20120523 Ver 1_Approval Letter_20120820

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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
August 20, 2012
DWQ Project # 12 -0523
Hoke County
Riverbrook, LLC
Attn: Mr. Watson G. Caviness
639 Executive Place, Suite 400
Fayetteville, NC 28305
Subject Property: Riverbrook — Phases H -IV
Rockfish Creek [18- 3 -(15), C]
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Caviness:
You have our approval, in accordance with the attached conditions and those listed below, to
place fill within or otherwise permanently impact 0.24 acres of wetlands and 70 linear feet of
perennial stream for the purpose of the construction of a residential subdivision at the subject
property, as described within your application dated May 25, 2012 and received by the N.C.
Division of Water Quality (DWQ) on May 29, 2012. After reviewing your application, we have
decided that the impacts are covered by General Water Quality Certification Number(s) 3890
(GC3890). The Certification(s) allows you to use Nationwide Permit(s) NW29 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, Non - discharge, and other
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
225 Green St, Ste. 714
Fayetteville; North Carolina 28301 One
Phone [phone] FAX: [phone] Customer Service: 1-877-623-6748 Nol-thCarolina
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An Equal Opportunity 1 Affirmative Action Employer (/ /�rJ K

Riverbrook, LLC
Page 2 of 4
August 20, 2012
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:
2. Erosion & Sediment Control Practices
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.
Amount Approved (Units)
1
Plan Location or Reference
404 Wetlands
(Permanent Impact)
0.242 acres
PCN page 5 of 11
Perennial Stream
70 linear feet
PCN page 5 of 11
2. Erosion & Sediment Control Practices
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.

Riverbrook, LLC
Page 3'of4
August 20, 2012
4. No Sediment & Erosion Control Measures in Wetlands or Waters
Sediment and erosion control measures should not be placed in wetlands or waters
without prior approval by 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. Stormwater Management Plan (Approval by the DWQ Stormwater Unit required.)
You are required to obtain approval from the DWQ Stormwater Unit before any impacts
authorized in this certification occur. The SMP may not be modified without prior
written authorization from the DWQ Stormwater Unit. A copy of the approval letter and
the modified SMP must be submitted to the DWQ Webscape Unit prior to the
commencement of the modifications.
6. 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 DWQ WEBSCAPE Unit at: 1650
Mail Service Center, Raleigh, North Carolina 27699 -1650.
7. 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
waning 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 15 NCAC 2H, Section .0500
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 do not accept any of the conditions of this Certification (associated with the approved
wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60
days of the date that you receive this letter. To ask for a hearing, send a written petition, which
conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative

Riverbrook, LLC
Page 4 of 4
August 20, 2012
Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699 -6714. This certification and its
conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean
Water Act. If you have any questions, please telephone Chad Turlington in the DWQ
Fayetteville Regional Office at 910 - 433 -3320.
Sincerely,
&4.V/00
Charles Wakild
Director
Enclosures: GC 3890
Certificate of Completion
cc: Karen Higgins Wetlands, Buffers and Stormwater Compliance and Permitting Unit
Crystal Amschler - USACE Wilmington Regulatory Field Office
DLR Fayetteville Regional Office
Nicole Thompson — Soil & Environmental Consultants, P.A.
File Copy