20061798 Ver 6_Notice of Violation_20081203

?F NI ATF9 Michael F. Easley, Governor
Q William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
?ot co 7
r-
> -:.i Coleen H. Sullins, Director
p Division of Water Quality
December 3, 2008
CERTIFIED MAIL #7007 2680 0001 8696 7261
RETURN RECEIPT REQUESTED
Summerwind Plantation, LLC
Attn: Mr. Ronald J. Mikesh
183 Summerwind Plantation Drive
Garner, NC 27529
Subject: NOTICE OF VIOLATION and RECOMMENDATION FOR
ENFORCEMENT
NOV-2008-PC-0820
Summerwind Plantation Phases 1 A & 1 B
DWQ Project# 06-1798 Ver. 6
35.6146N, - 78.5720 W
NCGO10000 Condition Violation
401 Water Quality Certification Condition Violation
Other Waste (In-Stream Sediment)
Removal of Best Usage
Johnston County
Dear Sir:
On November 5 and 24, 2008, N.C. Division of Water Quality (DWQ) personnel, Natalie Landry and
David Parnell, from the DWQ Raleigh Regional Office conducted site inspections for the Summerwind
Plantation Subdivision off of Glen Road, Johnston County, North Carolina. The streams on the site are
unnamed tributaries (UT) to Swift Creek and Swift Creek, all Class C NSW waters, in the Neuse River
Basin.
A stormwater general permit (NCGO10000) is issued upon the approval of an Erosion and
Sedimentation Control Plan. This permit applies to projects that receive a Division of Land Resources
(or local delegated program) Erosion and Sedimentation Control Plan for land disturbance of 1 acre or
greater. Specifically, the general permit (NCG010000) authorizes the discharge of stormwater under
the National Pollutant Discharge Elimination System in accordance with Title 15A North Carolina
Administrative Code 2H.0100.
Accordingly, the site inspection and file review revealed that:
• The subject project has an approved Erosion and Sedimentation Control Plan and is covered by
a stormwater general permit (NCGO10000);
• A copy of the approved Erosion and Sedimentation Control Plan was not observed site; and
• A rain gauge was not found on the site.
North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone [phone] Customer Service
Internet: h2o.enr.state.nc.us 1628 Mail Service Center Raleigh, NC 27699-1628 FAX [phone]
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Page 2
Summerwind Plantation
December 3, 2008
DWQ RRO received a copy of a Sedimentation Inspection Report from the Land Quality Section,
dated 11/24/08, citing the following violations for Summerwind Plantation Phase IA: failure to follow
approved plan, failure to submit revised plan, failure to provide adequate groundcover, insufficient
measures to retain sediment on site, failure to take all reasonable measures, inadequate buffer zone,
graded slopes and fills too steep, unprotected exposed slopes and failure to maintain erosion control
measures.
DWQ RRO received a copy of a Sedimentation Inspection Report from the Land Quality Section,
dated 11/24/08, citing the following violations for Summerwind Plantation Phase 113: failure to follow
approved plan, failure to submit revised plan, failure to provide adequate groundcover, insufficient
measures to retain sediment on site, failure to take all reasonable measures, inadequate buffer zone,
graded slopes and fills too steep, unprotected exposed slopes and failure to maintain erosion control
measures.
On February 12, 2008 Phil May of Carolina Ecosystems, Inc. submitted a Pre-Construction
Notification (PCN) to the DWQ on behalf of Ron Mikesh, Summerwind Plantation, LLC. The impacts
were requested under U.S. Army Corps of Engineers Nationwide Permits 14, 18 and 29 and the
corresponding General Water Quality Certifications 3704 and 3705. On September 15, 2008 DWQ
issued an approval (DWQ# 06-1798, Ver.6) that authorized impacts to 0.12 acre of wetland, 165 linear
feet of perennial stream, 0.01 acres of open water (pond) and 14,324 square feet of Zone 1 Neuse River
basin protected riparian buffers and 10,125 square feet of Zone 2 Neuse River basin protected riparian
buffers as described in the PCN.
In addition, the site inspection showed the following field conditions. The referenced Impact Area
numbers are taken from the site drawings, dated 2/7/08, submitted by Wetherill Engineering as part of
the PCN.
