20010474 Ver 1_COMPLETE FILE_20010402

MILLRIDGE
COMPANIES
June 20, 2001
Mr. Jot n Dome
NC Di _sion of ater Quality
1650 ail Servi Center
Raleigh , NC 2 699-1650
Ref: William ton Ridge Subdivision, Phase III
DWQ # 1-0474
Via: Certified Mail
Dear Mr. Dorney,
This m mo is in response to condition #2 as stipulated in the 401 Permit for the above referenced project.
It is ou intentio4 to address Wetland Preservation at the time of final plat recordation with the following
A portion of this lot has been determined to meet the requirement for designation as a regulatory
wetland.: Any subsequent fill or alteration of this wetland shall conform to the requirements of
the statewetland rules adopted by the State of North Carolina in force at the time of the proposed
alteration. The intent of this provision is to prevent unauthorized wetland fill, so the property
owner should not assume that a future application for fill would be approved. The property
owner s all report the name of the subdivision in any application pertaining to said wetland rules.
This co nant is intended to ensure continued compliance with wetland rules adopted by the State
of North Carolina and therefore benefits may be enforced by the State of North Carolina. This
covenan is to run with the land and shall be binding on all Parties and all persons claiming under
them.
This map will d4ineate the remaining wetlands. speci fi, all affected lots and provide total acreage of non-
impact wetlands to be preserved.
No co spondenbe from you within 30 days of DWQ's receipt of this letter shall indicate that the
expirati n period as set forth in Condition #2 of the aforementioned permit has been extended until such
map is ecorded.
Your cooperation regarding this matter is greatly appreciated.
cc:
909 S. Main St. 1 0 Wake Forest, NC 27587 • 919-556-5418 9 Fax: [phone] • na*[e-mail]
O?O? W A T ?R pG Michael F. Easley
\ Governor
r William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
Kerr T. Stevens
Division of Water Quality
Residential Investment Corp.
Charles Wagner
909 South Main St.
Wake Forest,, NC 27587
May 25, 2001
DW Q# 01-0474
Franklin County
APPROVAL of 401 Water Quality Certification and Neuse River Buffer Rules with Additional Conditions
Dear Mr. Wagner:
You have our approval, in accordance with the attached conditions, to place fill in 0.45 acres of wetlands
and 137 linear feet of streams in order to construct the Williamston Ridge Subdivision in Harris Township in
Franklin County, as described in your application received by the Division of Water Quality on April 2, 2001
(dated March 27, 2001). After reviewing your application, we have determined that this fill is covered by General
Water Quality Certification Numbers 3289 and 3287. These Certification allow you to use Nationwide Permit
Numbers 14 and 39 when they are issued by the U.S. Army Corps of Engineers. This approval is also valid for
the Neuse River Buffer Rules (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) 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 approval is only valid 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 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 and the additional
conditions listed below:
1. An additional condition is that stormwater shall be directed to diffuse flow at non-erosive velocities through
the protected stream buffers;
2. 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. 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://h26.enr.state.nc.us/ncwetlands.
3. If his road is a private road, then the Town of Youngsville must issue a variance from the water supply
protection rules.
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
conforming to Chapter 150B 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.
rth Carolina Division of Water Quality, 401 Wetlands Certification Unit,
50 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
21 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
n Ton .70C /_. ---. n.n 7" con. if-% ti..... ntin ....... ........ .... ... i.........e.....?..i
Page 2 of 2
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 John Dorney at 919-733-9646 or Steve Mitchell of our Raleigh
Regional Office at 571-4700.
