20041801 Ver 1_Approval Letter_20060210

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
February 10, 2006
Mr. Drew Mulhare
Ford's Colony at Rocky Mount, LLC
One Ford's Colony Drive
Rocky Mount, NC, 27809
Re: Ford's Colony at Rocky Mount, Nash County
DOA Action ID 200421182, DWQ Project No. 20041801
APPROVAL of 401 Water Quality Certification and AUTHORIZATION CERTIFICATE per the
Tar-Pamlico River Buffer Protection Rules (15A NCAC 2B .0259) with Additional Conditions
APPROVAL of Isolated Wetlands Permit
Dear Mr. Mulhare:
Attached hereto is a copy of Certification No. 3535 issued to Mr. Drew Mulhare of Ford's Colony at
Rocky Mount, LLC, dated January 27, 2006. Isolated wetlands impacts associated with this project are
covered by the State General Permit for Impacts to Isolated Wetlands and Isolated Waters
(IWGP100000). 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 get any other federal, state
or local permits before you go ahead with your project including (but not limited to) Solid Waste,
Sediment and Erosion Control, Stormwater, Dam Safety, Non-discharge and Water Supply Watershed
regulations. This Certification replaces the one issued to you on September 26, 2005.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
Orz ( /4
Alan W. Klimek, P.E.
AWK/cbk
Attachments: Certificate of Completion
cc: Jean Manuele, U.S. Army Corps of Engineers, Raleigh Regulatory Field Office
Wilmington District, USACOE
Eric Kulz, DWQ, Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Central Files
Todd St. John, Kimley-Horne, P.O. Box 33068, Raleigh, NC, 27636-3068
Jeff Harbour, ESI, 524 New Hope Road, Raleigh, NC, 27610
Filename: 041801FordsColony(Nash)401/V1 00
401 Oversight/Express Review Permits Unit
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.stnte.nc.us/ncwetlands
One
NnCarolina
)vatumlly
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
Mr. Drew Mulhare, Ford's Colony at Rocky Mount, LLC
Page 2 of 7
February 10, 2006
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-
500 and 95-217 of the United States and subject to the North Carolina Division of Water Quality (DWQ)
Regulations in 15 NCAC 211, Section.0500 to Mr. Drew Mulhare of Ford's Colony at Rocky Mount, LLC
to permanently fill 3.98 acres of wetlands (including 2.08 acres of riparian wetlands, 1.99 acres of non-
riparian wetlands, and 0.19 acre of isolated wetlands) and 1,199 linear feet of stream channel (including 348
linear feet of perennial streams and 809 linear feet of intermittent streams), and to impact 71,701 square feet
of protected riparian buffers and for temporary impacts to 60 feet of perennial streams, 1.30 acres of
wetlands, and 12,632 square feet of protected riparian buffers, 1.03 acres of wetland creation, and 0.02 acre
of open water fill, adjacent to Beech Branch in the Tar-Pamlico River Basin, associated with the
construction of the Ford's Colony at Rocky Mount development in Nash County, North Carolina, pursuant
to an application filed on the 12th day of November of 2004, and in additional correspondence received
April 1, April 12, August 9, September 7, September 23, 2005 and February 9, 2005.
The application and supporting documentation provides adequate assurance that the proposed work will
not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the
State of North Carolina certifies that this activity will not violate the applicable portions of Sections 301,
302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application, the
supporting documentation, and conditions hereinafter set forth.
This approval is only valid for the purpose and design submitted in the application materials and as
described in the Public Notice. If the project is changed, prior to notification a new application for a new
Certification is required. 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 of this Certification. Any
new owner must notify the Division and request the Certification be issued in their name. Should wetland
or stream fill be requested in the future, additional compensatory mitigation may be required as described
in 15A NCAC 2H .0506 (h) (6) and (7). If any plan revisions from the approved site plan result in a
change in stream or wetland impact or an increase in impervious surfaces, the DWQ shall be notified in
writing and a new application for 401 Certification may be required. For this approval to be valid,
compliance with the conditions listed below is required.
