20070156 Ver 5_Approval Letter_20130122

AGA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, P. E. John E. Skvarla, III
Governor Director Secretary
January 23, 2013
Mill Run Development Group II, LLC
Mr. Chip Little
335 N. Queen Street
Kinston, NC 28501
Re: Cutter Creek Subdivision, Greene County - REVISED
DWQ #2007 -0156 V5; USACE Action ID. No. 2007 -02828
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. Little:
Attached hereto is a copy of Certification No. 3718 issued to Mill Run Development Group II, LLC,
dated January 23, 2012. This letter shall also act as your approved Authorization Certificate for impacts
to the protected riparian buffers per 15A NCAC 2B .0233. This approval replaces the approval issued
to Buzz Shackleford and Mill Run Development Group dated December 20, 2007. 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.
You can contest this Certification as provided in Articles 3 and 4 of General Statute 150B by filing a
written petition for an administrative hearing to the Office of Administrative Hearings. You may obtain a
petition form from the Office of Administrative Hearings at http: / /www.ncoah.com/ or call (919) 431 -
3000 for information.
Within sixty (60) calendar days of receipt of this Certification, you must file the petition with the Office
of Administrative Hearings. A petition is considered filed when the original and one (1) copy is received
in the Office of Administrative Hearings during normal office hours (Monday through Friday between
8:OOam and 5: OOpm, excluding official state holidays).
The petition may be faxed to the Office of Administrative Hearings at (919) 431 -3100, provided the
original and one copy of the petition is received by the Office of Administrative Hearings within five (5)
business days following the faxed transmission.
North Carolina Division of Water Quality
943 Washington Square Mall
Washington, NC 27889
Phone: 252 - 946 -6481 \ FAX: 252 - 946 -9215
Internet: www.ncwaterguality.ora
An Equal Opportunity 4 Affirmative Action Employer
NorthCarohna
Natmally

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2007 -0156 V5
Mailing address for the Office of Administrative Hearings:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699 -6714
One ( 1) copy of the petition must also be served to DENR:
William Cary, 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.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
a "
for Chuck Wakild, P.E
Attachment: Certificate of Completion
cc: Jeff Garnett, EPA, Sam Nunn Federal Center, 61 Forsyth Street SW, Atlanta, GA 30303
DWQ Webscape Unit
DEMLR, WaRO
William Wescott, Corps of Engineers Washington Regulatory Field Office
Kim Williams, LMG Inc., PO Box 2522, Wilmington, NC 28402
File copy
Filename: 07 -0156 V5_ CutterCreekSD _3718_401_IC_NBR_Approval /as

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Mill Run Development Group II, LLC
Greene County
2007 -0156 V5
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 Mill Run Development Group II, LLC , who have
permission to fill or otherwise impact 0.025 acres of jurisdictional wetlands, 2,550 linear feet of stream (fill
496 linear feet of stream and flood 2,054 linear feet of stream, 0.17 acres of open water, and 42,254 square
feet of Zone 1 Neuse River basin protected riparian buffers and 436 square feet of Zone 2 Neuse River
protected riparian buffers, to construct the proposed Cutter Creek subdivision, which is located northeast of
the intersection of NC Highway 58 and NC Highway 123, in Greene County, pursuant to an modified
application dated March 12, 2012 and received by the DWQ on March 15, 2012 and all additional
information received from you on received July 27, 2012, July 30, 2012, August 31, 2012, October 12,
2012 and December 27, 2012. The original application dated July 13, 2007 and received by the DWQ
on July 17, 2007, by Public Notice by the U.S. Army Corps of Engineers issued on the 301h day of
August of 2007 (received by DWQ on August 31, 2007), and all additional information received from
you on October 15, 2007, December 6, 2007 and December 17, 2007.
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 Units
ation or Reference
404/ Wetlands
0.025 (acres)
on and Public Notice
Stream
2,550 (linear feet) fill 496 linear feet of
stream and flood 2,054 linear feet of stream
on and Public Notice
tAlicoation
Open Waters
0.17 (acres)
and Public Notice
Buffer —Zone 1
42,254 (acres)
Applications and Public Notice
Buffer — Zone 2
436 (square ft.)
Application and Public Notice

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2. 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).
Sediment and Erosion Control:
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.
4. 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 /4011'ermit 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;
5. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum
extent practicable. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, they shall be removed and the natural grade restored within six months of the date that
the Division of Land Resources has released the project;
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;
Continuing Compliance:
7. Mill Run Development Group II, LLC, shall conduct construction activities in a manner
consistent with State water quality standards (including any requirements resulting from