Sincerely,
I
Z
Attachments
cc: Corps of Engineers Raleigh Field Office
Raleigh DWQ Regional Office
Central Files
File Copy
Todd Preuninger; Soil and Environmental Consultants
010757
John & Cyndi:
Some of these might have already gone through, but here are my comments:
P
F?.. • , ?- loiects with Comments:
010235 (DOT, Alexander Co.) -the project is in WS-II. DOT must follow their document "BMPs for
the Protection of Surface Waters"

000894 (DOT, Lincoln Co.) -the project is in WS-II. DOT must follow their document "BMPs for the
Protection of Surface Waters"
?????? (no number assigned, L. Russell Bennett of Carolina Foxglove LLC, Jackson Co.) - the
project is in WS-III. If this road is a private road, then it will need to go through the variance
process with Jackson Co. Planning Dept. If it is a public road, road crossings are allowed if no
practical alternative exists. Plus BUA must be minimized, stormwater diverted away from surface
waters, and DOT must follow their document "BMPs for the Protection of Surface Waters."
010471 (Jackie Speight, Moore Co.) - the project is within WS-11 HQW. The Foxfire Village
Planning Dept must review for variance process if it's a private rd.
010559 (Spangler Environmental, Wake Co.) - -•40% of the project is within the WS-III Lake
Benson balance of watershed. If this road is a private road, then it will need to go through the
variance process with the Gamer Planning Dept. If it is a public road, road crossings are allowed if
no practical alternative exists. Plus BUA must be minimized, stormwater diverted away from
surface waters, and DOT must follow their document "BMPs for the Protection of Surface Waters."
010462 (DOT, Madison Co.) - the project is within WS-II. DOT must minimize BUA, divert
stormwater away from surface waters, and follow their document "BMPs for the Protection of
Surface Waters."
010474 (S&EC, Inc., Franklin Co.) - the project is within WS-II. If this road is a private road, then it
will need to go through the variance process with the Youngsville Planning Dept. If it is a public
"r road, road crossings are allowed if no practical alternative exists. Plus BUA must be minimized,
stormwater diverted away from surface waters, and DOT must follow their document "BMPs for the
Protection of Surface Waters."

010502 (Allen Smith, Durham Co,) - the project is within WS-IV. If the project doesn't need a
sedimentation and erosion control plan, then state WSWP rules do not apply; however, the local
WSWP program may be more protective. Consult with Durham Planning Dept.
010518 (John Corey, Pitt Co.) - lack of sufficient site map; questionable if within WS-IV. If the
project doesn't need a sedimentation and erosion control plan, then state WSWP rules do not
apply; however, the local WSWP program may be more protective. Consult with Pitt Co. or
Greenville Planning Dept.
010496 (S&EC, Inc., Durham Co.) - the project is within Falls Lake WS-IV. If the project doesn't
need a sedimentation and erosion control plan, then state WSWP rules do not apply; however, the
local WSWP program may be more protective. Consult with Durham Planning Dept. If applies,
the the crossings are public projects, then it's allowed with min of BUA, divert stormwater, BMPs
used.
010498 (Bridgewater Co., Iredell Co.) - the project is within WS-IV-CA of Lake Norman. If the
project doesn't need a sedimentation and erosion control plan, then state WSWP rules do not
apply; however, the local WSWP program may be more protective. Consult with local Planning
Dept. Also, do Catawba Temp Rules apply?
010539 (DOT, Clay Co.) - the project is within WS-IV and a SEC plan is required. Therefore, a
public project crossing is allowed if no practical alternative exists. BUA must be minimized,
stormwater diverted, and DOT BMP document followed.
010547 (Griffin Contractors, Avery Co.) - no map, but the project is potentially within HQW and Tr
and maybe even WS-IV.
010659 (DOT, Jackson Co.) - the project is within WS-III, ORW, and Tr. Crossings allowed if no
practical alternative exists. BUA must be minimized, stormwater diverted, and DOT BMP
document followed.
010554 (DOT, Durham Co.) - the project is partially within WS-III and partially within WS-III-CA.
The CA must be avoided. If not, show avoidance and minimization. BUA must be minimized,
stormwater diverted, and DOT BMP document followed.
010552 (David Duncan, Buncombe Co.) - Gap Creek is C Tr. No WSWP comment, but the design
shows no structural benefit to the applicant and impacts to troutwaters.