• Impact Area #2 (road crossing and riser basin): Loss of sediment from riser basin (built as a
skimmer basin) resulting in approximately 120 linear feet of sediment deposition impact to
stream. Impacts to stream bank and bed from bridge construction, including placement of
matting in stream for approximately 85 linear feet.
• Impact Areas #3, 4, 5 (Ut to Swift Creek, north and mostly parallel of Colonial Pipe line
easement): Loss of sediment from failed slopes and traps resulting in approximately 550 linear
feet of sediment deposition to stream with depths ranging from approximately 2-12 inches of
sediment. Check dam constructed in stream for approximately 10 linear feet at Impact Area
#4. Concentrated flow in buffer and sediment deposition in buffer for approximately 150
square feet at depths of approximately 2-5 inches.
• Ut to Swift Creek #1 (eastern edge of property): Loss of sediment outside limits of disturbance
(no traps) resulting in approximately 200 linear feet, depths ranging from approximately 2-8
inches, of stream impact from sediment deposition.
• Ut to Swift Creek #2 (eastern edge of property), below large trap that failed: Loss of sediment
outside limits of disturbance resulting in approximately 505 linear feet of stream impact from
sediment deposition with depths ranging from approximately 0-6 inches of sediment.
• Impact Area #6 (aerial crossing of sanitary sewer): Loss of sediment into stream for
approximately 200 linear feet with depths ranging from approximately 0-10 inches. Impacts to
the stream bank the from aerial line construction resulting in unstable, eroding banks for
approximately 20 linear feet. And, loss of sediment from easement, in line with ditch below
Tetra's failed trap #13. Easement eroding and may need culvert installation to stabilize soil
from stormwater flow.
As a result of the site inspection and file review, the following violations are detailed below:
Page 3
Summerwind Plantation
December 3, 2008
Item I. NCGO10000 Condition Violation
General Permit NCGO10000
Part I, Section A. No. 2
The permittee shall implement the plan, which has been approved by the approval authority. The
approved plan is considered a requirement or condition of this general permit. Deviation from the
approved plan, or approved amendment to the plan, shall constitute a violation of the terms and
conditions of this general permit except that deviation from the approved plan will be allowed (1) to
correct an emergency situation where sediments are being discharged off site or (2) when minor
modifications have been made for the purpose of improving the performance of the erosion and
sedimentation control measures and notification of the minor modifications has been made to the
Division of Land Resources (or approved local program). Such a deviation from the approved plan
shall be noted on the approved plan maintained on the job site. During active construction, a copy of
the approved plan shall be maintained on the site.
Part 1, Section B. No. 1
All erosion and sedimentation control facilities shall be inspected by or under the direction of the
permittee at least once every seven calendar days (at least twice every seven days for those facilities
discharging to waters of the State listed on the latest EPA approved 303(d) list for construction related
indicators of impairment such as turbidity or sedimentation) and within 24 hours after any storm event
of greater than 0.5 inches of rain per 24 hour period. A rain gauge shall be maintained on the site and a
record of the rainfall amounts and dates shall be kept by the permittee.
Part H, Section C. No. 1
The permittee shall at all times operate and maintain all facilities and systems of treatment and control
(and related appurtenances) which are installed or used by the permittee to achieve compliance with
the conditions of this general permit.
Item II. 401 Water Quality Certification Condition Violation
The 401 Water Quality Certification DWQ Project # 06-1798 Ver. 6 approval letter specifies that the
activities must follow the conditions listed in the General Water Quality Certifications as well as
additional conditions listed in the letter.
Condition 2 of the 401 WQC states that:
No waste, spoil, solids, or fill of any kind shall occur in wetlands, water, 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.
Condition 3 of the 401 WQC states that:
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
Page 4
Summerwind Plantation
December 3, 2008
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 requirement
specified in the most recent version of the North Carolina Sediment and Erosion
Control Planning and Design 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 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.
Condition 4 of the 401 WQC states that:
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, design and placement of temporary erosion control
measures shall not be conducted in a manner that may result in dis-equilibrium of
wetlands or stream beds or banks, adjacent to or upstream and down stream of the
above structures. All sediment and erosion control devices shall be removed and the
natural grade restored within two (2) months of the date that the Division of Land
Resources or locally delegated program has released the project;
Condition 6 of the 401 WQC states that:
All constructed stormwater conveyance outlets shall be directed and maintained as
diffuse flow at non-erosive velocities through the protected stream buffers such that it
will not re-concentrate before discharging into the stream as identified within 15A
NCAC 2B .0233(5). If this is not possible, it may be necessary to provide stormwater
facilities that are considered to remove nitrogen. This may require additional approval
from this office.
