20051098 Ver 1_Complete File_20050607

WQC #3404
GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR CORPS OF ENGINEERS
NATIONWIDE PERMIT NUMBER 14 (ROAD CROSSINGS) AND REGIONAL GENERAL
PERMIT 198200031 (WORK ASSOCIATED WITH BRIDGE CONSTRUCTION, MAINTENANCE
OR REPAIR CONDUCTED BY NCDOT OR OTHER GOVERNMENT AGENCIES)
AND RIPARIAN AREA PROTECTION RULES (BUFFER RULES)
This General 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 15A NCAC 2H, Section .0500 and 15A NCAC 213 .0200 for
the discharge of fill material to waters and adjacent wetland areas or to wetland areas that are not
a part of the surface tributary system to interstate waters or navigable waters of the United States
(i.e., isolated wetlands) as described in 33 CFR 330 Appendix A (B) (14) of the Corps of
Engineers regulations (Nationwide Permit No. 14 and Regional General Permit 198200031) and
for the Riparian Area Protection Rules (Buffer Rules) in 15A NCAC 2B .0200. The category of
activities shall include any fill activity for road crossings and is limited to fill less than one-third
acre in tidal waters and less than one-half acre in non-tidal waters. This Certification replaces
Water Quality Certification Number 2177 issued on November 5, 1987, Water Quality Certification
Number 2666 issued on January 21, 1992, Water Quality Certification Number 2732 issued on
May 1, 1992, Water Quality Certification Number 3103 issued on February 11, 1997, Water
Quality Certification Number 3289 issued on June 1, 2000 and Water Quality Certification
Number 3375 issued March 18, 2002. This WQC is rescinded when the Corps of Engineers re-
authorizes Nationwide Permit 14 or Regional General Permit 198200031or when deemed
appropriate by the Director of DWQ.
The State of North Carolina certifies that the specified category of activity will not violate
applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217
if conducted in accordance with the conditions hereinafter set forth.
Conditions of Certification:
1. Enumerating and Reporting of Impacts:
Streams - Impacts to streams as determined by the Division of Water Quality shall be
measured as length of the centerline of the normal flow channel. Permanent and/or
temporary stream impacts shall be enumerated on the entire project for all impacts
regardless of which 404 Nationwide Permits are used. Stream relocations and stream
bed and/or bank hardening are considered to be permanent stream impacts. Any
activity that results in a loss of use of stream functions including but not limited to
filling, relocating, flooding, dredging and complete shading shall be considered
stream impacts. Enumeration of impacts to streams shall include streams enclosed
by bottomless culverts, bottomless arches or other spanning structures when a 404
Permit is used anywhere in a project unless the entire structure (including
construction impacts) spans the entire bed and both banks of the stream, is only
used for a road, driveway or path crossing, and is not mitered to follow the stream
pattern. Impacts for dam footprints and flooding will count toward the threshold for
stream impacts, but flooding upstream of the dam will not (as long as no filling,
excavation, relocation or other modification of the existing stream dimension, pattern
or profile occurs) count towards mitigation requirements.
Wetlands - Impacts to wetlands as determined by the Division of Water Quality shall
be measured as area. Permanent and/or temporary wetland impacts shall be
enumerated on the entire project for all impacts regardless of which 404 Nationwide
Permits are used. Any activity that results in a loss of use of wetland functions
including but not limited to filling, draining, and flooding shall be considered wetland
impacts. Enumeration of impacts to wetlands shall include activities that change the
hydrology of a wetland when a 404 Permit is used anywhere in a project.
r
WQC #3404
• Lakes and Ponds - Lake and Pond Impacts Enumeration- Impacts to waters other
than streams and wetlands as determined by the Division of Water Quality shall be
measured as area. Permanent and/or temporary water impacts shall be enumerated
on the entire project for all impacts proposed regardless of which 404 Nationwide
Permits are used. Any activity that results in a loss of use of aquatic functions
including but not limited to filling and dredging shall be considered waters impacts;
2. Proposed fill or substantial modification of wetlands or waters (including streams) under
this General Certification requires application to and prior written concurrence from the
Division of Water Quality;
3. Application to and payment of a fee to DWQ is not required for construction of a driveway
to a single family lot as long as the driveway impacts less than 25 feet of stream channel
including any in-stream stabilization needed for the crossing;
4. Impacts to any stream length in the Neuse, Tar-Pamlico or Randleman River Basins (or
any other major river basins with Riparian Area Protection Rules [Buffer Rules] in effect at
the time of application) requires written concurrence for this Certification from DWQ in
accordance with 15A NCAC 213.0200. Activities listed as "exempt" from these rules do not
need to apply for written concurrence under this Certification. New development activities
located in the protected 50-foot wide riparian areas (whether jurisdictional wetlands or not)
within the Neuse and Tar-Pamlico River Basins shall be limited to "uses" identified within
and constructed in accordance with 15A NCAC 2B .0200. All new development shall be
located, designed, constructed, and maintained to have minimal disturbance to protect
water quality to the maximum extent practicable through the use of best management
practices;
Irrespective of other application thresholds in this General Certification, all impacts to
perennial waters and their associated buffers require written approval from DWQ since
such impacts are allowable as provided in 15A NCAC 2B. 0212 (WS-1), 2B .0213 (WS-II),
213 .0214 (WS-III) and 2B .0215 (WS-IV). Only water dependent activities, public projects
and structures with diminimus increases in impervious surfaces will be allowed as outlined
in those rules. All other activities require a variance from the delegated local government
and/or the NC Environmental Management Commission before the 401 Water Quality
Certification can be processed. In addition, a 30 foot wide vegetative buffer for low
density development or a 100 foot wide vegetative buffer for high density development
must be maintained adjacent to all perennial waters except for allowances as provided
under the Water Supply Watershed Protection Rules. For the purposes of this condition,
perennial waters are defined as those shown as perennial waters on the most recent
USGS 1:24,000 topographic map or as otherwise determined by local government
studies;
6. Additional site-specific stormwater management requirements may be added to this
Certification at DWQ's discretion on a case by case basis for projects that have or are
anticipated to have impervious cover of greater than 30 percent. Site-specific stormwater
management shall be designed to remove 85% TSS according to the latest version of
DWQ's Stormwater Best Management Practices manual at a minimum.
Additionally, in watersheds within one mile and draining to 303(d) listed waters, as well as
watersheds that are classified as nutrient sensitive waters (NSW), water supply waters
(WS), trout waters Jr), high quality waters (HQW), and outstanding resource waters
(ORW), the Division shall require that extended detention wetlands, bio-retention areas,
and ponds followed by forested filter strips (designed according to latest version of the NC
DENR Stormwater Best Management Practices Manual) be constructed as part of the
stormwater management plan when a site-specific stormwater management plan is
required.
WQC #3404
Alternative designs may be requested by the applicant and will be reviewed on a case-by-
case basis by the Division of Water Quality.
Approval of stormwater management plans by the Division of Water Quality's other
existing state stormwater programs including appropriate local programs are sufficient to
satisfy this Condition as long as the stormwater management plans meet or exceed the
design requirements specified in this condition. This condition applies unless more
stringent requirements are in effect from other state water quality programs.
• Unless specified otherwise in the approval letter, the final, written stormwater
management plan shall be approved in writing by the Division of Water Quality's
Wetlands Unit before the impacts specified in this Certification occur.
• The facilities must be designed to treat the runoff from the entire project, unless
otherwise explicitly approved by the Division of Water Quality.
• Also, before any permanent building or other structure is occupied at the subject site,
the facilities (as approved by the Wetlands Unit) shall be constructed and operational,
and the stormwater management plan (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.
7. Compensatory stream mitigation shall be required at a 1:1 ratio for not only perennial but
also intermittent stream impacts that require application to DWQ in watersheds classified
as ORW, HQW, Tr, WS-1 and WS-11 unless the project is a linear, publicly-funded
transportation project, which has a 150-foot per-stream impact allowance;
8. In accordance with North Carolina General Statute Section 143-215.3D(e), any
application for a 401 Water Quality Certification must include the appropriate fee.
If a project also requires a CAMA Permit, one payment to both agencies shall be
submitted through the Division of Coastal Management and will be the higher of the two
fees;
In accordance with 15A NCAC 2H .0506 (h) compensatory mitigation may be required for
impacts to 150 linear feet or more of streams and/or one acre or more of wetlands. For
linear public transportation projects, impacts equal to or exceeding 150 feet per stream
may require mitigation. In addition, buffer mitigation may be required for any project with
Buffer Rules in effect at the time of application for buffer impacts resulting from activities
classified as "allowable with mitigation" within the "Table of Uses" section of the Buffer
Rules or require a variance under the Buffer Rules. A determination of buffer, wetland
and stream mitigation requirements shall be made for any Certification for this Nationwide
Permit. The most current design and monitoring protocols from DWQ shall be followed
and written plans submitted for DWQ approval as required in those protocols. When
compensatory mitigation is required for a project, the mitigation plans must be approved
by DWQ in writing before the impacts approved by the Certification occur, unless
otherwise specified in the approval letter. The mitigation plan must be implemented and/or
constructed before any permanent building or structure on site is occupied. In the case
of public road projects, the mitigation plan must be implemented before the road is
opened to the travelling public. Projects may also be implemented once payment is made
to a private mitigation bank or other in-lieu fee program, as specified in the written
concurrence of 401 Certification for a project. Please note that if a stream relocation is
conducted as a stream restoration as defined in The Internal Technical Guide for Stream
Work in North Carolina , April 2001, the restored length can be used as compensatory
mitigation for the impacts resulting from the relocation;
WQC #3404
10. For any project involving re-alignment of streams, a stream relocation plan must be
included with the 401 application for written DWQ approval. Relocated stream designs
should include the same dimensions, patterns and profiles as the existing channel, to the
maximum extent practical. The new channel should be constructed in the dry and water
shall not be turned into the new channel until the banks are stabilized. Vegetation used for
bank stabilization shall be limited to native woody species, and should include
establishment of a 30 foot wide wooded and an adjacent 20 foot wide vegetated buffer on
both sides of the relocated channel to the maximum extent practical. A transitional phase
incorporating coir fiber and seedling establishment is allowable. Also, rip-rap may be
allowed if it is necessary to maintain the physical integrity of the stream, but the applicant
must provide written justification and any calculations used to determine the extent of rip-
rap coverage requested. If suitable stream mitigation is not practical on-site, then stream
impact will need to be mitigated elsewhere;
11. Placement of culverts and other structures in waters, streams, and wetlands must be
placed below the elevation of the streambed to allow low flow passage of water and
aquatic life unless it can be shown to DWQ that providing passage would be impractical.
Design and placement of culverts including open bottom or bottomless arch culverts and
other structures including temporary erosion control measures shall not be conducted in a
manner that may result in aggradation, degradation or significant changes in hydrology of
wetlands or stream beds 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 to do so in writing by DWQ. Additionally, when roadways,
causeways or other fill projects are constructed across FEMA-designated floodways or
wetlands, openings such as culverts or bridges must be provided to maintain the natural
hydrology of the system as well as prevent constriction of the floodway that may result in
aggradation, degradation or significant changes in hydrology of streams or wetlands;
12. That appropriate sediment and erosion control practices which equal or exceed those
outlined in the most recent version of the "North Carolina Sediment and Erosion Control
Planning and Design Manual" or the "North Carolina Surface Mining Manual" whichever is
more appropriate (available from the Division of Land Resources (DLR) in the DENR
Regional or Central Offices) shall be in full compliance with all specifications governing
the proper design, installation and operation and maintenance of such Best Management
Practices in order to assure compliance with the appropriate turbidity water quality
standard;
13. All sediment and erosion control measures placed in wetlands and waters shall be
removed and the original grade restored within two months after the Division of Land
Resources has released the project;
14. That additional site-specific conditions may be added to projects proposed under this
Certification in order to ensure compliance with all applicable water quality and effluent
standards;
15. Measures shall be taken to prevent live or fresh concrete from coming into contact with
freshwaters of the state until the concrete has hardened;
16. If an environmental document is required, this Certification is not valid until a Finding of
No Significant Impact (FONSI) or Record of Decision (ROD) is issued by the State
Clearinghouse;
17. If this Certification is used to access building sites, all lots owned by the applicant must be
buildable without additional fill beyond that explicitly allowed under other General
WQC #3404
Certifications. For road construction purposes, this Certification shall only be utilized from
natural high ground to natural high ground;
18. When written concurrence is required, the applicant is required to use the most recent
version of the Certification of Completion form to notify DWQ when all work included in the
401 Certification has been completed;
19. Concurrence from DWQ that this Certification applies to an individual project shall expire
three years from the date of the cover letter from DWQ or on the same day as the
expiration date of the corresponding Nationwide Permit 14 or Regional General Permit
198200031, whichever is sooner.
Non-compliance with or violation of the conditions herein set forth by a specific fill project
may result in revocation of this Certification for the project and may also result in criminal and/or
civil penalties.
The Director of the North Carolina Division of Water Quality may require submission of a
formal application for Individual Certification for any project in this category of activity that
requires written concurrence under this certification, if it is determined that the project is likely to
have a significant adverse effect upon water quality or degrade the waters so that existing uses of
the wetland or downstream waters are precluded.
Public hearings may be held for specific applications or group of applications prior to a
Certification decision if deemed in the public's best interest by the Director of the North Carolina
Division of Water Quality.
Effective date: March 2003
DIVISION OF WATER QUALITY
By
Alan W. Klimek, P.E.
Director
WQC # 3404
T' .
?OF W ATFRQ Michael F. Easley, Governor
William G. Ross Jr., Secretary
0 North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
August 5, 2005
DWQ Project # 05-1098
Pitt County
Mr. Steve Krpata
Brighton Place of Greenville, LLC & Frog Level, LLC
2361 Portertown Road
Greenville, NC 27858
Subject Property: Brighton Place, Section 3
Greenville, NC
Approval of 401 Water Quality Certification and Authorization Certificate per the Neuse River
Buffer Protection Rules (15A NCAC 2B .0233) with Additional Conditions
Dear Mr. Krpata:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 216 feet of streams and 8,134 square feet (ftz) of protected riparian buffers for
the purpose of connecting existing sections of Brighton Place subdivision to the portion of the property
southwest of Gum Swamp and to provide vehicular access to this portion of the property, as described
within your application dated June 17, 2005, and received by the N.C. Division of Water Quality (DWQ)
on June 20, 2005. After reviewing your application, we have decided that the impacts are covered by
General Water Quality Certification Number(s) 3404 (GC3404). The Certification(s) allows you to use
Nationwide Permit(s) NW 14 when issued by the US Army Corps of Engineers (USACE). This letter
shall also act as your approved Authorization Certificate for impacts to the protected riparian buffers per
15A NCAC 2B .0233. In addition, you should obtain or otherwise comply with any other required
federal, state or local permits before you go ahead with your project including (but not limited to) Erosion
and Sediment Control, and Non-discharge regulations. Also, this approval to proceed with your
proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon
expiration of the 404 or CAMA Permit.
This approval is for the purpose and design that you described in your application. If you change your
project, you must notify us and you may be required to send us a new application. If the property is sold,
the new owner must be given a copy of this Certification and approval letter and is thereby responsible for
complying with all conditions. If total fills for this project (now or in the future) exceed one acre of
wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A
NCAC 2H.0506 (h). This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: httnJ/h2o.enr.state.nc.us/ncwetlands
Noy` Carolina
Naturally
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Brighton Place of Greenville, LLC & Frog Level, LLC
Page 2 of 3
August 5, 2005
Amount Approved (Units) Plan Location or Reference
Stream 216 (feet) PCN
Buffers 8,134 (square ft.) PCN
2. Erosion & Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices in order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual. The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor-owned or leased borrow pits associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
3. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond
the footprint of the impacts depicted in the Pre-Construction Notification. All construction
activities, including the design, installation, operation, and maintenance of sediment and erosion
control Best Management Practices, shall be performed so that no violations of state water quality
standards, statutes, or rules occur.
4. No Sediment & Erosion Control Measures w/n Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum
extent practicable. If placement of sediment and erosion control devices in wetlands and waters
is unavoidable, they shall be removed and the natural grade restored within six months of the date
that the Division of Land Resources has released the project.
5. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
certificate of completion to the 401 Oversight/Express Review Permitting Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
6. Compensatory Mitigation Using the Ecosystem Enhancement Program (EEP)
Mitigation must be provided for the proposed impacts as specified in the table below. We
understand that you wish to make a payment to the Wetlands Restoration Fund administered by
the NC Ecosystem Enhancement Program (EEP) to meet this mitigation requirement. This has

