20061804 Ver 3_Modifications_20081223

Environmental Consultants, PA
Road • Raleigh, North Carolina 27614 • Phone: [phone] • Fax: [phone]
December 23, 2008
S&EC Project # 6658.P1
To: N.C. Division of Water Quality
401 Oversight /Express Review Permitting Unit
Attn: Mr. Ian McMillan
2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604-2260
From: Soil & Environmental Consultants, P.A.
Bob Zarzecki & Debbie Edwards
11010 Raven Ridge Road
Raleigh, NC 27614
09/;;1R0 lI
IEC 2 3 2008
DENR - WArER Qi1AL Ty
WETLANDS AND STORMWATER BRANCH
Re: THE VILLAGE AT FLOWERS PLANTATION
401 Water. Quality Certification Approval and Authorization Certificate per the
Neuse River Buffer Protection Rules (15A NCAC 213 0.233)
N.C. Division of Water Quality - Certification No. 3766
Dear Mr. McMillan:
On November 6, 2008, S&EC received a copy of the 401 Water Quality Certification
Approval and Authorization Certificate per the Neuse River Buffer Protection Rules for the
project known as The Village at Flowers Plantation. On behalf of Ms. Rebecca Flowers of
River Dell Company, Inc. and per your request, we are hereby providing a written request for
modifications to the conditions written within the 401 Approval.
The purpose for this request is to provide clarification within some of the written
conditions in addition to suggesting some modifications to the 401 Approval that will better
suit the scope of this project. Additionally, since we are anticipating a 20 year individual
permit approval from the US Army Corps of Engineers (USACE), we have introduced the
idea of a "phased" compensatory mitigation condition to the USACE in which mitigation is
provided and payment is made just prior to and only for the individual impact or impacts that
occur. Since compensatory mitigation is also a requirement of the NC Division of Water
Quality (NCDWQ), it is our hope that your office will be amenable to this "phased"
compensatory mitigation condition requirement as well. This suggested modification
language is as follows:
Charlotte Office:
236 LePhillip Court, Suite C
Concord, NC 28025
Phone: [phone]
Fax: [phone]
Greensboro Office:
3817-E Lawndale Drive
Greensboro, NC 27455
Phone: [phone]
Fax: [phone]
Page 1 of 3
The Village at Flowers Plantation - Individual Permit December 23, 2008
Modification Request of Approval #3766 S&EC, PA 6658
Mitigation must be provided for the proposed impacts as specified in the table
below. We understand that you have approval 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 for each
mitigation phase or individual impact (made payable to: DENR - Ecosystem
Enhancement Program Office), no impacts shall take place to those individual
impact areas identified within the mitigation phasing schedule or some
combination of individual impacts that has been authorized within this
Certification. The EEP should be contacted at [phone] if you have
any questions concerning payment into a restoration fund. For accounting
purposes, this Authorization Certificate authorizes payment into the
Wetlands Restoration Fund to meet the following compensatory
mitigation requirement:
Furthermore, it is also important to point out that the compensatory mitigation amounts
included within the written 401 Water Quality Certification Approval, were incorrect, that
amount included both intermittent and perennial stream impacts. For further clarification I
have included a table below that identifies impacts to streams within the approved project,
the impacts in bold text are to perennial stream that require compensatory mitigation by the
NCDWQ:
Road
Crossing
#
Type of Impact Length of
Permanent
Stream Impact River and Sub-basin
Number Required
Mitigation
1 Stream-Perennial 150 Neuse/03020201 150
2 Stream-Perennial 115 Neuse/03020201 115
3 Stream-Perennial 150 Neuse/03020201 150
5 Stream-Perennial 98 Neuse/03020201 98
6 Stream-Perennial 105* Neuse/03020201 17*
7 Stream-Perennial 130 Neuse/03020201 130
8 Stream-Perennial 148 Neuse/03020201 148
11 Stream-Perennial 60 Neuse/03020201 60
13 Stream-Intermittent 98 Neuse/03020201 0
14 Stream-Intermittent 135 Neuse/03020201 0
16 Stream-Intermittent 95 Neuse/03020201 0
TOTAL Stream 1,284 Neuse/03020201 868
* USACE and DWQ determined Perennial/Important 50' downstream from center stake of crossing,
the remainder of impacts within crossing determined to be Intermittent/Unimportant (no mitigation)
Page 2 of 3
The Village at Flowers Plantation - Individual Permit December 23, 2008
Modification Request of Approval #3766 S&EC, PA 6658
We appreciate you giving us the opportunity to make these clarifications and suggested
modifications. We will be working closely with the USACE, the N.C. EEP and your office in
the near future on the details of the mitigation phasing. Please contact us if you have any
questions.