Item III. Other Waste (In-stream sediment)
15A NCAC 02B .0211 (3)f

Oils; deleterious substances; colored or other wastes: only such amounts as shall not render the waters
injurious to public health, secondary recreation or to aquatic life and wildlife or adversely affect the
palatability of fish, aesthetic quality or impair the waters for any designated uses;
Item IV. Removal of Best Usage
15A NCAC 02B.0211 (2)
The waters shall be suitable for aquatic life propagation and maintenance of biological integrity,
wildlife, secondary recreation, and agriculture; sources of water pollution which preclude any of these
uses on either a short-term or long-term basis shall be considered to be violating a water quality
standard.
Requested Response
Page 5
Summerwind Plantation
December 3, 2008
You are directed to respond to this letter in writing within 30 days of receipt. You are also encouraged
to secure a consultant who specializes in stream permitting and restoration to assist you with the
submittal of the following:
1. Documentation depicting all jurisdictional features (e.g. streams and buffers). A description
and quantification of the impacts to those jurisdictional features and your plans to avoid further
stream and buffer impacts on the site.
2. Please explain in your response when and how you anticipate achieving compliance with the
approved Erosion and Sediment Control Plan. Please provide a statement documenting that the
approved Erosion and Sedimentation Control Plan is on-site and available for review. A rain
gauge must be properly installed as required by the permit. Please provide a statement
documenting the location of the rain gauge. Provide all rain gauge data collected to include the
past three months of monitoring through to the date of your written response to this letter. If
you do not have data, explain why. Provide inspection records to include the past three months
of monitoring records through to the date of your written response to this letter. If you do not
have records, explain why.
3. Please explain in your response when and how you anticipate achieving compliance with the
401 Water Quality Certification. Provide a timeline that includes deadlines for installing level
spreaders.
4. Please submit the following documents for review and approval:
a. Stream Restoration Plan (bridge and aerial line construction impacts) - Please explain how
you plan to restore the pattern, profile and dimension of the impacted stream channels to
include stabilization of the bed and bank. The streambeds must be restored to the original
profile, the stream banks must be stabilized.
b. Stream Restoration Plan (sediment impacts) - Sediment impacts to the streams onsite and
downstream of the site must be removed. As a part of this plan, you should provide the
amount (depth) of material that has been deposited in the floodplain, stream and any
wetlands. This information should be depicted on a map you provide. It is recommended
that you use hand labor (buckets, shovels and wheelbarrows) to remove deposited sediment
from the stream channel. The sediment should be removed from the channel, taken to high
ground away from the stream channel and stabilized. Also, the plan must address the
measures that will be used for temporary stabilization/sediment control while this work is
under way.
5. Please indicate in your response a detailed schedule with dates explaining when the
restoration will be accomplished.
6. It is required that you contact the Division of Land Resources and the U.S. Army Corps of
Engineers. These contacts are necessary to ensure that your restoration efforts are in
compliance with the Sedimentation Pollution Control Act and Section 404 of the Clean
Water Act.
Submit Requested Items To:
Natalie Landry
DWQ Raleigh Regional Office
3800 Barrett Drive
Page 6
Suinmerwind Plantation
December 3, 2008
Raleigh, NC 27609
Thank you for your attention to this matter. This office requires that the violations, as detailed above,
be abated immediately. These violations and any future violations are subject to a civil penalty
assessment of up to $25,000.00 per day for each violation. Should you have any questions
regarding these matters, please contact Natalie Landry at [phone].
