20060658 Ver 2_Complete File_20060628

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?.--, os?stem
PROGRAM
RECEIPT
August 4, 2006
Mr. David Turner
Crescent Resources
8450 Falls of Neuse Road, Suite 102
Raleigh, NC 27615
Project:
ILF No:
County:
DWQ #:
USACE Action ID:
Amount Paid:
Check Number:
Hidden Lake
ILF-2006-4488
Franklin
2006-0658
N/A
$ 116,423.08
404661
The North Carolina Ecosystem Enhancement Program (NCEEP) has received checks as indicated above as payment for the
compensatory mitigation requirements of the 401 Water Quality Certification/Section 404 Permit issued for the above
referenced project. This receipt serves as notification that the compensatory mitigation requirements for this project have
been satisfied. You must also comply with all other conditions of this certification and any other state, federal or local
government permits or authorization associated with this activity.
The NCEEP, by acceptance of this payment, acknowledges that the NCEEP is responsible for the compensatory mitigation
requirements associated with the project permit and agrees to provide the compensatory mitigation as specified in the permit.
The mitigation will be performed in accordance with the Memorandum of Understanding between the NC Department of
Environment and Natural Resources and the US Army Corps of Engineers dated November 4, 1998, as indicated below.
River Basin Wetlands Credits Stream Credits Buffer
CU (Sq. Ft.)
Riparian on-Riparian Coastal Marsh Cold Cool Warm
Neuse

03020201 0.29 0 0 0 0 •250 50,573
Please note that a payment made to the Ecosystem Enhancement Program is not reimbursable unless a request for
reimbursement is received within 12 months of the date of the receipt. Any such request must also be accompanied by letters
from the permitting agencies stating that the permit and/or authorization have been rescinded. If you have any questions or
need additional information, please contact Carol Shaw at [phone].
Sincerely,
bi. Gilmo re, PE
Director
cc: Cyndi Karoly, Wetlands/401 Unit
Eric Alsmeyer, USACE-Raleigh
Eric Kulz, DWQ-Raleigh
File AUG 0 8 2006
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f7{?(.?'1',(]... E ... Prot" oar .rte DENR - WATER QUALITY
?/ WETLANDS AND STORMWATER BRANCH
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 /www.nceep.net

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Ecosys'teml
PROGRAM
INVOICE
***Corrected Mitigation Requirements and Fees***
June 15, 2006
DWQ#: 06-0658
COE#: 200520995, 200620803
Mr. Greg Garrett
Crescent Resources
11104 Limehurst Place
Charlotte, NC 28278
Project: Hidden Lake County: Franklin
You have elected to satisfy the compensatory mitigation requirements of the Section 401/404 permit issued for the above
reference project through payment of a fee to the North Carolina Ecosystem Enhancement Program. In accordance with 15A
NCAC 2H.0500, your fee has been calculated as follows (Please note: payment of wetlands is calculated in increments of
0.25 acres). If you have any questions concerning this payment, please call Carol Shaw at 919-733-5205.
Riparian Wetlands 0.5 acres x $ 26,246.00
Non-Riparian Wetlands 0 acres x $ 13,123.00
Saltwater Wetlands 0 acres x $131,230.00
Streams 250 linear feet x $ 219.00
Buffers: Zones 1 and 2 50,573 square feet x $ .96
Total amount of payment
Please mail a check made payable to
North Carolina Ecosystem Enhancement Program
for the total amount due to the address below.
NC DENR Ecosystem Enhancement Program
1652 Mail Service Center
Raleigh, NC 27699-1652
$ $13,123.00
$ 54,750.00
$ 48,550.08
$ 116,423.08
Please note that a payment made to the NC Ecosystem Enhancement Program is not reimbursable unless a request for
reimbursement is received within 12 months of the date of the receipt. Any such request must be accompanied by letters
from the permitting agencies stating that the permit and/or authorization have been rescinded.
YOU MUST BE IN POSSESSION OF THE PAYMENT RECEIPT FROM THE NC ECOSYSTEM
ENHANCEMENT PROGRAM PRIOIR TO COMMENCING THE ACTIVITIES AUTHORIZED BY THE
DEPARTMENT OF ARMY PERMIT AND/OR THE 401 WATER QUALITY CERTIFICATION.
cc: Cyndi Karoly, DWQ 401/Wetlands
Eric Kulz, DWQ-Raleigh
Eric Alsmeyer, USACE-Raleigh
Jason Payne, S&EC
File

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North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, PF02i699'-1 / 919-715-0476 / www.nceep.net

