20051098 Ver 2_Approval Letter_20070926

~QF W ATFRQ Michael F. Easley, Governor
\Q (~ William G. Ross Jr., Secretary
f? ~ North Carolina Department of Environment and Natural Resources
~_ ~
Coleen H. Sullins Director
~ ~ ~ Division of Water Quality
`_
September 26, 2007
DWQ Project # OS-1098 vs. 2
Pitt County
Brighton Place of Greenville, LLC. & Frog Level, LLC.
Attn: Steve Krpata
2361 Portertown Road
Greenville, NC 27858
Subject Property: Brighton Place Section 3
Neuse Basin, Gum Swamp, 030409, 27-97-1, NSW, C, Sw
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. Krpata:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 205 feet of streams where two existing crossings will be removed and new
culverts situated in a new alignment resulting in a permanent impact of 149 linear feet also 14193 square
feet (ftZ) of protected riparian buffers for the purpose of a stream crossing at the subject property, as
described within your application dated August 7, 2007 and received by the N.C. Division of Water
Quality (DWQ) on August 9, 2007. After reviewing your application, we have decided that the impacts
are covered by General Water Quality Certification Number(s) 3627 (GC3627). The Certification(s)
allows you to use Nationwide Permit(s) 14 when issued by the US Army Corps of Engineers (USAGE).
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 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 properly 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 1501inear 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:
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:
North Carolina Division of Water Quality Internet: h2o.enr.state.nc.us
943 Washington Squaze Mall Phone: [phone] One
Washington, NC 27889 FAX [phone] NorthCaTOlina
An Equal OpportunitylAffirmativeAaion Employer- 50% Recycled110% Post Consumer Paper ~aturaltr~

Applicant:
Page 2 of 3
Date:
Amount A roved nits Plan Location or Reference
Stream 205 feet total Plat rovided with a lication
149 linear feet) Permanent Plat rovided with a lication
404/CAMA Wetlands na acres na
Waters na (acres) na
Buffers 9395 s uare ft. Zone 1 Plat rovided with a lication
4798 s uare ft. Zone 2 Plat rovided with a lication
2. Erosion & Sediment Control Practices
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. For borrow pit sites, the erosion and sediment control measures must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
3. 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.
4. No Sediment & Erosion Control Measures w/n Wetlands or Waters
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. 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 OversightBxpress Review Permitting Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650

Applicant:
Page 3 of 3
Date:
6. Culvert Installation
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.
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 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.
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 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.
7. No Impacts Beyond those in Application
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.
8. Riparian zone restoration is required as a condition of this Certification.
Zone 1 of the riparian buffer must be planted with woody vegetation within the restoration area.
Specifically, it is required that at least two different native tree species are planted at a density
sufficient to provide 320 trees per acre at maturity. [This density is usually achieved by planting
approximately 436 trees/acre on a 10 x 10 ft. grid or 681 trees/acre on an 8 x 8 ft. grid.] Zone 2 must
be replanted in stable vegetation as to provide diffuse flow into Zone 1. The riparian zone plantings
shall be completed within 180 days of receipt of this Certification. Note: if the tree plantings do not
survive, they will need to be replaced such that the density is sufficient to provide 320 trees per acre
at maturity.
9. Deed Notifications

Applicant:
Page 4 of 3
Date:
Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands,
waters and protective buffers in order to assure compliance for future wetland, water and buffer
impact. These mechanisms shall be put in place prior to impacting any wetlands, waters and/or
buffers approved for impact under this Certification Approval and Authorization Certificate. A
sample deed notification can be downloaded from the 401/Wetlands Unit web site at
http://h2o.enr.state.nc.us/ncwetlands. The text of the sample deed notification may be modified as
appropriate to suit to this project.
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.
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 Kyle Barnes at 252-948-3917 or Ian McMillan at 919-733-1786.
Since ly,
Al Hodge/Supervisor
Division of Water Quality
Surface Water Protection
Washington Regional Office
Enclosures: Certificate of Completion.
GC 3627
cc: Corps of Engineers Washington Field O#'f"ice
DWQ 401 Oversight/Express Unit ~/
LAMA, Morehead Office
File copy
Central Files
Ken Malpass, Malpass and Associates
1645 E. Arlington Blvd. Suite D, Greenville, NC 27858
Filename: OS-1098 vs. 2