20041488 Ver 1_Approval Letter_20050502

r

? ~QF W A 7-4~Q Michael F. Easley, Governor

~Q [!i William G. Ross Jr., Secretary
GO North Carolina Department of Environment and Natural Resources
p Alan W. Klimek, P.E. Director
s Division of Water Quality
`L'am'
March 2, 2005
DWQ Project # 04-1488
Johnston County
Mr. Algie Stephens
319 Chapanoake Road
Raleigh, NC, 27603

Subject Property: Winston Pointe
White Oak Creek, Class C NSW, 27-43-11
Approval of 401 Water Quality Certification and Authorization Certificate per the Neuse River
Buffer Protection Rules (15A NCAC 2B .0233) with Additional Conditions

Dear Mr. Stephens:

You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 0.31 acres of wetlands, 370 feet of perennial streams and 23,770 square feet
(ft) of protected riparian buffers for the purpose of constructing a residential subdivision at the subject
property, as described within your application received by the N,C. Division of Water Quality (DWQ) on
August 25, 2004November 12, 2004, along with additional correspondence received February 21, 2005.
After reviewing your application, we have decided that the impacts are covered by General Water Quality
Certification Number(s) 3402 and 3404 (GC3402, GC3404). The Certification(s) allows you to use
Nationwide Permit(s) 39 and 14 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 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:

Noe Carolina
401 Oversight/Express Review Unit Nturalll,
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.nc.us/ncwetlands
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper

Winston Pointe
Page 2 of 4
March 2, 2005

Amount Approved Plan Location or Reference
(Units)
Stream 370 (feet) PCN form
404/CAMA Wetlands 0.31 (acres) PCN form
Buffers 23,770 (square ft.) PCN form

2. Erosion & Sediment Control Practices

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. For borrow pit sites, the erosion 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. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
3. 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.
4. No Sediment & Erosion Control Measures w/n Wetlands or Waters

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. 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/Wetlands Unit, North Carolina Division of Water Quality,
1650 Mail Service Center, Raleigh, NC, 27699-1650.

Winston Pointe
Page 3 of 4
March 2, 2005

6. 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. Diffuse Flow

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.
8. Compensatory Mitigation Using the Ecosystem Enhancement Program (EEP)

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. 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), 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 to meet the following compensatory mitigation requirement:
Compensatory Mitigation River and Sub-basin Number
Required
Stream 370 (feet) 03020201

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.

Winston Pointe
Page 4 of 4 `
March 2, 2005

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 John Dorney or Cyndi Karoly at 919-733-1786.

Sincerely,

I r G~t--
i
Alan W. Klimek, P.E.

0

AWK/cbk

Enclosures: GC 3402, 3404
Certificate of Completion
cc: John Teel, 319 Chapanoake Road, Raleigh, NC, 27603,
USACE Raleigh Regulatory Field Office
DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Central Files
Filename: 041488 Winston(Johnston)401+NBR

` ~OF W A7- RQ Michael F. Easley, Governor
~ ~i William G. Ross Jr., Secretary
~O_'- North Carolina Department of Environment and Natural Resources
0 Alan W. Klimek, P.E. Director
Division of Water Quality
North Carolina Division of Water Quality
401 Water Quality Certification
Summary of Permitted Impacts and Mitigation Requirements

in accordance with 15A NCAC 2H.0500, Mr. Algie Stephens has permission as outlined below to impact
0.31 acres of wetlands and 370 linear feet of streams for the purpose(s) of constructing the proposed
Winston Pointe Subdivision in Johnston County. All activities associated with these authorized impacts
must be conducted with the conditions listed in the attached Permit transmittal letter. THIS PERMIT IS
NOT VALID WITHOUT THE ATTACHMENTS.

COMPENSATORY MITIGATION REQUIREMENTS, ECOSYSTEM ENHANCEMENT PROGRAM
LOCATION: Winston Pointe Subdivision
COUNTY Johnston
BASIN/ SUB BASIN 03020201

As required by 15A NCAC 2H.0500, and the conditions of this Permit, you are required to compensate
for the above impacts through the restoration, creation, enhancement or preservation of wetlands and
surface waters 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 and linear foot requirements must be rounded up to the nearest
foot according to 15 2R.0503(b).
Impacts:
0.31 Acres of Class WL wetlands
370 Linear feet of streams
23,770 square feet of stream buffers

Mitigation:
370 Linear feet of streams

In correspondence dated February 2, 2005, the EEP indicated that mitigation . -ill be conducted by EEP if
necessary for this project.
One of the options you have available to satisfy the compensatory mitigation requirement is through the
payment of a fee to the Wetlands Restoration Fund per NCAC 2R.0503. If you choose this option, please
sign this form and mail it along with a copy of your 401 Certification or Buffer Approval 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
Noe Carolina
401 Wetlands Certification Unit ~tur"Im
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.nc.us/ncwetiands
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper

Mr. Algie Stephens
Page 2 of 2
March 2, 2005

ECOSYSTEM ENHANCEMENT PROGRAM
16,52 Mail Service Center
RALEIGH, N.C. 27669-1652
[phone]

Filename: 041488 Winston(Johnston)EEP