Brighton Place of Greenville, LLC & Frog Level, LLC
Page 3 of 3
August 5, 2005
been determined by the DWQ to be a suitable method to meet the mitigation requirement. Until
the EEP receives and clears your check (made payable to: DENR - Ecosystem Enhancement
Program Office), no impacts specified in this Authorization Certificate shall occur. The EEP
should be contacted at [phone] if you have any questions concerning payment into a
restoration fund. You have one month from the date of this approval to make this payment. For
accounting purposes, this Authorization Certificate authorizes payment into the Wetlands
Restoration Fund to meet the following compensatory mitigation requirement:
Compensatory Mitigation
Required River and Sub-basin Number
Stream 216 (feet) Neuse/03020202
7. Written Stormwater Management Plan (Final Plan Needed)
A final, written stormwater management plan (including a signed and notarized Operation and
Maintenance Agreement) shall be submitted to the 401 Oversight and Express Permitting Unit
(2321 Crabtree Blvd., Suite 250, Raleigh, NC, 27604) within 60 days of the issuance of the 401
Water Quality Certification. The stormwater management plans shall be approved in writing by
this Office before the impacts specified in this Certification occur per Condition No. 6 in GC No.
3404. You have the option of using the Express Review Program for expedited approval of these
plans. If you propose to use the Express Review Program, remember to include the appropriate
fee with the plan. The stormwater management plan must include plans, specifications, and
worksheets for stormwater management facilities that are appropriate for the surface water
classification and designed to remove at least 85% TSS according to the most recent version of
the NC DENR Stormwater Best Management Practices Manual. These facilities must be
designed to treat the runoff from the entire project, unless otherwise explicitly approved by the
Division of Water Quality. Also, before any permanent building is occupied at the subject site,
the facilities (as approved by this Office) shall be constructed and operational, and the stormwater
management plan (as approved by this Office) shall be implemented. The structural stormwater
practices as approved by this Office 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.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application and as authorized by this Certification, shall expire upon
expiration of the 404 or CAMA Permit.
If you do not accept any of the conditions of this Certification (associated with the approved wetland or
stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that
you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of
the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a
hearing.
Any disputes over determinations regarding this Authorization Certificate (associated with the approved
buffer impacts) shall be referred in writing to the Director for a decision. The Director's decision is
subject to review as provided in Articles 3 and 4 of G.S. 150B.
Brighton Place of Greenville, LLC & Frog Level, LLC
Page 4 of 3
August 5, 2005
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act and the Neuse riparian buffer protection rule as described within 15A NCAC 2B .0233. If you have
any questions, please telephone Deborah Edwards or Ian McMillan at 919-733-1786.
Sincerely,
PW.ek, P.E.
AWK/ijnt
Enclosures: GC 3404
Certificate of Completion
cc: Bob Zarzecki, Soil & Environmental Consultants, PA, 11010 Raven Ridge Road, Raleigh, NC 27614
USACE Washington Regulatory Field Office
DWQ Washington Regional Office
DLR Washington Regional Office
File Copy
Central Files
Filename: 05109813rightont laceSec3(Pitt)401-buffers
>_'?
O?O? W AT ?RpG
1 _ i r-
O `C
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, Brighton Place of Greenville, LLC & Frog Level, LLC has permission as
outlined below to impact 216 linear feet of streams for the purpose(s) of constructing the proposed Brighton Place
subdivision improvements in Pitt County. All activities associated with these authorized impacts must be conducted
with the conditions listed in the attached Permit transmittal letter. THIS PERMIT IS NOT VALID WITHOUT THE
ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENTS, ECOSYSTEM ENHANCEMENT PROGRAM
LOCATION: Greenville, NC
COUNTY Pitt
BASIN/ SUB BASIN Neuse/03020202
As required by 15A NCAC 2H.0500, and the conditions of this Permit, you are required to compensate for the above
impacts through the restoration, creation, enhancement or preservation of wetlands and surface waters as outlined
below prior to conducting any activities that impact or degrade the waters of the state.
Note: Acreage requirements proposed to be mitigated through the Ecosystem Enhancement Program must be
rounded to one-quarter acre increments and linear foot requirements must be rounded up to the nearest foot
according to 15 2R.0503(b).
Impacts Mitigation
216 Linear feet of streams 216 Linear feet of streams
In correspondence dated August 5, 2005, the EEP indicated that up to 216 linear feet of mitigation will be conducted
by EEP if necessary.
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: 051098BrightonPlaceS ec3(Pitt)401-EEP
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.state.nc.us/ncvvetlands
One
NhCarolina
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FACSIMILE SHEET
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The following items are being faxed. Number of pages including transmittal sheet. 9-
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401 comments
Subject: 401 comments
From: Tom Steffens <[e-mail]>
Date: Thu, 04 Aug 2005 07:58:37 -0400
To: Ian McMillan <[e-mail]>, Laurie Dennison <[e-mail]>
the following have been reviewed by waRO as per the tracking list. However, regional
comments cannot be entered into BIMS for some reason,. Please to add them at your
convienence.
Thank you
toms
20051162 Currituck Jim Owens 3-Aug dcm maj 25-Jul
HOLD- WaRO does not consider this maintenance dredging,last time maintained mid
80's, previously inland lake. Needs complete flushing model, SAV survey required,
secondary and cumulative impacts w/ future enlargement dredging issues inadequately
discussed. Also see WRC/Tripp comments.
20051159 Dare Kitty Hawk Landing Homeowners Assoc 3-Aug dcm maj
23-Jun
Issue n/c
20051099 Dare Colington Point LLc 3-Aug dcm maj 17-May
Issue nc
20051098 Pitt Brighton Place sec III 3-Aug nw14 NBR 25-Jun
Issue w/cond- strm h2o plan necessary if over 30% rule, mitigation as required by
Corp necessary provide EEP documentation
20051161 Dare Roy Etheridge TNT Concrete 3-Aug dcm maj 23-Jun
Issue n/c
20051160 Perquimmons F.J. Outland and Broughton Dail 3-Aug dcm maj
23-Jun
Issue n/c
20050563 Pitt Vanrack, Vancroft sec III 3-Aug nw 18 22-Jun
Issue n/c
1 of 1 8/4/2005 10:35 AM
Triage Check List
Date.
Project Name:
DWQ#:
C ?3
-fowl
To: ? - ARO Kevin B arnett
? FRO Ken Averitte
? MRO Alan Johnson
?R R () Mik?PL4? ?-
From:
County:l ( 1
E3 WaRO Tons Steffens and Kyle Barnes
? WiRO Noelle Lutheran
? WSRO Daryl Lamb
Telephone : (919)
The file attached is being forwardedo our for your evaluation.
Please call if you need\asWstance.
? Stream length impacted
? Stream determination
? Wetland determination and distance to blue-line surface,.waters on USFW topo maps
? ation/avoidance issues
Buffer Rules (Meuse, Tar-Pamlico, Catawba, Randleman)
? Pond fill
? Mitigation Ratios
? Ditching
? Are the stream and or wetland mitigation sites available and viable?
? Check drawings for accuracy
? Is the application consistent with pre-application meetings? -
? Cumulative impact concern
Comments:
WAIF Michael F. Easley, Governor
`OHO 9oG William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
? Gregory J. Thorpe, Ph.D.
Acting Director
p .? Division of Water Quality
WATER QUALITY SECTION
November 10, 2005
CERTIFIED MAIL
RETURNED RECEIPT REQUESTED
Mr. Steve Krpata
Brighton Place of Greenville, LLC & Frog Level, LLC
2361 Portertown Road
Greenville, NC 27858
Subject: Notice of Violation of 15A NCAC 02H.1000
Failure To Comply With 401 Water Quality
Certification Additional Conditions
Brighton Place Section 3
Pitt County
Dear Mr. Krpata:
On August 5, 2005, a 401 Water Quality Certification (DWQ Project No. 05-1098) was issued for the subject
tract. The following bullets are issues that coincide with conditions of the Certification (see attached
Certification, dated August 5, 2005):
Additional Condition No. 7 - Written Stormwater Management Plan (Final Plan Needed)
A final, written stormwater management plan (including a signed and notarized Operation and
Maintenance Agreement) shall be submitted to the 401 Oversight and Express Permitting Unit (2321
Crabtree Blvd., Suite 250, Raleigh, NC, 27604) within 60 days of the issuance of the 401 Water Quality
Certification. The stormwater management plans shall be approved in writing by this Office before the
impacts specified in this Certification occur per Condition No. 6 in GC No. 3404. You have the option
of using the Express Review Program for expedited approval of these plans. If you propose to use the
Express Review Program, remember to include the appropriate fee with the plan. The stormwater
management plan must include plans, specifications, and worksheets for stormwater management
facilities that are appropriate for the surface water classification and designed to remove at least 85%
TSS according to the most recent version of the NC DENR Stormwater Best Management Practices
Manual. These facilities must be designed to treat the runoff from the entire project, unless otherwise
explicitly approved by the Division of Water Quality. Also, before any permanent building is occupied
at the subject site, the facilities (as approved by this Office) shall be constructed and operational, and the
stormwater management plan (as approved by this Office) shall be implemented. The structural
stormwater practices as approved by this Office 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.
On November 8, 2005, Mr. Ian McMillan of the DWQ spoke with Brian Fegundas of Rivers & Associates, Inc.
of Greenville, North Carolina regarding this project. Mr. Fegundas indicated that his firm had been retained by
M
N 1817 Mail RPrvira ranter Ralainh Nr 97RgR-1817 MAI 733-Inv; C:iictnmar Aarvira
Brighton Place of Greenville, LLC & Frog Level, LLC
Page 2 of 3
November 10, 2005
Brighton Place of Greenville, LLC & Frog Level, LLC for assistance on this project. Specifically, Mr.
Fegundas was seeking information regarding the application of Additional Condition No. 7 as referenced above
in the 401 Water Quality Certification. A final, written stormwater plan, which was to have been submitted
to the DWQ per Additional Condition No. 7 (as referenced above) by October 3, 2005, has not been
received by this office.
This Office requires that violations, as detailed above, be abated immediately. Also please note, these
violations and any future violations are subject to civil penalty assessment of up to $25,000.00 per day for each
violation. This Office requests that you respond to this letter, in writing, within 20 days of receipt of this
Notice. Your response should address the following items:
1. Please indicate when (a date) the written stormwater management plan will be submitted as required in
Additional Condition No. 7 of the 401 Water Quality Certification.
Additionally, please be advised that per Condition No. 6 of GC3404 (NW14) that was issued to you:
"Additional site-specific stormwater management requirements may be added to this Certification at DWQ's
discretion on a case by case basis for projects that have or are anticipated to have impervious cover of greater
than 30 percent. Site-specific stormwater management shall be designed to remove 85% TSS according to the
latest version of DWQ's Stormwater Best Management Practices manual at a minimum. Additionally, in
watersheds within one mile and draining to 303(d) listed waters, as well as watersheds that are classified as
nutrient sensitive waters (NSW), water supply waters (WS), trout waters (Tr), high quality waters (HQW), and
outstanding resource waters (ORW), the Division shall require that extended detention wetlands, bio-retention
areas, and ponds followed by forested filter strips (designed according to latest version of the NCDENR
Stormwater Best Management Practices Manual) be constructed as part of the stormwater management plan
