19970904 Ver 1_COMPLETE FILE_19971022

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?'r 401 ISSLED
DEM ID: CORPS ACTION ID:
NATIONWIDE PERMIT REQ T (PROVIDE NATIONWIDE PERMIT#): 12 tick
PRE-CONSTRUCTION NOTIFICATION APPLICATION'S
FOR NATIONWIDE PERMITS THAT REQUIRE:
1) NOTIFICATION TO THE CORPS OF ENGINEERS
2) APPLICATION FOR SECTION 401 CERTIFICATION
3) COORDINATION WITH THE N.C. DIVISION OF COASTAL MANAGEMENT
SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TOT HE APPROPRIATE FIELD OFFICE OF THE
CORPS OF ENGIENERS (SEE AGENCY ADDRESSEE SHEET). SEVEN (7) COPIES SHOULD BE SENT TO THE N.C.
DIVISION OF ENVIRONMENTAL MANAGEMENT (SEE AGENCY ADDRESSES SHEET). PLEASE PRINT.
1. OWNERS NAME:
Sterling House Corporation
*See bottom of page for developer
2. MAILING ADDRESS
SUBDIVISION NAME:
453 S. Webb Road, Suite 500
CITY: Wichita STATE: Kansas ZIP CODE: 67207
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM MAILING ADDRESS
ABOVE: Gold Rock Road, north of Beaver Pond Drive
Rocky Mount, North Carolina
3. TELEPHONE NUMBER (HOME):
(WORK):
4. IF APPLICABLE: AGENT"S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS, PHONE NUMBER:
Mr. Larry Armstrong, P.E. - S&ME, Inc.
155 Tradd Street, Spartanburg, South Carolina 29301
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC MAP OR AERIAL
PHOTOGARPHY WITH SCALE):
COUNTY: NASH NEAREST TOWN OR CITY: ROCKY MOUNT
(See Wetland Evaluation Report)
DEVELOPER:
Mr. Pete Russell [phone]
SDR Development, Inc.
1233 2nd Street
Sarasota, Florida 34236
A "%?
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS,
LANDMARKS, ETC.):
6. IMPACATED OR NEAREST STREAM/RIVER: Hornbeam Creek
RIVER BASIN:
7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER (SA), HIGH QUALITY WATERS
(ORW), OUTSTANDING RESOURCE WATERS (ORW), WATER SUPPLY WS-I OR WS-II)?
YES[ ] NO [ X ]
IF YES, EXPLAIN:
7b. IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR LIST OF COASTAL COUNTIES),
WHAT IS THE LAND USE PLAN (LUP) DESIGNATION)?
8a. HAVE AY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS PROPERTY?
YES[ ] NO [ X ]
IF YES, PROVIDE ACTION I.D. NUMBER OF PREVIOUS PERMIT AND ANY ADDITIONAL INFORMATION
(INCLUDE PHOTOCOPY OF 401 CERTIFICATION):
8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPOERTY IN THE FUTURE? YES [ ] NO [ X ]
IF YES, DESCRIBED ANTICIPATED WORK:
9a. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND: 0.4 acre
9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED IN PROJECT SITE: 0.11 acre
10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
FILLING: .06 EXCAVATION: .06
FLOODING: ---------- OTHER: ----------
DRAINAGE: --------- TOTAL ACRES TO BE MACATED: .06
2

10b. (1) STREAM CHANNEL TO BE IIv1PACATED BY THE PROPOSED PROJECT (IFRELOCATED, PROVIDE
DISTANCE BOTH BEFOREAND AFTER RELOCATION): N/A
LENGTH BEFORE: ---------- FT. AFTER: -------- FT.
WIDTH BEFORE (based on normal high water contours): ---------- FT.
WIDTH AFTER: -------- - FT.
AVERAGE DEPTH BEFORE:
FT. AFTER:
FT.
(2) STREAM CHANNEL IMPACTES WILL RESULT FROM: (CHECK ALL THAT APPLY)
OPEN CHANNEL RELOCATION: ---------- PLACEMENT OF PIPE IN CHANNEL:
CHANNEL EXCAVATION:
OTHER:
CONSTRUCTION OF DAM/FLOODING:
11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED DRAINING TO THE
POND? NONE
WHAT IS THE EXPECTED POND SURFACE AREA? ----------
12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL EQUIPMENT TO
BE USED (ATTACH PLANS: 8'/z" x 11" DRAWINGS ONLY): Install 8" sanitary sewer line approximately 3 to 4
feet below the existing ground surface in the wetland area. Also, install two new manholes. Rubber tired backhoe will
be used to dig trench. Clearing by front end loader.
13. PURPOSE OF PROPOSED WORK: Sanitary Sewer Improvements
14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN WETLANDS.
(INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS): Tie into existing sanitary sewer line
15. YOU ARE REQUIRED TO CONTACT THE U. S. FISH AND WILDLIFE SERVICE (USFWS) AND/OR NATIONAL
MARINE FISHERIES SERVICE (NMFS) (SEE AGENCY ADDRESSES SHEET) REGARDING THE PRESENCE OF
ANY FEDERALLY LISTED OR PROPOSED FOR LISTING ENDANGERED OR THREATENED SPECIES OR
CRITICAL HABITAT IN THE PERMIT ARE THAT MAY BE AFFECTED BY THE PROPOSED PROJECT.
DATE CONTACTED: (Not Required)
(ATTACH RESPONSES FROM THESE AGENCIES)
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER (SHPO) (SEE AGENCY
ADDRESSES SHEET) (REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA WHICH
MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED: (Not Required)
17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF PUBLIC (STATE)
LAND?
YES[ ] NO [ X ] (IF NO, GO TO 18)
3
AV
a. IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL DOCUMENT
PURSUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT?
YES[ ] NO [ ]
b. IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA DEPARTMENT
OF
ADMINISTRATION STATE CLEARINGHOUSE?
YES[ ] NO [ ]
IF ANSWER TO 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE STATE
CLEARINGHOUSE TO DIVISION OF ENVIRONMENTAL MANAGEMENT REGARDING COMPLIANCE WITH THE
NORTH CAROLINA ENVIRONMENTAL POLICY ACT.
QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE DIRECTED TO MS.
CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH CAROLINA DEPARTMENT OF
ADMINISTRATION, 116 WEST JONES STREET, RALEIGH, NORTH CAROLINA 27603-8003, TELEPHONE (919)
733-6369.
18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLIATION IF PROPOSED ACTIVITY
INVOLVES THE DISCHARGE OF EXCAVATED OR FILL MATERIAL INTO WETLANDS:
a. WETLAAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, LAKES AND PONDS ON THE
PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 18, 21, 26, 29, AND 38). ALL STREAMS
(INTERMITTENT AND PERMANENT) ON THE PROPERTY MUST BE SHOWN ON THE MAP. MAP
SCALES SHOULD BE 1 INCH EQUALS 50 FEET OR 1 INCH EQUALS 100 FEET OR THEIR EQUIVALENT.
b. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY PROJECT.
c. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATE SHEETS RELEVANT
TO THE PLACEMENT OF THE DELINEATION LINE.
d. ATTACH A COPY OF THE STORMWATER MANAGEMENT PLAN IF REQUIRED.
e. WHAT IS LAND USE OF SURROUNDING PROPERTY? undeveloped
f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? N/A
g. SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE.
4