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o stem
PROGRAM
Il1W01CE
June 13, 2006
DWQ#: 06-0658
COE#: n/a
Mr. Greg Garrett
Crescent Resources
11104 Limehurst Place
Charlotte, NC 28278
Project: Hidden Lake County: Franklin
You have elected to satisfy the compensatory mitigation requirements of the Section 401/404 permit issued for the above
reference project through payment of a fee to the North Carolina Ecosystem Enhancement Program. In accordance with 15A
NCAC 2H.0500, your fee has been calculated as follows (Please note: payment of wetlands is calculated in increments of
0.25 acres). If you have any questions concerning this payment, please call Carol Shaw at 919-733-5205.
Riparian Wetlands
Non-Riparian Wetlands
Saltwater Wetlands
Streams
Buffers: Zones 1 and 2
Total amount of payment
0.75 acres x $ 26,246.00
0 acres x $ 13,123.00
0 acres x $131,230.00
250 linear feet x $ 219.00
50,573 square feet x $ .96
Please mail a check made payable to
North Carolina Ecosystem Enhancement Program
for the total amount due to the address below.
NC DENR Ecosystem Enhancement Program
1652 Mail Service Center
Raleigh, NC 27699-1652
$ 19,684.50
_ $ 54,750.00
$ 48,765.12
$ 123,199.62
Please note that a payment made to the NC Ecosystem Enhancement Program is not reimbursable unless a request for
reimbursement is received within 12 months of the date of the receipt. Any such request must be accompanied by letters
from the permitting agencies stating that the permit and/or authorization have been rescinded.
YOU MUST BE IN POSSESSION OF THE PAYMENT RECEIPT FROM THE NC ECOSYSTEM
ENHANCEMENT PROGRAM PRIOIR TO COMMENCING THE ACTIVITIES AUTHORIZED BY THE
DEPARTMENT OF ARMY PERMIT ATND/OR THE 401 WATER QUALITY CERTIFICATION.
cc: Cyndi Karoly, DWQ 401/Wetlands
Eric Kulz, DWQ-Raleigh
Eric Alsmeyer, USACE-Raleigh
Jason Payne, S&EC
File
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North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 1 www.nceep.net
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co
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
July 5, 2006
Mr. Greg Garrett
Crescent Resources
11104 Limehurst Place
Charlotte, NC 28278
Subject Property:
Hidden Lake
Utto Brandy Creek [030301, 28-29-3-(1), B, NSW]
Alan W. Klimek, P.E. Director
Division of Water Quality
DWQ Project # 06-0658
Franklin County
Approval of 401 Water Quality Certification, Approval of Isolated Wetlands Permit and
Authorization Certificate per the Tar-Pamlico River Buffer Protection Rules (15A NCAC 2B .0259)
with Additional Conditions - SECOND REVISION
Dear Mr. Garrett:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 0.2947 acres of wetland, 250 linear feet of perennial stream, 5 linear feet of
previously impacted temporary isolated stream, 0.1372 acres of open water, and 26,592 square feet of
Zone 1 Tar-Pamlico River basin protected riparian buffers and 24,205 square feet of Zone 2 Tar-Pamlico
River basin protected riparian buffers to construct the proposed residential subdivision and commercial
site as described within your application dated April 17, 2006, and received by the N.C. Division of
Water Quality (DWQ) on April 17, 2006, with additional information received by the DWQ on May 9,
2006. After reviewing your application, we have decided that the impacts are covered by General Water
Quality Certification Number(s) 3494 and 3404 (GC3494 and GC3404). The Certification(s) allows you
to use Nationwide Permit(s) 3 and 14 (NW 3 and NW 14) when issued by the US Army Corps of
Engineers (USACE). This Certification replaces the Certification issued to you on June 5, 2006.
This letter shall also act as your approved Authorization Certificate for impacts to the protected riparian
buffers per 15A NCAC 2B .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. 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.
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:
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: htta://h2o.enr.statg.ne.us/ncwetlands

