20110749 Ver 1_Approval Letter_20111021

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NCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Division of Water Quality
Coleen H. Sullins
Director
Dee Freeman
Secretary
October 21, 2011
DWQ Project #11-0749
Johnston County
Jeremy Dowd Medlin
M/I Homes of Raleigh, LLC
1511 Sunday Drive, Suite 100
Raleigh, NC 27607
Subject Property: Dogwood at Flowers Plantation
UT to Mill Creek (030402,27-39, WS-IV; NSW)
Authorization Certificate per the Neuse River Buffer Protection Rules (15A NCAC 2B .0233) with Additional
Conditions
Dear Sir:
You have our approval, in accordance with the attached conditions and those listed below, to place fill within or
otherwise impact 2,031 square feet of Zone 1 Neuse River basin protected riparian buffer (permanent impacts)
and 11,894 square feet of Zone 2 Neuse River basin protected riparian buffer (permanent impacts), as described in
your application dated August 11, 2011, and received by the Division of Water Quality (DWQ) on August 15,
2011, and additional information received by DWQ on October 10, 2011, October 12, 2011, October 19, 2011,
and October 20, 2011 for a 65-lot single family residential community. This letter shall act as your approved
Authorization Certificate for impacts to the protected riparian buffers per 15A NCAC 2B .0233. 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.
This authorization certification 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 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:
Type of Impact Amount Approved Units Plan Location or Reference
Buffer Zones 1 2,031 (square feet) permanent impacts Buffer Impacts "Cable received 10/20/11
Buffer Zones 2 11,894 (square feet) permanent impacts Buffer Impacts Table received 10/20/11
N?rthCarolina
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North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone [phone] Customer Service
Internet: www.ncwaterquality org 1628 Mail Service Center Raleigh, NC 27699-1628 FAX [phone]
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
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2. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or till 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 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. Diffuse Flow Approval
The diffuse flow plan approved by this office consists of three level spreaders and engineered vegetated
filters strips and all associated stormwater conveyances, the grading and drainage patterns depicted on
plan sheets dated October 10, 2011 and October 12, 2011. No changes to the level spreader-vegetated
filter strips shall be made without written authorization from the DWQ. The diffuse flow devices shall
have maintenance access and at least a 10-foot drainage easement on each side to allow for the ability to
maintain the structures, and to perform corrective actions. The stormwater easements shall be recorded to
provide protection of the structures from potential alterations by future property owners. The approved
diffuse flow must be maintained in perpetuity.
6. Protective Fencing
The outside buffer, wetland or water boundary and along the constriction corridor within these
boundaries approved under this authorization. The outside boundaries of the buffers (including the pond)
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shall be clearly marked with orange warning fencing (or similar high visibility material). This is to ensure
that areas that are not approved for impacts are avoided during construction and restoration efforts.
7. Certificate of Completion
Upon completion of all work approved within the applicable Buffer Rules, and any subsequent
modifications, the applicant is required to return the attached certificate of completion to the Wetlands, Buffers,
Stormwater, Compliance and Permitting Unit (WeBSCaPe), North Carolina Division of Water Quality, 1650 Mail
Service Center, Raleigh, NC, 27699-1650.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties.
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 the Neuse River basin riparian buffer
protection rule as described within 15A NCAC 2B .0233. If you have any questions, please telephone Lauren
Witherspoon, at 919-791-4251.
Sincerely,
anny Smith
Surface Water Protection Section Supervisor
Raleigh Regional Office
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Enclosures: Certificate of Completion
cc: DWQ Central Office - WeBSCaPe - 1650 Mail Service Center
RRO File Copy
Robert Turnbull - Environmental Services Inc., 524 S. New Hope Road, Raleigh, NC 27610
Doug Radford - JPM South Development, 9380 Falls of Neuse Road, Suite 203, Raleigh, NC 27615
Filename: 11-0749-Dogwood at Flowers Plantation-NBR_Approval