NOTE: WETLANDS OR WATERS OF THE U.S. MAY NOT BE RvIPACTAED PRIOR TO:
1) ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT,
2) EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF ENVIRONMENTAL MANAGEMENT
(WATER QUALITY) CERTIFICATION, AND
3) (IN THE TWENTY COASTAL COUNTIES ONLY), A LETTER FROM THE NORTH CAROLINA DIVISION OF
COASTAL MANAGEMENT STATING THE PROPOSED ACTIVITY IS CONSISTENC WITH THE NORTH
CAROLINA COSTAL MANAGEMENT PROGRAM.
O GENT'S SIGNATURE DATE
(AGENT'S SIGNATURE VALID ONLY IF
AUTHORIZATION LETTER FROM THE
OWNER IS PROVIDED (18g.))
Geotech\1997Aproj\6197336\applicat
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WETLAND EVALUATION
SEWER EASEMENT
STERLING HOUSE CORPORATION
GOLD ROCK ROAD (N.C. HIGHWAY 48)
ROCKY MOUNT, NORTH CAROLINA
S&ME PROJECT NO. 1261-97-336
Prepared for:
STERLING HOUSE CORPORATION
453 S. WEBB ROAD, SUITE 500
WICHITA, KANSAS 67207
Prepared by:
S&ME, Inc.
155 Tradd Street
Spartanburg, South Carolina 29301
October 1997

October 17, 1997
Sterling House Corporation
453 S. Webb Road, Suite 500
Wichita, Kansas 67207
'
ATTENTION: Ms. Alice Lassley
' Reference: WETLAND EVALUATION
Sewer Easement
Gold Rock Road (N.C. Highway 48)
Rocky Mount, North Carolina
S&ME Project No. 1261-97-336
' Ladies and Gentlemen:
As requested by Mr. James Walker of Rivers and Associates, S&ME has completed the Wetland
Evaluation for the sewer easement located west and adjacent to Gold Rock Road in Rocky Mount,
North Carolina. The opinions included herein are based on information obtained during the study
and our professional experience. The letter is based on the observations made on the dates noted and
' using the procedures described herein. If additional information becomes available, we request the
opportunity to review the information, reassess the potential environmental concerns, and if
' appropriate, modify our conclusions and recommendations.
I SEWER EASEMENT DESCRIPTION
' The sewer easement consists of a 50 foot wide by about 340 feet long section of property which is
' not developed. This strip of land is bordered on the east by Gold Rock Road, to the south by Beaver
Pond Drive, to the north by Hornbeam Creek and to the west by undeveloped land. The property
is currently heavily wooded. Topography in this area is relatively level but slopes downward into
a floodplain adjacent to Hornbeam Creek.
S&ME, Inc. 155 Tradd Street, Spartanburg, South Carolina 29301, [phone], Fox [phone]
Greenville, South Carolina, [phone]
HecyeleC PepO,
Wetland Evaluation S&ME Project No. 1261-97-336
Sewer Easement - Gold Rock Road (N.C. Hwy. 48) / Rocky Mount, NC October 17, 1997
SURFACE WATER
' A small perennial stream, Hornbeam Creek, exists along the northern boundary of the sewer
easement. The stream would be considered as a below the headwater stream with an average annual
' flow rate of greater than 5 cubic feet per second (cfs).
SCOPE OF SERVICES
' The scope of services for the Wetland Evaluation included the following:
1. Field delineation of all areas of waters of the United States located at the site.
I 2. Completion of documentation for justification and verification of the wetland/upland
boundary.
' WETLAND ASSESSMENT
Procedures
' An on-site reconnaissance of the site was completed on June 21, 1997, by Mr. Joel Hardy,
' Consulting Ecologist for S&ME, Inc.. During the site visit, all areas which would be considered as
waters of the United States were identified and the wetland/upland boundary was marked with
' individual, sequentially numbered flags. The areas of jurisdiction were identified using the currently
accepted interim methods of wetland determination described in the 1987 Corps of Engineers
' Manual for Identifying and Delineating Wetland Areas, and detailed as follows:
The present methodology for determining the specific location of the wetland jurisdiction
line pursuant to the above definition is present in the Federal Manual for Identifying and
' Delineation Wetlands, Reed, 1988 and Hydric Soils of the United States Soil Conservation
Service, 1987. This methodology was adopted by the federal agencies including the

' Wetland Evaluation
Sewer Easement - Gold Rock Road (N.C. Hwy. 48) / Rocky Mount, NC

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S&ME Project No. 1261-97-336
October 17, 1997
Environmental Protection Agency (EPA), U.S. Fish and Wildlife Service (FWS), and the
U.S. Department of Agriculture, Soil Conversation Service (SCS) to provide a concurrent
definition of wetlands. This definition states that under normal circumstances (no site
alteration by drainage, clearing, etc.) an area must compromise three components to be
declared jurisdictional - vegetation, hydrology and soils.
Vegetation: The list of hydrophytic (wetland) plants is very broad and includes
perhaps 90 percent of all species occurring in the southeastern United States
(National List of Plant Species That Occur in Wetlands: Reed, 1988). The 1987
manual states that if greater than 51 percent of the dominant vegetation within the
community is FAC, FACW or OBL, the vegetation community is considered
hydrophytic.
Hydrology: Traditionally, wetlands are thought to require standing water or at least
very moist soil conditions at the surface. The hydrologic criteria includes evidence
of floods such as water lines on trees, drift lines, buttressed bases on trees, crayfish
burrows, etc., but this criteria can also be met by a high groundwater table.
Generally, the determining factor of minimal hydrologic conditions are met by
groundwater and not surface water with this federal wetland definition.
Soils: The third requirement for a determination of jurisdiction is hydric soils.
Clearly, hydrology and soils are tied together. Prolonged standing water obviously
implies that the underlying soils are hydric (wet). High water tables can cause the
soils to be hydric within the requirement for standing water; however, the presence
of hydric soil component does not necessarily demonstrate the presence of the
hydrology component. Positive indicators of hydrology must be visible and
confirmed before the hydrology component can be confirmed.
3