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Crescent Resources
Page 2 of 5
July 5, 2006
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
404 Wetland 0.2947 acres PCN page 4 and 5 of 11
Stream - perennial 250 linear feet PCN page 4 and 5 of 11
Open water - and 0.1372 acres PCN page 4 and 5 of 11
Isolated waters 5 (linear feet PCN page 6 of 11
Zone 1 TPBR Buffer Impacts 26,645 (square feet PCN page 8 and 9 of 11
Zone 2 TPBR Buffer Impacts 24,205 (square feet PCN page 8 and 9 of 11
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.404/40 I 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;
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
Crescent Resources
Page 3 of 5
July 5, 2006
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.
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.
Crescent Resources
Page 4 of 5
July 5, 2006
9. 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) and donation of perpetual conservation
easements 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), and the EEP and DWO
approve the conservation easement donation, 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:
Impact Compensatory
Mitigation Required River and Sub-basin
Number
Stream 250 linear feet Tar-Pamlico -03020101
Buffers 50,573-square feet Tar-Pamlico - 03020101
Certificate of Completion:
10. 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. The authorization to proceed with your proposed impacts or to
conduct impacts to isolated waters as depicted in your application and as authorized by this Permit, shall
expire upon expiration of IWGP100000 (September 30, 2008) or unless otherwise rescinded by the
Director of the Division of Water Quality.
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.
Crescent Resources
Page 5 of 5
July 5, 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.
Sin re y,
Alan W. Klimek, P.E.
AWK/Um
Enclosures: NCDWQ 401 WQC Summary of Permitted Impacts and Mitigation Requirements
GC3494 and GC 3404
IWGP100000
Certificate of Completion
cc: USACE Raleigh Regulatory Field Office
Eric Kulz, DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Central Files
Jason Payne, Soil & Environmental Consultants, P.A., 11010 Raven Ridge Road, Raleigh, 27614
Filename: 060658HiddenLake(Franklin)401+TPBR Revised2
o??? W A r??pr
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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
North Carolina Division of Water Quality
401 Water Quality Certification
Summary of Permitted Impacts and Mitigation Requirements
In accordance with 15A NCAC 2H.0500, Wake Partners, LLC has permission as outlined below to impact 250
linear feet of streams and 50,850 square feet of protected riparian buffer for the purpose(s) of constructing a
residential subdivision and commercial site on Cedar Creek Road in Franklin County. All activities associated
with these authorized impacts must be conducted with the conditions listed in the attached Permit transmittal letter.
THIS CERTIFICATION IS NOT VALID WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENTS, ECOSYSTEM ENHANCEMENT PROGRAM
DWQ PROJECT #: 20060658
LOCATION: Youngsville, NC
COUNTY Franklin
BASIN/ SUB BASIN Tar-Pamlico/03020101
As required by 15A NCAC 2H.0500, and the conditions of this Certification and Tar-Pamlico River Buffer
Authorization, you are required to compensate for the above mitigable impacts through the restoration, creation,
enhancement or preservation of wetlands, 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 and linear foot requirements must be rounded up to the nearest
foot according to 15 2R.0503 (b).
Impacts Mitigation
250 linear feet stream 250 linear feet stream
12,625 Square feet of Zone 1 riparian buffers 37,875 Square feet of Zone 1 riparian buffers
8,465 Square feet of Zone 2 riparian buffers 12,698 Square feet of Zone 2 riparian buffers
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 the form 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
ECOSYSTEM ENHANCEMENT PROGRAM
1652 Mail Service Center
RALEIGH, N.C. 27699-1652
[phone]
Filename: 060658HiddenLake(Franklin)401_TPBR EEP_revised2
One
rCarolina
401 Oversight/Express Review Permitting Unit
uCallr?
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone [phone] / Fax [phone]
Internet: http://www.newaterquality.org
A- C..-1 /1...?..-a....: a../A FA. ?..... F:.... A..?:.... C....«t....e- CAO/ D-.. ,_1_A/I AO/ D....? 1?..«....... e.. D..«--
Soil & Environmental Consultants, PA
11010 Raven Ridge Road • Raleigh, North Carolina 27614 Phone: [phone] • Fax: (919) 846_-9467
www.SandEC.com
June 28, 2006
c) S&EC Project.# 8977.W3
To: N.C. Division of Water Quality
