20110749 Ver 1_More Info Received_20110912

Lucas, Annette
From: Kevin Varnell [[e-mail]]
Sent: Monday, September 12, 2011 2:21 PM
To: Lucas, Annette
Cc: Doug Radford (doug@]pmsouth. com); Mike Stocks; Jeff Harbour; Robert Turnbull
([e-mail])
Subject: Storm water - Flowers
Attachments: 20110912113317164.pdf; 20110912113408349.pdf
Annette,
Attached is the 401 certification for the stream and wetland crossings at Flowers. The map
associated with these crossings is attached as the 2nd attachment which shows the area known
as Dogwood as an existing subdivision, which it is my understanding that this was done
because this subdivision was already approved and only required diffuse flow per the buffer
rules and does not require further stormwater control. I trust that this information
clarifies the differentiation between the existing developments previously approved and
grandfathered and any proposed future development areas.
Sincerely,
Stocks Engineering, PA
3. Kevin Varnell
3. Kevin Varnell
The electronic files provided by Stocks Engineering, PA (hereinafter referred to as Stocks)
to receiving parties are for convenience purposes only. The receiving party agrees not to
use these drawings and data, in whole or in part, for any purpose other than the referenced
project. The electronic media is furnished without guarantee of compatibility with the
receiving party's software or hardware, and Stocks sole responsibility for the electronic
media is to furnish a replacement for defective disks within thirty (30) days after delivery
to the receiving party. Use of these materials for modification, extension or expansion of
this project or on any other project, unless under the direction of Stocks shall be without
liability to Stocks and Stocks subconsultants. Because data stored in electronic media form
can be altered, either intentionally or unintentionally, by transcription, machine error,
environmental factors, or by operators, it is agreed that the receiving party shall
indemnify, defend, and hold harmless Stocks, Stocks subconsultants, and the officers and
employees of any of them from and against any and all claims, liabilities, damages, losses
and costs, including, but not limited to costs of defense, arising out of change or
modifications to the data in electronic media form in the receiving party's possession of
released to others by the receiving party and for any use of the electronic media and printed
hard copy drawings and specifications outside the license granted by this provision. All
electronic files shall be verified with hard copy drawings. Should the receiving party
disagree with statements contained herein, please advise us in writing within ten (10) days
after receipt of the data that you will not be using the electronic file or this disclaimer
stands as written. Refusing the terms stated above forfeits the right to utilize this
electronic data.
-----Original Message-----
From: Ginger Douglas fmailto:ginger(@ipmsouth.coml
Sent: Monday, September 12, 2011 12:33 PM
To: Kevin Varnell
1
Cc: doug(@ipmsouth.com
Subject: FW: Storm water - Flowers
Pls see attached - map to follow in separate email.
Ginger Douglas
IPM South Development
-----Original Message-----
From: Ginger fmailto:Ringer(@ipmsouth.coml
Sent: Monday, September 12, 2011 7:33 AM
To: Ginger
Subject:
This E-mail was sent from "RNP830C2F" (Aficio 2238C).
Scan Date: 12.09.2011 11:33:16 (+0000)
Queries to: iohn(@jpmsouth.com
z
0? WA7Fq Michael F. Easley. Governor
`10 ?G William G. Ross Jr., Secretary
4 North Carolina Department of Environment and Natural Resources
O < Coleen Sullins, Director
Division of Water Quality
June 28, 2007
Michael S. Harwood, Engineering Manager
Heater Utilities, Inc.
P. O. Drawer 4889
Cary, NC 27579
Subject: Permit No. WQ0031797
Flowers Plantation North Sanitary Sewer Outfall
Wastewater Collection System Extension
Johnston County
Dear Mr. Harwood;
In accordance with your permit application received June 1, 2007, we are forwarding herewith Permit
No. W00031797, dated June 28, 2007, to Heater Utilities, Inc., for the construction and operation of the
subject wastewater collection system extension. This permit shall be effective from the date of
issuance until rescinded, and shall be subject to the conditions and limitations as specified therein.
This cover letter shall be considered a part of this permit and is therefore incorporated therein by
reference.
Please note that on September 1, 2006, the North Carolina Administrative Code (NCAC) 15A NCAC 2H
,0200 rules referenced in your permit application were replaced by 15A NCAC 2T. This permit is being
issued based on the new 2T rules. You should review these rules, available through the Division's
PERCS web site http://www.nmaterouality.org/gercsi to insure your compliance. The Fast Track
Engineering Certification attached to this permit is based on 15A NCAC 2T.