Wetland Evaluation S&ME Project No. 1261-97-336
Sewer Easement - Gold Rock Road (N.C. Hwy. 48) / Rocky Mount, NC October 17, 1997
DELINEATION SURVEY RESULTS
Results of the field delineation of wetlands may be seen on the attached Wetlands Survey by Rivers
and Associates with the wetland limits marked on it. In general, the jurisdictional areas were
restricted to the floodplain and stream channel of Hornbeam Creek. Data substantiating the
jurisdictional determination is attached for review.
CONCLUSIONS
It is our understanding that the sewer line will be installed in 103 linear feet of wetland area near
Hornbeam Creek. This wetland area that will be disturbed during construction will be less than 25
feet in width.
Federal Regulatory Authority
The Corps of Engineers (COE) generally issues two types of permits, Nationwide Permits and
Individual Permits. Nationwide Permit 12 allows for the installation of utility lines within waters
of the United States provided there is no change in the preconstruction contours and the Nationwide
Permit Conditions are followed (attached). In addition, since mechanized land clearing will be in
a forested area, the applicant must notify the District Engineer (Ms. Jean Manuele [phone])
with a Pre-Construction Notification (PCN) as early as possible. A copy of this application is
attached. Normally, notice to proceed is furnished within 30 days of receipt of the PCN. Regional
and Water Quality Certifications (attached) must also be followed during construction.
4
Wetland Evaluation S&ME Project No. 1261-97-336
Sewer Easement - Gold Rock Road (N.C. Hwy. 48) / Rocky Mount, NC October 17, 1997
C-L4SURE
We appreciate the opportunity to be of service to the Sterling House Corporation on this project. If
' you have any questions or need additional information, please do not hesitate to call.
Sincerely,
' S&ME, Inc.
' David Swoap, P. .
Project Engine
DS\LA\tah geotech\1997\proj\6197336\wetland
cc: Mr. James Walker - Rivers and Associates
Ms. Patricia Carrier - SDR Development
Ms. Jean Manuele - U.S. Army Corps of Engineers (Raleigh Regulatory Branch)

S&ME, Inc. 155 Trodd Street, Spartanburg, South Cor5ino 29301, [phone], Fox [phone]
Greenville, South Carolina, [phone]
Recycbtl Papb '

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TOPOGRAPHIC MAP ~~ N ` •°
ROCKY MOUNT. N.C. QUADRANGLE
DATED 1977 QUADRANGLE LOCATION
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WETLAND /UPLAND BOUNDARY
Ago DATA POINT LOCATION
WETLAND DELINEATION MAP
MCALE: N.T.S. dl 0 [ROCKY ANITARY SEWER EASEMENT Flats NO
BY., CNN OLD ROCK ROAD 2
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DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Project/Site: Gold Rock Road Date: 6/21/97 County:_
Applicant/Owner: Nash State: NC
Investigator: S&ME Inc. Joel Hard
Do Normal Circumstances exist on the Site? Yes X No Community ID:
Is the site significantly disturbed (A typical Situation) Yes_ No X Transect ID: Plot
Is the area a potential problem area? Yes_ No X ID: AD
(If needed, explain on reverse)
VEGETATIONS

Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator
1. Q. Rubrum T FACU 9.
2. Prunus serotina T FACU 10.
3. Ulmus alata T FACW 11.
4. Lipuidambar sty. T FAC 12.
5. Solidago sp. H FAC 13.
6. Rubas sp. H FAC 14.
7. 15.
8. 16.
Percent of Dominant Species that are OBL, FACW or FAC (excluding FAC - 66
Remarks: > 51 % of dominant vegetation FAC, FACW or OBL
I
HYDROLOGY

_ Recorded Data (Describe in Remarks): Wetland Hydrology Indicators:
-Stream, Lake, Or Tide Gauge Primary Indicators:
-Aerial Photographs
-Other - Inundated
_ Saturated in Upper 12 inches
X No Recorded Data Available _ Water Marks
_ Drift Lines
_ Sediment Deposits
_ Drainage Patterns in Wetlands
Secondary Indicators (2 or more required):
_ Oxidized Root Channels in Upper 12 inches
_ Water-stained Leaves
_ Local Soil Survey Data
_ FAC Neutral Test
_ Other (Explain in Remarks)

Field Observations:
Depth of Surface Water: N/A (in.)
Depth to Free Water in Pit: N/A (in.)
Depth to Saturated Soil: 26 in.)
Remarks: No surficial signs of hydrology at the time of inspection.

SOILS

DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
(Continued)
AD
Map Unit Name Drainage Class:
(Series and Phase): N/A
Field Observations
Taxonomy (Subgroup): Confirm Mapped Type? Yes No
Profile Description:
Depth Matrix Color Mottle Colors Mottle Texture, Concretions,
inches Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structures, etc.
0-4 A 10YR 3/1 Sandy alluvium
4-11 B 10YR 3/2 Sandy alluvium
11-26 B 10YR 4/2 Sandy all
uvium
26-30 B 10YR 4/3 Sandy clay
Hydric Soil Indicators:
_ Histosol _ Concretions
_ Histic Epipedon - High Organic Content
_ Sulfidio Odor _ Organic Streaking in Sandy Soils
_ Aquio Moisture Regime _ Listed on Local Hydric Soils List
_ Reducing Conditions _ Listed on National Hydric Soils List
Gle ed or Low-Cluoma Colors Other (Explain in Remarks
Remarks: Munsell reading is non-hydric (chroma $ 2 w/o mottles) w/o surficial evidence o fhydrology
WETLAND DETERMINATION