when a site-specific stormwater management plan is required.
Alternative designs may be requested by the applicant and will be reviewed on a case-by-case basis by the
Division of Water Quality. Approval of stormwater management plans by the Division of Water Quality's other
existing State stormwater programs including appropriate local programs are sufficient to satisfy this Condition
as long as the stormwater management plans meet or exceed the design requirements specified in this condition.
This condition applies unless more stringent requirements are in effect from other state water quality programs.
• Unless specified otherwise in the approval letter, the final, written stormwater management plan shall be
approved in writing by the Division of Water Quality's Wetlands Unit before the impacts specified in
this Certification occur.
• The facilities must be designed to treat the runoff from the entire project, unless otherwise explicitly
approved by the Division of Water Quality.
• Also, before any permanent building or other structure is occupied at the subject site, the facilities (as
approved by the Wetlands Unit) shall be constructed and operational, and the stormwater management
plan (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.
Brighton Place of Greenville, LLC & Frog Level, LLC
Page 3 of 3
November 10, 2005
• No changes to the structural stormwater practices shall be made without written authorization from the
Division of Water Quality.
If you have any questions, please do not hesitate to contact Mr. Ian McMillan of my staff at 919-715-4631.
Enclosures:
Approval of 401 Water Quality Certification and Authorization Certificate per the Neuse
River Buffer Protection
• GC 3404
cc: Bob Za>zecki, Soil & Environmental Consultants, PA, 11010 Raven Ridge Road, Raleigh, NC 27614
Brian Fegundas, Rivers and Associates, Inc., P.O. Box 929, Greenville, NC 27835
USACE Washington Regulatory Field Office
DWQ Washington Regional Office
DLR Washington Regional Office
File Copy
Central Files
Filename: 051098 BrightonPlaceS ec3(Pitt)NOV
Sincerely,
4u F WATF9Q Michael F. Easley, Governor
?i William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
p .? Alan W. Klimek, P.E. Director
Division of Water Quality
August 5, 2005
DWQ Project # 05-1098
Mr. Steve Krpata
Brighton Place of Greenville, LLC & Frog Level, LLC
2361 Portertown Road
Greenville, NC 27858
Subject Property: Brighton Place, Section 3
Greenville, NC
Pitt County
Approval of 401 Water Quality Certification and Authorization Certificate per the Neuse River
Buffer Protection Rules (15A NCAC 2B .0233) with Additional Conditions
Dear Mr. Krpata:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 216 feet of streams and 8,134 square feet (ft') of protected riparian buffers for
the purpose of connecting existing sections of Brighton Place subdivision to the portion of the property
southwest of Gum Swamp and to provide vehicular access to this portion of the property, as described
within your application dated June 17, 2005, and received by the N.C. Division of Water Quality (DWQ)
on June 20, 2005. After reviewing your application, we have decided that the impacts are covered by
General Water Quality Certification Number(s) 3404 (GC3404). The Certification(s) allows you to use
Nationwide Permit(s) NW 14 when issued by the US Army Corps of Engineers (USACE). This letter
shall also act as your approved Authorization Certificate for impacts to the protected riparian buffers per
15A NCAC 213 .0233. In addition, you should obtain or otherwise comply with any other required
federal, state or local permits before you go ahead with your project including (but not limited to) Erosion
and Sediment Control, and Non-discharge regulations. Also, this approval to proceed with your
proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon
expiration of the 404 or CAMA Permit.
This approval is for the purpose and design that you described in your application. If you change your
project, you must notify us and you may be required to send us a new application. If the property is sold,
the new owner must be given a copy of this Certification and approval letter and is thereby responsible for
complying with all conditions. If total fills for this project (now or in the future) exceed one acre of
wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A
NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed below.
The Additional Conditions of the Certification arc:
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:
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: hnp://h2o,enr.state.ne.us/ncwetlinds
One
hCarolina
Nv
AWim lly
An Equal Opportunity/Afrtnative Action Employer- 50% Recycled/10% Post Consumer Paper
Brighton Place of Greenville, LLC & Frog Level, LLC
Page 2 of 3
August 5, 2005
Amount Approved Units Plan Location or Reference
Stream 216 feet PCN
Buffers 8,134 (square ft. PCN
2. Erosion & Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices in order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual. The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor-owned or leased borrow pits associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
3. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond
the footprint of the impacts depicted in the Pre-Construction Notification. All construction
activities, including the design, installation, operation, and maintenance of sediment and erosion
control Best Management Practices, shall be performed so that no violations of state water quality
standards, statutes, or rules occur.
4. No Sediment & Erosion Control Measures w/n Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum
extent practicable. If placement of sediment and erosion control devices in wetlands and waters
is unavoidable, they shall be removed and the natural grade restored within six months of the date
that the Division of Land Resources has released the project.
5. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
certificate of completion to the 401 Oversight/Express Review Permitting Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
6. Compensatory Mitigation Using the Ecosystem Enhancement Program (EEP)
Mitigation must be provided for the proposed impacts as specified in the table below. We
understand that you wish to make a payment to the Wetlands Restoration Fund administered by
the NC Ecosystem Enhancement Program (EEP) to meet this mitigation requirement. This has
Brighton Place of Greenville, LLC & Frog Level, LLC
Page 3 of 3
August 5, 2005
been determined by the DWQ to be a suitable method to meet the mitigation requirement. Until
the EEP receives and clears your check (made payable to: DENR - Ecosystem Enhancement
Program Office), no impacts specified in this Authorization Certificate shall occur. The EEP
should be contacted at [phone] if you have any questions concerning payment into a
restoration fund. You have one month from the date of this approval to make this payment. For
accounting purposes, this Authorization Certificate authorizes payment into the Wetlands
Restoration Fund to meet the following compensatory mitigation requirement:
Compensatory Mitigation
Required River and Sub-basin Number
Stream 216 feet Neuse/03020202
7. Written Stormwater Management Plan (Final Plan Needed)
A final, written stormwater management plan (including a signed and notarized Operation and
Maintenance Agreement) shall be submitted to the 401 Oversight and Express Permitting Unit
(2321 Crabtree Blvd., Suite 250, Raleigh, NC, 27604) within 60 days of the issuance of the 401
Water Quality Certification. The stormwater management plans shall be approved in writing by
this Office before the impacts specified in this Certification occur per Condition No. 6 in GC No.
3404. You have the option of using the Express Review Program for expedited approval of these
plans. If you propose to use the Express Review Program, remember to include the appropriate
fee with the plan. The stormwater management plan must include plans, specifications, and
worksheets for stormwater management facilities that are appropriate for the surface water
classification and designed to remove at least 85% TSS according to the most recent version of
the NC DENR Stormwater Best Management Practices Manual. These facilities must be
designed to treat the runoff from the entire project, unless otherwise explicitly approved by the
Division of Water Quality. Also, before any permanent building is occupied at the subject site,
the facilities (as approved by this Office) shall be constructed and operational, and the stormwater
management plan (as approved by this Office) shall be implemented. The structural stormwater
practices as approved by this Office 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.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application and as authorized by this Certification, shall expire upon
expiration of the 404 or CAMA Permit.
If you do not accept any of the conditions of this Certification (associated with the approved wetland or
stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that
you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of
the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a
hearing.
Any disputes over determinations regarding this Authorization Certificate (associated with the approved
buffer impacts) shall be referred in writing to the Director for a decision. The Director's decision is
subject to review as provided in Articles 3 and 4 of G.S. 150B.
Brighton Place of Greenville, LLC & Frog Level, LLC
Page 4 of 3
August 5, 2005
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act and the Neuse riparian buffer protection rule as described within 15A NCAC 213 .0233. If you have
any questions, please telephone Deborah Edwards or Ian McMillan at 919-733-1786.
Sincerely,
Alan W. Klimek, P.E.
AWK/Ym
Enclosures: GC 3404
Certificate of Completion
cc: Bob Zarzecki, Soil & Environmental Consultants, PA, 11010 Raven Ridge Road, Raleigh, NC 27614
USACE Washington Regulatory Field Office
DWQ Washington Regional Office
DLR Washington Regional Office
File Copy
Central Files
Filename: 051098 Bi ightonPlaceS ec3( Pitt)101_bufTcrs
r of VIA TF9 Michael F. Easley, Governor
\O? P?i William G. Ross Jr., Secretary
?? r North Carolina Department of Environment and Natural Resources
4 .. , i.a^, 'C
_ Alan W. Klimek, P.E. Director
Division of Water Quality
August 5, 2005
DWQ Project # 05-1098
Pitt County
Mr. Steve Krpata
Brighton Place of Greenville, LLC & Frog Level, LLC
2361 Portertown Road
Greenville, NC 27858
Subject Property: Brighton Place, Section 3
Greenville, NC
Approval of 401 Water Quality Certification and Authorization Certificate per the Neuse River
Buffer Protection Rules (15A NCAC 2B.0233) with Additional Conditions
Dear Mr. Krpata:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 216 feet of streams and 8,134 square feet (ft) of protected riparian buffers for
the purpose of connecting existing sections of Brighton Place subdivision to the portion of the property
southwest of Gum Swamp and to provide vehicular access to this portion of the property, as described
within your application dated June 17, 2005, and received by the N.C. Division of Water Quality (DWQ)
on June 20, 2005. After reviewing your application, we have decided that the impacts are covered by
General Water Quality Certification Number(s) 3404 (GC3404). The Certification(s) allows you to use
Nationwide Permit(s) NW 14 when issued by the US Army Corps of Engineers (USAGE). This letter
shall also act as your approved Authorization Certificate for impacts to the protected riparian buffers per
15A NCAC 213 .0233. In addition, you should obtain or otherwise comply with any other required
federal, state or local permits before you go ahead with your project including (but not limited to) Erosion
and Sediment Control, and Non-discharge regulations. Also, this approval to proceed with your
proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon
expiration of the 404 or CAMA Permit.
This approval is for the purpose and design that you described in your application. If you change your
project, you must notify us and you may be required to send us a new application. If the property is sold,
the new owner must be given a copy of this Certification and approval letter and is thereby responsible for
complying with all conditions. If total fills for this project (now or in the future) exceed one acre of
wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A
NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
401 Oversight/Express Review Permitting 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:/ih2o.enr.state.nc.tis/ncwctlands
N rthCarolina
??7alm-allif
An Equal Opportunity/Affirmative Action Employer- 50°o Recycled/10% Post Consumer Paper
Brighton Place of Greenville, LLC & Frog Level, L1,C
Page 2 of 3
August 5, 2005
Amount Approved Units Plan Location or Reference
Stream 216 feet PCN
Buffers 8,134 (square ft. PCN
2. Erosion & Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices in order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual. The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor-owned or leased borrow pits associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
3. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond
the footprint of the impacts depicted in the Pre-Construction Notification. All construction
activities, including the design, installation, operation, and maintenance of sediment and erosion
control Best Management Practices, shall be performed so that no violations of state water quality
standards, statutes, or rules occur.
4. No Sediment & Erosion Control Measures w/n Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum
extent practicable. If placement of sediment and erosion control devices in wetlands and waters
is unavoidable, they shall be removed and the natural grade restored within six months of the date
that the Division of Land Resources has released the project.
5. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
certificate of completion to the 401 Oversight/Express Review Permitting Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
6. Compensatory Mitigation Using the Ecosystem Enhancement Program (EEP)
Mitigation must be provided for the proposed impacts as specified in the table below. We
understand that you wish to make a payment to the Wetlands Restoration Fund administered by
the NC Ecosystem Enhancement Program (EEP) to meet this mitigation requirement. This has
Brighton Place of Greenville, LLC & Frog Level, LLC
Page 3 of 3
August 5, 2005
been determined by the DWQ to be a suitable method to meet the mitigation requirement. Until
the EEP receives and clears your check (made payable to: DENR - Ecosystem Enhancement
Program Office), no impacts specified in this Authorization Certificate shall occur. The EEP
should be contacted at [phone] if you have any questions concerning payment into a
restoration fund. You have one month from the date of this approval to make this payment. For
accounting purposes, this Authorization Certificate authorizes payment into the Wetlands
Restoration Fund to meet the following compensatory mitigation requirement:
Compensatory Mitigation
Required River and Sub-basin Number
Stream 216 (feet) Neuse/03020202
7. Written Stormwater Management Plan (Final Plan Needed)
A final, written stormwater management plan (including a signed and notarized Operation and
Maintenance Agreement) shall be submitted to the 401 Oversight and Express Permitting Unit
(2321 Crabtree Blvd., Suite 250, Raleigh, NC, 27604) within 60 days of the issuance of the 401
Water Quality Certification. The stormwater management plans shall be approved in writing by
this Office before the impacts specified in this Certification occur per Condition No. 6 in GC No.
3404. You have the option of using the Express Review Program for expedited approval of these
plans. If you propose to use the Express Review Program, remember to include the appropriate
fee with the plan. The stormwater management plan must include plans, specifications, and
worksheets for stormwater management facilities that are appropriate for the surface water
classification and designed to remove at least 85% TSS according to the most recent version of
the NC DENR Stormwater Best Management Practices Manual. These facilities must be
designed to treat the runoff from the entire project, unless otherwise explicitly approved by the
Division of Water Quality. Also, before any permanent building is occupied at the subject site,
the facilities (as approved by this Office) shall be constructed and operational, and the stormwater
management plan (as approved by this Office) shall be implemented. The structural stormwater
practices as approved by this Office 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.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application and as authorized by this Certification, shall expire upon
expiration of the 404 or CAMA Permit.
If you do not accept any of the conditions of this Certification (associated with the approved wetland or
stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that
you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of
the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a
hearing.
Any disputes over determinations regarding this Authorization Certificate (associated with the approved
buffer impacts) shall be referred in writing to the Director for a decision. The Director's decision is
subject to review as provided in Articles 3 and 4 of G.S. 150B.
Brighton Place of Greenville, LLC & Frog Level, L1.C
Page 4 of 3
August 5, 2005
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act and the Neuse riparian buffer protection rule as described within 15A NCAC 2B .0233. If you have
any questions, please telephone Deborah Edwards or Ian McMillan at 919-733-1786.
Sincerely,
Alan W. Klimek, P.E.
AWK/ijnt
Enclosures: GC 3404
Certificate of Completion
cc: Bob Zarzecki, Soil & Environmental Consultants, PA, 11010 Raven Ridge Road, Raleigh, NC 27614
USACE Washington Regulatory Field Office
DWQ Washington Regional Office
DLR Washington Regional Office
File Copy
Central Files
Filename: 051098BrightonPlaceSeO(Pitt)401 _buffers
Environmental Consultants, PA
Road - Raleigh, North Carolina 27614 - Phone: [phone] - Fax: [phone]
June 17, 2005
S&EC Project # 9159.w1
To: US Army Corps of Engineers N.C. Division of Water Quality
Washington Regulatory Field Office 401 Oversight and Express Permits Unit
Attn: Tracey Wheeler Attn: Cyndi Karoly
Post Office Box 1000 2321 Crabtree Boulevard, Suite 250
Washington, North Carolina 27889-1000 Raleigh, NC 27604-2260
From: Bob Zarzecki g(;::Z? P a V G' D
Soil & Environmental Consultants, P.A.
11010 Raven Ridge Road Z 0 2005
Raleigh, NC 27614 JUN
Re: BRIGHTON PLACE SUBDIVISION, SECTION 3 DENR-WATER QUALITY
GREENVILLE, NC WETLANDS ANDST(RpjPNATERBR=i
On behalf of the owner, Brighton Place of Greenville, LLC & Frog Level, LLC, please find
attached a complete application and supplemental information requesting written concurrence
from the U.S. Army Corps of Engineers (USACE) and the N.C. Division of Water Quality (DWQ)
that the activities proposed below may precede under Nationwide Permit 14 and General Water
Quality Certification 3404. Please contact me at [phone] if you have any questions or
require additional information.
PROJECT SUMMARY
Project Name Brighton Place, Section 3
Project Type Residential Subdivision Roads
Owner / Applicant Brighton Place of Greenville, LLC & Frog Level, LLC
County Pitt
Nearest Town Greenville
Waterbody Name Gum Swam
Basin / Sub-basin 03-04-09
Index Number 27-97-1
Class C Sw NSW
IMPACT SUMMARY
Stream Impact (acres): 0.12
Wetland Impact (acres): 0
Open Water Impact (acres): 0
Total Impact to Waters of the U.S. (acres) 0.12
Total Stream Impact (linear feet): 216
Total Buffer Impact (square feet) 16,500
Attachments:
Pre-construction Notification (PCN) Application Form
Agent Authorization
Greenville SW, NC - USGS Map, Pitt Co. Soil Survey Map - Sheet No. 48, & Pitt Co. GIs Site Vicinity Map
Overall Site Plan & Impact Maps
$475 Application Fee to DWQ
Charlotte Office:
236 LePhillip Court, Suite C
Concord, NC 28025
Phone: [phone]
Fax: [phone]
Greensboro Office:
3817-E Lawndale Drive
Greensboro, NC 27455
Phone: [phone]
Fax: [phone]
Office Use Only: Form Version March 05
USACE Action ID No. DWQ No.
(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 Pen-nit Number(s) Requested: 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
1. Owner/Applicant Information
Name: Brighton Place of Greenville, LLC & Frog RErd ? kET'S D
Mailing Address: Attn: Steve Krpata
2361 Portertown Road JUN 2 0 2005
Greenville, NC 27858
D0411 - WATER
Telephone Number: [phone] Fax Number: Vi7r @S MD TORT VATER16RWJCN
E-mail Address:
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: Bob Zarzecki
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 9
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 1 I by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential slieet 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.
Name of project: BRIGHTON PLACE, SECTION 3
2. T.I.P. Project Number or State Project Number (NCDOT Only): n/a
3. Property Identification Number (Tax PIN): 068384
4. Location
County: Pitt Nearest Town: Greenville
Subdivision name (include please/lot number): Brighton Place
Directions to site (include road numbers/names, landmarks, etc.):
The site is located on Frog Level Road (SR1127) south east of the intersection of
Frog Level Road and Davenport Farm Road (SR1128) (see attached vicinity maps).
From Washington, NC take Hwy 264 West towards Greenville, NC (- 17 miles);
follow 264 ALT West (- 9 miles); turn left onto Frog Level Road; cross over
Davenport Road; the entrance to the subdivision will be less than half a mile on your
right prior to crossing over Gum Swamp.
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):
35.5493 ON 77.4492 °W
6. Property size (acres): ± 30 acres
7. Name of nearest receiving body of water: Gum Swamp (27-97-1; C, Sw, NSW)
Page 2 of 9
8. River Basin: Neuse River (03-04-09)
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at ham://li2o.enr.state.ne.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 subdivision is currently under construction. The proposed stream and buffer
impacts are located within Section 3 of the subdivision. Culverts associated with
existing dirt access roads on the property are located in the general vicinity of
proposed road crossing Impact 1 and north of proposed road crossing Impact 2.
The adjacent properties are currently residential and agricultural.
10. Describe the overall project in detail, including the type of equipment to be used:
The project includes the construction of a two-lane road within the Brighton Place
residential subdivision. The road is designed to be a paved, asphalt road with curb
and gutter. The remainder of the subdivision will include approximately 100 single-
family residential lots, pool and clubhouse. Equipment used will include those
typical for the construction of a residential subdivision.
11. Explain the purpose of the proposed work:
The purpose of the proposed work is to connect the existing sections of Brighton
Place subdivision to the portion of the property southwest of Gum Swamp and to
provide vehicular access to this portion of the property.
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 is not aware of any other 404 Permits or 401 Certifications approved for this
property. The modified stream channel (i.e., Gum Swamp) and ditch systems located
on the property are the only anticipated surface waters subject to 404 and 401
jurisdiction and the Neuse Buffer Rules that will be impacted by the proposed
development. However, no USACE jurisdictional delineations or DWQ Neuse Buffer
determinations have been performed on the property to our knowledge. Please contact
us if you would like to conduct a site visit.
Page 3 of 9
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.
S&EC is not aware of any future permit requests anticipated for this property.
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 impacts include the installation of two road crossings. Road Crossing
Impact 1 will include two 60" RCPs and Road Crossing Impact 2 will include a single 60"
RCP. All pipes will be installed 1 foot below the existing streambed at a slope of
approximately 0.30%. The width of these pipes will not over widen the existing stream
channel.
Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
separately list impacts due to both structure and floodine.
Wetland Impact
Site Number
(indicate on map)
Type of Impact Type of Wetland
(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
100-year
Floodplain
es/no Distance to
Nearest
Stream
linear feet Area of
Impact
(acres)

