20071427 Ver 1_Approval Letter_20071015

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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
October 15, 2007
DWQ~ 07-1427
Guilford County
RBK Development, LLC
Attn: Brenda Smith
353 Jonestown R_d #l98
','~/illslon-Salrm, i~rC 27l C!~1-4620
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Ms. Smith:
RBK Development LLC has our approval, in accordance with the attached conditions, to place permanent fill
in 259 linear feet of stream in order to construct two (2) road crossings; to relocate approximately 600 linear
feet of stream channel; and to conduct stream enhancement along approximately 600 feet of stream channel,
for the Birkhaven residential subdivision located on Oak Ridge Rd near Summerfield in Guilford County, as
described in your application received by the Division of Water Quality (DWQ) on August 21, 2007 and
amendment received October 3, 2007. After reviewing your application, we have determined that this fill is
covered by General Water Quality Certification Numbers 3631 and 3626, which can be viewed. on our web
site at http://www.ncwaterquality.or~/wetlands.html. This Certification allows you to use Nationwide Permit
Numbers 29 and 27 respectively when they are issued by the U.S. Army Corps of Engineers. In addition, you
should secure any other applicable federal, state or local permits before you proceed with your project,
including (but not limited to) those required by Sediment and Erosion Control, Non-Discharge, and Water
Supply Watershed regulations. Also, this approval will expire when the accompanying 404 permits expire
unless otherwise specified in the General Certification.
This approval is valid only for the purpose and design that you have described in your application. If you
change your project, you must notify us in writing, and you maybe 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 fill for this
project (now or in the future) exceeds one acre, or total fill to perennial streams equals or exceeds 150 linear
feet, additional 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, as well as the
additional conditions listed below:
1. The following impacts are hereby approved as long as all other specific and general. conditions of this
Certification are met. No other impacts, including incidental impacts, are approved:
Identifier Stream Im act len th
Pi e Location 1 Unnamed tributary to Reedy Creek 1161inear feet
Pipe Location 2 Unnamed tributary to Reedy Creek 143 linear feet ore
Total 259 linear feet aturall
North Carolina Division of Water Quality 585 Waughtown Street Phone [phone] Customer Service
Winston-Salem Regional Office Winston-Salem, NC 27107 Fax [phone]
Internet: www.ncwaterquality.org
An Equal OppoRunitylAffirmative Action Employer - 50% Recycled/10% Post Consumer Paper

RBK Development LLC
October 15, 2007
DWQ # 07-1427
Page 2
2. Mitigation must be provided for the proposed impacts as specified in the table below. A final
compensatory mitigation plan has been approved as part of this application. The compensatory
mitigation plan must be completely constructed and implemented according to the plans approved by
this Office before any permanent building or road associated with the project is occupied or opened. The
mitigation must be maintained according to the approved plan and permanently protected by the use of
conservation easements, restrictive covenants, or similar protections. Any repairs ar adjustments to the
mitigation site must be made according to the a}~pr~wed plan or ~~mst ~e.ccivc writlen approval. from this
Ufiice to ~nakc the repairs or adjustments.
Compensatory Credit Mitigation Re uired On-site Mitigation ap roved
Streams 259 feet 600 feet
3. The legal documentation for the protection of the stream mitigation/relocation site must be approved by
the Division of Water Quality before any permanent building or road associated with the project is
occupied or opened.
4. There shall be a minimum 50 foot protected buffer along the stream restoration and stream enhancement
locations. This buffer shall be incorporated into the conservation easement or restrictive covenant.
5. Monitoring of the stream mitigation and enhancement site shall be in accordance with the Stream
Mitigation Guidelines document. The stream relocation shall be monitored in accordance with Level I
monitoring and the stream enhancement section shall be monitored in accordance with Level II
monitoring criteria as outlined in this document.
6. 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.
7. Placement of culverts and other stn~ctures in waters, streams, and wetlands must be placed below the
elevation of the streambed by one (1) foot for all culverts with a diameter greater than 48 inches, and
20% of the culvert diameter for culverts having a diameter less than 48 inches, to allow low flow
passage of water and aquatic life. Pipes on steep slopes should be placed at grade with appropriate
outlet protection to prevent stream scour. Pipe Crossing #1 has the potential to destabilize the
stream channel upstream of the pipe, and therefore should be installed at grade (buried only as
much as necessary to sufficiently transport low flow volumes in the stream channel). 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.

