20061804 Ver 2_Modifications_20070724

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• Soil & Environmental
11010 Raven Ridge Road Raleigh, North Carolina 27614
www.SandEC.co
To: N.C. Division of Water Quality
401 Oversight and Express Permits Unit
Attn: Cyndi Karoly
2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604-2260
From: Kevin Martin
Soil & Environmental Consultants, PA
11010 Raven Ridge Road
Raleigh, NC 27614
Re: Flowers Plantation' DWQ# 2006-1804
Clayton, Johnston County, NC
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Consultants, PA
Phone: [phone] Fax: [phone]
m July 24th, 2007
S&EC Project # 6658.W2
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On behalf of the owner, Riverdell Company, attn. Rebecca Flowers, please find attached a revised impact
map and a request that written concurrence from the N.C. Division of Water Quality (NC-DWQ) be
provided that revises the previously approved Neuse River Riparian Buffer impacts (DWQ #2006-1804).
Specifically we request that the attached Approval be modified to omit the requirement for buffer
mitigation since the impacts have been reduced below mitigation thresholds (see table below and attached
impact map). The previously submitted and approved level spreader designs will be implemented. The
crossing is at approximately the same location as previously approved, it is just in a smaller footprint.
Please contact me at [phone] if you have any questions or require additional information.
PROJECT SUMMARY
Project Name Flowers Plantation
Project T e Residential Sin le Famil )
Owner / A licant Riverdell Com an
Count Johnston
Nearest Town Cla on
Waterbod Name UT Mill Creek
Basin /Sub-basin
Index Number 27-39
Class WS IV NSW
IMPACT SUMMARY
Stream Impact (acres): 0
Wetland Impact (acres): 0
Open Water Impact (acres): 0
Total Impact to Waters of the U.S. (acres) 0
Total Stream Impact (linear feet): 0
Buffer Impact Zone 1 4890
Buffer Impact Zone 2 4464
Total Buffer Impact 9354
Isolated Wetland Impact 0
Attachments:
Detailed Impact Map
Previous DWQ Buffer Approval
Charlotte Office:
236 LePhillip Court, Suite C
Concord, NC 28025
Phone: [phone]
Fax: [phone]
Greensboro Office:
3817-E Lawndale Drive
Greensboro, NC 27455
Phone: [phone]
Fax: [phone]

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Michael F. Easley, Governor
William G. Ross lr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
December 13, 2006
Riverdell Company
Attn: Ms. Rebecca Flowers
4880 NC Hwy 42 East
Clayton, NC 27527
DWQ # 201
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By: sas s Etnknrrmerttal Cmnrwttants, ~ A
)6-1804
County
Subject Property: Flowers Plantation, NW of the Intersection of Hwy 42 and Buffalo
Road, Clayton, NC
UT Mill Creek [27-39, WS-IV, NSW]
Authorization Certificate per the Neuse River Buffer Protection Rules (15A NCAC 2B .0233)
with Additional Conditions-
Dear Ms. Flowers:
You have our authorization, in accordance with the attached conditions and those listed below, to
place fill within or otherwise im~act 13,824 square feet (ftZ) of Zone 1 of the protected riparian
buffers and 8,265 square feet (ft) of Zone 2 of protected riparian buffers to construct the bridged
road crossing in Flowers Plantation, as described within your application dated November 16,
2006 which was received by the Division of Water Quality (DWQ) on November 16, 2006. This
letter shall act as your approved Authorization Certificate fox impacts to the protected riparian
buffers per 15A NCAC 2B .b233. 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 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 Authorization are:
1. Impacts
No other impacts are authorized including incidental impacts:
Im act T e Amount Units Mltl anon Re erence
Zone 1 buffer 13,824 ft 41,472(ft PCN form; Sheet 7 of 8
Zone 2 buffer 8,265 (ft) 12,398 (ft) PCN form; Sheet 7 of 8
401 l'hersght /Express Review Permitting Unit
1650 Mal 5ervlce Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Sutte 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] Internet: htto://h2o.enr.state.nc.us/ncwetlands
N Caro ina
~atura~ly
An Equal Opportunity/Affirmative Actbn Employer - 50% Recycled/10% Post Consumer Paper

