20061804 Ver 3_Approval Letter_20081105

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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
November 5, 2008
Ms. Rebecca Flowers
River Dell Company, Inc.
4880 NC 42 East,
Clayton, NC 27527
Re: The Village At Flowers Plantation, Johnston County
DWQ #20061804, Ver.3; USACE Action ID. No. SAW-2008-01712
Ut to Mill Creek [030402,27-39, WSIV, NSW]
Ut to Buffaloe Creek [030406, 27-57-16-(3), C, NSW]
APPROVAL of 401 Water Quality Certification with Additional Conditions
APPROVAL of 401 Water Quality Certification and Authorization Certificate per the Neuse River
Buffer Protection Rules (15A NCAC 2B.0233) with Additional Conditions
Dear Ms. Flowers:
Attached hereto is a copy of Certification No. 3766 issued to Ms. Rebecca Flowers and River Dell
Company, Inc., dated November 5, 2008. This letter shall also act as your approved Authorization
Certificate for impacts to the protected riparian buffers per 15A NCAC 213 .0233. In addition, you should
get any other federal, state or local permits before you go ahead with your project including (but not
limited to) Solid Waste, Sediment and Erosion Control, Stormwater, Dam Safety, Non-discharge and
Water Supply Watershed regulations.
If we can be of further assistance, do not hesitate to contact us.
Sinc ely,
A Coleen H. Su tins
CHS/cbk/ijm
Attachments: NCDWQ 401 WQC Summary of Permanent Impacts and Mitigation Requirements
Certificate of Completion
cc: Becky Fox, EPA Region 4, 1307 Firefly Road, Whittier, NC 28789
Lauren Witherspoon, DWQ Raleigh Regional Office
USACE Raleigh Regulatory Field Office
File Copy
Matt Matthews, DWQ Branch Manager
Bob Zarzecki, S&EC, P.A., 11010 Raven Ridge Road, Raleigh, NC 27614
DLR Raleigh Regional Office
File Copy
Filename: 061804Ver3TheVillageAtFlowersPlantation(Johnston)401_IC_NBR
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401 Oversight/Express Review Permits Unit gtura??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://h2o.enr.state.nc.us/ncwetlands
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Ms. Rebecca Flowers and River Dell Company, Inc.
Page 2 of 2
November 5, 2008
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-
500 and 95-217 of the United States and subject to the North Carolina Division of Water Quality (DWQ)
Regulations in 15 NCAC 2H, Section .0500 to Ms. Rebecca Flowers and River Dell Company, Inc., to fill
or otherwise impact 0.122 acres of 404/wetland (permanent impact), 0.005 acres of 404/wetland impact
(temporary), 1,284 linear feet of perennial stream impact (permanent), 220 linear feet of perennial stream
impact (temporary),and 79,584 square feet of Zone 1 Neuse River basin protected riparian buffer, and
39,603 square feet of Zone 2 Neuse River basin protected riparian buffer, to construct a mixed-use
development, which is located on all four quadrants of the intersection of Buffalo Road (SR1003) and NC
Highway 42, east of Clayton, Johnston County, North Carolina, pursuant to an application dated April 28,
2008, and received by DWQ on May 1, 2008, and by Public Notice by the U.S. Army Corps of Engineers
issued on the 30'' day of May of 2008 (received by DWQ on May 30, 2008), and all additional information
received from you on July 16, 2008, September 12, 2008, and October 23, 2008. This Certification shall
also act as your approved No Practical Alternatives determination for impacts to the Neuse River basin
protected riparian buffers per 15A NCAC 2B .0233(2).
The application and supporting documentation provides adequate assurance that the proposed work will
not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the
State of North Carolina certifies that this activity will not violate the applicable portions of Sections 301,
302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application, the
supporting documentation, and conditions hereinafter set forth.
This approval is only valid for the purpose and design submitted in the application materials and as
described in the Public Notice. If the project is changed, prior to notification a new application for a new
Certification is required. If the property is sold, the new owner must be given a copy of the Certification
and approval letter and is thereby responsible for complying with all conditions of this Certification. Any
new owner must notify the Division and request the Certification be issued in their name. Should wetland
or stream fill be requested in the future, additional compensatory mitigation may be required as described
in 15A NCAC 2H.0506 (h) (6) and (7). If any plan revisions from the approved site plan result in a
change in stream or wetland impact or an increase in impervious surfaces, the DWQ shall be notified in
writing and a new application for 401 Certification may be required. For this approval to be valid,
compliance with the conditions listed below is required.