Proiects Reviewed, No Comments, Not in WS:
010570 - Town of Winfall, Perquimans Co.
010501 - Winston Salem, Forsyth Co.
010503 - DOT, Yancey Co.
010506 - Mll Schottenstein Homes, Orange Co.
010540 - AG Industries, Rutherford CO.
010576 - Wetland and Natural Resource COnsultants, Catawba Co.
010551 - NRCS, Halifax CO.
Soil & Environmental Consultants, Inc.
11010 Raven Ridge Road • Raleigh, North Carolina 27614 • Phone: [phone] • Fax: [phone]
Web Page: www.SandEC.com
010474
This is a request for a 401 water quality certification to cover 0.45 acre of wetland
and stream channel impacts, which includes 137 linear feet of stream channel.
Therefore, a check for $200 is enclosed.
March 27, 2001
NCDENR-DWQ US Army Corps of Engineers
Attn: Mr. John Dorney Attn: Ms. Amanda Jones
2321 Crabtree Blvd. 6508 Falls of the Neuse Rd., Ste. 120
Crabtree Blvd. Raleigh, NC 27615
Raleigh, NC 27604
RE: Nationwide Permit 14 and 39/401 Water Quality Certification/Buffer Compliance Request
Williamston Ridge Subdivision
Harris Township, Franklin County, North Carolina
(Latitude/Longitude: 35°57'28" N 78°23' 12"W)
S&EC Project #: 00-5756
Dear Mr. Domey and Ms. Jones:
On behalf of Mr. Charles Wagner (property owner's rep.), we hereby request
authorization from the US Army Corps of Engineers (USACE) to use Nationwide Permit
14 (crossing "I") and Nationwide Permit 39 (crossing "2") for the subject project to
cover permanent impacts to wetlands and stream channels. We also request written
concurrence from the NC Division of Water Quality (NC-DWQ) that the project
complies with the 401 Water Quality Certification associated with Nationwide Permit 14
and the Neuse River Basin buffer rules. A Pre-construction Notification Application
(PCN) is attached, which includes an agent authorization form.
S&EC delineated the wetlands and jurisdictional waters present on the subject site in
October 2000 and Ms. Amanda Jones, of the USACE, signed the delineation (Action ID
200120508). Two road crossings are proposed in the Williamston Ridge subdivision.
Road crossing "1 ", shown on the attached impact map, will impact one jurisdictional
channel. In addition to channel impacts, beaver induced wetlands are located on either
side of the channel and will be impacted by the crossing. Road crossing "2" crosses a
small portion of a headwater forest.
-7:) `T7
r 1-1
Wetland Delineation/Permitting/Mitigation Soil/Site Evaluations On-Site Septic Systems Environmental Assessments/Audits
Neuse Basin and Watershed Buffer Evaluations Groundwater Hydrology Endangered Species
Western Branch Offices: [phone] • [phone] • [phone]
March 27, 2001
S&EC Project #: 00-5756
Page 2 of 3
This phase of the proposed project consists of a residential subdivision of 35 lots, and is
located approximately 3000 feet northwest of the intersection of Darius Pierce Road
(SRI 101) and Frazier Road (SR1712). It is bordered on the south by an unnamed
tributary to Little River. Please refer to the attached map (Figure 1) for the project's
location on a USGS topographic quadrangle. The current phase comprises approximately
50 acres (See attached map).
Crossing 1
Construction of a road to serve the proposed subdivision will impact a jurisdictional
channel and its associated wetlands. This road will impact 137 linear feet (85' pipe + 52'
rip-rap dissipater = 137') of an approximately 8-foot-wide (1096 sq. ft. or 0.025 ac.)
stream channel, which is also subject to the Neuse River Basin Buffer Rules (NRB).
Approximately 10,498 square feet (0.24 Ac.) of riparian buffer (Zone 1, 9688.3 sq.
ft./Zone 2, 809.8sq. ft.) will be impacted by the proposed road. Wetland and stream
channel impacts associated with this crossing total 16,811.7 sq. ft. (0.39Ac.).