Hydrophytic Vegetation? Yes X No_
Wetland Hydrology Present Yes_ No X
H dric Soils Present? Yes No }
Remarks: Hydric soils and hydrology absent
Is this Sampling
Point within a Wetland?
1
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DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Project/Site: Gold Rock Road Date: 6/21/97
Applicant/Owner:
County: Nash
Investigator: S&ME (Joel Hardy)
State: NC
Do Normal Circumstances exist on the Site? Yes X No Community ID: Transect
Is the site significantly disturbed (A typical Situation) Yes_ No X ID: Plot ID: AW
Is the area a potential problem area? Yes_ No X
(If needed, explain on reverse)
VEGETATIONS
Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator
1. Ulmus alata T FACW 9.
2. Betula niera T OBL 10.
3. Saururus cemuus H OBL 11.
4. Pilea pumila H OBL 12.
5. Lavortea cauudensis H FACW 13.
6. 14.
7. 15.
8. 16.
Percent ofDominant Species that are OBL, FACW or FAC (excluding FAC - 100
Remarks: > 51% of dominant vegetation FAC, FACW or OBL
HYDROLOGY
_ Recorded Data (Describe in Remarks): Wetland Hydrology Indicators:
Stream, Lake, Or Tide Gauge Primary Indicators:
-Aerial Photographs
-Other Inundated
X Saturated in Upper 12 inches
X No Recorded Data Available _ Water Marks
X Drift Lines
X Sediment Deposits
_ Drainage Patterns in Wetlands
Secondary Indicators (2 or more required):
X Oxidized Root Channels in Upper 12 inches
X Water-stained Leaves
_ Local Soil Survey Data
_ FAC Neutral Test
_ Other (Explain in Remarks)

Field Observations:
Depth of Surface Water: N/A (in.)
Depth to Free Water in Pit: 4 (in.)
Depth to Saturated Soil: Surf in.
Remarks: Primary and secondary indicators of hydrology present at time of inspection.

DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
(Continued)
1 AW
SOILS

1

WETLAND DETERMINATION

Map Unit Name Drainage Class:
(Series and Phase):
Field Observations
Taxonomy (Subgroup): N/A Confirm Ma ed Type? Yes No
Profile Description:
Depth Matrix Color Mottle Colors Mottle Texture, Concretions,
inches Horizon (Munsell Moist) (Munsell Moist) Abwidance/Contrast Structures, etc.
0-3 A 10YR 3/1 Muck
3-17 B 10YR 4/1 10YR 5/6 Few Clay
17-30 B 10YR 5/1 10YR 516 Few Clay
Hydric Soil Indicators:
_ Histosol _ Concretions
_ Histic Epipedon _ High Organic Content
5ulfidio Odor _ Organic Streaking in Sandy Soils
X Aquio Moisture Regime _ Listed on Local Hydric Soils List
_ Reducing Conditions _ Listed Olt National Hydric Soils List
X Gle ed or Low-Chroma Colors Other (Explain in Remarks
Remarks: Munsell reading is hydric (chroma < 2 w/mottles) with the presence of primary and secondary indicators of hydrology.
Yes X No
Yes X No Is this Sampling
Yes X No Point within a Wetland?
Hydrophytic Vegetation?
Wetland Hydrology Present
H dric Soils Present?
Remarks: All parameters present

FROM RALEIGH REGULATORY 10.10.1997 09:46 P.02

NATIONWIDE PERMIT #12: UTILITY LINE HACKFILL AND BEDDING. Authorizes the
discharge of dredged or fill material associated with excavation, backfill or
bedding for utility lines, including outfall and intake structures, provided
there is no change in preconstruction contours.
Note: This nationwide permit(NWP) does not autborize access roads, temporary
or permanent, or foundations associated with overhead utility lines.
NATIONWIDE PERMIT CONDITIONS
1. Navigation. No activity may cause more than a minimal adverse
effect on navigation.
2. Proper maintenance. Any structure or fill authorized shall be
' properly maintained, including maintenance to ensure public safety.
3. Erosion and siltation controls. Appropriate erosion and siltation
controls must be used and maintained in effective operating condition during
construction, and all exposed soil and other fills, as well as any work below
the ordinary high water mark or high tide line, must be permanently stabilized
at the earliest practicable date.
' 4. Aquatic life movements. No activity may substantially disrupt the
movement of those species of aquatic life indigenous to the water body,
including those species which normally migrate through the area, unless the
activity's primary purpose is to impound water.
5. Equipment. Heavy equipment working in wetlands must be placed on
mats, or other measures must be taken to minimize soil disturbance.
6. Regional and case-by-case conditions. The activity must comply with
any regional conditions which may have been added by the Division Engineer
(see 33 CFR 330.4(e)) and with any case specific conditions added by the Corps
or by the State or tribe in its Section 401 water quality certification.
7.• Wild and Scenic Rivers. No activity may occur in a component of the
National Wild and Scenic River System; or in a river officially designated by
Congress as a "study river" for possible inclusion in the system, while the
river is in an official study status; unless the appropriate Federal agency,
with direct management responsibility for such river, has determined in
writing that the proposed activity will not adversely effect the Wild and
Scenic River designation, or study status. Information on wild and Scenic
' Rivers may be obtained from the appropriate Federal land management agency in
the area (e.g., National Park Service, U.S. Forest Service, Bureau of Land
Management, U.S. Fish and Wildlife Service.)
' B. Tribal rights. No activity or its operation may impair tribal
rights, including, but not limited to, reserved water rights and treaty
fishing and hunting rights.
9. Water quality certification. The permittee must comply with all
conditions of General Water Quality Certification No. 3101, issued by the
North Carolina Division of Water Quality (NCDWQ) on February 11, 1997.
' 10. Coastal zone management. The North Carolina Division of Coastal
Management (NCDCM), has determined that this NWP is conditionally consistent
with the North Carolina Coastal Management Program. Notification to and
written concurrence from the NCDCM is required prior to work in the twenty
(20) coastal counties of North Carolina.