RBK Development LLC
' October 15, 2007
DWQ # 07-1427
Page 3
8. 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:
a. 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. 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
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uonx>~~~ j»i., ass~~cialeti ~~~1~ tl;k:tro~ec•i.
c. I~'or borrow pit sites, the cr~sion 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. Reclamation measures and implementation must comply with the reclamation in accordance with
the requirements of the Sedimentation Pollution Control Act.
e. Sufficient materials required for stabilization and/or repair of erosion control measures and
stormwater routing and treatment shall be on site at all times.
9. Erosion and sediment control measures shall not be placed in wetlands or waters to the maximum extent
practicable. If placement of erosion and sediment control measures in wetlands or waters is
unavoidable, they shall be removed and the natural grade restored within six months of the date that the
project is completed or, if applicable, within six months of the date that the project is released by the
North Carolina Division of Land Resources.
10. No waste, spoils, 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.
11. 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 program, an NPDES
General stormwater permit (NCGO10000) administered by DWQ is automatically issued to the project.
This General Permit allows stonnwater to be discharged during land disturbing construction activities as
stipulated by conditions in the permit. If your project is covered by this permit [applicable to
construction projects that 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: //h2o. enr.state. nc. us/su/Forms_Documents. htm.
12. Where riprap is required for energy dissipation and scour protection, it shall be limited to the minimum
dimensions specified by appropriate engineering calculations. Riprap may only be used below the
normal high water level. The original grade and elevation of the stream's cross-section must be
maintained. Riprap placed in the stream bottom must be inserted into the bottom matrix to a depth
sufficient to provide the thickness of riprap required for scour protection. The elevation of the stream
.bottom must not be increased by the placement of riprap. Placement of riprap must not result in
destabilization of the streambed or banks upstream or downstream of any crossing.

RBK Development LLC
October 15, 2007
DWQ # 07-1427
Page 4
13. All construction activities associated with this project shall minimize built-upon surface area, direct
stormwater runoff away from surface waters, and incorporate best management practices to minimize
water quality impacts. If concrete is used with any fill material, it shall not be allowed to come in
contact with surface waters until it has cured. If any stormwater must be collected for discharge into a
stream channel, it shall not enter the stream as a point source, but shall be slowed and discharged as
sheet flow prior to entering the riparian buffer on either side of the stream.
14. Upon finishing the project, the Applicant shall fill out and return the enclosed "Certificate of
Completion" to notify NCDWQ when all work included in the §401 Certification has been completed.
This certificate should be returned to the Winston-Salcl~~ Rcgional Office of the ~':CDWQ at the ad~'ress
lists.d on the farm.
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 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.
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 contact Sue Homewood in the DWQ Winston-Salem Regional Office at
336-771-4964 or at [e-mail].
Sincerely,
Coleen H. Sullins, Director
Division of Water Quality
cc: Andy Williams, U. S. Army Corps of Engineers, Raleigh Regulatory Field Office
Matt O'Brien, Environmental Services Inc, 3661 Alamance Rd, Burlington, NC 27215
DWQ Winston-Salem Regional Office
DWQ Central Files
DWQ Wetlands/401

RBK Development LLC
October 15, 2007
DWQ # 07-1427
Page 5
DWQ Project No.:
County:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
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 r~°quired to return this certificate to the 401/Wetlands C7nit, North Carolina
U~visi~rn o Water Qu:~lil}~, 1621 Mail Scrv~cf~ ~.:cnter, IZal~~.i;;h, iv;C, ;' %±x=19-16? 1. "iii; 1<>>~in n~a•~~ lie. returnaf to ll\~'O i,y
file applicant, the applicant's authorized agent, or the project engineer. ll is not necussaiy to send certificates from all of
these.
~plicant's Certi_ ication
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:
dent's Certi acatiora
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
Engineer's Certification
Partial Final
Date:
I, , as a duly registered Professional Engineer in the State of North
Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project,for the
Permittee 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
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