Please pay particular attention to Permit Condition 3 which requires that the wastewater collection
facilities be properly operated and maintained in accordance with 15A NCAC 2T .0403 or any
individual system-wide collection system permit issued to the Permittee. Your attention is also directed
to Permit Condition 6 which requires Engineering Certification prior to operation of this collection
system extension.
Permitting of this project does not constitute an acceptance of any part of the project that does not meet
15A NCAC 2T; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria
adopted February 12, 1996 as applicable; and the Division's Minimum Design Criteria. for the Fast-
Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable, unless
specifically mentioned herein. Division approval is based on acceptance of the certification provided by
a North Carolina-licensed Professional Engineer in the application. It shall be the Permittee's
responsibility to ensure that the as-constructed project meets the appropriate design criteria and rules.
Failure to comply may result in penalties in accordance with North Carolina General Statute §143-
215.6A through §143-215.6C, construction of additional or replacement wastewater collection facilities,
and/or referral of the North Carolina-licensed Professional Engineer to the licensing board.
Id?o?t`hCaloli ia.
?VlTllll'a<T?l`lf
North Carolina Division or Whtcr oualiry 1625 Mad Scrviee Ccntef Raleigh. NC 27699.1623 Phone (91t
))7914200 Customer Service
Intcrnc.t: wtvtv.itc.vat gtLfi Location: 380013turett Drive Ralcigh, NC 27609 Fat [phone] 1.577.623.6745
AA
A EQuei OPPOrtunitylkirmaVve Action Employer-50% R4,yded tb',, Post Consumar Papor
Heater Utilities, Inc.
Page 2
June 28, 2007
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as
amended, and other applicable Laws, Rules, and Regulations, permission is hereby granted to Heater
Utilities, Inc., for the construction and operation of
• approximately 4,300 linear feet of 8-inch gravity sewer
as part of the Flowers Plantation North Sanitary Sewer Outfall project, and the discharge of no
additional gallons per day of collected domestic wastewater into Heater Utilities' existing sewerage
system, pursuant to the application received June 1, 2007, and in conformity with 15A NCAC 2T; the
Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the
Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains
adopted June 1, 2000 as applicable; and other supporting data subsequently filed and approved by the
Department of Environment and Natural Resources and considered a part of this permit.
The sewage and wastewater collected by this system shall be treated in the Heater Utilities Neuse
Colony Wastewater Treatment Facility (Permit No. NC0064564) prior to being discharged into the
receiving stream.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to
request an adjudicatory hearing upon written request within 30 days following receipt of this permit.
This request must be in the form of a written petition, conforming to Chapter 1505 of North Carolina
General Statutes, and fled with the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and binding.
If you have any questions regarding this permit or require any additional information, please contact
Barry Herzberg at [phone], or by e-mail to barry,,herzber4 caa ncmail.net.
Sincerely,
77'Coleen H. Sullins, Director
Division of Water Quality i
by Shannon Langley
Acting Surface Water Quality Supervisor
Raleigh Regional Office
cc: Johnston County Health Department
Raleigh Regional Office, SWP
Donald Curry, Jr., PE; Stocks Engineering, 3344 Hillsborough St. Suite 250, Raleigh, NC 27607
Central Files
Deborah Gore, PERCS Unit
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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
February 2, 2011
(via electronic mail [e-mail])
Scott Smart, P.E.
Aqua North Carolina, Inc.
202 MacKenan Court
Cary, NC 27511
Subject: Neuse Colony WWTP (N00064564)
Flow Reduction Request
Johnston County
Dear Mr. Smart:
Dee Freeman
Secretary
On January 12, 2011, the Pretreatment, Emergency Response and Collection System (PERCS) Unit of
the Division of Water Quality received a flow reduction request for connections to the Neuse Colony WWTP.
The letter requests an allowable flow rate of 240 GPD per home based on the evaluated data from the WWTP.
The DMR data from the Neuse Colony WWTP (NC0064564) from July 2009 through June 2010 was
analyzed by PERCS Unit and Regional Office staff. The highest flow month was November 2009, while the
highest three day average flow was recorded in February 2010.