Conditions of Certification:
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:
Amount Approved Units Plan Location or Reference
Stream 1,199 (feet) permanent Final project impacts as listed in
impacts September 7, 2005
(348 feet perennial, correspondence from
809 feet intermittent) Environmental Services, Inc and
(also 60 feet perennial revisions described in January
stream temporary impacts) 16, 2006 and February 9, 2006
correspondence from Kimley-
Horn Associates, Inc./WK
Dickson
Mr. Drew Mulhare, Ford's Colony at Rocky Mount, LLC
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February 10, 2006
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 shall occur in wetlands, waters, or riparian areas beyond
the footprint of the impacts depicted in the 404/401Permit 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;
Continuing Compliance:
5. Mr. Drew Mulhare and/or Ford's Colony at Rocky Mount, LLC, shall conduct construction
activities in a manner consistent with State water quality standards (including any requirements
resulting from compliance with section 303(d) of the Clean Water Act) and any other appropriate
requirements of State law and federal law. If the Division determines that such standards or laws
are not being met (including the failure to sustain a designated or achieved use) or that State or
federal law is being violated, or that further conditions are necessary to assure compliance, the
Division may reevaluate and modify this Certification to include conditions appropriate to assure
compliance with such standards and requirements in accordance with 15A NCAC 2H.0507(d).
Before modifying the Certification, the Division shall notify Mr. Drew Mulhare and/or Ford's
Colony at Rocky Mount, LLC and the US Army Corps of Engineers, provide public notice in
accordance with 15A NCAC 211.0503 and provide opportunity for public hearing in accordance
with 15A NCAC 2H.0504. Any new or revised conditions shall be provided to Mr. Drew
Mulhare and/or Ford's Colony at Rocky Mount, LLC in writing, shall be provided to the United
States Army Corps of Engineers for reference in any Permit issued pursuant to Section 404 of the
Clean Water Act, and shall also become conditions of the 404 Permit for the project;
Mitigation: (Buffers, Streams and Wetlands need details here)
6. Compensatory Mitigation
a. Compensatory Wetland Mitigation
1) Ecosystem Enhancement Program to meet 1:1 wetland restoration/creation ratio
Mitigation must be provided for the proposed impacts to wetlands as specified 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 to meet the 1:1 restoration/creation requirement. This has been determined
by the DWQ to be a suitable method to meet the mitigation requirement. Until the EEP
Mr. Drew Mulhare, Ford's Colony at Rocky Mount, LLC
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February 10, 2006
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 (919) 733 -5205 if you have any questions concerning
payment into a restoration fund. You must make this payment within 60 days of the date
of this Certification or before impacts approved in this Certification occur, whichever
come first. Otherwise you must notify this Office within three weeks of the date this
Certification of the specific date (before impacts occur) that you will make this payment
for written approval by this Office. For accounting purposes, this Authorization
Certificate authorizes payment into the Wetlands Restoration Fund to meet the
following compensatory mitigation requirement:
2.08 acres riparian and 2.18 acres non-riparian wetland impacts.
2) On site to meet remaining onsite wetland mitigation requirements
A final compensatory wetland mitigation plan must be approved in writing by this Office
before any permanent building associated with the project is occupied for the additional
wetland mitigation proposed in the application and additional information provided to
NCDWQ. Additionally, the compensatory mitigation plan must be completely
constructed and implemented according to the plans approved by this Office within 5
years of this Certification. The mitigation must be maintained according to the approved
plan and permanently protected by the use of conservation easements or similar
protections. Any repairs or adjustments to the mitigation site must be made according to
the approved plan or must receive written approval from this Office to make the repairs
or adjustments.
b. Compensatory Stream and Buffer Mitigation
The stream and buffer restoration must be constructed, maintained, and monitored
according to the approved plans in the application and modifications to the application
(Stormwater Stream and Mitigation Planning Report, April 7, 2005). Any repairs or
adjustments to the site must be made according to the approved plans or must receive
written approval from this Office to make the repairs or adjustments.