401 Oversight and Express Permits Unit
Attn: Cyndi Karoly
2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604-2260
From: Jason Payne
Soil & Environmental Consultants, PA
11010 Raven Ridge Road
Raleigh, NC 27614
JUN 2 a 2006
ui4 - WATER UUALITY
WETLANDS W 8Tr?WWATFR RWAH
Re: DWQ#06-0658 - Request for Modification of Existing Riparian Buffer Authorization
Hidden Lake, Youngsville, Franklin County, NC
On behalf of the applicant, Crescent Resources, LLC, please find attached a complete application
and supplemental information requesting modification of the existing Riparian Buffer Authorization
from the North Carolina Division of Water Quality. No modifications to the 401 and 404 are
requested. Please note that the request is being made because a transcription error was made
when entering the area for riparian buffer impacts on page 9 of the initial PCN application (Table
Title - Culvert East of Bridge 3: Impacts 4E & 4F, Zone 1). The information provided during the
initial submittal was correct on the original impact maps (Sheet No. 46, Inset 4E) but the above
referenced table was not; therefore, we hereby request modification of the existing riparian buffer
authorization such that the authorization will accurately describe the total area for buffer impacts
as provided below. Because buffer mitigation was not required for this impact, the mitigation
requirements for the project should remain the same. Please contact me at [phone] if you
have any questions or require additional information.
PROJECT SUMMARY
Project Name Hidden Lake
Project Type Residential Subdivision
Owner / A licant Crescent Resources LLC
County Franklin
Nearest Town Youn sville
Waterbod Name Brand Creek
Basin / Sub-basin 03-03-01
Index Number 28-29-3-(1)
Class B;NSW
IMPACT SUMMARY
Stream Impact (acres): 0.0563
Wetland Impact (acres): 0.2947
Open Water Impact (acres): 0.1372
Total Impact to Waters of the U.S. (acres) 0.4882
Total Stream Impact (linear feet): 250 ,
Zone 1 Riparian Buffer Impact (square feet): 26,645
Zone 2 Riparian Buffer Impact (square feet): 24,205
Total Riparian Buffer Impact (square feet): 50,850
Attachments: 1)Revised PCN Application 2) Overall Site Plan and Inset Impact Maps
Charlotte Office: Greensboro Office:
236 LePhillip Court, Suite C 3817-E Lawndale Drive
Concord, NC 28025 Greensboro, NC 27455
Phone: [phone] Phone: [phone]
Fax: [phone] Fax: [phone]
Michael F. Easley, Governor
6
June 5, 2006,
Mr. Greg Garrett
Crescent Resources
11104 Limehurst Place
Charlotte, NC 28278
Subject Property: Hidden Lake
Ut to Brandy Creek [030301, 28-29-3-(1), B, NSW]
QG
1
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William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
DWQ Project # 06-0658
Franklin County
RECEIVE
D
JUN 0 8 2006
Or. Sal S Emkonmental Qmmitanit PA
Approval of 401 Water Quality Certification, Approval of Isolated Wetlands Permit and
Authorization Certificate per the Tar-Pamlico River Buffer Protection Rules (15A NCAC 2B.0259)
with Additional Conditions - REVISED
Dear Mr. Garrett:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 0.2947 acres of wetland, 250 linear feet of perennial stream, 5 linear feet of
previously impacted temporary isolated stream, 0.1372 acres of open water, and 26,592 square feet of
Zone 1 Tar-Pamlico River basin protected riparian buffers and 24,205 square feet of Zone 2 Tar-Pamlico
River basin protected riparian buffers to construct the proposed residential subdivision and commercial
site as described within your application dated April 17, 2006, and received by the N.C. Division of
Water Quality (DWQ) on April 17, 2006, with additional information received by the DWQ on May 9,
2006. After reviewing.your application, we have decided that the impacts are covered by General Water
Quality Certification Number(s) 3494 and 3404 (GC3494 and GC3404). The Certification(s) allows you
to use Nationwide Permit(s) 3 and 14 (NW 3 and NW 14) when issued by the US Army Corps of
Engineers (USACE). This Certification replaces the Certification issued to you on May 18, 2006.
This letter shall also act as your approved Authorization Certificate for impacts to the protected riparian
buffers per 15A NCAC 2B.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. 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.
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 211.0506 (h). This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed below.
Conditions of Certification:
401 Oversight/Express Review Permits Unit
1650 Mal Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone]/FAX [phone]IInternet: htta://h2o.enr.state.nc.us/ncwetlands