Based on the data, the Division hereby grants a reduction in flow to 80 gpd/bedroom (minimum of 160
gpd for I and 2 bedroom residences) for sewer extension permits issued tributary to the Neuse Colony WWTP.
Regardless of the adiusted design daily wastewater flow rate, at no time shall the wastewater flows
exceed the effluent limits defined in the NPDES permit for the treatment facility or exceed the capacity of the
sewers downstream of anv new sewer extension or service connection(s).
If you have any questions or comments regarding this matter, please contact Sarah Morrison at (919)
807-6310, email [[e-mail]] or Deborah Gore, Unit Supervisor at [phone], email
[[e-mail]].
SiJncce/r?elly,j?
A???CJ?VV ?' ? y
fipY Coleen H. Sullins
cc: W. Lee Fleming, Jr. PE (via email: [e-mail])
Barry Hertzburg, Raleigh Regional Office (via email)
Mandy Hall, Raleigh Regional Office (via email)
NPDES Unit, Permit File N00064564
PERCS Flow Reduction File
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 One
Phone: [phone]=1 FAX: [phone] PERCS Unit FAX: 919 07-M4 Customer Service; 1877-623-6746 No thCarol ina
Internet. hUD:1/Dodal.ncdenr.ora&veblwol PERCS Unit h?ptt Jlpgrtal,ncdenr.orohr+eblwalswo/asloret aturi?!!?
An Equal Opportunity 1 Aftmative Action Employer
fir'si-A Exhibit B
9=
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
March 15, 2010

Ms. Rebecca Flowers
River Dell Company, Inc. MAR 2
4880 NC 42 East,
Clayton, NC 27527 Regulatory ofalld"
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
APPROVAL of 401 Water Quality Certification and Authorization Certificate per the Noose River Buffer
Protection Rules (15A NCAC 2B.0233) with Additional Conditions - REVISED4
Dear Ms. Flowers:
Attached hereto is a copy of Certification No. 3766 issued to Ms. Rebecca Flowers and River Dell Company,
Inc., dated March 15, 2010. This Certification replaces the Certification issued to you on }March 4, 2010.
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 ly,
oleen H. Sullins
CHS/ijm
Attachments: Certificate of Completion
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
Filename: 061804Ver3lUVitlarAtFlowersPlantation(lohnston)401_IC NBR_Revised4
401 Oversl;ihtfExpress Review Permitting Unit ne
1650 Mal Service Center, Raleigh, North Carolina 27699-1650 D o Carolina
Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604 Naturallb,
Phone:[phone] FAX: [phone] Internet: hdp:ilh2o.enr.state.nc.uslncwo#andst
An Equal Opportunity t AKrmeUve ACUon Employer
Ms. Rebecca Flowers and River Dell Company, Inc.
Page 2 of 6
March 15, 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 I 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 3e 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 I SA
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 impacts-
Type of Impact Amount Approved nits 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 inear feet - permanent Application and Public Notice
Stream - intermittent 60 (linear feet - temporary Application and Public Notice
Buffers Zone I 79,584 (square ft. Application and Public Notice
)duffers Zone 2 39,603 (square ft. Application and Public Notice
Ms. Rebecca Flowers and River Dell Company, Inc.
Page 3 of 6
March 15, 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 404/401Permit 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;
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
resuh 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 15, 2010
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:
ltltp_11p9L I,Rcdenr.ora/eldocument lib/get file7uuid=ef84dOel-5fc9-4183-87b5-
2f9d7ebl52e0&gmuaId=38364 DWQ shall be sent copies of all deed restrictions applied to these lots
after recordation;
8. Construction Stormwater Permit NC0010000
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://h2o.enr.state.nc.us/smT-2r- s Documots.htm.;
9. A final, written stormwater management plan for each phase of this project shall be submitted to the
DWQ 401 bversight/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 Stonmwater 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 bistrict,
dated November 4, 1998.
Ms. Rebecca Flowers and River Dell Company, Inc.
Page 5 of 6
March 15, 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 Coastruction/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 IF of steam 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 1213112027
wetland wotland id with Phase 3

7
9, 10 0.096 acres of wetland
1213112029
aid 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 the 404
Individual Permit, and a copy of the recorded Declaration shall be provided to the Wilmington
District and the DWQ within 30 days of its recordation. The permittee shall take no action
inconsistent with the terms of the Declaration before its recordation.