Crossing 2
Crossing 2 will impact (0.06 Ac.) of headwater forest. No stream impacts are associated
with this crossing.
Combined wetland and stream channel impacts for the proposed crossings total 19,505
sq. ft. (0.45 Ac.).
The USACE's current policy requires applicants to avoid and minimize wetland and
stream channel impacts to the maximum extent practicable and mitigate for impacts to
oflket unavoidable losses of waters of the US when impacts exceed the requirements for
notification (0.10 acre). However, the only access into the property was to tie into an
existing road at the southern property boundary. Thus, the client was limited in his
placement of the road crossing (Crossing "1"). Although wetlands were impacted in
Crossing "1", this was the only means to access high ground and the adjacent lots on the
north side of the stream. The client has made numerous revisions to the site plan in order
minimize and reduce wetland impacts as much as possible and to satisfy buffer
requirements (i.e. perpendicular crossing).
Crossing "2" also impacts wetlands, however, a second access road will be needed in
order to access lots on the west side of the property and to provide a connection for future
development. In both cases, the road crossings were designed to cross the stream
channels/wetlands at a nearly perpendicular angle and the right-of-way width was
reduced as much as possible to minimize the impacts associated with the crossing. The
remaining wetlands on the property will remain undisturbed and fifty (50) foot vegetative
buffers around the stream channels subject to the Neuse River Basin riparian buffer will
also be preserved as open space within the proposed subdivision. We believe this should
be adequate to satisfy the USACE mitigation requirements.
March 27, 2001
S&EC Project #: 00-5756
Page 3 of 3
NC-DWQ's current policy does not require mitigation for wetland and stream channel
impacts below 1 acre and 150 linear feet, respectively. Because the proposed impacts
resulting from this project do not exceed the aforementioned thresholds, S&EC believes
that wetland or stream channel mitigation should not be required. However, if mitigation
is required, our client proposes payment into the NC Wetland Restoration Program.
Ir May 2000, Mr. attFlynn, f the NC-DWQ, visited the subject property to determine
which features are subject to the Neuse Buffer Rules (NBRRO Project # 00-286). The
tributary of Little River that will be impacted by the proposed road is subject to the Neuse
River Basin riparian buffer rules. This road was designed to cross the stream channel and
corresponding riparian buffer at a nearly perpendicular angle to minimize impacts. As
noted above, the road crossing impacts less than 150 linear feet of stream channel and
less than 1/3 acre of riparian buffer. Current NC-DWQ policy allows road crossing
without mitigation if the impacts are less than or equal to 150 linear feet of stream
channel or 1/3 of an acre of riparian buffer. Because the project impacts are within these
thresholds, S&EC believes that riparian buffer mitigation should not be required.
Sincerely,
Todd Preuninger
Biologist
Attachments:
Pre-construction (PCN) notification form
Site Location Map (Figure 1)
Proposed Wetland Impact Map (Figure 2)
Agent Authorization Form
DWQ ID:
Corps Action ID:
Nationwide Permit Requested (Provide Nationwide Permit ft 14/39
Pre-Construction Notification Application
For Nationwide Permits that Require:
1) Notification to the Corps of Engineers
2) Application for Section 401 Certification
3) Coordination with the NC Division of Coastal Management
Send the original and (1) copy of this completed form to the appropriate field office of
the Corps of Engineers (see agency addresses sheet). Seven (7) copies should be sent to
the NC Division of Environmental Management (see agency addresses sheet). PLEASE
PRINT.
