20061804 Ver 5_Approval Letter_20130222

4
NC ®E
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
River Dell Company, Inc.
Attn: Ms. Rebecca Flowers
4880 NC 42 East,
Clayton, NC 27527
Division of Water Quality
Charles Wakild, P. E.
Director
February 22, 2013
Subject: APPROVAL of 401 Water Quality Certification
Authorization Certificate per the Neuse Riparian Buffer Rules
The Village At Flowers Plantation
USACE Action ID. No. SAW- 2008 -01712
Dear Ms. Flowers:
John E. Skvarla, III
Secretary
DWQ #: 2006 -1804 v5
County: Johnston
Attached hereto is a copy of Certification No. 3766 issued to Ms. Rebecca Flowers and River
Dell Company, Inc., dated January 10, 2013. This Certification replaces the Certification issued
to you on March 15, 2010. 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, 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 8:00am and 5:00pm, 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.
Wetlands, Buffers, titermwater - Comnliame and Permitting (Webscape) Und One
1550 Mad oewce CPnler, Raleigh, Nuith Caronra 17699 -1650 NorthCarolina
Loca'w 512 N Salisl ury St Raleigh, North Carolina 27604
Phone pt,, 807. 300' FAX 919 - 101-4941 Cust^mei Somm 1 P77 -61' 0748 ( Interne! ww, ucwiter: i�lity u., NaNrldly

The Village at Flowers Plantation
Page 2 of 8
February 22, 2013
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,
Karen Higgins, Supervisor
Wetlands, Buffers, Stormwater —
Compliance & Permitting Unit
cc: Jeff Garnett, EPA, Sam Nunn Federal Center, 61 Forsyth Street SW, Atlanta, GA 30303
U.S. Army Corps of Engineers, Raleigh Regulatory Field Office, Wilmington District
DWQ RRO 401 files
Deborah Edwards, S &EC, PA, 11010 Raven Ridge Road, Raleigh, NC 27614
File Copy
Filename: Filename: 061804v5TheVillageatFlowersPlantation (Johnston) 401_NBR.docu

The Village at Flowers Plantation
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February 22, 2013
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 02H .0500, to Ms. Rebecca Flowers and River Dell Company, Inc.,
who have authorization to place fill within or otherwise permanently impact 0.122 acres of
404 /wetland, 1,242 linear feet of stream, 76,644 square feet of Zone 1 Neuse River basin
protected riparian buffer and 38,891 square feet of Zone 2 Neuse River basin protected riparian
buffer, and to place fill within or otherwise temporarily impact 0.005 acres of 404 /wetland and
200 linear feet of stream, as described within your application received by the N.C. Division of
Water Quality (Division) on May 1, 2008, and by Public Notice issued by the U. S. Army Corps of
Engineers and received by the Division on May 30, 2008, with additional information received
July 16, 2008, September 12, 2008, October 23, 2008 and February 4, 2010 and modification
request received December 20, 2012.
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 for the purpose and design that you described in your application and as
described in the Public Notice. 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. Any new owner must notify the Division and request the Certification be issued in
their name. 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
02H .0506 (h). This approval requires you to follow the conditions listed in the certification
below.
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 to
wetlands, streams, and /or buffers, are approved including incidental impacts:
Type of Impact
Amount Approved (Units)
Plan Location or Reference
404 /Wetlands - permanent
0.122 (acres)
Application and Public Notice
404 /Wetlands - temporary
0.005 (acres)
Application and Public Notice
Stream - permanent
1,242 (linear feet)
Application and Public Notice
Stream - temporary
200 (linear feet)
Application and Public Notice
Buffers Zone 1
76,644 (square ft.)
Application and Public Notice

The Village at Flowers Plantation
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February 22, 2013
Buffers Zone 2 138,891 (square ft.) I Application and Public Notice
2. Mitigation
In order to compensate for 0.122 acre of permanent impacts to wetlands, 0.005 acre of
temporary impacts to wetlands, 826 linear feet of permanent impacts to streams, and 200
linear feet of temporary impacts to streams, the permittee shall make payment to the Neu -
Con Stream Umbrella Mitigation Bank (Neu -Con) and 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 826 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 Neu -Con and /or 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 Neu -Con and /or 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 Neu -Con and /or NCEEP.
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
Construction/
Phase
Impact
Mitigation Required
Mitigation
Mitigation
Number
Areas
Provider
Payment
Deadline
1
1
108 LF of stream
Neu -Con
01/30/2013
2
2
115 LF of stream
NCEEP
12/31/2015
98 LF of stream & 0.019 acres of
3
5, 12,18,
wetland (All wetland mitigation paid
NCEEP
12/31/2019
and 19
under the EEP Y acre minimum)
4
3
150 LF of stream
NCEEP
12/31/2021
5
6, 7, 8,13,
295 LF of stream
NCEEP
12/31/2025
and 14
6
11,16,17
60 LF of stream & 0.007 acres of
NCEEP
12/31/2027
wetland (wetland paid with phase 3)
7
9,10
0.096 acres of wetland
NCEEP
12/31/2029
(paid 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

