20060466 Ver 1_Approval Letter_20060612 (2)

F W A T
$RQ
?Q Michael F. Easley, Governor

?-- William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources

Q ^? Alan W. Klimek, P.E. Director
Division of Water Quality
June 12, 2006
DWQ Project # 06-0466
Franklin County
Mr. Rick Groate, Operations Manager
The Weisgerber Group
1426 Wall Road
Wake Forest, NC 27587
Subject Property: Whispering Pines Subdivision
Ut to Cedar Creek [030301, 28-29-(2), C, NSW]
Approval of 401 Water Quality Certification and Authorization Certificate per the Tar-Pamlico
River Buffer Protection Rules (15A NCAC 2B.0259) with Additional Conditions
Dear Mr. Groate:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 0.0876 acres of wetland, 317 linear feet of perennial stream (294 linear feet
permanent impact, 23 linear feet temporary impact), and 17,285 square feet of Zone 1 Tar-Pamlico River
basin protected riparian buffers and 9,008 square feet of Zone 2 Tar-Pamlico River basin protected
riparian buffers (8,025 square feet permanent impact, 983 square feet temporary impact) to construct the
proposed residential subdivision on the subject property as described within your application dated March
20, 2006 and received by the N.C. Division of Water Quality (DWQ) on March 21, 2006, with additional
information received by the DWQ on May 15, 2006 and June 9, 2006. After reviewing your application,
we have decided that the impacts are covered by General Water Quality Certification Number(s) 3402
(GC3402). The Certification(s) allows you to use Nationwide Permit(s) 39 (NW39) when issued by the
US Army Corps of Engineers (USACE). This letter shall also act as your approved Authorization
Certificate for impacts to the protected riparian buffers per 15A NCAC 213 .0259. 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.
Conditions of Certification:
1. Impacts Approved
401 Oversght/Express Review Permits Unit
1650 Mail Service Center, Ralegh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Ralegh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: httD://h2o.enr.state.nc.us/ncwetlands
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An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
The Weisgerber Group
Page 2 of 3
June 12, 2006
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:
Amount Approved (Units) Plan Location or Reference
404AVetland 0.0876 acres PCN page 8 of 14
Stream 317 (linear feet - 294 linear PCN page 9 of 14
feet permanent impact, 23
linear feet temporary impact)
Zone 1 TPBR Buffer Impacts 17,285 (square feet PCN page 13 of 14
Zone 2 TPBR Buffer Impacts 9,008 (square feet - 8,025 PCN page 13 of 14
square feet permanent impact,
983 square feet temporary
impact))
Sediment and Erosion Control:
2. 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.
3. 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 404/401 Permit Application. 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;
4. 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. 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 15 NCAC 2H,
Section.0500;
The Weisgerber Group
Page 3 of 3
June 12, 2006
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/ncwetlands. The text of the sample deed notification may be
modified as appropriate to suit to this project;
7. Culvert Installation
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.
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.
The Weisgerber Group
Page 4 of 3
June 12, 2006
Mitigation:
8. Compensatory Mitigation Using the Ecosystem Enhancement Program (EEP) and Donation of Perpetual
Easements
Mitigation must be provided for the proposed impacts as specified in the table below. We
understand that you wish to make a payment to the Wetlands Restoration Fund administered by
the NC Ecosystem Enhancement Program (EEP) to meet this mitigation requirement, as well as
donation of perpetual conservation easements. This has been determined by the DWQ to be a
suitable method to meet the mitigation requirement. Until the EEP receives and clears your check
(made payable to: DENR - Ecosystem Enhancement Program Office), and the mitigation balance
has been addressed with the DWQ, 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 one month from the date of this approval to make this
payment. For accounting purposes, this Authorization Certificate authorizes payment into
the Wetlands Restoration Fund, as well as donation of perpetual conservation easements, to
meet the following compensatory mitigation requirement:
Compensatory Mitigation
Required . River and Sub-basin Number
Stream 294 (square feet Tar-Pamlico/03020101
8. Diffuse Flow (No Review)
All constructed stormwater conveyance outlets shall be directed and maintained as diffuse flow at
non-erosive velocities through the protected stream buffers 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 considered to remove nitrogen. This may require
additional approval from this Office.
Certificate of Completion:
9. 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/Wetlands 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.
The Weisgerber Group
Page 5 of 3
June 12, 2006
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 Cyndi Karoly or Ian McMillan in the Central Office in
Raleigh at 919-733-1786 or Eric Kulz in the DWQ Raleigh Regional Office at 919-791-4200.
Sincerely,
1
Al n W. Klimek, P.E.
AWK/Um
Enclosures: GC 3404
Certificate of Completion
a
cc: Eric Kulz, DWQ Raleigh Regional Office
USACE Raleigh Regulatory Field Office
File Copy
Central Files
Shawn Guyer, Spaulding & Norris, P.A., 972 Trinity Road, Raleigh, 27607
Filename: 060466whisperingPinesSD(Franklin401 _TPBR
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74,1'a
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Michael F. Easley, Governor William G. Ross, Jr., Secretary
Alan W. Klimek, P.E., Director
North Carolina Division of Water Quality
401 Water Quality Certification and Neuse Buffer Authorization
Summary of Permitted Impacts and Mitigation Requirements
In accordance with 15A NCAC 2H.0500, Mr. Rick Groate and The Weisgerber Group, has
permission as outlined below to impact 0.0876 acres of wetland, 317 linear feet of perennial
stream (294 linear feet permanent impact, 23 linear feet temporary impact), and 17,285 square
feet of Zone 1 Tar-Pamlico River basin protected riparian buffers and 9,008 square feet of Zone
2 Tar-Pamlico River basin protected riparian buffers (8,025 square feet permanent impact, 983
square feet temporary impact) to construct the proposed residential subdivision on the subject
property, located on Hicks Road in Franklinton, Franklin County. All activities associated with
these authorized impacts must be conducted with the conditions listed in the attached Permit
transmittal letter. THIS CERTIFICATION AND BUFFER AUTHORIZATION IS NOT
VALID WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENTS-NC ECOSYSTEM ENHANCEMENT
PROGRAM (NC EEP)
DWQ Project No: 20060466
LOCATION: Franklinton, NC
COUNTY Franklin
BASIN/ SUB BASIN/ INDEX Tar-Pamlico/03020101
As required by 15A NCAC 2H.0500, and the conditions of this Certification and Neuse Buffer
Authorization, you are required to compensate for the above mitigable impacts through the
restoration, creation, enhancement or preservation of 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; linear foot requirements must be
rounded up to the nearest foot according to 15A NCAC 2R.0503(b).
Impacts:
294 linear feet of stream
Mitigation:
294 linear feet of stream
401 Wetlands Certification Unit
1650 Mail Service Center, Ralegh, North Carolina 27699-1650 One
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 NOrthCarOllna
Phone: [phone] FAX [phone] / Internet: http://h2o.enr.state.nc.us/ncvvetlands An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper Naturally
The Weisberger Group
Page 2 of 2
June 12, 2006
One of the options you have available to satisfy the compensatory mitigation requirement is
through the payment of a fee to the NC EEP per 15A NCAC 2R.0503. If you choose this option,
please sign this form and mail it 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
1619 Mail Service Center
RALEIGH, N.C. 27669-1619
[phone]
Filename: 060466WhisperingPinesSD(Franklin)101 TPBR EEP