1. Owner's Name: Presidential Investment Corporation Contact: Charles Wagner
2. Mailing Address: 909 South Main Street
Subdivision Name: NA
City: Wake Forest State: NC Zip Code: 27587
Project location address, including subdivision name (if different from mailing address
above): The proposed road crossing will provide access to the Williamston Ridge
Subdivision. This site is located approximately 4000 feet northwest of the intersection of
SR1712 and SR1101 and is bounded on the south by the pre-existing portions of
Williamston Ridge Subdivision. Figure 1 shows the site location on the appropriate
USGS Quad Map. (UTM Coordinates: Latitude/ Longitude: 35°5728" N 78°23'12"W)
3) Telephone Number (Home): NA (Work): 919-556-5418
4) If applicable, agent's name or responsible corporate official, address, phone
number:
Soil & Environmental Consultants, Inc Phone: [phone]
11010 Raven Ridge Road Fax: [phone]
Raleigh, NC 27614
5. Location of work (provide a map, preferable a copy of USGS topographic map or
aerial photograph with scale):
County: Franklin Nearest town or city: Youngsville
Specific Location (include road numbers, landmarks, etc.):
See Question 2 above.
6. Impacted or nearest stream/ river: Unnamed tributary to Little River
River Basin: Neuse
7a. Is project located near water classified as trout, tidal saltwater (SA), high quality
waters (HQW), outstanding resource waters (ORW), water supply (WS-I or WS-
11)? YES 0 NO ? If yes, explain: Little River is classified as WS-II and
appropriate erosion controls will be utilized.
7b. If the project is located within a North Carolina division of coastal management
area of environmental concern (AEC)? YES ? NO 0
7c. If the project is located within a coastal county (see page 7 for list of coastal
counties), what is the land use plan (LUP) designation? NA
8a. Have any Section 404 permits been previously requested for use on this property?
YES ? NO 0 If yes, provide Action ID number of pervious permit and any
additional information (including photocopy of 401 certification).
8b. Are additional permit requests expected for this property in the future?
YES ? NO 1R If yes, describe anticipated work: NA
9a. Estimated total number of acres in tract of land: 50 acres
9b. Estimated total number of acres of wetlands located on project site: 7-9 acres
10a. Number of acres of wetlands impacted by the proposed project by:
Filling: 0.45Ac. Excavation:
Flooding: Other:
Drainage:
Total acres to be impacted: 0.45 Ac.
(including,, stream channel)
10b. (1) Stream channel to be impacted by the proposed project (if relocated,
provide distance both before and after relocation):
Length before: 1.37 linear feet After: NA
Width Before (based on normal high water contours): 8'
Width After:
NA
Average depth before: 1-5' After: NA
(2) Stream channel impacts will result from: (check all that apply)
Open channel relocation: ? Placement of pipe in channel: El -85 ft
Channel Excavation: ? Construction of a Dam/Flooding: ?
Other: - 52 ft. rip-rap
11. If construction of a pond is proposed, what is the size of the watershed draining to
the pond? NA
What is the expected pond surface area? NA
12. Description of proposed work including discussion of type of mechanical
equipment to be used (attach plans 81/2" x 11" drawings only):
This project entails the construction of a residential subdivision using
conventional heavy equipment.
13. Purpose of proposed work: The purpose of this project is to construct
two road crossings to allow road access to the subdivision from the existing
Williamston Ridge Drive.
14. State reasons why it is believed that this activity must be carried out in wetlands
(include any measures taken to minimize wetland impacts): The applicant
requested a detailed delineation of wetlands prior to site plan development in
order to avoid jurisdictional wetlands and waters to the maximum extent
practicable However, a wetland and an unnamed tributary to Little River
separate the majority of the property from an existing section of Williamston
Ridge Drive, making it necessary to impact this area with a road crossing to
provide access to the property (see attached impact map). The crossin ; will be
perpendicular to the stream and wetland in order to minimize impact.
15. You are required to contact the U.S. Fish and Wildlife Service (USFWS) and/or
National Marine Fisheries Service (NMFS) (see agency addresses sheet) regarding
the presence of any federally listed or proposed for listing endangered or
threatened species or critical habitat in the permit area that may be affected by the
proposed project. Date contacted: (attach responses from these agencies).
Performed by USACE
16. You are required to contact the state historic preservation officer (SHPO) (see
agency address sheet) regarding the presence of historic properties in the permit
area which may be affected by the proposed project. Date contacted:
Performed by USACE
17. Does the project involve an expenditure of public funds or the use of public (state)
land?