Sincerely,
Danny Smith

Raleigh Regional Supervisor
Surface Water Protection Section
cc: John Hennessy - NPS Assistance and Compliance Oversight Unit
DWQ RRO-file copy
Cyndi Karoly, 401 Permitting, 1650 Mail Service Center, Raleigh, NC 27699
Brad Cole - DLR RRO
W A T ?9?G
r
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 15, 2008
Mr. Ronald Mikesh
Summerwind Plantation, LLC
3061 Berks Way, Suite 202
Raleigh, NC 27614
DWQ Project # 06-1798, Ver. 6
Johnston County
Subject Property: Summerwind Plantation
Ut to Swift Creek [030402, 27-43-(8), C, 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. Mikesh:
You have our approval, in accordance with the attached conditions and those listed below, to
place fill within or otherwise impact 0.12 acres of 404/wetland, 165 linear feet of perennial
stream, 230 linear feet of intermittent stream, 0.01 acres of open water impact (pond), and 14,324
square feet of Zone 1 Neuse River basin protected riparian buffers and 10,125 square feet of
Zone 2 Neuse River basin protected riparian buffers, as described in your application dated
February 8, 2008, and received by the Division of Water Quality (DWQ) on February 12, 2008,
with additional information received April 16, 2008, August 13, 2008, and September 5, 2008,
to construct the proposed residential subdivision at the site. After reviewing your application, we
have decided that the impacts are covered by General Water Quality Certification Number(s)
3704 (GC3704) and 3705 (GC3705). The Certification(s) allows you to use Nationwide
Permit(s) NW 14, NW 18, and NW29 when issued by the US Army Corps of Engineers
(USACE). 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.
The Additional Conditions of the Certification are:
t
401 Oversight/Express Review Permitting Unit
Caro?na
1650 Mail Service Center, Raleigh, North Carolina 27699-1650 ?
ra"d
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: htto://h2o cnr.state, nc us/ncwetlands
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
Summerwind Plantation, LLC
Page 2 of 6
September 15, 2008
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:
T e of Im act Amount Approved Units Plan Location or Reference
404/Wetland 0.12 Acres PCN page 5 of 10
Stream - erennial 165 linear feet PCN pages 4 and 5 of 10
Stream - intermittent 230 linear feet CN ges 4 and 5 of 10
O n Water and acres CN
# g
e 5 of 10
Buffers Zone 1 14,324 s uare ft. CN pages 8 and 9 of 10
Buffers Zone 2 10,125 s uare L) I PCN pages 8 and 9 of 10
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 without
prior approval from the Division. If placement of sediment and erosion control devices in
wetlands and waters is unavoidable, design and placement of temporary erosion control
measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands
or stream beds or banks, adjacent to or upstream and down stream of the above structures.
All sediment and erosion control devices shall be removed and the natural grade restored
Summerwind Plantation, LLC
Page 3 of 6
September 15, 2008
within two (2) months of the date that the Division of Land Resources or locally delegated
program has released the project;
5. Culvert Installation
All work in or adjacent to stream waters shall be conducted in a dry work area. Approved
BMP measures from the most current version of NCDOT Construction and Maintenance
Activities manual
(http://www.ncdot.oriz/doh/ooerationsBMP manual/downloadBMP Manual pdf)
such as sandbags, rock berms, cofferdams and other diversion structures shall be used to
prevent excavation in flowing water.
Culverts required for this project shall be installed in such a manner that the original
stream profiles are not altered. Existing stream dimensions (including the cross section
dimensions, pattern, and longitudinal profile) must be maintained above and below
locations of each culvert. Culverts shall be designed and installed to allow for aquatic
life movement as well as to prevent head cutting of the streams. If any of the existing
pipes are or become perched, the appropriate stream grade shall be re-established or, if
the pipes installed in a perched manner, the pipes shall be removed and re-installed
correctly.
Culvert(s) shall not be installed in such a manner that will cause aggradation or erosion of
the stream up or down stream of the culvert(s). Existing stream dimensions (including the
cross section dimensions, pattern and longitudinal profile) shall be maintained above and
below locations of each culvert.
Placement of culverts and other structures in waters, streams, and wetlands must be
placed below the elevation of the streambed by one foot for all culverts with a diameter
greater than 48 inches, and 20 percent of the culvert diameter for culverts having a
diameter less than 48 inches, to allow low flow passage of water and aquatic life. Design
and placement of culverts and other structures including temporary erosion control
measures shall not be conducted in a manner that may result in dis-equilibrium of
wetlands or streambeds or banks, adjacent to or upstream and down stream of the above
structures. The applicant is required to provide evidence that the equilibrium shall be
maintained if requested in writing by DWQ.
The establishment of native, woody vegetation and other soft stream bank stabilization
techniques must be used where practicable instead of rip rap or other bank hardening
methods. If rip-rap is necessary, it shall not be placed in the stream bed, unless
specifically approved by the Division of Water Quality.
Installation of culverts in wetlands must ensure continuity of water movement and be
designed to adequately accommodate high water or flood conditions.
