20061379 Ver 1_More Info Received_20070709

SLAM TODD d'AMBROSI
URBAN PLANNING /LANDSCAPE ARCHITECTURE
LETTER OF TRANSMITTAL
TO:
FROM:
RE
4010versight/Express PAGES:
Review Permitting Unit
C/O Cyndi Karoly
1650 Mail Service Center DATE:
Raleigh, NC 27699-1650
Sam Nye ETd PROJECT
Elam, Todd, d'Ambrosi NAME
2880 Slater Road, Ste 200 ETd PROJECT
Morrisville, NC 27560 NUMBER:
DWQ Project #06-1379 CC:
Revision

TRANSMITTED VIA:
OVERNIGHT ~X MAIL
TRANSMITTED FOR YOUR:
X^ APPROVAL ~ INFORMATION
AttachmPntc~
DELIVERY
USE
7-6-07
Franklin Grove
2502011
PICK UP
REVIEW
Number of
originals Number of
sets/copies
1 Item Description

Memo regarding revision Date of
Document
7-6-07
1 Approval Letter from DWQ dating January 2, 1-2-07

2 2007
Revised Construction Drawings
6-15-07

COMMENTS/NOTES
Please see memo.
-~
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t; {, ~~, ....

2880SLATER ROAD, 3TE 200 • MORRISVILLE, NORTH CAROLINA 27560 USA
(OFFICE) 1.91 9 .4 8 1. 2 0 21 (FAX) 1.91 9 .4 81 .2 7 7 3
(INTERNET) www.etdpa.com (EMAIL) [e-mail]

ELAM TODD d'AMBROSI
URBAN PLANNING /LANDSCAPE ARCHITECTURE
CIVIL ENGINEERING /LAND USE CONSULTING
July 6, 2007
Memorandum
To: Ms. Cyndi Karoly, 401 OversightBxpress Review Permitting Unit
From: Sam Nye
Subject: Proposed Revision to Permit (DWQ Project # 06-1379 Franklin Co)
Franklin Grove - Ut to Horse Creek [030401, 27-17-(0.7), WSN,NSW]
Dear Ms. Cyndi Karoly,
The purpose of this letter is to make your office aware of an interior revision and to up SC- ~~ "' flT ~
the latest plan set. This is being done per the approval letter from your office dated JaI .
I understand the permit remains valid and we can rely on it. We are only required to sI ~~y ap p ~
plans; this is due to the fact that the impacts have not changed in size or location.
After approval of the proposed impacts our client decided to revise the product at Fran:
product revision changed the homes from the previously approved rear loaded drivewa
driveway homes. This eliminated the need for the rear private alleys. Some of the roau~ ~,au ~u oe
tweaked slightly to allow front loaded homes to work on the lots. The overall revision decreased the
impervious onsite from 31% to 25%. This revision also decreased our denuded area. All ponds, filter
strips, and level spreaders were left as they were to avoid conflicts with our current permit. All impacts
to the wetlands, streams, and buffers remained exactly the same. The revisions were on the upland
portions of the project.
These revisions decreased the amount of runoff for the site, this leaves the ponds slightly oversized for
their corresponding drainage areas. We are proposing to leave the ponds oversized as they were shown
on the original approval.
If there are any questions please contact Sam Nye at 919.616.5102. Thank you for your help.
Sincerely,
~~
i
Sam Nye, EI
Elam, Todd, d'Ambrosi
Cc: Mr. Dick Paton
Mr. Kevin Martin
File
2880 SLATER ROAD SUITE 200 MORRISVILLE, NORTH CAROLINA 27560 USA
(OFFICE) 1 .91 9.4 81.2 0 21 (FAX) 1 .91 9.4 81 .2 7 7 3
(EMAIL) etdQbellsouth.net

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Mr. Dick Paton
Eagle Parke, LLC '
812 Moorefiled Park Drive, Suite 304
Richmond, VA 23236
Subject Property: Franklin Grove
l1'T to Horse Creek [030401, 27-]'1-(0.7), WSIV, NSW]
Alan W, Klimek, P,E, Dienctor
Division of Water Quality
DWQ Project # 06-1379
Franklin County
Approval of 401 Water Quality Certal:wcation and Authorixattion Certificate per the Neuse River
Suffer Protection 12ules (15A NCAC zS ,0133) with Addi~tior~al Conditions
Dear Mr. Paton:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 0.365 acres of wetland (0.126 acres permanent impact, 0.239 acres temporary
impact), 91 linear feet of scream (71 linear feet temporary.I~erennial stream impacts, and 20 linear feet
temporary intermittent stream impacts), and 8,155 square $~et (fl) ofprotected Zone 1 Neuse River basin
riparian buffer and 5,058 square feet (ftZ) of protected Zone: 2 Neuse River basin riparian buffer as
described in your application dated August 26, 2006, and rt;ceived by the Division of Water Quality
(DWQ) on August 25, 2006 (with additional information rE:ceived from• you on December 4, 2006, and
December 27, 2006), for the purpose of constructing the multiuse project at the site. After reviewing your
application, we have decided that the impacts aze covered):iy General Water Quality Certification
Number(s) 3374 and 3402 (GC3374, GC3404 and GC3402). The Certification(s) allows you to use '
Nationwide Permit(s) NW 12, NW 14 and NW 18, respectivE;ly, when issued by the US Army Corps of
Engineers (USAGE)- This letter shall also act as your approved Authorization Certificate for impacts to
the protected riparian buffers per 15A NCAC 2$ .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 a3 depicted in
your application shalt expire upon expiration of the 404 or CA1V1rA Permit.
Tltis approva( 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 semi us a new application. If the property is sold,
the new owner must be given a copy of this Certification ar~d 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 150 linear feet of stream, compensatory mitigation may be required as described in 15A
NCAC 2H .0506 (h). 'T'his approval requires you to follow the conditions Listed in the attached
certifcation and• any additional conditionts listed below.
„pnehC3r0~~;na
401 pversighdExpress Review Permitting Unit ~i7~llCllfllf
1650 Mail Service Center, Raloigh, North Carolina 27699-1650
2321 Crabtrae Boulevard, Suite 250, Ratcigh, North Carotins 27604
Phone: 919-?33-1786 /FAX 919-733~i893 / interne[: hno~JJh2o.cnrstnte.nc.us/nCwzflni~ds
MicAacl F. Easloy, Governor
William G. Ross Jr., Secretary
TJorth Carolina Department of Fnviro~ment and Natural Resources
January 2, 2G07
An Equal Opportuniry/Affirmative Action Employer - 50% t2ecycled/l0% Post Consumer Paper