Sincerely,
Soil & Environmental Consultants, PA
Environmental Specialist
Debbie Edwards
Environmental Specialist
Attachments:
1) 401 Water Quality Certification Approval with modifications- Certification No. 3766
CC:
Thomas Brown-USACE Raleigh Regulatory Field Office
Lauren Witherspoon-NCDENR DWQ Raleigh Regional Office
Rebecca Flowers-River Dell Company, Inc.
Paul Smith-Stocks Engineering, PA
Page 3 of 3
OF WTFMichael F. Easley, Governor
William G. Ross Jr., Secretary
> r North Carolina Department of Environment and Natural Resources
O 'C 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 2B .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.
Sincerely,
Coleen H. Sullins
CHS/cbk/ym
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)301_IC NBR
401 Oversight/Express Review Permits Unit wura'
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone]/ FAX [phone]/ Internet: htto://h2o.enr.state.nc.us/ncwetlands
An Equal Opportunity/Affirmative Action Employer - 50% Recycledi10% Post Consumer Paper
Ms. Rebecca Flowers and River Dell Company, Inc.
Page 2 of 5
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 of4?ermanent stream impact (868 Perennial and 416 Intermittent), 220 linear , _
-------------------------- - Deleted: perennial
feet oa Temporary stream impact Q 60' Perennial and 60' Intermittent),and 79,584 square feet of Zone 1 Deleted: permanent
Neuse River basin protected riparian buffer, and 39,603 square feet of Zone 2 Neuse River basin protected Deleted: perennial
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 Deleted: temporary
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 30th 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 the DWQ shall be notified in writing and _a new application for 401 , - Deleted: or an increase in impervious
Certification may be required. For this approval to be valid, compliance with the conditions listed below surfaces
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 -. - 1,284 (linear feetlF permanent,
- -- --- Application and Public Notice
- -----------------
868' Perennial and 416'
Intermittent
Stream -? - - - -
------ 220 (linear feet) temporary, Application and Public Notice
-------
160' Perennial and 60'
Intermittent
Deleted: perennial
Deleted: -
Deleted: perennial
Deleted: -
Ms. Rebecca Flowers and River Dell Company, Inc.
Page 3 of 5
November 5, 2008
Buffers Zone 1 79,584 (square ft. Application and Public Notice
Buffers Zone 2 39,603 (square ft.) Application and Public Notice
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,; _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Deleted: 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.
Ms. Rebecca Flowers and River Dell Company, Inc.
Page 4 of 5
November 5, 2008
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;
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, A sample deed notification - - - Deleted: 'these mechanisms shall be
format can be downloaded from the 401/Wetlands Unit web site at put in place within 30 days of the date of

http://h2o.enr.state.nc.us/ncwetiands DWQ shall be sent copies of all deed restrictions applied to issuance of the 401 Certification letter or
the issuance of the 404 Permit (whichever
these lots after recordation; is later).
7. Construction Stormwater Permit NCGO10000
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.ne.uslsu/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, _ _ - - - Deleted: a
the BMP Supplemental Formes with all required items. The stormwater BMPs must be designed
to remove a minimum of 85 percent TSS and 30 percent TN from the stormwater generated by
each phase of the development if any drainage areas within that phase is 24% or reater
impervious. If any drainage areas are less than 24% impervious then the BMP's must be
designed to meet the diffuse flow requirements.. 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
Miti ag tion:
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 have approval 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 for each
mitigation phase or individual impact (made payable to: DENR - Ecosystem
Enhancement Program Office) no impacts shall take place to those individual impact
areas identified within the mitigation phasing schedule or some combination of individual
impacts that has been authorized within this Certification. The EEP should be contacted
at [phone] if you have any questions concerning payment into a restoration fund
Ms. Rebecca Flowers and River Dell Company, Inc.
Page 5 of 5
November 5, 2008
For accounting purposes, this Authorization Certificate authorizes payment into
the Wetlands Restoration Fund to meet the following compensatory mitigation
requirement:
T e of Impact Compensatory Mitigation Re aired River and Sub-basin Number
Stream (perennial) 68 (linear feet) Neuse/03020201
i
Certificate of Completion
i
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 5d, day of November 2008
DIVISION OF WATER QUALITY
Coleen H. Sullins
Deleted: 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 (919)
733-5205 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:4
Deleted: 1,284
CHS/cbk/ijm
3766