Total Wetland Impact (acres) 0
Page 4 of 9
3. List the total acreage (estimated) of all existing wetlands on the property:
0 w/n the location of the proposed road crossings; the remainder of the property was not
evaluated by S&EC
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
Impact 1 Gum Swamp Road Perennial 10 feet 94 0.07
Impact 2 UT to Gum Swamp Road Perennial 5 feet 122 0.05

4 :
Total Stream Impact (by length and acreage) 216 0.12
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 Watcrbody
(if applicable)
Type of Impact Type of Waterbody
(lake, pond, estuary, sound, bay,
ocean, etc. Area of
Impact
acres

Total Open Water Impact (acres) 0
6. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Impact acres : 0.12
Wetland Impact acres : 0
Open Water Impact acres : 0
Total Impact to Waters of the U.S. acres 0.12
Total Stream Impact linear feet : 216
7. Isolated Waters
Do any isolated waters exist on the property? ? Yes ® No
Page 5 of 9
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.
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 stortnwater 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 required to provide access to the southwestern portion of the
property. The proposed road crossing Impact 1 will be located within the location of an
existing 60" CMP to minimize new impacts to the stream channel.
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
Page 6 of 9
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
http://l12o.enr.state.nc.us/ncwetIands/strmaide.litin1.
1. 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 oflsitc), 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 applicant proposes to make a payment into the Wetlands Restoration Fund to
mitigate for the 216 feet of stream impacts. The applicant proposes a mitigation
ratio of 1:1 for the impacts to the modified streams. It is anticipated that the USACE
will want to verify if this is the appropriate mitigation ratio. As such, we have
requested acceptance of 432 feet of stream mitigation from the EEP to account for a
2:1 ratio if required by the USACE.
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.litm. 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): 432 feet
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
* It is not known at this time what the mitigation ratios will be for impacts to these
modified stream channels and as such acceptance from the EEP program was
requested at a 2:1 ratio if required by the USACE. However, the applicant is only
proposing a 1:1 ratio at this time.
Page 7 of 9
IX. Environmental Documentation (required by DWQ)
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 )? 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.
ROAD CROSSING IMPACT I
Zone* Impact
s uare feet Multiplier Required
Mitigation
1 5193 3 (2 for 0
2 2941 1.5 0
Total 8,134 0
Note: The footprint of the existing dirt road should be exempt from the buffer
rules and was therefore not included in the area of buffer impact for this crossing.
Page 8 of 9
ROAD CROSSING IMPACT 2
Zone* Impact
(square feet Multiplier Required
Mitigation
1 5662 3 (2 for 0
2 2704 1.5 0
Total 8366 0
* Zone 1 extends out 30 feet perpendicular from the top of die 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 2B .0242 or.0244, or.0260.
We realize that these two crossings are immediately adjacent to each other.
However, we believe that no buffer mitigation should be required since each of the
individual crossings is less than 1/3 acre and 150 feet of buffer impact.
XI. 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.
It is anticipated that the percent impervious surface for the subdivision will exceed 30%
and as such the applicant requests that if the DWQ requires a stormwater management
plan for the development that it be included as a condition of the approval. The
applicant does not wish to pay the expense of developing a stormwater management
plan at this time if the road crossings are denied. The applicant would also like to
maintain an option to re-evaluate if the development can stay below 30% if the roads
are approved and the stormwater management plan looks to be cost prohibited.
XII. 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 available
capacity will be ensured by the municipality.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (I 5A NCAC 211 .0500) or any Buffer Rules?
Yes ? No
Page 9 of 9
Is this an after-the-fact permit application? Yes ? No
S&EC is not aware of any violations at this development.
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:
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).
The applicant would like to install the two road crossings as soon as possible to take
advantage of the dry weather. This will allow the applicant to more easily control runoff
and sediment and protect water quality then during the wetter times of the year.

