restoration plan. You must ensure the survival of the plants
for a period of at least five (5) years. You are required to replace any of these trees or shrubs that
die within this five (5) year period. You are required to provide proof in writing that the trees
have been planted within one year of the date of this letter. The proof of plantings shall be
submitted to the Wetlands/401 Unit and copied to the DWQ Raleigh Regional Office.
10. "Re-opener" Clause
Mr. James Gilbert of Loop Road Development and its authorized agents shall conduct its
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. Mr. James Gilbert of Loop Road Development shall
require its contractors (and/or agents) to comply with all of the terms of this Certification, and
shall provide each of its contractors (and/or agents) a copy of this Certification. A copy of this
Certification shall be included in the construction contract and available on the job site at all
times. If DWQ 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, DWQ may reevaluate and modify this ertification
to include conditions appropriate to assure compliance with such standards and requirements in
accordance with 15A NCAC 2H.0507(d). Before modifying the certification, DWQ shall notify
Mr. James Gilbert of Loop Road Development 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.
James Gilbert of Loop Road Development 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.
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.
Loop Road Development
Page 4 of 4
September 28, 2010
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 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 sixty (60) 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.
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)-431-3100
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
Unless such a petition is filed, this Certification shall be final and binding.
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 Ian McMillan or Amy Chapman, at 919-733ie-
Coleen 1786Sin elyH. Sullins
CHS/ijm
Enclosures: GC 3821
Certificate of Completion
cc: Lauren Witherspoon, DWQ Raleigh Regional Office
USACE Raleigh Regulatory Field Office
File Copy
DLR Raleigh Regional Office
Dalton Engineering and Associates, P.A., P.O. Box 426, Clayton, NC 27528
Filename: 040766Ver4TimberlakePhase2AAndPhase3(Johnston)401_NBR