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Home My WebLink About20061804 Ver 13_Approval Letter_20161110Water Resources ENVIRONMENTAL DUALITY November 10, 2016 River Dell Company, Inc. Attn: Ms. Rebecca Flowers 4880 NC 42 East Clayton, NC 27527 PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary S. JAY ZIMMERMAN Director DWR # 06-1804 v13 Johnston County Subject: Approval of Individual 401 Water Quality Certification with Additional Conditions - Modification The Village at Flowers Plantation — Modification of Crossing #2 USACE Action ID. No. SAW -2008-01712 Dear Ms. Flowers: A 401 Water Quality Certification (#3766) for The Village of Flowers Plantation was first issued on November 5, 2008 and most recently modified on February 22, 2013. On September 14, 2016, the Division of Water Resources (Division) received a modification request from Soil & Environmental Consultants, PA dated September 14, 2016. When the project was originally permitted/certified, it was understood that the impacts were approximate and subject to change based on the final design of each road crossing. The final design for road crossing #2 resulted in a reduction of the stream and riparian buffer impacts. Accordingly, you also requested a reduction in the mitigation requirement and an update to the construction and mitigation table for the project. By copy of this letter, 401 Water Quality Certification #3766 is modified to reduce the previously approved impacts and mitigation for Road Crossing #2 as shown in the following table and the revised Condition 2 shown below: Type of Impact Amount Approved (units) Amount Approved (units) Permanent Temporary Stream Road Crossing #2 86 (linear feet) 20 (linear feet) State of North Carolina I Environmental Quality I Water Resources 1617 Mail Service Center ! Raleigh, North Carolina 27699-1617 919 807 6300 The Village of Flowers Plantation DW R# 06-1804 v13 Individual Certification #3766 Page 2 of 4 Mitigation In order to compensate for 0.122 acre of permanent impacts to wetlands, 0.005 acre of temporary impacts to wetlands, 797 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 Division of Mitigation Services (NCDMS) in the amount determined by the NCDMS, sufficient to perform the restoration of 0.214 acre of non -riparian wetland and 797 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 NCDMS 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 NCDMS 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 NCDMS. Phase Number Impact Mitigation Required Construction/ Mitigation Areas (previously approved) Payment Deadline 1 1 108 LF of stream (108) 12/31/2012 2 2 86 LF of stream (115) 12/31/2016 98 LF of stream & 0.019 acres of 3 5, 12, 18, wetland (All wetland mitigation paid 12/31/2019 and 19 under the NCDMS % acre minimum) 4 3 150 LF of stream 12/31/2021 5 6, 7, 8, 13, 295 LF of stream 12/31/2025 and 14 6 11, 16, 17 60 LF of stream & 0.007 acres of 12/31/2027 wetland (wetland paid with phase 3) 7 9,10 0.096 acres of wetland 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 Mill The Village of Flowers Plantation DWR# 06-1804 v13 Individual Certification #3766 Page 3 of 4 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. The Division also approves the SMP consisting of one grassed bioretention cell and all associated stormwater conveyances, inlet and outlet structures, and grading and drainage patterns depicted on design drawing C-1 dated November 8, 2015 and sealed by Michael Stocks, PE, which are incorporated by reference and are enforceable by the Division. The following conditions also apply [15A NCAC 02H .0506(b)(5)]: The maximum allowable drainage area for the bioretention cell shall be 70,131 square feet and the maximum allowable built -upon area within that drainage area shall be 11,320 square feet. Any changes to these maximum areas shall require the applicant to submit and receive approval for a revised stormwater management plan by the Division. [15A NCAC 02H .0506(b)(5)] 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. [15A NCAC 02H .0506(b)(5)] The approved SMP shall be constructed and operational before any permanent building or other structure is occupied at the site. [15A NCAC 02H .0506(b)(5)] The SMP may not be modified without prior written authorization from the Division. [15A NCAC 02H .0506(b)(5)] Maintenance activities for the bioretention cell shall be performed in accordance with the notarized 0&M agreements signed by Jordan Flowers Finch (Managing Member, J&J Flowers Finch, Inc.) on December 3, 2015. The O&M agreement shall transfer with the sale of the land or transfer of ownership/responsibility for the BMP facility. The Division shall be notified promptly of every transfer. [15A NCAC 02H .0506(b)(5)] 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 The Village of Flowers Plantation DWR# 06-1804 v13 Individual Certification #3766 Page 4 of 4 http://porta1.ncdenr.org/web/wq/swp/ws/401/certsandpermits/apply/forms). [15A NCAC 02H .0506(b)(5)j It is important to note that Johnston County was delegated Neuse Riparian Buffer Rule implementation within their jurisdiction on January 9, 2014. Since this project is located within Johnston County's jurisdiction, any buffer authorizations required for this project would need to be authorized by Johnston County. All other conditions in the 401 Water Quality Certification #3766 remain unchanged and are in effect. This completes the review of the Division under section 401 of the Clean Water Act and 15A NCAC 02H .0500. Contact me at 919-807-6360 or karen.higginsncdenr.ggv or Jennifer Burdette at 919-807-6364 or jernifer.burdette ncdenr.,qv if you have any questions or concerns. Sincerely, Kareniggins, Supervisor 401 & Buffer Permitting Branch cc: Deborah E. Shirley, Soil & Environmental Consultants, PA, 8412 Falls of Neuse Road, Ste 104, Raleigh, NC 27615 USACE Raleigh Regulatory Field Office Todd Bowers, EPA, Sam Nunn Federal Center, 61 Forsyth Street SW, Atlanta, GA 30303 DWR RRO 401 file DWR 401 & Buffer Permitting Branch file Filename: 061804V13VillageatFlowersPlantation(Johnston)_ 401_IC_Crossing#2Mod.docx