Stream and buffer mitigation must be provided for the proposed impacts as specified
below. Additionally, the compensatory mitigation plan must be completely constructed
and implemented according to the plans approved by this Office by November 15, 2006
or as otherwise approved by this Office in writing. The final mitigation must provide at
least 348 feet of successful perennial stream restoration according to the approved
plans. Additionally, a minimum of 5541 square feet of buffer mitigation is required for
the 2716 square feet of buffer impacts requiring mitigation as part of this stream
restoration project. The mitigation must be maintained according to the approved plan
and permanently protected by the use of conservation easements or similar protections.
Any repairs or adjustments to the mitigation site must be made according to the approved
plan or must receive written approval from this Office to make the repairs or adjustments.
Any significant changes to the plan must be approved by this Office in writing before the
plan is implemented.
In order for this project to be used as compensatory mitigation for other specific projects,
you must obtain written approval from this Office. The request should include the amount
Mr. Drew Mulhare, Ford's Colony at Rocky Mount, LLC
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February 10, 2006
of stream length and buffer area credit requested for accounting purposes. Please specify
DWQ project No. 20041801 when making your request.
If the above stream and buffer restoration project is to be held, performed, and/or
provided by another entity such as but not limited to the Ecosystem Enhancement
Program or a mitigation banker, then the transaction must be approved by this Office in
writing before the transaction occurs. In order to receive written approval for this
transaction, it must be demonstrated to the Division that the mitigation requirements
specified in this Condition shall be completely and uniquely met.
Road Crossings:
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.
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.
Stormwater Management:
8. a) Before each development phase that is anticipated to exceed 30% impervious cover, including,
at a minimum, the 7 focus areas (as described in Appendix B and C of the "401 Water Quality
Certification - Stormwater Management Permit Application" dated May 11, 2005) is paved, final,
written stormwater management plans for that phase shall be approved in writing by the Division
of Water Quality's Wetlands Unit. The facilities must be designed to remove 85% TSS as well as
treat nitrogen in the runoff from each area. Also, before any permanent building or other
structure is occupied in each area, the facilities (as approved by the Wetlands Unit) for that area
shall be constructed and operational, and the stormwater management plan for that area (as
approved by the Wetlands Unit) shall be implemented. The structural stormwater practices as
approved by the Wetlands Unit as well as drainage patterns must be maintained in perpetuity. No
changes to the structural stormwater practices shall be made without written authorization from
the Division of Water Quality.
b) Before each development phase that is anticipated to be less than 30% impervious cover and is
outside the 7 focus areas (as described in Appendix H of the "401 Water Quality Certification -
Stormwater Management Permit Application" dated May 11, 2005) is paved, final, written
stormwater management plans for that phase shall be approved in writing by the Division of
Water Quality's Wetlands Unit. The facilities must be designed to provide diffuse flow through
the protected riparian buffers or designed to remove nitrogen and attenuate flow prior to
Mr. Drew Mulhare, Ford's Colony at Rocky Mount, LLC
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February 10, 2006
discharge. Also, before any permanent building or other structure is occupied in each area, the
facilities (as approved by the Wetlands Unit) for that area shall be constructed and operational,
and the stormwater management plan for that area (as approved by the Wetlands Unit) shall be
implemented. The structural stormwater practices as approved by the Wetlands Unit as well as
drainage patterns must be maintained in perpetuity. No changes to the structural stormwater
practices shall be made without written authorization from the Division of Water Quality.
Other conditions:
9. Certificate of Completion
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.
10. 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.
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 Permit. The Isolated Wetlands
Permit will expire upon the expiration date of IWGP100000 (September 30, 2008) or unless
otherwise rescinded by the Director of the Division of Water Quality.
If this Certification is unacceptable to you, you have the right to an adjudicatory hearing upon written
request within sixty (60) days following receipt of this Certification. This request must be in the form of a
written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the
Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. If
modifications are made to an original Certification, you have the right to an adjudicatory hearing on the
modifications upon written request within sixty (60) days following receipt of the Certification. Unless
such demands are made, this Certification shall be final and binding.
This the 10th day of February 2006
DIVISION OF WATER QUALITY
/1?1 Alan W. Klimek, P.E.
AWKlcbk