20140782 Ver 2_Approval Letter_20150415

NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
April 15, 2015
ABC Family, LLC
Attn: Mr. Richard Balot
1290 B East Arlington Boulevard
Greenville, NC 27858
Donald R. van der Vaart
Secretary
DWR # 14 -0782 V. 2
Pitt County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
River Branch Subdivision Phase 3
Dear Mr. Balot:
You have our approval for the impacts listed below for the purpose described in your application dated
February 27, 2015 and received by the Division of Water Resources (Division) on March 20, 2015 with
subsequent information received on March 26, 2015 and April 15, 2015. These impacts are covered by the
attached Water Quality General Certification Number 3890 and the conditions listed below. This
certification is associated with the use of Nationwide Permit Number 18 once it is issued to you by the U.S.
Army Corps of Engineers. Please note that you should get any other federal, state or local permits before
proceeding with your project, including those required by (but not limited to) Sediment and Erosion
Control, Non - Discharge, and Water Supply Watershed regulations.
This approval requires you to follow the conditions listed in the enclosed certification(s) or general permit
and the following additional conditions:
1. The following impacts are hereby approved provided that all of the other specific and
general conditions of the Certification are met. No other impacts are approved, including
incidental impacts. [15A NCAC 02B .0506(b)(c)]
Type of Impact
Amount
Amount
Plan location/ Reference
Approved (units)
Approved
Attached
Permanent
(units)
Temporary
401/404 Wetlands
W1
0.099 (acres)
0 (acres)
River Branch Phase 3 ABC
Family, LLC Sheet No. 1 of 2
2. This approval is for the purpose and design described in your application. The plans and
specifications for this project are incorporated by reference as part of the Certification. If you
Division of Water Resources - Water Quality Regional Operations Section - Washington Regional Office
943 Washington Square Mall, Washington, NC 27889
Phone: [phone] Fax: [phone] Internet: www.nodenr.gov
An Equal opportunity 1 Affirmative Action Employer— Made in part by recycled paper

ABC Family, LLC
Attn: Mr. Richard Balot
DWR# 14 -0782 V. 2
401APPROVAL
Page 2 of 4
change your project, you must notify the Division and you may be required to submit a new
application package with the appropriate fee. If the property is sold, the new owner must be
given a copy of this approval letter and General Certification and is responsible for complying
with all conditions. [15A NCAC 02B .0507(d)(2)]
3. Water Quality Certification
The proposed project must comply with all the conditions of the General Water Quality
Certification(s) 3890. [15A NCAC 02B .0507(c)]
4. Wetland Boundary Protective Fencing
The wetlands within 50 feet of areas of disturbance shall be clearly marked with orange
warning fencing (or similar high visibility material) to protect the remaining wetlands onsite
from being impacted. This shall be done during the initial stage of construction. 15A
NCAC 02H .0506 (b)(2) and (c)(2) and 15A NCAC 02H .0507 (c)]
5. Re Opener Clause
ABC Family, LLC and their authorized agents shall conduct their 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. ABC Family, LLC shall require their contractors
(and /or agents) to comply with all of the terms of this Certification, and shall provide each
of their 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
DWR 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, DWR 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, DWR shall notify the ABC Family, 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 21-1.0504. Any new or revised conditions shall
be provided to DWR 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.
6. Upon completion of all work approved within the 401 Water Quality Certification or
applicable Buffer Rules; any subsequent modifications, the applicant is required to return
the attached certificate of completion to the 401 & Buffer Permitting Unit, NC Division of
Water Resources, 1617 Mail Service Center, Raleigh, NC 27699 -1650. [15A NCAC 02H
.0507 (c)]
7. This approval and their conditions are final and binding unless contested. [G.S. 143 - 215.5]

ABC Family, LLC
Attn: Mr. Richard Balot
DWR# 14 -0782 V. 2
401APPROVAL
Page 3 of 4
These Certifications can be contested as provided in Articles 3 and 4 of General Statute 1508 by filing a
written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as
OAH). A petition form may be obtained from the OAH at htto: / /www.ncoah.com/ or by calling the OAH
Clerk's Office at (919) 431 -3000 for information.
Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is
considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in
the OAH during normal office hours (Monday through Friday between 8:OOam and S:OOpm, excluding
official state holidays).
The petition may be faxed to the OAH at (919) 431 -3100, provided the original and one copy of the petition
along with any applicable OAH filing fee is received by the OAH within five (5) business days following the
faxed transmission.
Mailing address for the OAH:
If sending via US Postal Service: If sending via delivery service (UPS, FedEx,
etc.):
Office of Administrative Hearings Office of Administrative Hearings
6714 Mail Service Center 1711 New Hope Church Road
Raleigh, NC 27699 -6714 Raleigh, NC 27609 -6285
One (1) copy of the petition must also be served to DENR:
John C. Evans, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699 -1601
This letter completes the review of the Division under section 401 of the Clean Water. Please contact
Anthony Scarbraugh at 252- 948 -3924 or anthony.scarbraugh @ncdenr.gov if you have any questions or
concerns.
Sincerely, T j
Robert Tankard, Assistant Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDENR
Enclosures: GC 3890
Certification of Completion

ABC Family, LLC
Attn: Mr. Richard Balot
DWR# 14 -0782 V. 2
401 APPROVAL
Page 4 of 4
cc: Kyle Barnes, USACE Washington Regulatory Field Office (via email)
Jennifer Burdette, DWR 401 & Buffer Permitting Unit
File
Pat McClain, DELMR WaRO (via email)
Steve Janowski, Rivers & Associates, Inc.,
107 East 2ntl Street, Greenville, NC 27858

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