20070018 Ver 2_Approval Letter_20070914

O~O~ W AT F9QG
r
~ _ ~ ~. -i
o `~~ ~
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
September 14, 2007
DWQ Project # 07-0018, Ver. 2
Johnston County
Mr. Gary Lynch
NC 42 East Development, LLC
P.O. Box 20012
Raleigh, NC 27619
Subject Property: 42 East
Ut to Mill Creek [030402 27-39, WSIV, NSW]
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. Lynch:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 0.08 acres of 404/wetland, 293 linear feet of perennial stream and 8,242
square feet of Zone 1 Neuse River basin protected riparian buffer and 2,504 square feet of Zone 2 Neuse
River basin protected riparian buffer, as described in your application dated March 2, 2007, and received
by the Division of Water Quality (DWQ) on March 2, 2007, with additional information received from
you on July 24, 2007 and September 14, 2007, to construct the proposed residential development. After
reviewing your application, we have decided that the impacts are covered by General Water Quality
Certification Number(s) 3631 (GC3631). The Certification(s) allows you to use Nationwide Permit(s)
NW29 when issued by the US Army Corps of Engineers (USAGE). Finally, this letter shall also 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. 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 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.
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] /Internet: httn://h2o enr state.nc.us/ncwetlands
No ` Carolina
~turally
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper

NC 42 East Development, LLC
Page 2 of 4
September 14, 2007
The Additional Conditions of the Certification are:
I . 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:
T e of Im act Amount A roved Units Plan Location or Reference
404 Wetlands 0.08 (acres) PCN a e 8 of 14
Stream - erennial 293 (linear feet) PCN a e 8 of 14
Buffers Zone 1 8,242 (s uare ft. PCN a e 12 of 14
Buffers Zone 2 2,504 (s uare ft.) PCN a e 13 of 14
2. 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.
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 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;
Miti ag tion:
5. Compensatory Mitigation Using the Ecosystem Enhancement Program (EEP)
Mitigation must be provided for the proposed impacts as specified in the table below. We
understand that you wish to make a payment to the Wetlands Restoration Fund administered by
the NC Ecosystem Enhancement Program (EEP) to meet this mitigation requirement. This has

NC 42 East Development, LLC
Page 3 of 4
September 14, 2007
been determined by the DWQ to be a suitable method to meet the mitigation requirement. Until
the EEP receives and clears your check (made payable to: DENR -Ecosystem Enhancement
Program Office), no impacts specified in this Authorization Certificate shall occur. The EEP
should be contacted at [phone] if you have any questions concerning payment into a
restoration fund. You have 60 calendar days from the date of this approval to make this
payment. For accounting purposes, this Authorization Certificate authorizes payment into
the Wetlands Restoration Fund to meet the following compensatory mitigation
requirement:
T e of Im act Com ensato Miti ation Re wired River and Sub-basin Number
Stream - erennial 293 (linear feet) Neuse/03020201
NBR Zone 1 12,000 s ware feet) Neuse/03020201
NBR Zone 2 4,200 (s ware feet) Neuse/03020201
6. 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 401/Wetlands Unit web site 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.
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 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 to ensure compliance with 15A
NCAC 2B .0233 and GC3631;
8. Construction Stormwater Permit NCGO10000
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/Forms Documents. htm.
9. Written Stormwater Management Plan (Final Approval Needed)
The final, written stormwater management plan approval on letterhead from the reviewing local
government and one copy of the approved stormwater management plan, including plan details,
calculations and other supporting information, must be received by this Office before the impacts
specified in this Certification occur. Also, before any permanent building is occupied at the
subject site, the facilities (as approved by this Office) shall be constructed and operational, and

NC 42 East Development, LLC
Page 4 of 4
September 14, 2007
the stormwater management plan (as approved by this Office) shall be implemented. The
approved structural stormwater practices 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.
10. 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 OversightlExpress Review Permitting Unit, 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. 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 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.
Any disputes over determinations regarding 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 letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act and the Neuse riparian buffer protection rule as described within 15A NCAC 2B .0233. If you have
any questions, please telephone Cyndi Karoly or Ian McMillan at 919-733-1786.
Sinc ly,
oleen H. Sullins, Director
CHS/ijm
Enclosures: GC3631
Certificate of Completion
cc: Lauren Cobb, DWQ Raleigh Regional Office
Monte Matthews, USACE Raleigh Regulatory Field Office
File Copy
Central Files
Michael Iagnocco, STV/Ralph Whitehead Associates, Inc., 1000 W. Morehead Street, Suite 200,
Charlotte, NC 28208
Filename: 070018 Ver2_42East(Johnston~l01_NBR