Upon completion of the project, the Applicant shall complete and return the enclosed
"Certificate of Completion" form to notify NCDWQ when all work included in the §401
Certification has been completed. The responsible party shall complete the attached form
Sumnlerwind Plantation, LLC
Page 4 of 6
September 1
5, 2008
and return it to the 401/Wetlands Unit of the NC Division of Water Quality upon
completion of the project. Please send photographs upstream and downstream of each
curm. am lvert site to document correct installation along with the Certificate o
fo
f Completion
6. Diffuse Flow (DWQ Reviewed Plans)
All stormwater shall be directed as diffuse flow at non-erosive velocities
protected stream buffers and will through not re-concentrate before discharging into the t=he
identified within 15A NCAC 2B .0233 (5)
team as
In an effort to comply with the diffuse flow provision of the Buffer Rule 15
0213 .0233(5)), you have provided the DW ( A NCAC
Q with level spreader des
DWQ on August 13, 2008. The DWQ believ
es that if implemen edt ass received by the
diffuse flow will be achieved. However, if diffuse flow as ' Per these plans,
per 15A NCAC 02B .0233(5)
notified and corrective actions to restore di
flow shall be taken if necessary to impede the formation of erosion Ilies. ffuse
is shall not storm achieved, water then from the the DWQ proposed shall be development be piped directly thhrrou h At no time
without prior DWQ written authorization. g he buffer
The structural stormwater practices as approved by this Office as well as drain
drainage
patterns must be maintained in perpetuity. No changes to the stctur sto water
practices shall be made without written authorization f ru al rm
f
rom the Division of Water
Stonmwater easements shall be recorded for a distance of at least 10 feet on eac
Quality.
h
all stormwater conveyances on all lots containing these structures including future side of
access
for maintenance. The stormwater easements shall allow for the ability to main
structures, perform corrective actions as described above and shall provide g ure protection of
the structures from potential alternations by future gropertowners.
An Operation & Maintenance (O&M) agreement signed by the c be approved by the DWQ. This O&M agreement must urrent landowner must
transfer with the sale of
or transfer of responsibility for the stormwater facilities and the DW the land
every transfer. Q must be notified of
All bypass channels must be constructed in such a manner that they do not infria
upon diffuse now through the filter strips. g e
7. Written Stormwater Management Plan (Final Approval Needed)
No impacts associated with this development may be conducted until the DWQ has
received documentation of the Johnston County's approval of the stormwater
management plan for this project by providing EITHER:
• A valid approval letter from the Johnston County indicating that the proposed
activity has an approved SMP and one copy of the approved SMP, includin lan
details, calculations and other supporting information, OR g p
Summerwind Plantation, LLC
Page 5 of 6
September 15, 2008
• A set of stormwater plan details and calculations stamped as "Approved" by
Johnston County.
Mitigation:
8. Compensatory Mitigation Using the Earthmark Mitigation Bank and 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 Earthmark Mitigation Bank and
Wetlands Restoration Fund administered by the NC Ecosystem Enhancement Program
(EEP) to meet this mitigation requirement. These methods have been determined by the
DWQ to be a suitable to meet the mitigation requirement. Until the Earthmark
Mitigation Bank and EEP receives and clears your checks (made payable to: Earthmark
Mitigation Bank and DENR - Ecosystem Enhancement Program Office), no impacts
specified in this Authorization Certificate shall occur. The Earthmark Mitigation Bank
and EEP should be contacted at [phone]) and [phone], respectively, 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:
,-Type of Impact Com ensato Mitigation Required River and Sub-basin Number
Stream (perennial) 165 linear feet Neuse/03020201
Buffers Zone 1 7,3 29 s uare feet Neuse/03020201
9. 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;
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 Oversight/Express 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.
Summerwind Plantation, LLC
Page 6 of 6
September 15, 2008
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.
CHS/ijm
Enclosures: GC3704 and GC3705
Certificate of Completion
Tei
Coleen H. Sullins
cc: USACE Raleigh Regulatory Field Office
Lauren Witherspoon, DWQ Raleigh Regional Office
Matt Matthews, DWQ
DLR Raleigh Regional Office
File Copy
Central Files
Phil May, Carolina Ecosystems, Inc., 8208 Brian Court, Garner, NC 27529
Filename: 061798Ver6SummerwindPlantation(Johnston)401 NBR