20050172 Ver 4_Approval Letter_20080205

~~F W A T~9P Michael F. Easley, Governor
~(~ ~i William G. Ross Jr., Secretary
'~'..- North Carolina Department of Environment and Natural Resources
~ ~
p ~ Coleen H. Sullins, Director
Division of Water Quality
February 5, 2008
DWQ Project # OS-0172, Ver. 4
Orange County
Mr. Mark Oneal
Land Ventures, LLC
P.O. Box 52118
Durham, NC 27717
Subject Property: Tree Farm Subdivision -Phase III
Ut to Crabtree Creek [030401, 27-2-6-1, WSII, HQW, 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. Oneal:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 145 linear feet of stream (122 linear feet intermittent stream impact and 23
linear feet perennial stream impact), and 6,875 square feet of Zone 1 Neuse River basin protected riparian
buffers, and 3,995 square feet of Zone 2-Neuse River basin protected riparian buffers, as described in your
application dated January 28, 2008, and received by the Division of Water Quality (DWQ) on January 28,
2008, to construct the residential development at the site. After reviewing your application, we have
decided that the impacts are covered by General Water Quality Certification Number(s) 3705 (GC3705).
The Certification(s) allows you to use Nationwide Permit(s) NW29 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 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 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:
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] /Internet: ~~//h2o.enr.state.nc.us/ncwetlands
N~f 1e Carolina
~tura!!y
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Land Ventures, LLC
Page 2 of 5
February 5, 2008
T e of Im act Amount A roved Units Plan Location or Reference
Stream 145 (linear feet A lication
Buffer -Zone 1 6,875 (s uare ft. A lication
Buffer -Zone 2 3,995 (s ware ft.) A lication
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 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. Deed Notifications
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 at the time of recording of the property, or of
individual lots, whichever is appropriate. 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.
6. 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 2B .0233 and GC3705;

Land Ventures, LLC
Page 3 of 5
February 5, 2008
7. 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 or /g_doh/o~erations/BMP manuaUdownloadBMP Manual.~df)
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. Therefore, you must provide plans with adequate details that indicate that the current
stability of the stream will be maintained or enhanced. You must receive written approval from this
Office for the above plans before the culvert(s) is installed. Culvert(s) must be installed according
to approved plans.
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 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.

Land Ventures, LLC
Page 4 of 5
February 5, 2008
Miti ag tion:
8. Compensatory Mitigation Using the Ecosystem Enhancement Program (EEP)
Mitigation must be provided for the proposed impacts as specified in the table below. Per
correspondence from you dated January 28, 2008, we understand that you will be purchasing
stream mitigation from an adjacent Cataloging Unit (CU) for proposed stream impacts and wish
to make a payment to the Wetlands Restoration Fund administered by the NC Ecosystem
Enhancement Program (EEP) to meet this mitigation requirement. Since you are in an adjacent
CU and in the same ecoregion, your mitigation requirement ratio will be 1.5:1. This has been
determined by the DWQ to be a suitable method to meet the mitigation requirement and
additional mitigation commitment. 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 [phone] 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:
T e of Wetland Com ensato Miti ation Re aired River and Sub-basin Number
Stream 218 (linear feet) Neuse/03020203
9. 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.
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.

Land Ventures, LLC
Page 5 of 5
February 5, 2008
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.
Since ly,
Coleen H. Sullins
CHS/ijm
Enclosures: GC3705
NCDWQ 401 WQC Summary of Permanent Impacts and Mitigation Requirements
Guidance On The Use Of Compensatory Mitigation In Adjacent Cataloging Units
Certificate of Completion
cc: USACE Raleigh Regulatory Field Office
Lauren Witherspoon, DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Central Files
Ren Ivins, Orange County Soil and Erosion Control, P.O. Box 8181, Hillsborough, NC 27278
Nikki Thomson, S&EC, P.A., 11010 Raven Ridge Road, Raleigh, NC 27614
Filename: 050172 Ver4TreeFarmSD(Orange)401 _NB R

Certification of Completion
DWQ Project No.: County:
Applicant:
Project Name:
Date of Issuance of Certification or Authorization:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any
subsequent modifications, the applicant is required to return this certificate to the 401 Oversight/Express Permitting Unit,
North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be
returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer.. It is not necessary to send
certificates from all of these.
Applicant's Certification
I, ,hereby state that, to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications,
and other supporting materials.
Signature: Date:
Agent's Certification
I, ,hereby state that, to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction was observed to be built within .substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications,:
and other supporting materials.
Signature:
Date:
If this project was designed by a Certified Professional
I, as a duly registered Professional (i.e., Engineer,
Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically,
weekly, full time) the construction of the project, for the Permttee hereby state that, to the best of my abilities, .due care
and diligence was used in the observation of the construction such that the construction was observed to be built within
substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature: Registration No. Date