An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
Crescent Resources
Page 2 of 5
June 5, 2006
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 nits Plan Location or Reference
404 Wetland 0.2947 acres PCN page 4 and 5 of 11
Stream - perennial 250 linear feet PCN a e 4 and 5 of 11
O en water - and 0.1372 acres PCN page 4 and 5 of 11
Isolated waters : 5 linear feet) I PCN page 6 of 11.
Zone I TPBR Buffer Impacts 26,592 (square feet PCN page 8 and 9 of 11
Zone 2 TPBR Buffer Impacts 24,205 (square feet) I PCN page 8 and 9 of 11
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 404/401Permit 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;
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 214,
Section.0500;
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
Crescent Resources
Page 3 of 5
June 5, 2006
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.ne.us/newetlands. 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.
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.
Crescent Resources
Page 4 of 5
June 5, 2006
9. 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) and donation of perpetual conservation
easements 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), and the EEP and DWQ
approve the conservation easement donation, 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:
Impact Compensatory
Mitigation Required River and Sub-basin
Number
Stream 250 linear feet Tar-Pamlico - 03020101
Buffers 50,573•s uare feet Tar-Pamlico - 03020101
Certificate of Completion:
10. 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. The authorization to proceed with your proposed impacts or to
conduct impacts to isolated waters as depicted in your application and as authorized by this Permit, shall
expire upon expiration of IWGP100000 (September 30, 2008) or unless otherwise rescinded by the
Director of the Division of Water Quality.
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.
Crescent Resources
Page 5 of 5
June 5, 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.
Since rely,
Alan W. Klimek, P.E.
AWKI jm
Enclosures: NCDWQ 401 WQC Summary of Permitted Impacts and Mitigation Requirements
GC3494 and GC 3404
IWGP100000
Certificate of Completion
cc: USACE Raleigh Regulatory. Field Office
Eric Kulz, DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Central Files
Jason Payne, Soil & Environmental Consultants, P.A.,11010 Raven Ridge Road, Raleigh, 27614
Filename: 060658HiddenLake(Franklin)401+TPBR Revised
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, Wake Partners, LLC has permission as outlined below
to impact 250 linear feet of streams and 50,797 square feet of protected riparian buffer for the
purpose(s) of constructing a residential subdivision and commercial site on Cedar Creek Road in
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: 20060658
LOCATION: Youngsville, NC
COUNTY Franklin
BASIN/ SUB BASIN/ INDEX Tar-Pamlico/03020101
As required by 15A NCAC 211.0500, and the conditions of this Certification and Neuse Buffer
Authorization, you are required to compensate for the above 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:
250 linear feet of streams
50,797 square feet of riparian buffer
Mitigation:
250 linear feet of streams
50,573 square feet of riparian buffer
401 Wetlands Certification Unit
1650 Mal Service Center, Raleigh, North Carolina 27699-1650 One
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 North Carolina
Phone: [phone] / FAX [phone] / Internet htto://h2o.enr.state.nc.us/ncwetlands )VAdmully
An Equal opportunity/Attumative Action Employer- 50% Recycled/10% Post Consumer Paper
Crescent Resources
Page 2 of 2
June 5, 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: 060658HiddenlAe(Franklin)401 TPBR EEP revised
Office Use Only: Form Version March 05
USACE Action ID No. DWQ No. h f-' Lo S
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ® Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NWP3 and NWP14
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here:
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
II. Applicant Information
o [Im c?r? od? ?
1. Owner/Applicant Information
Name: Crescent Resources JUN 2 8 2006
Mailing Address: Attn: Greg Garrett
11104 Limehurst Place A WETLANDS AND v?na?ros rwa sTort>A
Charlotte, NC 28278
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: N/A
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Jason Payne
Company Affiliation: Soil & Environmental Consultants, PA
Mailing Address: 11010 Raven Ridge Road
Raleigh, NC 27614
Telephone Number: [phone]
E-mail Address: [e-mail]
Fax Number: [phone]
Page 1 of 11
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Hidden Lake
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): 1864-41-8099
4. Location
County: Franklin Nearest Town: Youngsville
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers/names, landmarks, etc.):
The property is bordered to the east by Cedar Creek Rd. (SR 1116), with Cedar