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Greene County
2007 -0156 V5
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 Mill Run Development Group II, LLC 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 Mill Run Development Group II, LLC 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;
Mitigation:
8. Compensatory Mitigation Using Onsite Preservation and Offsite Restoration
Mitigation must be provided for the proposed impacts as specified in the table below. We
understand that you will be preserving 33.65 acres of onsite 404 /wetlands and 13,450 linear feet
of onsite stream per the wetlands and stream mitigation plan dated July 13, 2007, and received by
DWQ on July 17, 2007. Additionally, you have agreed to restore Neuse River basin riparian
buffer (Zone 1 and Zone 2) around the proposed onsite 11 -acre impoundment, and restore
169,884 square feet (originally proposed as 252,648 square feet) of offsite Neuse River basin
riparian buffer per your restoration plan dated December 4, 2007, and received by the DWQ on
December 6, 2006 with additional revised restoration information received on October 12, 2012:
Type of Impact
Compensatory Mitigation Required
River and Sub -basin Number
Stream
496 feet
Neuse /03020203
Zone 1 Neuse Buffer
126,760 (square feet)
Neuse /03020203
Zone 2 Neuse Buffer
654 (square feet)
Neuse /03020203
9. 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 (NCGO10000) 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/su/form.s Documents. htm.
10. Stormwater Management Plan (SMP) for Future Phase(s)
A final, written stormwater plan (including a signed and notarized Operation and Maintenance
Agreement) shall be submitted to the DWQ Webscape Unit (1650 Mail Service Drive, Raleigh,

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NC 27699 -1650) and the stormwater management plans shall be approved in writing by this
Office before the impacts specified in this Certification occur. The stormwater management plan
must include pans, specifications, and worksheets for stormwater management facilities that are
appropriate for the surface water classification and designed to remove at least 85% TSS
according to the most recent version of the NC DENR Stormwater Best Management Practices
Manual. These facilities must be designed to treat the runoff from the entire project, unless
otherwise explicitly approved by the Division of Water Quality. Also, before any permanent
building is occupied at the subject site, the facilities (as approved by this Office) shall be
constructed and operational, and the stormwater management plan (as approved by this
Office) shall be implemented. The structural stormwater practices as approved by this Office as
well as drainage patterns must be maintained in perpetuity. No changes to the structural
stormwater practices shall be made without written authorization from the Division of Water
Quality.
Additionally, in watersheds within one mile and draining to 303(d) listed waters, as well as
watersheds that are classified as nutrient sensitive waters (NSW), water supply waters (WS), trout
waters (Tr), high quality waters (HQW), and outstanding resource waters (ORW), the Division
shall require that extended detention wetlands, bio- retention areas, and ponds followed by
forested filter strips (designed according to the latest version of the NCDENR Stormwater Best
Management Practices Manual) be constructed as part of the stormwater management plan when
a site - specific stormwater management plan is required.
11. Culvert Installation
All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP
measures from the most current version of NCDOT Construction and Maintenance Activities manual
(http://www.ncdot.oriz/doh/operations/]BMP manual/download /BMP Manual.pdf) such as sandbags,
rock berms, cofferdams and other diversion structures shall be used to prevent excavation in flowing
water.
Culverts required for this project shall be installed in such a manner that the original stream
profiles are not altered. Existing stream dimensions (including the cross section dimensions,
pattern, and longitudinal profile) must be maintained above and below locations of each culvert.
Culverts shall be designed and installed to allow for aquatic life movement as well as to prevent
head cutting of the streams. If any of the existing pipes are or become perched, the appropriate
stream grade shall be re- established or, if the pipes installed in a perched manner, the pipes shall
be removed and re- installed correctly.
Culvert(s) shall not be installed in such a manner that will cause aggradation or erosion of the
stream up or down stream of the culvert(s). Existing stream dimensions (including the cross
section dimensions, pattern and longitudinal profile) shall be maintained above and below
locations of each culvert.
Placement of culverts and other structures in waters, streams, and wetlands must be placed below
the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches,
and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow
low flow passage of water and aquatic life. Design and placement of culverts and other structures
including temporary erosion control measures shall not be conducted in a manner that may result
in dis- equilibrium of wetlands or streambeds or banks, adjacent to or upstream and down stream

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including temporary erosion control measures shall not be conducted in a manner that may result
in dis- equilibrium of wetlands or streambeds or banks, adjacent to or upstream and down stream
of the above structures. The applicant is required to provide evidence that the equilibrium shall be
maintained if requested in writing by DWQ.
The establishment of native, woody vegetation and other soft stream bank stabilization techniques
must be used where practicable instead of rip rap or other bank hardening methods. If rip -rap is
necessary, it shall not be placed in the stream bed, unless specifically approved by the Division of
Water Quality.
Installation of culverts in wetlands must ensure continuity of water movement and be designed to
adequately accommodate high water or flood conditions.
Upon completion of the project, the Applicant shall complete and return the enclosed "Certificate
of Completion" form to notify NCDWQ when all work included in the §401 Certification has
been completed. The responsible party shall complete the attached form and return it to the
401 /Wetlands Unit of the NC Division of Water Quality upon completion of the project. Please
send photographs upstream and downstream of each culvert site to document correct installation
along with the Certificate of Completion form.
12. Deed Notification
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 of recording of the property, or of
individual lots, whichever is appropriate. A sample deed notification can be downloaded from the
Wetlands, Buffers, Stormwater, Compliance and Permitting Unit web site at: http:portal.
ncdenr.org/web /wq /swp /ws/ 401 /certsandPermits /apply /forms. The text of the sample deed
notification may be modified as appropriate to suit to this project.
13. 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.
This the 23`d day of January 2013
DIVISION OF WATER QUALITY
For Charles akild, P.E.
CHS /ads /aya