O~O~ W A TF9pG
>_ _~~.-I
D `~ -~.
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
North Carolina Division of Water Quality
401 Water Quality Certification
Summary of Permitted Impacts and Mitigation Requirements
In accordance with 15A NCAC 2H.0500, Mr. Gary Lynch and NC 42 East Development, LLC, have permission as
outlined below to fill or otherwise impact 0.08 acres of 404/wetland, 293 linear feet of perennial stream and 8,242
square feet of Zone 1 Neuse River basin protected riparian buffer and 2,504 square feet of Zone 2 Neuse River
basin protected riparian buffer as described in your application dated March 2, 2007 and received by the DWQ on
March 2, 2007, and all additional information received by the DWQ on July 24, 2007, to construct the proposed
residential development, which is located on the south of NC Highway 42 and est of Motorcycle Road (SR 1704),
near Clayton, Johnston County, North Carolina. All activities associated with these authorized impacts must be
conducted with the conditions listed in the attached Permit transmittal letter. THIS CERTIFICATION IS NOT
VALID WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENTS, ECOSYSTEM ENHANCEMENT PROGRAM
DWQ PROJECT#: 20070018
LOCATION: Clayton
COUNTY Johnston
BASIN/ SUB BASIN Neuse/03020201
As required by 15A NCAC 2H.0500, and the conditions of this Certification, you are required to compensate for
the above mitigable impacts through the restoration, creation, enhancement or preservation of wetlands, surface
waters and riparian buffers as outlined below prior to conducting any activities that impact or degrade the waters of
the state.
Note: Acreage requirements proposed to be mitigated through the Ecosystem Enhancement Program must be
rounded to one-quarter acre increments and linear foot requirements must be rounded up to the nearest
foot according to 15 2R.0503(b).
Im acts Miti anon
293 Linear Feet Perennial Stream 293 Linear Feet Perennial Stream
4,000 S uare Feet of Zone I Buffers 12,000 S ware Feet of Zone I Buffers
2,800 S uare Feet of Zone II Buffers 4,200 S uare Feet of Zone II Buffers
One of the options you have available to satisfy the compensatory mitigation requirement is through the payment of
a fee to the Wetlands Restoration Fund per NCAC 2R.0503. If you choose this option, please sign this form and
mail the form along with a copy of your 401 Certification or Buffer Approval to the Ecosystem Enhancement
Program at the address below. An invoice for the appropriate amount of payment will be sent to you upon receipt
of this form. PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE
NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE ECOSYTEM ENHANCMENT
PROGRAM.
Signature
Date
ECOSYSTEM ENHANCEMENT PROGRAM
1652 Mail Service Center
RALEIGH, N.C. 27699-1652
[phone]
Filename: 070018 Ver2_42East(Johnston~01_NBR_EEP
None Carolina
401 Oversight/Express Review Permitting Unit ~tllCQ«y
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone [phone] / Fax [phone]
Internet: http://www.ncwaterquality.org
An Equal Opportunity/A~rmative Action Employer - 50% Recycled/10% Post Consumer Paper

Certification of Completion
DWQ ProjectNo.:
Applicant:
Project Name:
county:
Date of Issuance of Certification or Authorization:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certifcation and Buffer Rules, and any
subsequent modifications, the applicant is required to return this certificate to the 401 Oversight/Express Permitting Unit,
North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be
returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send
certificates from all of these.
Applicant's Certification
I, ,hereby state that, to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality C+~rtification and Buffer Rules, the approved plans and specifications,
and other supporting materials.
Signature: Date:
Agent's Certification
I, ,hereby state that, to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved. plans and specifications,
and other supporting materials.
Signature:
Date:
If this project was designed by a Certified Professional
I, as a duly registered Professional (i.e., Engineer,
Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically,
weekly, full time) the construction of the project, for the Permittee hereby state that, to the best of my abilities, due care
and .diligence was used in the observation of the construction such .that the construction was observed to be -built within
substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature: Registration No. Date