1 l . 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 (l) 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 15, 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 156 day of March 2010
N N OF WATE ALITY
D O
leen H. Sullins
CHSrijm
3766

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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
REPLY TO
ATTENTION OF: April 22, 2010
Regulatory Division
Action ID: SAW-2008-01712
Ms. Rebecca Flowers
River Dell Company Inc.
4880 NC 42 East
Clayton, North Carolina 27527
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Dear Ms. Flowers:
In accordance with your written request of May 1, 2008, and the ensuing administrative
record, enclosed is a copy of a permit to authorize the proposed permanent placement of fill
material into 868 linear feet of important stream, 416 linear feet of unimportant stream and 0.122
acres of non-riparian wetlands, and the temporary placement of fill into 160 linear feet of
important stream, 60 linear feet of unimportant stream and 0.005 acres of wetlands, associated
with the construction of the infrastructure of a residential and commercial development. The
project site is located in all 4 quadrants of the intersection of NC42, and NCSR 1003 (Buffalo
Road), east of Clayton, Johnston County, North Carolina.
Any deviation in the authorized work will likely require modification of this permit. If a
change in the authorized work is necessary, you should promptly submit revised plans to the
Corps showing the proposed changes. You may not undertake the proposed changes until the
Corps notifies you that your permit has been modified.
Carefully read your permit. The general and special conditions. are important. Your
failure to comply with these conditions could result in a violation of Federal law. Certain
significant general conditions require that:
a. You must complete construction before December 31, 2035.
b. You must notify this office in advance as to when you intend to commence and
complete work,
c. You must allow representatives from this office to make periodic visits to your
worksite as deemed necessary to assure compliance with permit plans and conditions.
You should address all questions regarding this authorization to Mr. Thomas Brown at
the Raleigh Regulatory Field Office, telephone [phone] extension 22.
-z-
Enclosures
Copies Furnished (with enclosures):
Chief, Source Data Unit
NOAA/National Ocean Service
ATTN: Sharon Tear NICS261
1315 East-west Hwy., Rm 7316
Silver Spring, MD 20910-3282
Copies Furnished with special conditions
and plans:
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Ron Sechler
National Marine Fisheries Service
Pivers Island
Beaufort, North 28516
Sincerely,
?I
Jefferson M. Ryscavage
Colonel, U.S. Army
District Commander
Mr. Ronald J. Mikulak, Chief
Wetlands Protection Section - Region IV
Water Management Division
U.S. Environmental Protection Agency
61 Forsyth Street
Atlanta, Georgia 30303
Mr. Doug Huggett
Division of Coastal Management
N.C. Department of Environment
and Natural Resources
400 Commerce Avenue
Morehead City, North Carolina 28557
Mr. David Rackley
National Marine Fisheries Service
219 Fort Johnson Road
Charleston, South Carolina 29412-9110
DEPARTMENT OF THE ARMY PERMIT
Permittee: MS. REBECCA FLOWERS
RIVER DELL COMPANY, INC.
Permit No: SAW-2008-01712
Issuing Office: USAED, WILMINGTON
NOTE: The term "you" and its derivatives, as used in this permit, means the permittee or any future transferee. The
term "this office" refers to the appropriate district or division office of the Corps of Engineers having jurisdiction over
the permitted activity or the appropriate official of the office acting under the authority of the commanding officer.
You are authorized to perform work in the accordance with the terms and conditions specified below.
Project Description: The project involves the construction of the infrastructure (i.e. roads) that would
support the residential and commercial development of property currently owned by the applicant,
Rebecca Flowers of River Dell Company, Inc. The project permanently impacts 868 linear feet of
important stream, 416 linear feet of unimportant stream and 0.122 acre of non-riparian wetlands to
construct the seventeen (17) road crossings from the placement of culverts and fill material. In addition,
160 linear feet of important stream, 60 linear feet of unimportant stream and 0.005 acre of wetlands will
be temporarily impacted with the construction of these road crossings.
Project Location: The project site is located on approximately 1200 acres of land within the northwest,
northeast, southwest and southeast quadrants of the NC Highway 42 (NC42) and Buffalo Road (SR 1003)
intersection, east of Clayton, Johnston County, North Carolina (35.6520° N, -78.3437° W). The project
slte includes portions o itt a?Icn ?u fafio creeks; several-of' tfl-6 'an?aneditributariog'A?nli vvetlarrtts---
adjacent to these water bodies in the Neuse River Basin (8-Digit Cataloging Unit 03020201).
