20072235 Ver 1_More Info Received_20080513

FW: 5401 North Mitigation Invoice Request
imap:Hcros.ncmai1.net:993/fetch%3EUID%3E/INBOX%3 E 15165?h...
Subject: FW: 5401 North Mitigation Invoice Request
From: "Jennifer Burdette" <[e-mail]>
Date: Tue, 13 May 2008 10:28:35 -0400
To: <[e-mail]>
Iley lan-
ElerCs the EEP mitigation request that includes all the information you need about the subject project that I left
you a voicemail about this morning.
- Thanks
Jennifer Burdette
Burdette Land Consulting Inc
10212 Creedmoor Road
Raleigh NC 27615
[phone] office
[phone] mobile
[phone] fax
MAY 1 3 2008
DENR • WATER QUAD Y
WETLANDS AND STORMWATER BRANCH
From: Jennifer Burdette [mailto:[e-mail]]
Sent: Monday, May 05, 2008 8:55 AM
To: 'Valerie Mitchener'
Subject: 5401 North Mitigation Invoice Request
Hey Valerie -
I hope you had a great weekend.
Attached is the Nationwide Permit approval that we were waiting for on the subject project. The NCDWQ
WQC is also attached. In our permit application, we proposed 710 SF of buffer mitigation. However, it did
not make it as a permit condition. Please also include the buffer mitigation in the invoice for the wetlands and
stream mitigation.
- Thanks
Jennifer Burdette
Burdette Land Consulting Inc
10212 Creedmoor Road
Raleigh NC 27615
[phone] office
[phone] mobile
[phone] fax
5401N NWP Approval.pdf Content-Type: application/pdf
Content-Encoding: base64
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FW: 5401 North Mitigation Invoice Request
5401 DWQ approval.pdf
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Content-Type: application/pdf
Content-Encoding: base64
2 of 2 5/13/2008 1:18 PM
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. 200800596 County: Wake USGS Quad: Raleigh East
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner / Authorized Agent: 5401 North, LLC
Address: Attn: Carolyn Martin
563.0 Bankers Avenue MAY 1 3 2008
Baton Rouge. LA 708.08
Telephone No.: 225-924-7206 WErLpNDS AND SIORMWA RBRMCH
Size and location of property (water body, road name/number, town, etc.): The 408 acre project site is located on the
northeast quadrant of I-540 and US-401 North, adjacent to the west bank of the Neuse River in Wake Countv,
North Carolina.
Description of projects area and activity: This-permit verifies permanent impacts to 0.34 acres.of riparian wetland
and 222 linear feet of streams that exhibit important aquatic function for the construction of a mixed use
subdivision. Mitigation, in the form of payment to NCEEP is required. for the permanent impacts stated above
(See permit condition below).
Applicable Law: E-Section 404 (Clean Water Act, 3.LUSC 1344) -
? Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number:
Nationwide Permit Number: 39 (0.27 acres) and 18 (0.07 acres)
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the
attached conditions and your submitted plans. Any violation of the attached conditions or deviation from your submitted
plans may subject the permittee to a stop work order, a restoration order and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide authorization is
modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is
reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it
complies with all requirements of the modified nationwide permit. If the nationwide permit authorization expires or is
suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the
nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in
reliance upon the nationwide permit, will remain authorized provided the activity is completed within twelve months of
the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has been
exercised on a case-by-case basis to modify, suspend or revoke the authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality
Certification. You should contact the NC Division of Water Quality (telephone [phone]) to determine Section 401
requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management
Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management.
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other
required Federal, State or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers
regulatory program, please contact Mr. Jamie Shern [e-mail].
Permit Condition:
In order to compensate for impacts to 0.34 acres and 222 linear feet of warm water stream, the permittee shall make
payment to the North Carolina Ecosystem Enhancement Program (NC EEP) sufficient to perform .the restoration of .44
acres of riparian wetland and 444 linear feet of warm water stream in the Neuse River Basin. Wetlands will be
provided by EEP in Cataloging Unit 03020201, while streams will be provided in 03020203.
Construction within jurisdictional areas on the property shall begin only after the permittee has made full
payment to the NC EEP and provided a copy of the payment documentation to the Corps. The NC EEP has
provided written confirmation to the Corps that it agrees to accept responsibility for the mitigation work
required (see December 19, 2007 and August 13, 2008 Acceptance Letters), in compliance with the MOU
between the North Carolina Department of Environment and Natural Resources and the United States Army
Corps of Engineers, Wilmington District, dated November 4, 1998.