Creek flowing in from the north, and Brandy Creek flowing in from the
southwest. From Raleigh, take Capital Blvd./ US-1 N. Continue to follow US-1
N. approximately 9.9 miles. Turn Right onto Holden Rd. and continue
approximately 0.3 miles. Stay Straight onto NC-1147 for another mile or so.
NC-1147 becomes Main St. in Youngsville. Continue along Main Street
another 0.7 miles. Main St. becomes Tarboro Rd. Follow Tarboro Rd. away
from Youngsville approximately 0.3 miles. Turn Left onto Cedar Creek Rd. and
follow Cedar Creek Rd. north approximately five miles. The site is on the left.
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 36.0590°N, 78.4462°W
6. Property size (acres): ± 579 acres
7. Name of nearest receiving body of water: UT Brandy Creek (B;NSW); 28-29-3-(1)
Page 2 of 11
8. River Basin: Tar-Pamlico (03-03-01)
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application:
The site has been in agriculture for many years; prior to development, the site
was supporting cattle. Land use in the vicinity of this site is a mix of
residential development, agriculture, and forestland.
10. Describe the overall project in detail, including the type of equipment to be used:
The project consists of the construction of a low density housing
development. An infrastructure of roads servicing the development is
proposed. Dam maintenance at the existing lake is also proposed to stabilize
the area surrounding the outlet pipe and re-grade the emergency spillway.
Heavy equipment typically used for grading and excavation will be utilized for
this project.
11. Explain the purpose of the proposed work:
The purpose of the proposed work is to construct an infrastructure of roads
that will provide internal access for a low-density development surrounding
Cedar Lake. Other impacts associated with Dam maintenance are also
proposed.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
S&EC was retained in September 2004 to delineate jurisdictional wetlands and
streams on the site. On March 14, 2005, Mr. Michael Horan of the NC-DWQ
confirmed the applicability of the Tar-Pamlico buffers to streams throughout the
project. Due to an oversight, Mr. Horan revised the buffer letter on February 6,
2006. A copy of Mr. Horan's revised letter is attached (TPRRO#05-0070).
Ms. Jean Manuel of the USACE met S&EC personnel on-site to review our
delineation and determine stream importance classifications on May 18, 2005.
Page 3 of 11
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
No future permit requests are anticipated for this project.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts:
The proposed activities include impacts to jurisdictional streams and wetlands
for construction of internal roads. Impact 1C will occur in order to stabilize the
dam at the spillway outlet pipe on the lake. This activity is maintenance of an
existing use, and should occur under NWP 3. Similarly, impact 1 B will occur to
re-grade the emergency spillway for the lake. This activity is also maintenance of
an existing structure, and should occur under NWP 3. Impacts 2A, 213, and 2C are
buffer impact only. Impacts 3A and 3D include wetland and pond-fill, respetively.
These impacts are for road construction under NWP 14. Impacts 4A and 413 are
stream and wetland impacts associated with road construction under NWP 14.
Impact 5A is a stream impact associated with road construction under NWP 14.
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
se aratel list impacts due to both structure and flood' g.
Wetland Impact Type of Wetland Located within Distance to Area of
Site Number Type of Impact (e.g., forested, marsh, 100-year
Floodplain Nearest
Stream Impact
(acres)
(indicate on map) herbaceous, bog, etc.) es/no linear feet
1 B Permanent / Fill Emergent/herbaceous Yes 360' 0.1304
3A Permanent / Fill Riparian Wetland Yes 35' 0.0512
46 Permanent / Fill Riparian Wetland Yes 0 0.1131
Total Wetland Impact (acres) 0.2947
Page 4 of 11
3. List the total acreage (estimated) of all existing wetlands on the property:
The site contains approximately 56 acres of jurisdictional and isolated wetlands.
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage, multiply length X width, then divide by 43,560.
Stream Impact
Number
indicate on ma
Stream Name
Type of Impact
Perennial or
Intermittent? Average
Stream Width
Before Impact Impact
Length
linear feet Area of
Impact
acres
1A Brandy Creek Riprap Perennial 2 feet 20 0.0091
4A UT Brandy Creek Culvert Perennial 6.5 feet 90 0.0139
4A UT Brandy Creek Riprap Perennial 12 feet 25 0.0069
5A UT Brandy Creek Culvert Perennial 10 feet 70 0.0161
5A UT Brandy Creek Riprap Perennial 10 feet 45 0.0103
Total Stream Impact (by length and acreage) 250 0.0563
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc.
Open Water Impact
Site Number
indicate on ma Name of Waterbody
(if applicable)
Type of Impact Type of Waterbody
(lake, pond, estuary, sound, bay,
ocean, etc. Area of
Impact
acres
3D Pond (UT Brandy Creek) Fill Pond 0.1372