Eagle Parke, LLC .. •
Page 2 of 4
January 2, 2007
The Additional Conditions of the Certification are:
1. Impacts Approved
The following impacts are hereby approved as long a; all of the other spec.iftc and general conditions •
of this Certification (or Isolated Wetland Permit) are inet. No other impacts are approved including
incidental impacts;
• Amount A roved nits 1<teference
404/Wetland 0.365 acres of wetland (0.1"<";6 acres permanent ~
im act, 0.239 acres tem ora im act PCN page 4 of 9
Stream 91 linear feet stream (71 linNar feet temporary
perennial stream impact, 20 linear feet temporary
intermittent stream im act ' PCN page 4 of 9
Buffer -Zone 1 8,155 s daze ft.) PCN a e 8 of 9
Buffer -Zone 2 5,058 s uare ft. PCN a e 8 of 9
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-Consttuction Notification. All construction activities,
including the design, installation, operation, and matntenance of sediment and erosion control Best
Management Practices, shall be performed so that no violations of stale 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 Catalina
Sediment and Erosion Control Planning and .Design Manual.
b. The design, installation, operation, and maintenance of tl~e sediment and erosion control
measures must be such that they equal, or ex<:eed, the requirements specified in the most
rt=cent version of the North Carolina Sediment and Erasion 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.
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 acrd Erosion Conuol Measures
Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent
practicable. rf 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. 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 E~een approved to infringe within the buffer,

Eagle Parke, LLC
' ~ Page 3 of4
January 2, 2007
wetland or water prior to any land disturbing activities to ensure compliance with I ~A NCAC 2B~.0233
and GC 3404;
6. Diffuse Flow
All constructed stormwater conveyance outlets shall Eye directed and maintained as diffuse #low at
non-erosive velocities through the protected stream b~iffers such that it will not re-concentrate before
discharging into a stream as identified within 15A NCAC 2B .0233 (5). If this is not possible, it may
be necessary to provide stormwater facilities that are c:onsidered to remove nitrogen- This may require
additional approval from this Office.
7. 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 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/newetlands. The text of the sample deed notification may be modified as
appropriate to suit to this project;
S. Sewer Systems
The project shall comply with 15A NCAC 211 .0219(1;{2)(G) and all other State, Federal and local
sewer system regulations.
9. stormwater Best Management Practices (BMPs)
A!l of the corrxponents of your stormwater BMPs muse be maintained in perpetuity per GC3402 and .
GC3404, Therefore your forested filter Strips must be placed in a permanent easement and maintained
to function as a forested filter strip in perpetuity. Plea.~e provide this Office your final permanent
easement narrative and corresponding surveyed maps of the forested filter strips proposed for
preservation, with proposed forested filter strips clearl~~ delineated within 60 calendar days of the
issuance of this Certification.
10. Construction stormwater Permit NCGO 10000
Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land
Resources (DLR) or a DLR delegated local erosion and sedimentation control prof,ram, an 1VPDBS
General stormwater permit (NCGO10000) administered by DWQ is automatically issued to the
project. This General Permit allows stormwater to be cliscliarged during land disturbing construction
activities as stipulated by conditions in the permit. If;~our projec[ is covered by this permit
[applicable to construction projects iha[ disturb one (1} or more acres], full compliance with permit
conditions including the sedimentation control plan, self-monitoring, record keeping and reporting
requirements are required. A copy of this permit and monitoring report forms may be found at
http://h?v,enr.state_nc:us/sar/Forms Docz~ments.htm.;
11. Certificate of Completion
Upon completion of all work approved wi'Chin the 401 'JVater Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached

Eagle Parke, LLC
` Page 4 of 4
January 2, 2007
certificate of completion to the 401 Oversight/Expre;s Review Permitting Unit, North Carolina '
Division of Water Quality, 1654 Mail Service Cente;~, 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 fluthorized 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 far an adjudicatory hearing;. You must act withi,;n 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 Once of Administrative .Hearings, 6714 Mail Service Center,
Raleigh, N.C. 27699-6714. This certification acrd its cot~ciitions 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. 150$.
This letter completes the review of the Division of Water Quality under SECt10n 401
Act and the Neuse riparian buffer protection rule as described within l5A NCAC 2B
any questions; please telephone Cyndi Karoly or lan McNlillan at 919-733-1786.
AW1Vijm
Alan W. Klimek, P.
of the Clean Water
.0233. If vela have
Enclosures: GC 3374, GC3402, GC3404 .
Certificate of Completion
cc: K~Vin Martin, Soil & Environmental Consultants; P.A., 11010 Rsven Ridge Road, Raleigh, NC 29614
USACE Raleigh TZegulatory Field~Office
Mike Horan, DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Central Files
Filename: 061379 FronklinGrove(Fmnkl in)401_NBR