Corps Regulatory Official: Jamie Shern Date: Permit was authorized via
statutory requirements on April 15,
2008•
Expiration Date of Verification: April 30, 2010
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete the attached customer Satisfaction Survey or visit
http://www.saw.usace.gM.mil/WETLANDS/index.html to complete the survey online.
Copy Furnished:
Ms. Jennifer Burdette
Burdette Land Consulting
10212 Creedmoor Road
Raleigh, NC 27615
p@IRDWIMP
MAY 1 3 2008
DENR - WATER QUAUTY
'WETLANDS AND STORMWATER BRANCH
W A ??9pG
r
Ms. Carolyn Martin
5401 North, LLC
5630 Bankers Avenue
Baton Rouge, LA 70808
March 19, 2008
MAY zoos
D? ?p S?pRMWp RBRA?
Subject Property: 5401 North
Ut to Neuse River [030402, 27-(22.5), C, NSW]
Coleen H. Sullins, Director
Division of Water Quality
DWQ Project # 07-2235
Wake County
Approval of 401 Water Quality Certification and Authorization Certificate per the Neuse River
Buffer Protection Rules (15A NCAC 2B .0233) with Additional Conditions
Dear Ms. Martin:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 0.44 acres of 404/wetland, 118 linear feet of perennial stream, 95 linear feet of
intermittent stream, and 10,475 square feet of Zone 1 Neuse River basin protected riparian buffers, and
9,557 square feet of Zone 2 Neuse River basin protected riparian buffers, as described in your application
dated December 21, 2007, and received by the Division of Water Quality (DWQ) on December 27, 2007,
with additional information received from you on February 15, 2008, to construct the proposed mixed-use
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 Certjfication(s) allows you to
use Nationwide Permit(s) NW 18 and NW39 when issued by the US Army Co :ps,Qi+tEhgirieers (USACE).
This letter shall also act as your approved Authorization Certificate for impficts'to•theprotected 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 150 linear 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:
Nom` hCaro Ii
401 Oversight/Express Review Permitting Unit J?`atUW1
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: http://h2o.enr.state, nq,us/ncwetlands
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
5401 North, LLC
Page 2 OIA5
March 19, 2008
Type of Impact Amount Approved Units Plan Location or Reference
404/Wetland 0.44 acres PCN pages 4 and 5 of 11
Stream - perennial 118 linear feet PCN page 5 of 11
Stream - intermittent 95 linear feet PCN page 5 of 11
Buffer -Zone 1 10,475 (square ft. PCN page 10 of 11
Buffer - Zone 2 9,557 (square ft.) PCN page 10 of 11
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/ncwetiands. 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
5401 North, LLC
Page 3 of 5
March 19, 2008
(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;
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.nedot,org/doh/oi)erations/BMP manuaUdownlodd/BMP 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 shal l
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. 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 t4gn 48 inches, to allow
low flow passage of water and aquatic life. Design and placement.of.culvei,U,dnd other structures
including temporary erosion control measures shall not be conducted in a" anner 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.
8. Stormwater Management Plan Implementation Procedures (No Further Approval Needed)
5401 North, LLC
Page 4 5
March 19, 2008
• The approved SMP must be constructed and operational before any permanent building or
other structure is occupied at the site. If a development is phased, then the approved SMP for
each future phase must be constructed and operational before any permanent building or other
structure associated with that phase is occupied.
• The approved SMP as well as drainage patterns must be maintained in perpetuity.
• The SMP may not be modified without prior written authorization from the SMP approval
authority. If the SMP falls under another state stormwater program, then a copy of the
approval letter and the modified SMP must be submitted to the 401 Oversight/Express Unit
prior to the commencement of the modifications.
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.
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.
Sincerely,
af ---CA \
Coleen H. Sullins
CHSlijm
Enclosures: GC3705
Certificate of Completion
cc: USACE Raleigh Regulatory Field Office
Lauren Witherspoon, DWQ Raleigh Regional Office
5401 North, LLC
Page 5 of 5
March 19, 2008
DLR Raleigh Regional Office
File Copy
Central Files
Jennifer Burdette, Burdette Land Consulting, Inc., 10212 Creedmoor Road, Raleigh, NC 27615
Filename: 072235_5401 North(Wake)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:
Agent's Certification
Date:
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 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