can A- g is Signature li Ake
signature is valid only if an authorization letter from the applicant is provided.)
Page 10 of 10
Environmental Consultants, PA
Road • Raleigh, North Carolina 27614 • Phone: [phone] • Fax: [phone]
AGENT AUTHORIZATION FORM
All Blanks To Be Filled In By The Current Landowner
Name: P ae
Address: 2- -?C,
C 0;yj?
Phone: ?sL) l?z "`???2
/J?A??b.i/cue
Project Name/ Description:
Date: 3?0
The Department of the Army
U.S. Army Corps of Engineers, Wilmington District
P.O. Box 1890
Wilmington, NC 28402
Attn:
Field Office:
Re: Wetlands Related Consulting and Permitting
To Whom It May Concern:
3
1, the current ro er owner, hereby designate and authorize Soil & Environmental Consultants, PA to
act in my behalf as my agent in the processing of permit applications, to furnish upon request
supplemental information in support of applications, etc. from this day forward. The 2 day of
This notification supersedes any previous correspondence concerning the agent for this project.
NOTICE: This authorization, for liability and professional courtesy reasons, is valid only for
government officials to enter the property when accompanied by S&EC staff. You should call
to arrange a site meeting prior to visiting the site. //) n /'3, / 7
<;4y" &'x-
Trint Property Owner's Name
cc: Mr. John Dorney cc: Mr. Walter Cole
NCDENR - DWQ Soil & Environmental Consultants, PA
2321 Crabtree Boulevard
Raleigh, NC 27604 blank agent auth form doc
Charlotte Office: Greensboro Office: hickory Office:
236 LePhillip Court, Suite C 3817-E Lawndale Drive 622 Coon Mountain Lane
Concord, NC 28025 Greensboro, NC 27455 Taylorsville, NC 28681
Phone: [phone] Phone: [phone] Phone: [phone]
Fax: [phone] Fax: [phone] Fax: [phone]
9159.W1
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Date:
06-16.05
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Pitt County, NC
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11010 Raven Ridge Rd.- Raleigh, NC 27614
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TOTAL AREA ............... 30.2923 AC
WINTERVILLE TOWNSHIP PITT COUNTY NORTH CAROLINA
NUMBER OF LOTS ....................101 r t t - -
u
LINEAR FEET IN STREETS .......4,165 FT r - qtr DY DER: BRIGHTON PLACE LLC oEV Eo o
AREA IN R/W+'- ADDRESS: 2361 PORTERTOW'N ROAD
PROPOSED R/W............... 5 0136 AC OREENVUE, NO 27858 ORA- ,„1nCH
EXISTING R/W (NCSR 1127) ... 0.0483 AC r TED L. PHONE: [phone]
TOTAL R/W (NCSR 1127) ...... 5.0619 AC APPROVED . w
LINDA J. E
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9 GREENVILLE, N.C. 77858
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IN LIEU FEE REQUEST FORM Page 1 of 1
NORTH CAROLINA ECOSYSTEM ENHANCEMENT PROGRAM
IN LIEU FEE REQUEST FORM (revised 329/05)
Fill in information, print, sign, and date, and either mail to NCEEP, 1652 Mail Service Center, Raleigh, NC 27699-
1652, or fax to 919-715-2219. Attachments are acceptable to clarify information on the form.
1. Name of Applicant or

•
Agent Bob Zarzecki

(--- -- -- - ---- -- - - -----

----
2. Name of Business' [Soil & Environmental Consultants, PA
3. Street Address' 11010 Raven Ridge Road
-
4. City, State, Zip • Raleigh, NC 27614 - - - - -
5. Telephone " 919 1846 5900
6. Fax 919 I 846 -194 67
7. E-mail [e-mail]
8. Project Name' Brighton Place, Section 3
9. Project Location • Greenville, NC
10. Lat-Long Coordinates Lat 135.5493 J Long 177.4492 -
11. River Basin' Neuse _
12. Cataloging Unit (8-digit) 103020202
11. Project County
x y
i Pitt
14. Riparian Wetland
Impact ac '
I?p --
- - -- ----- ----- - ------------
i
--- -
15. Non-Riparian Wetland
Impact ac " 10
- ------------- -- - - ----
--- --
16. Coastal Marsh Impact
ac • 0
10-------- --- ---- ---- - ---------
--- - -
17. Stream-Cold Impact (ft) L _- -?
_-
18. Stream-Cool Impact (ft)
- -- - -
10

19. Stream Warm Impact L216 feet of impact - requesting 432 feet of potential mitigation

20." Buffer-Zone 1 Impact
s ft. 0 - - - -
?.? - -- - --- --
- 1
------
21. "' Buffer-Zone 2 Impact
s ft' lp - --
- ---- - - ----- -- ---- -

22." Buffer-Total (Zone 1 +
Zone 2 s ft .
10
-- - ----- - -- ----- II
_-J
--

Attachments? ? Yes Signature of Applicant or Agent:

Date:
Required Information; zero answers In 14-22 should be indicated with -o- or -NW, not iett DianK.
•• Buffer mitigation applicable only in the Neuse, Tar-Pamlico and Catawba River Basins
and the Randleman Lake Water Supply Watershed.
" Go to EPA 'Surf Your Watershed' http://cfpub,epy.gov/surfAocateAndex,cfm for CU determination.
Direct all questions to Carol Shaw at 919-733-5205 or carol.shawO-nemail.net
http://www.nceep.net/news/reporWforms/ILFfonn.htm 6/17/2005
Soil & Environmental Consultants, PA
11010 Raven Ridge Road - Raleigh, North Carolina 27614 - Phone: [phone] • Fax: [phone]
www.SandEC.com
June 17, 2005
S&EC Project # 9159.w1
To: US Army Corps of Engineers N.C. Division of Water Quality
Washington Regulatory Feld Office 401 Oversight and Express Permits Unit
Attn: Tracey Wheeler Attn: Cyndi Karoly
Post Office Box 1000 2321 Crabtree Boulevard, Suite 250
Washington, North Carolina 27889-1000 Raleigh, NC 27604-2260
From: Bob Zarzecki
Soil & Environmental Consultants, P.A.
11010 Raven Ridge Road
Raleigh, NC 27614
Re: BRIGHTON. PLACE SUBDIVISION, SECTION 3
GREENVILLE, NC
JUN 2 0 2005
WETLANDS AND STORI,1' ATER BRANCH
On behalf of the owner, Brighton Place of Greenville, LLC & Frog Level,'LLC, please find
attached a complete application and supplemental information requesting written concurrence
from the U.S. Army Corps of Engineers (USACE) and the N.C. Division of Water Quality (DWQ)
that the activities proposed below may precede under Nationwide Permit 14 and General Water
Quality Certification 3404. Please contact me at (919) 846=5900 if you have any questions or
require additional information.
PROJECT. SUMMARY
Project Name Brighton Place, Section 3
Project Type Residential Subdivision Roads
Owner / Applicant Brighton Place of Greenville, LLC & Frog Levcl, EC
Count Pitt
Nearest Town Greenville
Waterbod Name Gum Swam
Basin / Sub-basin 03-04-09
Index Number 27-97-1
Clas's C SwNSW
IMPACT S1IMMARY.
Stream Impact (acres): ` 0.12
Wetland Impact (acres): 0
Open. Water Impact (acres): 0
Total Impact to Waters of the U.S. (acres) 0.12 .
Total Stream Impact pinear feet): 216
Total Buffer Impact (square feet) 16,500
Attachments:
Pre-construction Notification (PCN) Application Form
Agent Authorization
Greenville SW, NC •.USGS Map, Pitt Co. Sol Survey Map -Sheet No. 48, & Pitt Co. GIS Site Vicirtdy Map
Overall Site Plan & Impact Maps
$475 Application Fee to DWQ
Ch rlottc Office Srccnsboro Office:
236 LePhillip Court, Suite C 3817-E Lawndale Drive
Concord, NC 28025 Greensboro, NC 27455
Phone: [phone] Phone: [phone]
Fax:. [phone] Fax: [phone]
Office Use Only: Form Version March 05
USACE Action ID No. DWQ No.
(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 Penn it Number(s) Requested: 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
Owner/Applicant Information
Name: Brighton Place of Greenville,
Mailing Address: Attn: Steve Krpata
2361 Portertown Road
Greenville, NC 27858
LLC & Frog Lev ru 2 0 2005

Telephone Number: [phone] Fax Number: WAIER
E-mail Address:
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: Bob Zarzecki
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 9
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: BRIGHTON PLACE, SECTION 3
2. T.I.P. Project Number or State Project Number (NCDOT Only): n/a
3. Property Identification Number (Tax PIN): 068384
4. Location
County: Pitt Nearest Town: Greenville
Subdivision name (include phase/lot number): Brighton Place
Directions to site (include road numbers/names, landmarks, etc.):
The site is located on Frog Level Road (SR1127) south east of the intersection of
Frog Level Road and Davenport Farm Road (SR1128) (see attached vicinity maps).
From Washington, NC take Hwy 264 West towards Greenville, NC (- 17 miles);
follow 264 ALT West (- 9 miles); turn left onto Frog Level Road; cross over
Davenport Road; the entrance to the subdivision will be less than half a mile on your
right prior to crossing over Gum Swamp.
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):
35.5493 ON 77.4492 °W
6. Property size (acres): ± 30 acres
7. Name of nearest receiving body of water: Gum Swamp (27-97-1; C, Sw, NSW)
Page 2 of 9
8. River Basin: Neuse River (03-04-09)
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://Ii2o.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 subdivision is currently under construction. The proposed stream and buffer
impacts are located within Section 3 of the subdivision. Culverts associated with
existing dirt access roads on the property are located in the general vicinity of
proposed road crossing Impact 1 and north of proposed road crossing Impact 2.
The adjacent properties are currently residential and agricultural.
10. Describe the overall project in detail, including the type of equipment to be used:
The project includes the construction of a two-lane road within the Brighton Place
residential subdivision. The road is designed to be a paved, asphalt road with curb
and gutter. The remainder of the subdivision will include approximately 100 single-
family residential lots, pool and clubhouse. Equipment used will include those
typical for the construction of a residential subdivision.
11. Explain the purpose of the proposed work:
The purpose of the proposed work is to connect the existing sections of Brighton
Place subdivision to the portion of the property southwest of Gum Swamp and to
provide vehicular access to this portion of the property.
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 is not aware of any other 404 Permits or 401 Certifications approved for this
property. The modified stream channel (i.e., Gum Swamp) and ditch systems located
on the property are the only anticipated surface waters subject to 404 and 401
jurisdiction and the Neuse Buffer Rules that will be impacted by the proposed
development. However, no USACE jurisdictional delineations or DWQ Neuse Buffer
determinations have been performed on the property to our knowledge. Please contact
us if you would like to conduct a site visit.
Page 3 of 9
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.
S&EC is not aware of any future permit requests anticipated for this property.
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 impacts include the installation of two road crossings. Road Crossing
Impact 1 will include two 60" RCPs and Road Crossing Impact 2 will include a single 60"
RCP. All pipes will be installed 1 foot below the existing streambed at a slope of
approximately 0.30%. The width of these pipes will not over widen the existing stream
channel.
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,
separately list impacts due to both structure and floodine.
Weiland Impact
Site Number
(indicate on map)
Type of Impact Type of Wetland
(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
100-year
Floodplain
es/no Distance to
Nearest
Stream
linear feet Area of
Impact
(acres)

Total Wetland Impact (acres) 0
Page 4 of 9
3. List the total acreage (estimated) of all existing wetlands on the property:
0 w/n the location of the proposed road crossings; the remainder of the property was not
evaluated by S&EC
4. Individually list all intennittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, darn
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
Intcrmittent? Average
Stream Width
Before Impact Impact
Length
linear feet Area of
Impact
acres
Impact 1 Gum Swamp Road Perennial 10 feet 94 0.07
Impact 2 UT to Gum Swamp Road Perennial 5 feet 122 0.05

] :::
Total Stream Impact (by length and acreage) 216 0.12
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 Waterbody
applicable) )
(if ap
Type of Impact Type of Waterbody
(lake, pond, estuary, sound, bay,
ocean, etc. Area of
Impact
acres

Total Open Water Impact (acres) 0
6. List the cumulative impact to all Waters of the U.S. resulting from the project:
Strearn Impact acres : 0.12
Wetland Impact acres : 0
Open Water Impact acres : 0
Total Impact to Waters of the U.S. acres 0.12
Total Stream Im act linear feet : 216
7. Isolated Waters
Do any isolated waters exist on the property? ? Yes ® No
Page 5 of 9
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.
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 required to provide access to the southwestern portion of the
property. The proposed road crossing Impact 1 will be located within the location of an
existing 60" CMP to minimize new impacts to the stream channel.
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
Pennits, 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
Page 6 of 9
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
http://112o.enr.state.nc.us/ncwetiands/stntn,L, ide.htm1.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much infonnation as possible, including, but not limited to: site location (attach directions
and/or map, if ofTsite), 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 applicant proposes to make a payment into the Wetlands Restoration Fund to
mitigate for the 216 feet of stream impacts. The applicant proposes a mitigation
ratio of 1:1 for the impacts to the modified streams. It is anticipated that the USACE
will want to verify if this is the appropriate mitigation ratio. As such, we have
requested acceptance of 432 feet of stream mitigation from the EEP to account for a
2:1 ratio if required by the USACE.
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/Nvrp/index.litm. 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): 432 feet
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
* It is not known at this time what the mitigation ratios will be for impacts to these
modified stream channels and as such acceptance from the EEP program was
requested at a 2:1 ratio if required by the USACE. However, the applicant is only
proposing a 1:1 ratio at this time.
Page 7 of 9
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
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 213.0259 (Tar-Pamlico), 15A NCAC 0213.0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? 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.
ROAD CROSSING IMPACT 1
Zone* Impact
s uare feet Multiplier Required
Mitigation
1 5193 3 (2 for 0
2 2941 1.5 0
Total 8,134 0
Note: The footprint of the existing dirt road should be exempt from the buffer
rules and was therefore not included in the area of buffer impact for this crossing.
Page 8 of 9
ROAD CROSSING IMPACT 2
Zone* Impact
(square feet Multiplier Required
Mitigation
1 5662 3 (2 for 0
2 2704 1.5 0
Total 8366 0
Zone I 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.
We realize that these two crossings are immediately adjacent to each other.
However, we believe that no buffer mitigation should be required since each of the
individual crossings is less than 1/3 acre and 150 feet of buffer impact.
XI. 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.
It is anticipated that the percent impervious surface for the subdivision will exceed 30%
and as such the applicant requests that if the DWQ requires a stormwater management
plan for the development that it be included as a condition of the approval. The
applicant does not wish to pay the expense of developing a stormwater management
plan at this time if the road crossings are denied. The applicant would also like to
maintain an option to re-evaluate if the development can stay below 30% if the roads
are approved and the stormwater management plan looks to be cost prohibited.
XII. Scwage 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 available
capacity will be ensured by the municipality.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No
Pa-e 9 of 9
Is this an after-the-fact permit application? Yes ? No
S&EC is not aware of any violations at this development.
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:
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).
The applicant would like to install the two road crossings as soon as possible to take
advantage of the dry weather. This will allow the applicant to more easily control runoff
and sediment and protect water quality then during the wetter times of the year.