FROM RALEIGH REGULATORY 10.10.1997 09:47 P.03
' il. Endangered species.
a. No activity is authorized under any NWP which is likely to
jeopardize the continued existence of a threatened or endangered species or a
species proposed for such designation, as identified under the Federal
Endangered Species Act, or which is likely to destroy or adversely modify the
critical habitat of such species. Non-Federal permittees shall notify the
District Engineer if any listed species or critical habitat might be affected
or is in the vicinity of the project, and shall not begin work on the activity
until notified by the District Engineer that the requirements of the
1 Endangered Species' Act have been satisfied and that the activity is
authorized.
b. Authorization of an activity by a NWP does not authorize
the take of a threatened or endangered species as defined under the
Federal Endangered Species Act. In the absence of separate authorization
(e.g., an ESA Section 10 Permit, a Biological Opinion with incidental
take provisions, etc.) from the U.S. Fish and Wildlife Service or the .
1 National Marine Fisheries Service, both lethal and non-lethal takes
of protected species are in violation of the Endangered Species Act.
Information on the location of threatened and endangered species and
their critical habitat can be obtained directly from the offices of the
U.S. Fish and Wildlife Service and National Marine Fisheries Service or
their world wide web pages at http://www.fws.gov/'r9endspp.html and
http://kingfish.spp.mnfs.gov/tmcintyr/prot_res.html#ES and Recovery,
respectively.
12. Historic properties. No activity which may affect historic
properties listed, or eligible for listing, in the National Register of
Historic Places is authorized, until the District Engineer has complied with
the provisions of 33 CFR 325, Appendix C. The prospective permittee must be
notify the District Engineer if the authorized activity may affect any
historic properties listed, determined to be eligible, or which the
prospective permittee has reason to believe may be eligible for listing on the
National Register of Historic Places, and shall not begin the activity until
notified by the District Engineer that the requirements of the National
Historic Preservation Act have been satisfied and that the activity is
authorized. Information on the location and existence of historic resources
can be obtained from the State Historic Preservation office and the National
Register of Historic Places (see 33 CFR 330.4(g)).
13. Notification (required if mechanized land clearing is in a forested
area; a Section 10 permit is required for the utility line; the utility line
in waters of the United States exceeds 500 feet; or the utility line is placed
within a jurisdictional area and it runs parallel to a stream bed that is
within that jurisdictional area).
a. Timing. Where required by the terms of the NWP, the
prospective permittee must notify the District Engineer with a Pre-
Construction Notification (PCN) as early as possible and shall not begin the
activity:
(1) Until notified by the District Engineer that the activity
may proceed under the NWP with any special conditions imposed by the District
or Division Engineer; or

2
L!

I tKUR XHLE16H RhUULHFURY 10. 10.1997 09:47 P.04

(2) If notified by the District or Division Engineer that an
individual permit is required; or
(3) Unless 30 days have passed from the District Engineer's
receipt of the notification and the prospective permittee has not received
notice from the District or Division Engineer. Subsequently, the permittee's
right to proceed under the NWP may be modified, suspended, or revoked only in
accordance with the procedure set forth in 33 CFR 330.5(d)(2).
b. Contents of notification. The notification must be in writing
and include the following information;
(1) Name, address and telephone numbers of the prospective
permittee;
(2) Location of the proposed project; and
(3) Brief description of the proposed project; the prbject's
purpose;-direct and indirect adverse environmental effects the project would
cause; and other NWP(s), regional general permit(s) or individual permit(s)
used or intended to be used to authorize any part of the proposed project or_
' arty related activity.
c. Form of Notification: The standard individual permit
application form (Form ENG 4345) may be used as the notification but must
clearly indicate that it is a PCN and must include all the information
required in b.(1)-(3) of Gonteral.Condition 13. A letter may also be used.
d. District Engineer's Decision: In reviewing the pre-
construction notification for the proposed activity, the District Engineer
will determine whether the activity authorized by the NWP will result in more
than minimal individual or cumulative adverse environmental'effects or may be
contrary to the public interest. The prospective permittee may, optionally,
submit a proposed mitigation plan with the pre-construction notification to
expedite the process and the District Engineer will consider any optional
mitigation the applicant has included in the proposal in determining whether
the net adverse environmental effects of the proposed work are minimal. If
the District Engineer determines that the activity complies with the terms and
conditions of the NWP and that the effects are minimal, the District Engineer
will notify the permittee and include any conditions the District Engineer
deems necessary.

Any mitigation proposal must be approved by the District Engineer prior
to commencing work. If the prospective permittee elects to submit a
mitigation plan, the District Engineer will expeditiously review the proposed
mitigation plan, but will not commence a second 30-day notification procedure.
If the net adverse effects of the project (with the mitigation proposal) are
determined by the District Engineer to be minimal, the District Engineer will
provide a timely written response to the applicant stating that the project
can proceed under the terms and conditions of the NWP.
If the District Engineer determines that the adverse effects of the
proposed work are more than minimal, then he will notify the applicant either:
(1) that the project does not qualify for authorization under
the NWP and instruct the applicant on the procedures to seek authorization
under an individual permit;

I FROM RALEIGH REGULATORY 10.10.1997 09:47 P.05
11

(2) that the project is authorized under the NWP subject to the
applicant's submitting a mitigation proposal that would reduce the adverse
effects to the minimal level; or
(3) that the project is authorized under the NWP with specific
modifications or conditions.
e. Agency Coordination. The District Engineer will consider any
comments from Federal and State agencies concerning the proposed activity's
compliance with the terms and conditions of the NWPs and the need for
mitigation to reduce the project's adverse environmental effects-to a minimal
level.
Optional Agency Coordination. For NWP 12, where a Regional
Administrator of EPA, a Regional Director of USFWS, or a Regional Director of
NMFS has formally requested general notification from the District Engineer
for the activities covered by any of these NWPs, the Corps will provide the
requesting agency with notification on the particular NWPs. However, where
the agencies have *a record of not generally submitting substantive comments on
activities covered by any of these NWPs, the Corps District may discontinue
providing notification to those regional offices. The District Engineer will
coordinate with the resource agencies to identify which activities involving..a
PCN that the agencies will provide substantive comments to the Corps. The
District Engineer may also request comments from the agencies on a case by
case basis when'the District Engineer determines that such comments would
assist the Corps in reaching a decision whether effects are more than minimal
either individually of cumulatively.
f. Wetlands Delineations. Wetland delineations must be prepared
in accordance with the current method required by the Corps. The permittee
may ask the Corps to delineate the special aquatic site. There may be some
delay if the Corps does the delineation. Furthermore, the 30-day period will
not start until the wetland delineation has been completed and submitted to
the Corps, where appropriate.
g. Mitigation. Factors that the District Engineer will consider
when determining the acceptability of appropriate and practicable mitigation
include, but are not limited to:
(1) To be practicable, the mitigation must be available and
capable of being done considering costs, existing technology and logistics in
light of the overall project purposes; and
(2) To the extent appropriate, permittees should consider
mitigation banking and other forms of mitigation including contributions to
wetland trust funds, inlieu fees to organizations such as The Nature
Conservancy, State or county natural resource management agencies, where such
fees contribute to the restoration, creation, replacement, enhancement or
preservation of wetlands. Furthermore, examples of mitigation that may be
appropriate and practicable include but are not limited to: reducing the size
of the project; establishing wetland or upland buffer zones to protect aquatic
resource values; and replacing the loss of aquatic resource values by
creating, restoring and enhancing similar functions and values. in addition,
mitigation must address wetland impacts, such as functions and values, and
cannot be simply used to offset the acreage of wetland losses that would occur
in order to meet the acreage limits of some of the NWPs (e.g., for NWP 26, 5
acres of wetlands cannot be created to change a 6-acre loss of wetlands to a 1
acre loss; however, 2 created acres can be used to reduce the impacts of a 3-
acre loss.).

