20151165 Ver 2_Approval Letter_20160531 (2)

GREENWAY RESIDENTIAL DEVELOPMENT, LLC
ATTN: MR. BRAD MCLEAN
DWR# 15-1165 V2
401 AND BUFFER APPROVAL
Page 2 of 5
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 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. 115A 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. No waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind occur in wetlands, waters, or riparian buffer areas
beyond the footprint of the impacts depicted in the application. All construction
activities, including design, installation, operation, and maintenance of sediment and
erosion control Best Management Practices, shall be performed so that no violation of
state water quality standards, statutes, or rules occur. [15A NCAC 02H .0501 and .0502]
5. All mechanized equipment operated near surface waters or wetlands will be regularly
inspected and maintained to prevent contamination of waters and wetlands from fuels,
lubricants, hydraulic fluids or other potential toxic chemicals. In the event of a
hydrocarbon or chemical spill, the permitee/contractor shall immediately contact the
Division of Water Quality, between the hours of 8 am to 5 pm at the Washington Regional
Office at 252.946.6481 and after hours and on weekends call [phone].
Management of such spills shall comply with provisions of the North Carolina Oil Pollution
and Hazardous Substances Control Act. [15A NCAC 02H.0506 (b)(3) and (c)(3), 15A NCAC
02B.0200 (3)(f), and GS 143 Article 21A]
6. 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)]
7. Turbidity Standard
The turbidity standard of 50 NTUs (Nephelometric Turbidity Units) shall not be exceeded
as described in 15 A NCAC 02B .0211 (k). Appropriate sediment and erosion control
practices must be used to meet this standard. [15A NCAC 02B .0211 (k)]

GREENWAY RESIDENTIAL DEVELOPMENT, LLC
ATTN: MR. BRAD MCLEAN
DWR# 15-1165 V2
401 AND BUFFER APPROVAL
Page 3 of 5
8. Fueling, lubrication and general equipment maintenance should not take place within 50
feet of a waterbody or wetlands to prevent contamination by fuel and oils. [15A NCAC
02H .0506 (b)(3) and (c)(3) and 15A NCAC 028 .0200 (3)(f)]
9. The Permittee shall replant the vegetation within temporarily disturbed areas associated
with this project in an "in kind" manner immediately following construction. (Example:
Disturbed areas with pre-existing grassed lawns must be replanted with grass. Disturbed
areas with pre-existing trees or woody vegetation must be replanted with trees and
woody vegetation. Disturbed areas with pre-existing forest vegetation must be replanted
with forest vegetation including at least two different native hardwood tree species at a
density sufficient to provide 260 trees per acre at maturity. This density can usually be
achieved by planting approximately 360 (11 x 11 spacing) to 538 (9 x 9 spacing) trees per
acre.) Restoration of trees/shrubs/forest must be completed by the first subsequent
planting season (November 1 through March 30). Note, if the tree plantings do not
survive, they will need to be replaced such that the density is sufficient to provide 320
trees per acre at maturity. [15A NCAC 02H .0507 (c), 15A NCAC 02H.0506 (b)(3), and 15A
NCAC 02B.0233 (6)]
10. Re Opener Clause
The Greenway Residential Development, 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. The Greenway
Residential Development, 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 Greenway Residential Development, 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 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.
11. 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)]

GREENWAY RESIDENTIAL DEVELOPMENT, LLC
ATTN: MR. BRAD MCLEAN
DWR# 15-1165 V2
401 AND BUFFER APPROVAL
Page 4 of 5
12. The applicant and/or authorized agent shall provide a completed Certificate of
Completion form to the Division within thirty (30) days of project completion (available
at http://Portal.ncdenr.org/web/wa/swo/ws/401/certsandpermits/apply/forms). [15A
NCAC 02H .0506(b)(5)]
13. This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]
These Certifications can be contested 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 (hereby known as
OAH). A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH
Clerk's Office at [phone] 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 B:OOam and S:OOpm, excluding
official state holidays).
The petition may be faxed to the OAH at [phone], 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:
Sam H. Hayes, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review of the Division under section 401 of the Clean Water Act and Neuse River
Buffer Rules. Please contact Anthony Scarbraugh at 252-948-3924 or [e-mail] if
you have any questions or concerns.
Sincerely,

GREENWAY RESIDENTIAL DEVELOPMENT, LLC
ATTN: MR. BRAD MCLEAN
DWR# 15-1165 V2
401 AND BUFFER APPROVAL
Page 5 of 5
Robert TankarAAssisint Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ
Enclosures: GC 3890
Certification of Completion
cc: Kyle Barnes, USACE Washington Regulatory Field Office (via email)
Samir Dumpor, DEMLR WaRO
Laserfiche
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Chap Tucker, Tucker Farms, Inc., 2539 Seven Pines Road, Greenville, NC 27834
Richie Brown, Stroud Engineering, PA (via email: [e-mail])