20030928 Ver 1_Approval Letter_20031009

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
October 9, 2003
DWQ# 03-0928
Wake County
The Weisgerber Group
C/o Mr. Roy Conoly
1426 Wall Road
Wake Forest, NC, 27547
APPROVAL of 401 Water Quality Certification with Additional Conditions,
Wetland Restoration Program
Dear Mr. Conoly:
You have our approval, in accordance with the attached conditions, to place fill in 0.0. 145 acre of
jurisdictional wetlands (0.117 acre permanent, 0.028 acre temporary) and 285 linear feet of perennial streams
(133 linear feet permanent, 152 linear feet temporary) in order to construct the Carriage Heights residential
subdivision in Wake County, as described in your application received by the Division of Water Quality (DWQ)
on July 25, 2003. These impacts are cumulative to 0.36 acre of wetlands and 456 linear feet of stream impacts
associated with the Southern Oaks subdivision project (DWQ #02-1822, issued May 11, 2002). After reviewing
your application, we have determined that this fill is covered by General Water Quality Certification Number
3402, which can be viewed on our web site at http://h2o.enr.state.nc.us/ncwetlands. This Certification allows
you to use Nationwide Permit Number 39 when it is issued by the U.S. Army Corps of Engineers. In addition,
you should get any other federal, state or local permits before you go ahead with your project including (but not
limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. Also this
approval will expire when the accompanying 404 permit expires unless otherwise specified in the General
Certification. This Certification replaces the one issued to you on September 17, 2003.
This approval is only valid for the purpose and design that you described in your application. If you
change your project, you must notify us in writing and you may be required to send us a new application for a
new certification. 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. If total wetland fills for this project (now or in
the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506
(h). For this approval to be valid, you must follow the conditions listed in the attached certification, as well as
the additional condition listed below:
1. 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 on the property. These mechanisms shall be put in
place within 30 days of the date of this 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 ;
2.
The culverts required for this project shall be installed in such a manner that the original stream profiles are
not altered (i.e. the depth of the channel must not be reduced by a widening of the streambed). Existing
stream dimensions (including the pattern and profile) are to be maintained above and below locations of each
culvert. The 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;
N. C. Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
'919) 733-1786 (phone), 919-733-6893 (fax), (http://h2o.enr.state.nc.us/ncwetlands)

The Applicant must submit a plan and receive written approval from this Office to address any head cutting
'that will occur as a result of this project (e.g., use of cross vanes downstream of the culvert);
Use of native 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;
3. We understand that you have chosen to contribute to the Wetland Restoration Program in order to
compensate for the impacts to streams. In accordance with 15A NCAC 2R .0402 and 15A NCAC 2B
.0242(7), this contribution will satisfy our compensatory mitigation requirements under 15A NCAC 2H
.0506(h) and 15A NCAC 2B .0233(10). Until the Wetland Restoration Program receives and clears your
check (made payable to: DENR -Wetlands Restoration Program), stream impacts (including fill) shall not
occur. Mr. Ron Ferrell should be contacted at [phone] if you have any questions concerning the
Wetland Restoration Program. You have until March 11, 2004 to make this payment. For accounting
purposes, this Certification authorizes the placement of fill in 0.0.145 acre of jurisdictional wetlands (0.117
acre permanent, 0.028 acre temporary) and 285 linear feet of perennial streams (133 linear feet permanent,
152 linear feet temporary) in the Cape Fear River Basin, Cataloging Unit 03030004, and 133 linear feet of
stream mitigation is required. Please be aware that the Wetland Restoration Program (WRP) rules require
rounding of wetland impacts to the nearest foot (15A NCAC 2R .0503(b));
4. 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 parry shall complete the attached form 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 culvert site to document correct installation' along with the Certificate of Completion form.
If you do not accept any of the conditions of this certification, 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 that
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.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act.
If you have any questions, please telephone Debbie Edwards in the DWQ Raleigh Regional Office at 919-571-
4700 or Cyndi Karoly in the Central Office in Raleigh 919-733-9721.
Sincerely,
l
Alan W. Klimek, P.E.
AW K/cbk
Attachments
cc: Corps of Engineers Raleigh Regulatory Field Office
Debbie Edwards, Raleigh DWQ Regional Office
Central Files
File Copy
Roy Conoly, 972 Trinity Road, Raleigh, NC, 27607
030928
NORTH CAROLINA-DIVISON OF WATER QUALITY
401 WATER QUALITY CERTIFICATION
SUMMARY OF PERMITTED IMPACTS AND MITIGATION REQUIREMENTS
In accordance with 15A NCAC 2 H .0500, The Weisgerber Group has permision as outlined below to
place fill in 0.145 acre of jurisdictional wetlands (0.117 acre permanent, 0.028 acre temporary) and 285 linear
feet of perennial streams (133 linear feet permanent, 152 linear feet temporary) in order to construct the
Carriage Heights residential subdivision in Wake County, North Carolina. All activities associated with these
authorized impacts must be conducted with the conditions listed in the attached certification. THIS
CERTIFICATION IS NOT VALID WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENT
WETLAND RESTORATION PROGRAM
LOCATION:
COUNTY:
Carriage Heights residential subdivision
Wake
BASIN/SUBBASIN Cape Fear (03-03-00-04)
Impacts:
fill in 0.0.145 acre of jurisdictional wetlands (0.117 acre permanent, 0.028 acre temporary)
fill in 285 linear feet of perennial streams (133 linear feet permanent, 152 linear feet temporary)
As required by 15A NCAC 2H .0506, and the conditions of this certification, you are required to
compensate for the above impacts through the restoration, creation, enhancement or preservation of wetlands
as outlined below prior to conducting any activities that impact or degrade the waters of the state.
Mitigation:
133 linear feet of perennial streams by WRP required for the 401 Water Quality Certification. In
correspondence dated September 11, 2003, the WRP indicated that up to 266 linear feet of stream mitigation
and 0.574 acre of wetlands mitigation will be conducted by WRP if necessary for the 404 Permit.
Note: Linear foot requirements proposed to be mitigated through the Wetland Restoration Program must
be rounded to the nearest foot and acreage requirements must be rounded to one-quarter acre increments
according to 15 2r.0503(b).
One of the options you have available to satisfy the compensatory mitigation requirements 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 it to the Wetlands Restoration Fund at the address listed 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 WETLANDS RESTORATION PROGRAM.
Signature Date
WETLANDS RESTORATION PROGRAM
DIVISON OF WATER QUALITY
1619 Mail Service Center
RALEIGH, N.C. 27669-1619
[phone]