FROM RALEIGH REGULATORY 10.10.1997 09:48 P.06

14. Compliance certification. Every permittee who has received a NWP
verification from the Corps will submit a signed certification regarding the
completed work and any required mitigation. The certification will be
forwarded by the Corps with the authorization letter and will include:
a. A statement that the authorized work was done in accordance with
the Corps authorization, including any general or specific conditions;
b. A statement that any required mitigation was completed in
accordance with the permit conditions; and

1

17

C. The signature of the permittee certifying the completion of the
work and mitigation.
15. Multiple use of NWPs. In any case where NWP number 12 through 40
is combined with any other NWP number 12 through 40, as part of a single and
complete project, the permittee must notify the District Engineer in
.accordance with paragraphs a., b., and c. of the Notification General
Condition number 13. Any NWP number 1 through 11 may be combined with any
other NWP without notification to the Corps, unless notification is otherwise
required by the terms of the NWPs. As provided at 33 CFR 330.6(c) two or more
different NWPs can be combined to authorize a single and complete project.
However, the same NWP cannot be used more that once for a single and complete
project.
5

n
I FROM RALEIGH REGULATORY 10.10.1997 09:48 P.07
SECTION 404 ONLY CONDITIONS
In addition to the General Conditions, the following conditions apply
only to activities that involve the discharge of dredged or fill material in
waters of the United States, and must be followed in order for authorization
by the NWPs to be valid:

1

1. Water supply intakes. No discharge.of dredged or fill material may
occur in the proximity of a public water supply intake except where the
discharge is for the repair of the public water supply intake structure or
adjacent bank stabilization.
2. Shellfish production. No discharge of dredged or fill material may
occur in areas of concentrated shellfish production, unless the discharge is
directly related to a shellfish harvesting activity authorized by NWP 4.
3. Suitable material. No discharge of dredged or fill material may
consist of unsuitable material (e.g., trash, debris, car bodies, asphalt,
etc.,) and material discharges must be free from toxic pollutants in toxic
amounts (see Section 307 of the Clean Water Act).
4. Mitigation. Discharges of dredged or fill material into waters of ..
the United States must be minimized or avoided to the maximum extent
practicable at the project site (i,e., on-site), unless the District Engineer
approves a compensation plan that the District Engineer determines is more
beneficial tb the environment than on-site minimization or avoidance measures.
5. Spawning areas. Discharges in spawning areas during spawning
seasons must be avoided to the maximum extent practicable.
6. Obstructions to high flows. To the maximum extent practicable,
discharges must not permanently restrict or impede the passage of normal or
expected high flows or cause the relocation of the water (unless the primary
purpose of the fill is to impound waters).
7. - Adverse effects from impoundments. If the discharge creates as
impoundment of water, adverse effects on the aquatic system caused by the
accelerated passage of water and/or the restriction of its flow shall be
minimized to the maximum extent possible.
. 8. Waterfowl breeding areas. Discharges into breeding areas for
migratory waterfowl must be avoided to the maximum extent practicable.
9. Removal of temporary fills. Any temporary fills must be removed in
their entirety and the affected areas returned to their preexisting elevation.
6
1
FROM RALEIGH REGULATORY 18.18.1997 89:48
REGIONAL CONDITIONS
1. Prior to the use of any NWP in a designated "Outstanding Resource
Water" (ORW), a designated "High Quality Water" (HQW) or a designated "Primary
Nursery Area" (PNA), of North Carolina or in contiguous wetlands (as defined
by the North Carolina Division of Water Quality) to any of the above waters,
proponents must notify the Wilmington District Engineer and furnish a written
statement of compliance with all of the conditions of the applicable Nwp.
Notification will include the location of work; a description of work; a
delineation of wetlands; a discussion of alternatives to working in the waters
and/or contiguous wetlands and why alternatives were not selected; and a plan
to provide compensatory mitigation for all unavoidable adverse impacts to the
waters and/or adjacent wetlands as may be required by the applicable NWP.
Work may proceed only after the permittee has received written, telephonic, or
faxed approval from the authorized representative of the District Engineer to
proceed. Normally such notice to proceed-will be furnished within 30 calendar
days of receipt.of the above information.
2. Prior to use of any NWP in a designated "Area of Environmental
Concern" (AEC) in the twenty (20) counties of Eastern North Carolina covered
by the North Carolina Coastal Area Management Act (CAMA), a proponent must
first obtain the required LAMA permit and furnish a copy of the CAMA permit to
the Wilmington District.
3. Prior to the use of any NWP on a barrier island of North Carolina,
proponents must notify the Wilmington District Engineer and furnish a written
statement of compliance with all of the conditions of the applicable NWP.
Notification will include the location of work; a description of work; a
delineation of wetlands; a discussion of alternatives to the work and why
alternatives were not selected; and a plan to provide compensatory mitigation
for all unavoidable adverse impacts to wetlands or waters as may be required
by the conditions of the applicable NW?. work may proceed only after the
permittee has received written, telephonic, or faxed approval from the
authorized representative of the District Engineer to proceed. Normally such.,
notice to proceed will be furnished within 30 calendar days of receipt of the
above information.