can Agen s Signature li IAte
signature is valid only if an authorization letter from the applicant is provided.)
Page 10 of 10
Environmental Consultants, PA
Road • Raleigh, North Carolina 27614 • Phone: [phone] • Fax: [phone]
www.SandEC.com
AGENT AUTHORIZATION FORM
All Blanks To Be Filled In By The Current Landowner
Name: 5TP v
Address: 2_?(?
1J'?/&. /1/C Z7y.Jl?p
Phone: (?.?L) "Q z - ;;?/' 92
Project Name/ Description: e5 ?7b? O/cue
Date: 3?0
The Department of the Army
U.S. Army Corps of Engineers, Wilmington District
P.O. Box 1890
Wilmington, NC 28402
Attn:
Field Office:
Re: Wetlands Related Consulting and Permitting
To Whom It May Concern:
3
1, the current ro er owner, hereby designate and authorize Soil & Environmental Consultants, PA to
act in my behalf as my agent in the processing of permit applications, to furnish upon request
supplemental information in support of applications, etc. from this day forward. The 2 day of
This notification supersedes any previous correspondence concerning the agent for this project.
NOTICE: This authorization, for liability and professional courtesy reasons, is valid only for
government officials to enter the property when accompanied by S&EC staff. You should call S&EC
to arrange a site meeting prior to visiting the site. /911
Print Property Owner's Name
cc: Mr. John Dorney cc: Mr. Walter Cole
NCDENR - DWQ Soil & Environmental Consultants, PA
2321 Crabtree Boulevard
Raleigh, NC 27604 blank agent auth form doc
Charlotte Office: Greensboro Office: Hickory Office:
236 LcPhillip Court, Suite C 3817-E Lawndale Drive 622 Coon Mountain Lane
Concord, NC 28025 Greensboro, NC 27455 Taylorsville, NC 28681
Phone: [phone] Phone: [phone] Phone: [phone]
Fax: [phone] Fax: [phone] Fax: [phone]
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9159.W1 NTS
Project Date.
Mgr.: BZ 06.16-05
Greenville SW
USGS Topo Quad
Brighton Place SID
Pitt County, NC
Soil & Environmental Consultants, PA
11010 Raven Ridge Rd.- Raleigh, NC 27614
[phone] • [phone]
Web Page: www.SandEC.com
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Project scale: Pitt County Soil Survey
9159.W1 NTS
Project Date: Map Sheet No. 48 s Soil & Environmental Consultants, PA
Mgr.: BZ 05.16-05 11010 Raven Ridge Rd.- Raleigh, NC 27614
Brighton Place SID [phone] • [phone]
Pitt County, NC Web Page: www.SandEC.com
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Project: Scale: Pitt County GIS
9159.W1 1":2000'
Project Date: Brighton Place SID Soil & Environmental Consultants, PA
Mgr.: BZ 06.16.05 11010 Raven Ridge Rd.- Raleigh, NC 27614
Pitt County, NC [phone] • [phone]
Web Page: www.SandEC.com
CHARLOTTE TYSON
CRAWFORD -
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A E r Y e ;, n A BR6TOLMDOR LLC 1 ;? E o mr ?? °r I?? " • 0-v:a?"? ,? r: ,' b CB 135, PG 718 JUN 2 U 2005
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KENNETH BUCK- r
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PARROii, C.P.A. i` OB W-41, PC 604
TYPICAL STREET SECTION ° r'K T,p ?-
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COVER SHEET
SITE DATA
BRIGHTON PLACE -
SECTION 3
A ...............30.2923 AC 4.y'G11 WN
TOTAL NUMBER AREA LOTS ...............101 p -
s^l?xs CITY TERYILLE TOWNSHIP PITT COUNTY NORTH CAROLINA
------ --------
LINEAR FEET IN STREETS ........ 4,165 FT OWNER BRICHTON PLACE LLC DES,CNED- Mx
AREA IN RIW F LIMITS ADDRESS: 2361 PORTERTOVGN ROAD
..
PROPOSED R/W ..............5.0136 AC + CREENVLLE, NC 27858 D..- Him
EXISTING R/W (NCSR 1127) ... 0.0483 AC ` ED L '. PHONE: [phone]
TOTAL R /W (NCSR 1127 ......5.0619 AC k ( AoPaOKO: wu
KENNETH, MALPASS & ASSOCIATES
OPOPENPSPACE REQUIRED......3.3653 AC BESSE eaeEFOOiAVHGRN CB 2z?? Pc 436 ?•' ?° " ' DATE: 4/15/04
r 1645 E ARLINGTON BLVD.. SUITE D SCALE, r-. 100'
OPEN SPACE PROVIDED ......6.1674 AC GB 325, PG 459 i E? I BUCK THIA r GREENVILLE N.C. 27858
TAX MAP NUMBER ...............4665 (252) is6-nao
JESSE ROBERT 0 •'.'_._, (I ea, DB 363. PG 543 ?ga,`,fHmpryr/ n is v
PARCEL NUMBERS ............. 068340 STARLING 1; T?
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GRAPHIC SCALE
PROPOSED NCSR 1127 (FROG LEVEL ROAD) 200'
_ _ s - ,1111
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PA (0, PUBLIC R?W - 22' PAVE6IE
4
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R;DENUIG 00 FUTURE HOROUGHFARE R/ Z
? i - --«r zorv :rlt - ? .,. e1 1 rA. WILLIAM N. 4AlPA5i. P.E. 1E823
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INET
IMPACT 1:
CHANNEL. 94 LF / 2996 SF
• N o4Qj
BUFFERS: -
?-
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;;'r:.. ZONE 1: 5193 SF (0.119 AC)
°go ZONE 2: 2941 SF (0.068 AC)
5+2844
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S A +50.83 .?.fi" ?? / ; ., ? r.?``y?• ? • } ' - ':
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+ 6Q.'2628 /AC '
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qOZZLE L?
;..., • . :: ' IMPACT 2:
68.00
R 'WOODS CHANNEL: 122 LF / 2294 SF , - t? ,• ?r ? ?. I; ?';, i I ,
BUFFERS:
ZONE 1: 5662 SF (0.130 AC)' sTn 32s.o? ?? ,? Fpl I 'c.
\ ! i ZONE 2: 2704 SF (0.062 AC)
64
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IN LIEU FEE REQUEST FORM Page 1 of 1
NORTH CAROLINA ECOSYSTEM ENHANCEMENT PROGRAM
IN LIEU FEE REQUEST FORM (revised 329/05)
Fill in information, print, sign, and date, and either mail to NCEEP, 1652 Mail Service Center, Raleigh, NC 27699-
1652, or fax to 919-715-2219. Attachments are acceptable to clarify information on the form.
1. Name of Applicant or

'
Agent Bob Zarzecki

--- - --- -------- ------ -

------
2. Name of Business' ,Soil & Environmental Consultants, PA j
3. Street Address" 010 Raven Ridge Road
4. City, State, Zip' , N C 27614
6aleigh_
- - - -
5. Telephone " 919 1846 -15900
6. Fax 1846 I - 9467
(1919 ) 8- 1
-
7. E-mail bzarzecki@nmeall-net -
8. Project Name" Brighton Place, Section 3
9. Project Location " 1Greenviile, NC
10. Lat-Long Coordinates Lat 135.5493 Long 177.4492 1
11. River Basin' Neuse
12. Cataloging Unit (8-digit) 103020202

11. Project County' I Pitt:
14. Riparian Wetland
Impact ac ' 10
-- ------ -- -- ----- ---
-
-- - -
-
15. Non-Riparian Wetland
Impact ac " 10
-- --- --- --------- -- - - ---
- -
16. Coastal Marsh Impact ?p -
- -
17. Stream-Cold Impact ( ft) r0 - -
18. Stream-Cool Impact (ft) 10 -- - - ----- -- - -- - -- -

19. Stream Warm Impact 116 feet of impact - requesting 432 feet of potential mitigation
20. *" Buffer-Zone 1 Impact
' 0 --
- - - ---- - I
-- -
s ft
21." Buffer-Zone 2Impact 10 -- -_
-- -- - ----?
s ft' - - -----
22." Buffer-Total (Zone 1 + IO
L
-- ----- --J
--
Zone 2 s ft. ---

Attachments? El Yes Signature of Applicant or Agent:

Date:
' Required Information; zero answers in 14-22 should be indicated with -0' or "NIW, not loft wank.
Buffer mitigation applicable only in the Neuse, Tar-Pamlico and Catawba River Basins
and the Randleman Lake Water Supply Watershed.
*" Go to EPA `Surf Your Watershed' hftp://cfpub.opg.gov/surfAocateAndex.cfm for CU determination.
Direct all questions to Carol Shaw at 919-733-5205 or carol.shawP-ncmail.net
http://www.ncecp.net/news/reports/fonns/ILFform.htm 6/17/2005
SOIL & ENVIRONMENTAL CONSULTANTS, PA
NC Division of 69ater Quality
Tran # Invoice Type Date Reference
7232 0617052 Invoice 06/17/05 9159.691
Date: 06/17/05
Balance
$475.00
@ ml
JUN 2 0 2005
DENR - wAfER QUALITY
WETI; d:CS NJD SM1.4 iATER MICH
Check Number: 17646
Check Acct: $475.00
Discount Pay Amount
$0.00 $475.00