Riverdell Company
Page 2 of 4
December 13, 2006
2. Mitigation
You are required to mitigate for impacts to the protected riparian buffers. The required
area of mitigation to compensate for impacts to the protected riparian buffers is 13,824
square feet (ft2) of Zone 1 and 8,265 square feet (ftZ) of Zone 2 as required under this
authorization and 15A NCAC 2B .0242. We understand that you wish to make a
payment into the Riparian Buffer Restoration Fund administered by the NC Ecosystem
Enhancement Program (NC EEP) to meet this mitigation requirement. This has been
determined by the DWQ to be a suitable method to meet the mitigation requirement. In
accordance with 15A NCAC 2B .0242, this contribution will satisfy our compensatory
mitigation requirements under 15A NCAC 2B .0233(9)(C). Until the NC EEP receives
and clears your check (made payable to: DENR -Ecosystem Enhancement Program
Office), no impacts specified in this variance approval shall occur. Ms. Susan Klimek
should be contacted at [phone] if you have any questions concerning payment
into the EEP. For accounting purposes, this buffer authorization authorizes
payment into the Riparian Buffer Restoration Fund to compensate for 53.870 ft2 of
required riparian buffer mitigation for impacts to 22,089 ft of protected riparian
buffers; 03020201 river basin cataloging unit.
The DWQ will also accept an alternative method of mitigation (including but not limited
to Buffer Restoration or Enhancement) pursuant to the Buffer Mitigation Rule (15A
NCAC 02B .0242) to satisfy this mitigation requirement. If you choose to pursue this
option, then you are required to submit in writing a mitigation plan to the DWQ
Wetlands/401 Unit for review and dpproval. No impacts shall occur to the protected
buffers until the mitigation plan is approved by the DWQ.
3. 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 alI 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.

Riverdell Company
Page 3 of 4
December 13, 2006
d. The reclamation measures and implementation must comply with the
reclamation in accordance with the requirements of the Sedimentation Pollution
Control Act.
4. Diffuse Flow Measures (no further review required)
All stormwater runoff on this project 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).
In an effort to comply with the diffuse flow provision of the Buffer Rule [ 15A NCAC
02B .0233(5)], you have provided the Division with level spreader designs submitted
with the PCN Application dated November 16, 2006. The Division believes that if
implemented, as per these plans, diffuse flow will be achieved. However, if diffuse flow
as per 15A NCAC 02B .0233(5) is not achieved, then the Division shall be notified and
corrective actions to restore diffuse flow shall be taken if necessary to impede the
formation of erosion gullies. At no time shall stormwater from the proposed
development be piped directly through the buffer without prior written authorization from
the Division.
S. No Waste, Spoil, Solids, or Fill ofAny 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.
6. No Sediment & Erosion Control Measures w/n Wetlands or Waters
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 two (2) months of the date that the Division of Land Resources has released the
project.
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 prior to impacting any
wetlands, waters and/or buffers approved for impact under this Certification Approval
and Authorization Certificate. A sample deed notification can be downloaded from the
401/Wetlands Unit website at: http://h2o.enr.state.nc.us/ncwetlands. The text of the
sample deed notification may be modified as appropriate to suit to this project.
8. Certificate of Completion
Upon completion of all work approved within the Buffer Authorization and any
subsequent modifications, the applicant is required to return the attached Certificate of
Completion to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1650
Mail Service Center, Raleigh, NC, 27699-1650.

Riverdell Company
Page 4 of 4
December 13, 2006
Any disputes over determinations regazding this Authorization Certificate (associated with the
approved buffer impacts) shall be referred in writing to the Director for a decision. The
Director's decision is subject to review as provided in Articles 3 and 4 of G.S. 150B. This
Authorization Certificate shall expire five (5) years from the date of this letter.
This letter completes the review of the "No Practical Alternatives" determination under 15A
NCAC 2B .0233. If you have any questions or would like a copy of the buffer rules, please call
Cyndi Karoly or Amy Chapman at [phone]. This letter does not authorize any impacts to
either Waters of the United States or Waters of the State. Please contact the US Army Corps of
Engineers (USAGE) or NC Division of Water Quality (DWQ) if any impacts are proposed to
either of these waters.
AWKlcbk/asc
Enclosures: Certificate of Completion
NCEEP Notification
Sincerely,
Alan W. Klimek, P.E., Director
cc: USAGE Raleigh Regulatory Field Office
Mike Horan, DWQ Raleigh Regional Office
DLR Raleigh Regional Office
NCEEP, with PCN copy
File Copy
Central Files
Kevin Martin; S&EC; 11010 Raven Ridge Rd; Raleigh, NC 27614
Filename: 061804FIowersPlantation (Johnston)NBR