Total Open Water Impact (acres) 0.1372
6. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Impact (acres): 0.0563
Wetland Impact (acres): 0.2947
Open Water Impact (acres): 0.1372
Total Impact to Waters of the U.S. (acres) 0.4882
Total Stream Impact (linear feet): 250
7. Isolated Waters
Do any isolated waters exist on the property? ® Yes ? No
Page 5 of 11
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
A temporary utility line providing irrigation water to the perimeter of the site
was installed during the initial phase of construction. Impacts to isolated
waters are approximately 5 linear feet of stream and no isolated wetland
impacts are proposed; as such, these impacts are less than the thresholds
required for notification.
8. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Current land use in the vicinity of the pond:
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
The proposed impacts are necessary to allow access to the southern interior of
the site. Due to the presence of four perennial/important streams that bisect the
southern portion of the property from south to north, access to the interior is not
possible without crossing streams and wetland areas. However, in an effort to
plan around jurisdictional areas, the client retained S&EC to identify wetlands and
streams on the site prior to planning. The client also invited the National
Audubon Society to the property prior to site planning to identify sensitive areas
for conservation. S&EC met with project engineers from ESP Associates to
develop an alternative that reduces stream and wetland impacts. Consequently,
the client chose to bridge two wetland and stream complexes near the southern
portion of the Lake and cross the lake at the existing road on the dam. Many
other, large and expansive wetland areas will remain undisturbed during
development. In total, approximately 55.5 acres of jurisdictional and isolated
wetlands will remain undisturbed following development.
Page 6 of 11
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
htip://h2o.enr.state.nc.us/ncwetlands/strmaide.html.
Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
The client proposes payment to NC-EEP for mitigation of resources lost to the
development. An application to EEP has been submitted on behalf of the
project.
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet): 250
Amount of buffer mitigation requested (square feet): 50,573
Page 7 of 11
Amount of Riparian wetland mitigation requested (acres): 0.5
Amount of Non-riparian wetland mitigation requested (acres): 0
Amount of Coastal wetland mitigation requested (acres): 0
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ? No
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No ?
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify V Yes ® No ?
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
Dam Maintenance: IMPACT 1C
Zone* Impact
(square feet Multiplier Required
Mitigation
1 1,000 3 0
2 0 1.5 0
Total 1,000 0
Road at Dam: IMPACTS 2A & 213
Zone* Impact
(square feet Multiplier Required
Mitigation
1 0 3 0
2 9,560 1.5 0
Total 9,560 0
1
Page 8 of I I
Bridge 2: IMPACTS 313 & 3C
Zone* Impact
(square feet Multiplier. Required
Mitigation
1 12,625 3 37,875
2 8,465 1.5 12,697.5
Total 21,090 50,572.5
Bridge 3: IMPACTS 4C & 4D (Western Stream)
v
4
Zone* Impact
(square feet Multiplier Required
Mitigation
1 4,235 3 0
2 2,500 1.5 0
Total 16,715 0
Culvert East of Bridge 3: IMPACTS 4E & 4F (Eastem Stream)
Zone* Impact
(square feet Multiplier Required
Mitigation
1 5,485 3 0
2 1,745 1.5 0
Total 7,177 0
Culvert #25: IMPACTS 56 & 5C
Zone* Impact Multiplier Required
(square feet Mitigation
1 3,300 3 0
2 1,935 1.5 0
Total 5,235 0
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
3. If buffer mitigation is required, please discuss what ;type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 213.0242 or.0244, or.0260.
Buffer impacts on this project are proposed at the outlet pipe for the Dam (1 C)
for dam maintenance, road construction across the existing dam (2A, 213, and
C), Bridge 2 & Road (313 and 3C), Bridge 3 Approach Culvert (4E and 4F),
Bridge 3 & Road (4C and 4D), and the buffer impact associated with Culvert
#25 (513 and 5C). A detailed explanation of mitigation requirements for these
impacts is provided below.
• Dam stabilization - Because the buffer impacts to stabilize the dam
around the outlet pipe are considered maintenance of an existing
structure (the dam), we do not believe buffer mitigation should be
required for this impact.
Page 9 of 11
• Road on top of existing Dam - Because there is an existing gravel road
on the top of the dam, we discounted the impervious surface within the
buffer currently occupied by the existing road (within our proposed
corridor) from the proposed buffer impacts for the proposed
construction. The net result is a buffer impact less than 1/3-acre and
less than 150-linear feet when measured parallel to the stream. Because
the net buffer impact of new construction will impact less than 1/3 acre
and less than 150-linear feet of buffer (measured parallel to the stream),
we do not believe buffer mitigation should be required for this impact.
• Bridge 3 Approach Culvert (4E and 4F) - Because the proposed stream
crossing at this location is perpendicular to the stream, and the buffer
area is less than the thresholds required for mitigation, we do not
believe buffer mitigation should be required for this impact.
• Bridge 3 & Road - Because the proposed stream crossing at Bridge 3 is
perpendicular to the stream, and bridges are "allowable" activities
within the buffer regulations, we do not believe buffer mitigation should
be required for this impact. Moreover, the proposed buffer area impact
is less than the thresholds required for mitigation.
• Culvert #25 - Because the crossing at Culvert #25 is perpendicular to the
stream and the buffer area for this stream crossing is less than the
thresholds required for mitigation (1/3-acre and/or 150-linear feet of
buffer), we do not believe buffer mitigation should be required for these
impacts.
• Bridge 2 & Road, Pond Fill - Because the buffer impacts proposed for
this area are parallel to the surface water, and the buffer impacts exceed
the thresholds required for mitigation (greater than 1/3 acre of riparian
buffer and greater than 150-linear feet of buffer impact) we propose
payment to EEP to mitigate for 50.572.5 square-feet of riparian buffer to
mitigate for these impacts.
XI.
XII.
Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level.
Due to the large lot sizes, large lake, and extensive undisturbed wetland areas, we
anticipated the percent impervious surface for the project will be below 20%.
Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
The development will connect to an existing sanitary sewer system. The
municipality will ensure that this development does not exceed the available
capacity of the facility.
Page 10 of 11
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application? Yes ? No
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ? No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description:
We have reviewed the "DRAFT Internal Policy, Cumulative impacts and the 401
Water Quality Certification and Isolated Wetland Programs" document prepared
by the NC Division of Water Quality on October 3, 2002, version 1.6. The draft
states that most residential subdivisions are unlikely to cause cumulative
impacts. The Woodlands does not meet any of the three criteria of private
projects that can clearly result in cumulative impacts. We anticipate that you will
advise us if a qualitative or quantitative impact analysis is required.
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
?1 G/? ?/off
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 11 of 11
?y
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STREAM CHANNELS
WITH BUFFERS. TYP
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YEILANDS IMPACTS SUMMARY
)lHLAM (IMPORTANT) 250 LF
YETLAND 15,290 SF
)PEN WATERS (POND) 5,975 SF
3UFFERS:
ZONE 1, PERVIOUS 20,335 SF
ZONE 1, IMPERVIOUS -1,025 SF
ZONE 2, PERVIOUS 15,165 SF
7(1nIC 7 II1oCDlfil11 IC` i4 - -
0 300 600 1200
( IN FEET )
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+ i i M N FOR LAKE
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rt EXISTING WA TER
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?? I N 60 0 30 30 120 240
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DISTANCE (FT.)
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0+00 0+10 0+20 0+30 0+40 0+50 0+60 0+70 0+80
DISTANCE (FT.)
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NO. 4E B?UFTR x
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Y1 BUFFER IMPACT = 3815 PERVIOUS SF I I ?? l I \ \ z
3 ? IMPERVIOUS F
5 PER OUS SF
I I ?I \ RIPRAN?UIE I
l INSET NO. IF
r1 INSETS NO. 4D Z2 BUFFER1d?PT = 1 \ \ 3l?`FEE\ 1
I Z2 BUF)Tl? IMPACT 600 1MPkRV10ZSL6F1!- • I (l \
605 IMPERVIOUS SF 1145 PERVIOUS SF
elf 1895 PERVIOUS SF \
VIII} `? ?? ? \ r , ,p
GRAPHI SCALE r
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80 I 1 1 ?? ??
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320
310
300
CQ
UN
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LOW POI NT ELEV = 3K .49 +
LOW POI T STA = 50+9 .74 inn -
PVI TA = 50+65.01
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nLn C_unt,, IVC --- -----

