20050172 Ver 4_401 Application_20080128

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Soil & Environmental Consultants, PA
11010 Raven Ridge Road Raleigh, North Carolina 27614 Phone: [phone] Fax: [phone]
www.SandEC.com
January 28, 2008
~ 5 ~ ~ ~ , a. V ~ S&EC Project # 9243.W2
To: US Army Corps of Engineers NC Division of Water Quality
Raleigh Regulatory Field Office 401 Oversight and Express Permits UniJ,_
Attn: Andrew Williams Attn: Ian McMillan ~~
3331 Heritage Trade Drive, Suite 105 2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27587 Raleigh, NC 27604
From: Nicole Thomson D
Soil & Environmental Consultants, P.A.
11010 Raven Ridge Road ~ ~ AN ~ ~ Z~o$
Raleigh, NC 27614
OEN~ - YVA7E~'t~A EFt f3~'1~,4i
Re: Tree Farm Subdivision -Phase III - RESUBMITTAL ~tA~,p;,~r~ ~~~
Orange County, NC
On behalf of the owner, Land Ventures I, LLC. ,please find attached a complete application and
supplemental information requesting written concurrence from the U.S. Army Corps of Engineers
(USAGE) and the N.C. Division of Water Quality (DWQ) that the activities proposed below may proceed
under Nationwide Permit 29 as well as General Water Quality Certifications 3705. This is a re-submittal of
the original application provided to the USAGE and the DWQ on October 11, 2007 and December 17,
2007.
The initial application submittal for the above project was made on October 11, 2007. However, at that
time the Ecosystem Enhancement Program (EEP) was unable to accept the requested 145 linear feet of
stream mitigation. As of January 22, 2008, the EEP has accepted the proposed in-lieu fee payment for the
145 linear feet of permanent stream impacts in the adjacent hydrologic cataloging unit (see attached EEP
revised acceptance letter). Per a previous conversation on January 22, 2008 with Mr. Ian McMillan, the
originally proposed 1:1 mitigation ratio for 122 linear feet of permanent intermittent stream impacts is
acceptable. Additionally, Mr. McMillan only required the re-submittal of the revised pages 6 and 7 of
the Preconstruction Notification (PCN) form, the revised EEP acceptance letter and a new check for
the 401 Water Quality Processing fee.
Per a previous field visit between Mr. Andrew Williams of the USAGE and Mr. Kevin Martin of S&EC
and a previous phone conversation on October 8, 2007, a 1:1 mitigation ratio for the 23 linear feet of
permanent perennial stream impact is required.
Please contact me at [phone] if you have any questions or require additional information.
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]

PR (1_TRfT CTTMMARV
Pro'ect Name Tree Farm Subdivision -Phase III
Pro'ect T e Residential Develo ment
Owner / A licant Land Ventures I, LLC.
Count Oran e
Nearest Town Hillsborou h
Watelbod Name Crabtree Creek
Basin /Sub-basin Neuse River Basin; 03-04-01
Index Number 27-2-6-1
Class WS-II; HW ;NSW
USGS Catalo in Unit 03020201
IMPACT SUMMARY
Stream Impact (acres): 0.034
Wetland Impact (acres): 0
Open Water Impact (acres): 0
Total Impact to Waters of the U.S. (acres) 0.034
Total Stream Impact (linear feet): 145
*of the 145 LF of impact, 122 LF is to intermittent/unimportaat channel and 23 LF is to perenniaUimportant channel
Attachments:
Revised pages 6 & 7 of the Pre-construction Notification (PCN) Application Form
Revised EEP acceptance letter
Orange County Buffer Approval letter
Check for 401 Processing Fee (DWQ only)

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determine the extent and location of streams and buffers in the vicinity of the proposed road
crossing. The site plan has limited permanent impacts to one road crossing and one driveway
crossing. Streams are not crossed multiple times byroads. The proposed road crossing is
necessary in order to access a useable portion of the uplands for development. It should also be
noted that an existing farm road crossin ig s being utilized for the proposed driveway crossing
(i e further minimization of impacts)• it is being widened in order to make the existing crossing
safer and to allow for adequate driveway access to the proposed lot per Orange County
Subdivision Ordinances. Also there were several freshwater sprin s located on the subiect
property that were completely avoided with the proposed roadway infrastructure design, thereby
demonstrating further avoidance. And finally there are no proposed wetland impacts with the
subi ect project
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USAGE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USAGE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/strmgide.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
The protect proposes permanent impacts to 145 linear feet of stream (122 LF of
intermittent/unimp_ortant channel and 23 LF of perennial/important channel). Since this
Page 6 of 9

portion of Crabtree Creek is classified WSII, HQW and NSW, mitigation is required by
DWQ even for impacts to intermittent streams. Therefore, if required by the USACE, the
client proposes payment to the NC-EEP at a ratio of 1:1 to meet the stream miti ag tion
requirement for 23 linear feet of permanent impact to a perennial/important channel for the
the drivewa
USACE went, the USACE concurs with the proposed mitigation ratio. Additionally, if
required by the NC DWQ, the client proposes payment to the NC -EEP at a ratio of 1:1 to
meet the stream mitigation requirement for 122 linear feet of permanent impact to an
intermittent/unimportant stream channel per General Certification 3705. Please see the
attached revised EEP acceptance letter.
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet):145 LF (122 LF of
intermittent/unimportant stream channel; 23 LF of perennial/important stream channel)
Amount of buffer mitigation requested (square feet): 0
Amount of Riparian wetland mitigation requested (acres): 0
Amount ofNon-riparian wetland mitigation requested (acres): 0
Amount of Coastal wetland mitigation requested (acres): 0
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ^ No
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ^ No ^
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ^ No ^
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
Page 7 of 9