Permit Conditions:
General Conditions:
1. The time Limit for completing the work authorized ends on December 31, 2035. If you rind that you need
more time to complete the authorized activity, submit your request for a time extension to this office for consideration at
least one month before the above date is reached.
2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms
and conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although
you may make a good faith transfer to a third party in compliance with General Conditions 4 below. Should you wish
to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must
obtain a modification of this permit from this office, which may require restoration of the area.
3. If you discover any previously unknown historic or archeological remains while accomplishing the activity
authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal
and state coordination required to determine if the remains warrant a recovery effort or if the site eligible for listing in
the National Register of Historic Places.
ENG Form 1721, Nov 86 EDITIONS OF SEP 82 IS OBSOLETE. (33 DFR 325 (Appendix A)}
4. If you sell the property associated with this permit, you must obtain the signature of the new owner in the space
provided and forward a copy of the permit to this office to validate the transfer of this authorization.
5. If a conditioned water quality certification has been issued for your project, you must comply with the conditions
specified in the certification as special conditions to this permit. For your convenience, a copy of the certification is
attached if it contains such conditions.
6. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to
ensure that it is being or has been accomplished in accordance with the terms and conditions of your permit.
Special Conditions:
*SEE ATTACHED SPECIAL CONDITIONS
Further Information:
1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to:
( ) Section 10 of the Rivers and Harbors Act of 1899 (33 U.S. C. 403).
( X) Section 404 of the clean Water Act (33 U.S.C. 1344).
{ ) Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413).
2. Limits of this authorization.
a. This permit does not obviate the need to obtain other Federal, state, or local authorizations required by law.
b. This permit does not grant any property rights or exclusive privileges.
c. This permit does not authorize any injury to the property or rights of others.
d. This permit does not authorize interference with any existing or proposed Federal project.
3. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability for the
following:
a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from
natural causes.
b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on
behalf of the United states in the public interest.
c. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity
authorized by this permit,
d. Design or construction deficiencies associated with the permitted work.
2 "U.S. GOVERNMENT PRINTING OFFICE: 1986-717.425
e. Damage claims associated with any future modification, suspension, or revocation of this permit.
4. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the public interest was mad in reliance
on the information you provided.
5. Reevaluation of Permit Decision. This office may reevaluate its decision on this permit at any time the circumstances
warrant. Circumstances that could require a reevaluation include, but are not limited to, the following:
a. You fail to comply with the terms and conditions of this permit.
b. The information provided by you in support of your permit application proves to have been false, incomplete, or
inaccurate (see 4 above).
c. Significant new information surfaces which this office did not consider in reaching the original public interest
decision.
Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and
revocation procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33CFR 326A
and 326.5. The referenced enforcement procedures provide for the issuance of an administrative order requiring you to
comply with the terms and conditions of your permit and for the initiation of legal action where appropriate. You will
be required to pay for any corrective measures ordered by this office, and if you fail to comply with such directive, this
office may in certain situations (such as those specified in 33 CFR 209.170) accomplish the corrective measure by
contract or otherwise and bill you for the cost.
6. Extensions. General condition 1 establishes a time limit for the completion of the activity authorized by this permit.
Unless there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the
public interest decision, the Corps will normally give favorable consideration to a request for an extension of this time
limit.
Your signature below, as permittee, indicates that you accept and agree to comply with the terms and conditions of this
permit.
(?;!& to
(PERMITTE MS. REBECCA OWERS (DATE)
RIVER DELL COMPANY, INC.
This permit becomes effective when the Feder 1 official, designated to act for the Secretary of the Army, has signed
below. If _ / /
(DISTRICT Engineer) JEFFERSON
2 rA uto
RYSCAVAGE, COLONEL (DATE)
When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and conditions of this
permit will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit and the associated liabilities associated
with compliance with Its terns and conditions, have the transferee sign and dale below.
(Transferee)
(Date)
3 *U.S.GOVERNMENT PRINTINGOMCE: 1986-717425
SPECIAL CONDITIONS (Action ID SAW-20080-1712)
Work Limits
a) All work authorized by this permit must be performed in strict compliance with
the attached plans (Exhibit A), which are a part of this permit. Any modification to these
plans must be approved by the US Army Corps of Engineers (USACE) prior to
implementation.
b) Except as authorized by this permit or any USACE approved modification to this
permit, no excavation, fill or mechanized land-clearing activities shall take place at any
time in the construction or maintenance of this project, within waters or wetlands. This
permit does not authorize temporary placement or double handling of excavated or fill
material within waters or wetlands outside the permitted area. This prohibition applies to
all borrow and fill activities connected with this project.