(pervious) I. (impervious) (pervious) ? ----- ?

(impervious) ._- --;

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t

Locati

I CH & JW CH TPB-Z1 TPB-Z1 - - - TPB-Z2
TPB Z2--
-- -- I
on } nset No. Type Area (sf) ; Length (If) Area (sf) j Area (sf) Area (sf) Area (sf) ?I

D
O
tl
t
Ri {
am
u
e
-
prap 1A CH 400 20 ---
Dam Outlet - Spillway j
- Dam Outlet - Riprap 1B
- 1C JW
TPB-Z1 (pervious) 5680 (
----? -
- - i -
1000-?-- _
- _
- -- `?

A -Existing Road at Dam
B - New Road at Dam
C - O%edap of Existing & New
Pro
osed Net Im
act
B
C 2C
2A and 213
2A and 2B TPB-Z1 and ZZ
TPB-Z1 and Z2
TPB-Z1 and Z2 -
-
- -
-
- 0 I 7770
435 ' 0
435 j 0 0
5170
4450 1800
8840
0 Nate: These Numbers
excluded from Totals
below.
p
p
(
-
) - ( TPB-Z1 and Z2 - - 0 0 720 8840

Bridge 2 - Wetland 3A JW 2230 - - --
Brid
e 2 & Road
g 36 TPB-Z1 (perVous) - - 9370
Bridge 2 & Road 3B TPB-Z1 (imperVous) - - - 3255 - -
Bdd
e 2 & R
d
g
oa 3C TPB-Z2 (peruous) - - - 5980 -
Brid
e 2 & R
d
g
oa 3C TPB-Z2 (imperVous) - - 2485
Brid
e 2 - P
nd Fill
g
o 3D JW (pond fill) 5975

j
Brid
e 3 - Cuh
t
g
er
. 4A CH 605 90
Bridge 3 - Riprap 4A CH 300 25
Bdd
e 3 - Wetland
g 4B JW 4925 - -
Brid
e 3 & Road - West
St
g
ream
ern 4C TPB-Z1 (peruous) - - 3845 - -
Bridge 3 & Road - Western Stream 4C TPB Z1(imperuous) - - - 390 - -
Bdd
e 3 & Road - Western St D
g
ream 4 TPB-Z2 (peruous) - - - - 1895 -
136dge 3 & Road - Western Stream 4D TPB-Z2(imperuous) - - _ _ _ 605
Bridge 3 & Road - Eastem Stream 4E TPB-Z1 (peruous) - - 3815 -
Brid
e 3 & Road - Eastern St
g
ream 4E TPB-Z1 (imperuous) - - - 1670 - -
Bdd
e 3 & Road - Ea
St
t
g
s
ream
ern 4F TPB-Z2 (pervious) - - - I - 1145 -
Bddge 3 & Road - Eastern Stream 4F TPB-Z2(imperuous) - - - I - - 600
i
Culvert # 25 - Pi
e
p 5A CH 700 70 - j - _ _
Culvert # 25 - Riprap
Culvert # 25 - Road
Cul%ert # 25 - Road 5A
56
5B CH _
TPB Z1 (peruous)
TPB-Z1 (impenious) 450

- 45

-
1870 - ---
- j 1430
-
-
---
--- -.?.
Culvert # 25 - Road 5C TPB-Z2 (perVous) - - 975 -
l
C
t # 25
R
d
u
wr
-
oa 5C TPB-Z2 (impeuous) - - 960

Note
Th
T
l
t
:
ese
o
a
s
j Totals 21,265 j 250 19,900 6,745 9,995 I 4,650 exclude Road at Dam
CH = Stream Channel
=Jurisdictional Wetland TPB-Z1 = Tar-Pamlico Buffer,
Zone 1(0 to 30) TPB-Z2 = Tar-Pamlico Buffer,
Zone 2 (30' to 50j abo\e,

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