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PROGRAM,
January 24, 2008
Mark O-Neal
Land Ventures I, LLC
PO Box 52118
Durham, NC 27717
Project: Tree Farm, Phase III (revised)
Expiration of Acceptance: July 24, 2008
County: ORANGE
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP) is willing to
accept payment for impacts associated with the above referenced project. Please note that this decision does not assure that
the payment will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the
applicant to contact these agencies to determine if payment to the NCEEP will be approved.
This acceptance is valid for six months from the date of this letter and is not transferable. If we have not received a copy of
the issued 404 Pernut/401 Certification/CAMA permit within this time frame, this acceptance will expire. It is the
applicant's responsibility to send copies of the permits to NCEEP. Once NCEEP receives a copy of the permit(s) an invoice
will be issued based on the required mitigation in that permit and payment must be made prior to conducting the authorized
work. The amount of the In Lieu Fee to be paid to NCEEP by an applicant is calculated based upon the Fee Schedule and
policies listed at www.nceep.net.
Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the
following table.
NEUSE
03020203 Stream (feet) Wetlands (acres) Buffer I
(Sq. Ft.} Buffer II
(Sq. Ft.)
Cold Cool Warm Ri arian Non-Ri arian Coastal Marsh
Impacts 0 0 145 0 0 0 0 0
Credits 0 0 290 0 0 0 0 0
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation. If the regulatory agencies
require mitigation credits greater than indicated above, and the applicant wants NCEEP to be responsible for the additional
mitigation, the applicant will need to submit a mitigation request to NCEEP for approval prior to permit issuance. The
mitigation will be performed in accordance with the Memorandum of Understanding between the N. C. Department of
Envi--onment and Natural Resources and the U. S. Army Corps of Engineers dated November 4, L998.
If you have any questions or need additional information, please contact Kelly Williams at [phone].
Sincerely,
0
William D. Gilmore, PE
Director
cc: Cyndi Karo[y, NCDWQ Wetlands/401 Unit
Andrew Williams, USACE-Raleigh
Nicole Thomson, agent
File
1~.P~tDYl.Gr;~... ~ ~ ... PYOtP.Gt-t:K~ OLLY State,

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NCDETdR
North Garolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net

Erosion Control Division
[phone] .
[phone] (Fax)
www.co.orange.nc.us
January 9, 2008
Ms. Nicole Thomson
Soil & Environmental Consultants, P.A.
11010 Raven Ridge Road
Raleigh, NC 27614
306E Revere Road
P O Box 8181
Hillsborough,
North Carolina, 27278
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JAN l 0 200x.
6y: Soli ~ Ene~anmenh;l Consnltanls, PA
Re: Tree Farm Subdivision - Starterwood Lane
PIN, 9853-20-3133 Orange County, NC
Buffer Impacts an Unnamed Tributaries of Crab Tree Creek
Neuse Buffer Rules AUTHORIZATION CERTIFICATE
Dear Ms. Thomson:
Upon review of the proposed impacts to the protected riparian buffers on the referenced
site, Orange County has determined that the requirements fora "No Practical
Alternative" have been met. Thus, the County as local delegated authority grants this
Authorization Certificate approving the allowable uses described in your plan.
Specifically, you have been granted approval, in accordance with the conditions listed
below, to impact portions of the protected riparian buffer for the purpose of constructing
Starterwood Lane, a new road, and a driveway associated with the Tree Farm
subdivision.
According to your submittal, the road crossing will impact 5,765 square feet of Zone 1
and 3,262 square feet of Zone 2 of an unnamed tributary to Crab Tree Creek. The
driveway crossing will impact 1,110 square feet of Zone 1 and 736 square feet of Zone
2 of an unnamed tributary to Crab Tree Creek. These impacts are allowable and do not
require mitigation.
This approval is only valid for the purpose and design described in.your submittal dated
December 17, 2007, and in the erosion control plan submitted and approved by this
Office. Any change to the project requires notification to our Office and may require
submittal of a new application. If ownership of the property is transferred to another
person(s) or entity, the .new owner(s) will be responsible for complying with all
S:\ErosionControl\Erosion Control Div\Neuse Buffer\Authorization Certif"icates\2008\Tree Farm - Starterwood Lane.doc
ORANGE COUNTY PLANNING & INSPECTIONS DEPARTMENT
Craig N. Benedict, AICP, Director

Ms. Thomson
Page 2
conditions of approval. You are required to supply a copy of this Authorization
Certificate and approval letter to the new owner as well. For this approval to be valid,
you must follow the conditions listed below as well as any other conditions identified
within 15A NCAC 26 .0233.
Conditions:
1. Diffuse flow of all stormwater at non-erosive velocities shall be obtained prior to
entering the~protected stream buffers as identified within 15A NCAC 2B .0233.
2. Supply our Office with copies of all permits granted by the NC Division of Water
Quality and the US Army Corps of Engineers.
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, which conforms to Chapter 1506 of
the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box
27447, Raleigh, N.C. 27611-7447. This certification and its conditions are final and
binding unless you ask for a hearing.
This letter completes Orange County's review of the "No Practical Alte-'nafives"
determination under 15A NCAC 2B .0233, and "Qetermination of Mitigation" under
15A NCAC 026.0242. If you have any questions or would like a copy of the Neuse
Buffer Rules or Orange County's Stormwater Ordinance, please feel free to contact me
at [phone].
Sincerely,
.Terry L. Hackett
Water Resource Officer /Erosion Control Officer II
cc: file
S:\ErosionControl\Erosion Control Div\Neuse Buffer\Authorization Certificates\2008\Tree Farm - Slarterwood Lane.doc