The Village at Flowers Plantation
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February 22, 2013
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.
3. Diffuse Flow Plan Approval by DWQ
a) The SMP approved by the DWQ consists of three level spreaders and all associated
stormwater conveyances, inlet and outlet strictures, and the grading and drainage
patterns depicted on plan sheets dated June 29, 2011 and September 27, 2012, which
are incorporated by reference into this approval and are enforceable by DWQ
provided however that any modification of the design for the stormwater
management system that is accepted by DWQ shall take precedence over the original
plans and specifications.
b) The maximum allowable drainage areas and built upon areas for the approved level
spreaders shall be in accordance with the table below. Any changes to these maximum
areas shall require the applicant to submit and receive approval for a revised
stormwater management plan by the DWQ.
c) The footprint of all stormwater management devices as well as an additional 10 -foot
wide area on all sides of the devices shall be located in either public rights -of -way,
dedicated common areas or recorded easement areas. The final plats for the project
showing all such rights -of -way, common areas and easement areas shall be in
accordance with the approved plans.
d) Maintenance activities for the level spreaders shall be performed in accordance with
the notarized O &M agreements signed by Ms. Rebecca Flowers (Owner) on December
19, 2012. The 0 &M agreement must transfer with the sale of the land or transfer of
ownership /responsibility for the BMP facility. DWQ must be notified promptly of
every transfer.
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 /401Permit Application. All
construction activities, including the design, installation, operation, and maintenance of
Maximum drainage
area (square feet)
Maximum built upon
area (square feet)
Level spreader 1
7,841
3,920
Level spreader 2
231,304
62,452
Level spreader 3
63,991
16,988
c) The footprint of all stormwater management devices as well as an additional 10 -foot
wide area on all sides of the devices shall be located in either public rights -of -way,
dedicated common areas or recorded easement areas. The final plats for the project
showing all such rights -of -way, common areas and easement areas shall be in
accordance with the approved plans.
d) Maintenance activities for the level spreaders shall be performed in accordance with
the notarized O &M agreements signed by Ms. Rebecca Flowers (Owner) on December
19, 2012. The 0 &M agreement must transfer with the sale of the land or transfer of
ownership /responsibility for the BMP facility. DWQ must be notified promptly of
every transfer.
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 /401Permit Application. All
construction activities, including the design, installation, operation, and maintenance of

The Village at Flowers Plantation
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February 22, 2013
sediment and erosion control Best Management Practices, shall be performed so that no
violations of state water quality standards, statutes, or rules occur.
5. Standard Erosion and 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 and if applicable, comply with the specific conditions and
requirements of the NPDES Construction Stormwater Permit issued to the site:
a. 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.
b. 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.
c. Reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act and the
Mining Act of 1971.
d. Sufficient materials required for stabilization and /or repair of erosion control measures
and stormwater routing and treatment shall be on site at all times.
6. No Sediment and Erosion Control Measures in Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters. If
placement of sediment and erosion control devices in wetlands and waters is unavoidable,
then design and placement of temporary erosion control measures shall not be conducted
in a manner that may result in dis- equilibrium of wetlands, 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 (DLR) or locally delegated program has released the
specific area within the project.
7. Construction Stormwater Permit NCGO10000
An NPDES Construction Stormwater Permit is required for construction projects that disturb
one (1) or more acres of land. This Permit allows stormwater to be discharged during land
disturbing construction activities as stipulated in the conditions of the permit. If your
project is covered by this permit, full compliance with permit conditions including the
erosion & sedimentation control plan, inspections and maintenance, self - monitoring, record
keeping and reporting requirements is required. A copy of the general permit
(NCG010000), inspection log sheets, and other information may be found at
http: / /portal.ncdenr.org /web /wq /ws /su /npdessw #tab -w.

The Village at Flowers Plantation
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February 22, 2013
8. 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
9. 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 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.
10. Re- opener Clause
Ms. Rebecca Flowers and River Dell Company, Inc. 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. Ms. Rebecca Flowers and
River Dell Company, Inc. 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 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 02H .0507(d). Before modifying the certification, the Division
shall notify Ms. Rebecca Flowers and River Dell Company, Inc. and the U.S. Army Corps of
Engineers and provide public notice in accordance with 15A NCAC 02H .0503. Any new or
revised conditions shall be provided in writing to Ms. Rebecca Flowers and River Dell
Company, Inc. shall be provided to the U.S. 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
The applicant and /or authorized agent shall provide a completed Certificate of Completion
Form to the DWQ Webscape Unit within ten days of project completion (available at:
http:/ /portal. ncd enr.org/ web /wu /swp /ws/ 401 /certsandpermits /apply /forms).

The Village at Flowers Plantation '
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February 22, 2013
12. This certification grants permission to the director, an authorized representative of the
Director, or DENR staff, upon the presentation of proper credentials, to enter the property
during normal business hours
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 22nd day of February 2013
DIVISION OF WATER QUALITY
r
C arles Wakild, P.E.
3766
CW /kah