4. Prior to the use of anyNWP in a "Mountain or Piedmont Bog" of North
Carolina, proponents must notify the Wilmington District Engineer and furnish
a written statement of compliance with all of the conditions of the applicable
NWP. Notification will include the location of work; a description of work; a
delineation of wetlands; a discussion of alternatives to the work and why
alternatives were not selected; and a plan to provide compensatory mitigation
for all unavoidable adverse impacts to wetlands or waters as may be required
by the conditions of the applicable NWP. work may proceed only after the
permittee has received written, telephonic, or faxed approval from the
authorized representative of the District Engineer to proceed. Normally such
notice to proceed will be furnished within 30 calendar days of receipt of the
above information.
P.88

FROM RALEIGH REGULATORY 10.10.1997 09:49 P.09
5. Prior to use of an NWP for construction any of animal waste facilities
in waters and/or wetlands of North Carolina, proponents must notify the
Wilmington District Engineer and furnish a written statement of compliance
with all of the conditions of the applicable NWP. Notification will include
the location of work; a description of work; a delineation of wetlands; a
discussion of alternatives to the work and why alternatives were not selected;
and, a plan to provide compensatory mitigation for all unavoidable adverse
impacts to wetlands or waters as may be required by the applicable NWP. Work
may proceed only after the permittee has received written, telephonic, or
faxed approval from the authorized representative of the District Engineer to
proceed. Normally such notice to proceed will be furnished within 30-calendar
days of receipt of the above information.
NOTE: The total area of wetlands impacted, including wetlands drained by
upland perimeter ditches or by other means, will be considered as cumulative
impacts in making a decision to assert discretionary authority under any NWP.
6. Prior to the use of any NWP in mountain trout waters within twenty-
five (25) designated counties of North Carolina, proponents must notify the
Wilmington District Engineer and furnish a written statement of compliance
with all of the conditions of the applicable NWP. Notification will include a
letter of comments and recommendations from North Carolina Wildlife Resources
Commission (NCWRC); the location of work; a delineation of wetlands; a
discussion of alternatives to working in the mountain trout waters and why
alternatives were not selected; and a plan to provide compensatory mitigation
for all unavoidable adverse impacts to the mountain trout waters. Work may
proceed only after the permittee has received written, telephonic, or faxed
approval from the authorized representative of the District to proceed.
Normally such notice to proceed will be furnished within 30 calendar days of
receipt of the above information.
a. The twenty-five (25) designated counties are:
Alleghany Ashe Avery
Buncombe Burke Caldwell
Cherokee Clay Graham
Haywood Henderson Jackson
Macon Madison McDowell
Mitchell Polk Rutherford
Stokes Surry Swain
Transylvania Watauga Wilkes
Yancy
b. To obtain the required letter of approval from the North Carolina
Wildlife Resources Commission (NCWRC), a proponent should contact:
North Carolina Wildlife Resources Commission
Habitat Conservation Program Manager
512 North Salisbury Street
Raleigh, NC 27611
Telephone [phone]

r
8
t__... -
FROM RALEIGH REGULATORY 10.10.1997. 09:49 P.10
7. Proponents must notify the Wilmington District Engineer and furnish a
written statement of compliance with all of the following conditions prior to
starting work. Notification must include the location of work, a description
of work, a delineation of wetlands for sewer, water and petroleum product
pipelines (including natural gas), a mitigation plan/proposal for all
permanent impacts of more than one (1) acre of waters and/or wetlands
resulting from installation of sewer, water or petroleum products or natural
gas pipelines, and a wetland restoration plan and schedule for the site.
Notification and written statement of compliance shall not be required fox
installation of natural gas service pipelines connecting a main to an end user
unless (a) mechanized land clearing is to be utilized in a forested wetland,
(b) a Section 10 permit under the Rivers and Harbors Act of 1899 is required,
(c) the line in waters of the United States exceeds 500 feet in length, or (d)
the line is placed within a wetland running parallel to a stream bed also
within that wetland. Work may proceed only after the permittee has received
written, telephonic or faxed approval from the authorized representative of
the District to proceed. Normally such notice to proceed will be furnished
within thirty (30) days of receipt of the above information.
' 8. The temporary placement of excavated or fill material-in waters or
wetlands will be for the absolute minimum period of time necessary to
accomplish the work.
9. Each individual crossing will be stabilized immediately with native
vegetation, i.e., an approved wetland mix, upon completion of the crossing.
Stabilizing with nonnative grasses (i.e., fescue, etc.) is prohibited.
t 10. Work plans must be proveded and must be sized to 8-1/2 by 11 inches.
il. Anti-seep collars must be installed, at no greater than 150-foot
intervals, on all sewer and drain lines placed in wetlands, and all utility
lines must be installed to prevent drainage of wetlands (i.e., no "French
drain" construction, etc.). Other methods of installation (i.e., directional
drilling, trench plugs, etc.) will be considered for acceptability by the
District during individual review of preconstruction notification.
NOTE: All utility lines must be either completely elevated or buried so as
not to impact•hydrotogy, i.e., lateral flows within wetlands.

1
9

' FROM RALEIGH REGULATORY 10.10.1997 09:50
STATE CONSISTENCY'CONDITION
If the proposed activity is within the North Carolina Coastal Area, the
applicant must receive written concurrence from the North Carolina Division of
Coastal Management (NCDCM) that the activity is consistent with the North
Carolina Coastal Management Program.
WATER QUALITY CERTIFICATION CONDITIONS
1 1. Activities covered by this General Certification do not require
written concurrence from the North Carolina Division of Water Quality (NCDWQ)
as long as.they comply with all conditions of this General Certification and
NWP No. 12. Any condition in this Certification which is not met requires
notification to and written concurrence from NCDWQ.
2. If the edge of the construction corridor is installed parallel to and
closer than 10 feet (3 meters) to a stream or if the utility line crosses a
stream channel at less than 75 degrees or more than 105 degrees (i.e.; not
perpendicular stream crossing) of the stream bank, notification to and written
concurrence from NCDWQ is required.
3. Any wastewater line that crosses' any stream shown on the most recent
version of the 1:24,000 USGS topographic map as permanent or intermittent
shall be installed with no-seam piping. If no-seam piping is not able to be
installed, written concurrence from NCDWQ is required.
4. Construction corridors parallel to streams shall be placed at the
furthest distance from the stream to the maximum extent practicable.
5. Measures shall be taken to prevent live or fresh concrete from coming
into contact with waters of the State until the concrete has hardened.
' b. Placement of riprap is restricted to the stream bottom and banks
directly impacted by the placement of the utility line. Riprap may only be
used below the normal high water level. The stream berm must be restored to
the original contour after construction.
1 7. Appropriate sediment and erosion control practices which equal or
exceed those outlined in the "North Carolina Sediment and Erosion Control
Planning and Design Manual" or the "North Carolina Surface Mining Manual"
(available from the North Carolina Division of Land Management in the DERNR
Regional or Central Offices) will be utilized to prevent'exceedances of the
appropriate turbidity water quality standard (50 NTU's in streams and rivers
not designated as trout by NCDWQ, 25 NTU's in all saltwater classes and all
lakes and reservoirs, and 10 NTU's in trout waters).
8. All sediment and erosion control measures placed in wetlands or waters
shall be-removed and the natural grade restored after the North Carolina
' Division of Land Resources has released the project.
9. Annual species suitable for wetland locations shall be planted within
jurisdictional wetlands for soil and erosion control. Perennials such as
fescue are prohibited.
10. No fertilizer shall be applied within 10 feet (3 meters) of streams.
' 11. The construction corridor (including access roads and stockpiling of
materials) will be limited to 40 feet (12.2 meters) in width in wetlands and
must be minimized to the maximum extent practicable.
' 10
P.11
' FROM RALEIGH REGULATORY 10.10.1997 09:50 P.12