YES ? NO 0 If no, go to 18.
a. If yes, does the project require preparation of an environmental document
pursuant to the requirements of the North Carolina Environmental Policy
Act?
YES ? NO ?
b. If yes, has the document been reviewed through the North Carolina
Department of Administration State Clearinghouse?
YES ? NO ?
If answer to 17b is YES, then submit appropriate documentation from the state
clearinghouse to division of environmental management regarding compliance
with the North Carolina Environmental Policy Act.
Questions regarding the State Clearinghouse review process should be directed to
Ms. Chrys Baggett, Director State Clearinghouse, North Carolina Department of
Administration, 116 West Jones Street, Raleigh, North Carolina 27603-8003,
telephone [phone].
18. The following items should be included with this application if proposed activity
involves the discharge of excavated or fill material into wetlands:
a. Wetland delineation map showing all wetlands, streams, lakes and ponds on
the property (for Nationwide Permit numbers 14, 18, 21, 29, 38 and 39). All
streams (intermittent and permanent) on the property must be shown on the
map. Map scales should be 1 inch equals 50 feet or 1 inch equals 100 feet or
their equivalent.
b. If available, representative photograph of wetlands to be impacted by project.
C. If delineation was performed by a consultant, include all data sheets relevant
to the placement of the delineation line.
d. Attach a copy of the stormwater management plan, if required.
e. What is land use of surrounding property? Residential
f. If applicable, what is proposed method of sewage disposal?
individual septic systems
g. Signed and dated agent authorization letter, if applicable.
NOTE: Wetlands or Waters of the U.S. may not be impacted prior to:
1. Issuance of a Section 404 Corps of Engineers Permit,
2. Either the issuance or waiver of a 401 Division of Environmental
Management (Water Quality) certification, and
3. (in the twenty coastal counties only) A letter from the North Carolina
Division of Coastal Management stating the proposed activity is consistent
with the North Carolina Coastal Management program.
?i
PALC?
Owner's/Agent' s Signature ate
[Agent's signature valid only if Agent Authorization Letter from the owner is provided (18 g.0)]
Project #: Scale:
00-5756 1" = 2000'
Project Date:
Mgr.: KM 1 9128/00
Figure 2 -- Soil Survey
Wiliiamston Ridge Subdivision
Bass, Nixon, and Kennedy
Franklin County, NC
Soil & Environmental Consultants, Inc.
11010 Raven Ridge Rd.• Raleigh, NC 27614
[phone] • [phone]
Web Page: www.SandEC.Com

AGENT AUTHORIZATION FORM
All Blanks To Be Filled In By The Current Landowner
Address: '26
I ?!1 dd lam/ Or' 4
Phone:
Project Name/ Description: if 1?D?cO /L?lV
Date:
The Department of the Army
U.S. Ariny Corps of Engineers, Wilmington District
P.O. Box
Wilmington, NC 28402
Attn: Amanda cones
Field Office: ?iZaleigh _
Re: Wetlands Related Consulting and Permitting
To Whom It May Concern:
1, the current pro owner, hereby designate and authorize Soil & Environmental Consultants, Inc. to
act in my behalf as my agent in the processing of permit applications, to furnish upon request
supplen*ntal information in support of applications, etc. from this day forward. The - - day of
- A&A a T boa
This notification supersedes any previous correspondence concerning the agent for this project.
NOTICE: This authorization, for liability and professional courtesy reasons, is valid only for
government officials to enter the property when accompanied by S&EC staff. You should call S&EC
to arrange a site meeting prior to visiting the site. „"', g
Print Property Owner's e
cc: Mr. John Dorney
NMENR -- DWQ, Water Quality Planning
4401 Reedy Creek Road
Raleigh, NC 27607

Property Owner's $ignu
cc: Mr. Kevin Martin
Soil & Environmental Consultants, Inc.
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