Conditions of Certification:
1. 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:
Type of Impact Amount Approved nits Plan Location or Reference
404/Wetlands 0.122 acres - permanent Application and Public Notice
404/Wetlands 0.005 (acres) -temporary Application and Public Notice
Stream - perennial 1,284 linear feet - permanent Application and Public Notice
Stream - perennial 220 linear feet) - temporary Application and Public Notice
Buffers Zone 1 79,584 (square ft. Application and Public Notice
Buffers Zone 2 39,603 (square ft.) Application and Public Notice
Ms. Rebecca Flowers and River Dell Company, Inc.
Page 3 of 3
November 5, 2008
Sediment and Erosion Control:
2. 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.
3. 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 404/401 Permit Application. 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;
4. 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;
5. 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 213.0233 and GC 3705;
Continuing Compliance:
6. Ms. Rebecca Flowers and River Dell, shall conduct construction 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. If the Division 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, the Division 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, the Division shall notify Ms. Rebecca Flowers and River Dell Company, Inc.
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 Ms. Rebecca Flowers and River Dell
Company, Inc., 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;
Ms. Rebecca Flowers and River Dell Company, Inc.
Page 4 of 4
November 5, 2008
6. Deed notifications or similar mechanisms shall be placed on all lots with remaining jurisdictional
wetlands and waters or areas within 50 feet of all streams and ponds. These mechanisms shall be
put in place within 30 days of the date of issuance of the 401 Certification letter or the issuance of
the 404 Permit (whichever is later). A sample deed notification format can be downloaded from
the 401/Wetlands Unit web site at http://h2o.enr.state.nc.us/ncwetlands DWQ shall be sent
copies of all deed restrictions applied to these lots;
Construction Stormwater Permit NCG010000
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. A final, written stormwater management plan for each phase of this project shall be submitted to
the DWQ 401 Oversight/Express Permitting Unit (2321 Crabtree Boulevard, Suite 250, Raleigh,
NC 27604) for review and approval. No land disturbance associated with any phase may be
conducted until a stormwater management plan for that phase has been submitted to and approved
by the DWQ. No buildings associated with any phase may be occupied until the stormwater
management plan is constructed and operational for that phase.
In order to be approved by the DWQ, the stormwater management plan submittal must include a
BMP Supplement Form with all required items. The stormwater BMPs be designed to remove a
minimum of 85 percent TSS and 30 percent TN from the stormwater generated by each phase of
the development. The BMPs must be designed such that they comply with the version of the NC
DENR Stormwater BMP Manual that is in effect on the date of the submittal of the stormwater
Mitigation:
10. 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
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 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:
Type of Impact Compensatory Mitigation Re uired River and Sub-basin Number
Stream (perennial) 1,284 (linear feet) Neuse/03020201
Ms. Rebecca Flowers and River Dell Company, Inc.
Page 5 of 5
November 5, 2008
11. 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 Oversight/Express Review Permitting Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
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.
If this Certification is unacceptable to you, you have the right to an adjudicatory hearing upon written
request within sixty (60) days following receipt of this Certification. This request must be in the form of a
written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the
Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. If
modifications are made to an original Certification, you have the right to an adjudicatory hearing on the
modifications upon written request within sixty (60) days following receipt of the Certification. Unless
such demands are made, this Certification shall be final and binding.
This the 5a' day of No ber 2008
F QUALITY
Z7 1 Sullins

CHS/cbk/ijm
3766
0? WATF
\0? 9pG Michael. F. Easley, Governor
7 William G. Ross Jr., Secretary
r" 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, Ms. Rebecca Flowers and River Dell Company, Inc., have permission as
outlined below to fill or otherwise impact 0.122 acres of 404/wetland (permanent impact), 0.005 acres of
404/wetland impact (temporary), 1,284 linear feet of perennial stream impact (permanent), 220 linear feet of
perennial stream impact (temporary), and 79,584 square feet of Zone 1 Neuse River basin protected riparian buffer,
and 39,603 square feet of Zone 2 Neuse River basin protected riparian buffer, to construct a mixed-use
development, which is located on all four quadrants of the intersection of Buffalo Road (SRI 003) and NC Highway
42, east of 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
NC EEP NAME: The Village At Flowers Plantation
DWQ PROJECT #: 20061804, Ver. 3
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).
Impacts Mitigation
1,284 Linear Feet of Perennial Stream 1,284 Linear Feet of Perennial Stream
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: 061804Ver3TheVillageAtFlowersPlantation(Johnston)401 IC NBR EEP
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: http://www.ncwaterquality.org
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/ 10% Post Consumer Paper
Certification of Comple_tio_n
DWQ Project No.:
Applicant:
Project Name:
Date of Issuance of Wetland Permit:
County:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification 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
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:
Agent's Certification
I,
used in the observation of the
compliance and intent of the 401
and other supporting materials.
Signature
Date:
, hereby state that, to the best of my abilities, due care and diligence was
construction such that the construction was observed to be built within substantial
Water Quality Certification and Buffer Rules, the approved plans and specifications,
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