C) Except as specified in the plans attached to this permit, no excavation, fill or
mechanized land-clearing activities shall take place at any time in the construction or
maintenance of this project, in such a manner as to impair normal flows and circulation
patterns within waters or wetlands or to reduce the reach of waters or wetlands.
Related Laws
d) All mechanized equipment will be regularly inspected and maintained to prevent
contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other
toxic materials. In the event of a spill of petroleum products or any other hazardous
waste, the permittee shall immediately report it to the N.C. Division of Water Quality at
[phone], Ext. 526 or [phone] and provisions of the North Carolina Oil
Pollution and Hazardous Substances Control Act will be followed.
Project Maintenance
e) The permittee shall advise the USACE in writing at least two weeks prior to
beginning the work authorized by each phase of this permit and again upon completion of
the work authorized by each phase of this permit. Additionally, prior to beginning the
work authorized by each phase of this permit, the permittee shall hold a pre-construction
meeting with the USACE, Raleigh Regulatory Field Office Project Manager, telephone
919-554-4884, 22, with the USACE and the contractor who will perform the authorized
work.
f) Unless otherwise authorized by this permit, all fill material placed in waters or
wetlands shall be generated from an upland source and will be clean and free of any
pollutants except in trace quantities. Metal products, organic materials (including debris
from land clearing activities), or unsightly debris will not be used.
SPECIAL CONDITIONS (Action ID SAW-20080-1712)
g) The permittee shall require its contractors and/or agents to comply with the terms
and conditions of this permit in the construction and maintenance of this project, and
shall provide each of its contractors and/or agents associated with the construction or
maintenance of this project with a copy of this permit. A copy of this permit, including
all conditions, shall be available at the project site at all times during construction and
maintenance of this project.
h) The permittee shall employ all sedimentation and erosion control measures
necessary to prevent an unacceptable increase in sedimentation or turbidity within waters
and wetlands outside the permit area. This shall include, but is not limited to, the
immediate installation of silt fencing or similar appropriate devices around all areas
subject to soil disturbance or the movement of earthen fill, and the immediate
stabilization of all disturbed areas. Additionally, the project must remain in full
compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North
Carolina General Statutes Chapter 113A Article 4).
i) The permittee, upon receipt of a notice of revocation of this permit, or upon its
expiration before completion of the work will, without expense to the United States and
in such time and manner as the Secretary of the Army or his authorized representative
may direct, restore the water or wetland to its pre-project condition.
j) For the installation of culverted stream crossings, the pipe inverts will be buried at
least one foot below the surface of the stream for culverts greater than 48 inches in
diameter. For culverts 48 inches in diameter or smaller, culverts must be buried below
the bed of the surface of the stream to a depth equal to or greater than 20 percent of the
diameter of the culvert. A waiver from the depth specifications in this condition may be
requested in writing. The waiver will only be issued if it can be demonstrated that the
impacts of complying with this condition would result in more adverse impacts to the
aquatic environment. Culverts installed in jurisdictional wetlands, with no associated
stream crossing are not required to be buried.
Enforcement
k) Violations of these conditions or violations of Section 404 of the Clean Water Act
or Section 10 of the Rivers and Harbors Act must be reported in writing to the
Wilmington District U.S. Army Corps of Engineers within 24 hours of the permittee's
discovery of the violation.
2
SPECIAL CONDITIONS (Action ID SAW-20080-1712)
Mitigation
1) 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.
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 Construction/Mitigation
Number Impact Areas Mitigation Required Pa ent 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 wetland (All
3 5, 12, 18, and 19 wetland mitigation paid 12/31/2019
under the EEP'/a acre
minimum
4 3 150 LF of stream 12/3112021
5 6, 7, 8, 13, and 14 295 LF of stream 12/31/2025
60 LF of stream & 0.007
6 11, 16, 17 acres of wetland 12/31/2027
(wetland paid with
phase 3
7
L 9
10 0.096 acres of wetland
I 12/31/2029
, aid with phase 3
3
SPECIAL CONDITIONS (Action ID SAW-20080-17121
M) 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 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.
4
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