12. Permanent, maintained access corridors shall be restricted to the
1 minimum width practicable and shall not exceed 10 feet (3 meters) in width
except at manhole locations. Ten foot (3-meter) by 10-foot (3-meter)
perpendicular vehicle turnarounds must be spaced at least 500 feet (152.4
meters) apart.
13. For buried utility lines, an anti-seep collar shall be placed at the
downstream (utility line gradient) wetland boundary and every 150 feet (45.7
meters) up the gradient until the utility exits the wetland. Anti-seep
collars may be constructed with class B concrete, compacted clay, PVC pipe or
metal collars. Wetland crossings that are directionally drilled and less than
150 feet (45.7 meters) long do not require anti-seep collars.
The compacted clay shall have a specific discharge of 1X10-5 cm/sec or less.
The following specifications shall apply to class B concrete:
' a. Minimum cement content, sacks
per cubic yard with rounded
course aggregate 5.0
' b•. Minimum cement content, sacks
per cubic yard with angular
course aggregate 5.5
c. Maximum water-cement ratio
gallons per sack 6.8
d, Slump range 2" to 4"
' e. Minimum strength - 28 day psi 2,500
14. This general certification does not authorize any permanent changes in
' preconstruction elevation contours in waters or wetlands. The permittee will
have a specific plan for restoring wetland contours. Any excess material will
be removed to a high ground disposal area.
15. If an environmental document is required, this Certification is not
valid until a FONS1 or ROD is issued by the State Clearinghouse.
16. Storm water management will not be required for this Certification;
however, in the twenty (20) coastal counties, the appropriate NCDWQ Regional
Office must be contacted to determine if Coastal Storm water Regulations will
apply.
17. Compensatory mitigation (i.e., restoration, creation or preservation)
for wetland losses will not be required for this Certification if written
concurrence is not needed.
18. Written concurrence is required if the maintenance corridor is greater
than 10 feet (3 meters) wide except that a maintenance corridor wider than ten
feet is acceptable for gas pipelines as long as the following provision is
met. Mitigation may be required for additional wetland fills to the
maintenance corridor beyond those widths specified in this General
Certification. Payment of a dollar per acre figure into the Wetland
Restoration Program for these impacts is acceptable as long as these impacts
are considered to be wetland fill by the Corps of Engineers. Other mitigation
plans must receive written NCDWQ concurrence.
19. This Certification does not relieve the applicant of the
responsibility to obtain all other required Federal, State or local approval.
13.

State of North Carolina
Department of Environment, O?F
Health and Natural Resources AT4 •
Division of Water Quality
i..r'`oo-
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
p E H N F?
A. Preston Howard, Jr., P.E., Director
October 27, 1997
Nash County
WQC 401 Project #970904
APPROVAL of 401 Water Quality Certification
Sterling House Corp.
453 South Webb Street
Suite 500
Wichita, Kansas 67207
Dear Sirs:
You have our approval, in accordance with the attached conditions, to place fill material in 0.06 acres of
wetlands or waters for the purpose of constructing a sewer line at Sterling House along Hornbeam Creek, as
you described in your application dated October 17, 1997. After reviewing your application, we have decided
that this fill is covered by General Water Quality Certification Number 3101. This Certification allows you to
use Nationwide Permit Number 12 when it is issued by the Corps of Engineers. In addition, you should get
any other federal, state or local permits before you go ahead with your project including (but not limited to)
Sediment and Erosion Control, Coastal Stormwater, Non-Discharge and Water Supply Watershed regulations.
Also this approval will expire when the accompanying 404 or CAMA permit expires unless otherwise specified
in the General Certification.
This approval is only valid 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 total
wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required
as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the conditions listed
in the attached certification.
If you do not accept any of the conditions of this certification, 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, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions are
final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act. If you have any questions, please telephone John Dorney at 919-733-1786.
Sincerely,
?I
ltonH d
, Jr. P. .
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Raleigh Field Office
Raleigh DWQ Regional Office
Mr. John Dorney
Central Files
David Swoap; S&ME
9709041tr
Division of Water Quality - Non-Discharge Branch
,4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer - 50% recycled/10% post consumer paper
LETTER OF TRANSMITTAL
S&ME, Inc.
155 Tradd Street
Spartanburg, South Carolina 29301
[phone]
Fox(864)576-8730
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ONWHE
ENVIRONMENTAL SERVICES
ENGINEERING • TESTING
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WE ARE SENDING YOU IR Attached El Under separate cover via - An 'In following items:
? Shop drawings ? Prints ? Plans ? Samples ecifications
? Copy of letter I0 Report ?
COPIES DATE NO. DESCRIPTION
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THESE ARE TRANSMITTED as checked below:
IN For approval
® For your use ' 'Pet- r1dL4-Q n 4'G(1° #f IZ
M As requested
? For review and comment ?
? FOR BIDS DUE
REMARKS
19 ? PRINTS RETURNED AFTER LOAN TO US
COPY TO
SIGNED: DAB -*D Ss4OAP
IF ENCLOSURES ARE NOT AS NOTED, PLEASE NOTIFY US AT ONCE.
This Letter of Transmittal and the documents accompanying this Letter of Transmittal contain information from S&ME, Inc., which is
confidential and legally privileged. The information is intended only for the use of the individual or entity named on this Letter of Transmittal. If
SWE SFG-002 you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on
(REV. 5/93) these documents is strictly prohibited.
DATE 17 1 JOB NO.
ATTENTION 0111% DorAft4
RE:
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