O~O~ W A T ~RpG
r
~ ~ ~. --i
O j~ "C
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
North Carolina Division of Water Quality
401 Water Quality Certification
Summary of Permitted Impacts and Mitigation Requirements
In accordance with 15A NCAC 2H.0500, Mr. Mark Oneal and Land Ventures, LLC, have permission to fill or
otherwise impact 145 linear feet of stream and 6,875. square feet of Zone 1 Neuse River basin protected riparian
buffer, and 3,995 square feet of Zone 2 Neuse River basin protected riparian buffer, to construct the proposed
residential development at the site, which is located off Orange Grove Road, near Hillsborough, Orange County,
North Carolina. All activities associated with these authorized impacts must be conducted with the conditions
listed in the attached Permit transmittal letter. THIS CERTIFICATION IS NOT VALID WITHOUT THE
ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENTS, ECOSYSTEM ENHANCEMENT PROGRAM
DWQ PROJECT #: 20050172, Ver. 4
LOCATION: Hillsborough
COUNTY Orange
BASIN/ SUB BASIN Neuse/03020201, credits purchased from adjacent CU Neuse/03020203
As required by 15A NCAC 2H.0500, and the conditions of this Certification, you are required to compensate for
the above mitigable impacts through the restoration, creation, enhancement or preservation of wetlands, surface
waters and riparian buffers as outlined below prior to conducting any activities that impact or degrade the waters of
the state.
Note: Acreage requirements proposed to be mitigated through the Ecosystem Enhancement Program must be
rounded to one-quarter acre increments and linear foot requirements must be rounded up to the nearest
foot according to 15 2R.0503(b).
Im acts Miti ation
145 linear feet of stream 218 linear feet of stream (1.5:1 miti ation ratio)
One of the options you have available to satisfy the compensatory mitigation requirement 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 the form along with a copy of your 401 Certification or Buffer Approval to the Ecosystem Enhancement
Program at the address 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 ECOSYTEM ENHANCMENT
PROGRAM.
Signature
Date
ECOSYSTEM ENHANCEMENT PROGRAM
1652 Mail Service Center
RALEIGH, N.C. 27699-1652
[phone]
Filename: 050172Ver4TreeFarmSD(Orange~01 _NBR_EEP
None Carolina
401 Oversight/Express Review Permitting Unit ~tllCQ~~I,/
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone [phone] / Fax [phone]
Internet: http://www.ncwaterquality.org
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/] 0% Post Consumer Paper

GUIDANCE ON THE USE OF
COMPENSATORY MITIGATION IN ADJACENT CATALOGING UNITS
CONCURRENCE FORM
DEVELOPED BY THE PROGRAM ASSESSMENT AND CONSISTENCY GROUP (PACG)
Agencies that are members of the PACG agree that with a large amount of mitigation to
be implemented in a short amount of time coupled with unsuccessful historic site
searches in certain parts of the state, the need for consideration to include adjacent 8-digit
cataloging units for mitigation is apparent. Consideration for such action will occur in an
"emergency" situation. An "emergency" situation is defined as one in which compliance
with the tri-party MOA is in jeopardy, and the following conditions exist*. A written
justification will be submitted to the PACG for approval. The PACG will consult with
the PACG-TC regarding adjacent CU proposals.
• Historic site searches have not been successful (includes EEP and DOT searches)
• Response in the Full-Delivery program is repeatedly unsuccessful
• A Local Watershed plan (if any) in cataloging unit of interest is not to the project
ID stage, or will not produce needed amount of mitigation
• Credits from private mitigation banks are not available for purchase.
Ratio Adjustment (Ratios below do not reflect ratios imposed on permittee)
For the purposes of this guidance ecoregions are defined by the map shown in Figure 1
that was developed based on "Griffith, et. al. 2002. Ecoregions of North and South
Carolina. Reston, VA. United States Geological Survey".
WPtlanrlc***
Situation Restoration Enhancement Creation Preservation
In same CU 1:1 2:1 3:1 5:1
Adjacent CU**;
same ecoregion 1.5:1 3:1 4:1 7:1
Adjacent CU;
different 2:1 4:1 5:1 10:1
ecoregion; same
physiographic
region (Level
III ecore ion)

Streams
Situation Restoration Enhancement I Enhancement II Preservation
In same CU 1:1 1.5:1 2.5:1 5:1
Adjacent CU;
same ecore ion 1.5:1 2:1 3:1 6:1
Adjacent CU;
different 2:1 3:1 5:1 10:1
ecoregion; same
Physiographic
region (Level III
ecoregion)
T A11 other requirements of the applicable MUU or MOA remain in effect
** Any Adjacent CU used must be in same River Basin
*** Compensatory mitigation in adjacent cataloging units does not apply to
Coastal Wetlands as defined in CAMA.
Figure 1: Mitigation Ecoregions for Use in the Application of the Adjacent CU
Guidance
Mitigation Ecoregions
k ~ ~~
111

M,.

k
A x'41 _ ,:~:, r
C'
,~,~ .
~,
Legend ,~~'
CatabgMg Unfta - Nodhem Outer PoedmoM -Broad Beslne N
Q RNer Basina ~ Sand Hills ®New RNer Plateau wF
MlHpation Ecoreplona - Tdaselc Basina -Mountains
s
Bartley Islands
-Caroline Slate Ball
Outer Coastal PIaIn - Soulhem Outer Piedmont
Inner Conatal Plaln -Inner Piedmont e..omm~e wi. zooz. Eeonvim.a

_ Foothilb NaM GfUYI~ ~M 9wN Gmine.
aam~. v~,, u.s. o.owptr sv..r. tOg
Miles
The PACG concurred on the above guidance for use by the EEP on May 20, 2005
USACE NCDWQ
USEPA NCWRC
USFWS NOAH
NCDCM NCDMF
2