19970476 Ver 1_COMPLETE FILE_19970529

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
LT.MMAI
1740
C) EHNR
June 11, 1997
Wake County
DWQ Project # 970476
COE #199700815
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
Mr. David Van Nest
P.O. Box 325
Holly Springs, NC 27540
Dear Mr. Van Nest:
You have our approval, in accordance with the attached conditions and those listed below, to place fill material in
0.33 acres of wetlands or waters for the purpose of subdivision fill adjacent to Sunset Ridge subdivision, as you described
in your application dated 29 May 1997. After reviewing your application, we have decided that this fill is covered by
General Water Quality Certification Numbers 3103 and 3108. These certifications allow you to use Nationwide Permit
Numbers 14 and 26 when they are 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. 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 except as modified
below. 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) (6) and (7). For this approval to be valid, you must follow the conditions listed in the
attached certification and any additional conditions listed below. Deed restrictions, conservation easements or similar
mechanisms shall be placed in all lots with remaining jurisdictional wetlands to prevent future fill within 30 days of the
date of this letter.
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 Domey at 919-733-1786.
S' ref ,
ton Howard, Jr. P.E.
% Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Raleigh Field Office
Raleigh DWQ Regional Office
Mr. John Domey
Central Files
Dr. Leon Jernigan; Needham & Jernigan & Associates 970476.1tr
Division of Water Quality - Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer - 501. recycled/10% post consumer paper

PRE-DISCHARGE NOTIFICATION PCN
TO: National Marine Fisheries Service
Pivers Island, NC FAX [phone]
US Fish & Wildlife Service
Asheville, NC FAX [phone]
US Fish & Wildlife Service
Raleigh, NC FAX [phone]
State Historic Preservation Office
Raleigh, NC FAX [phone]
Di:vis ' f Wa =-er Quali=ty
e1h,' FAX [phone]
NC Wildlife Resources Commission
Creedmoor, NC FAX [phone]
1. ACTION ID: 199700815 & 199700816
2. APPLICANT: David Van Nest
3. DATE OF TRANSMITTAL: 6/9/97
4. RESPONSE DEADLINE(5 days from transmittal):6/13/97
5. COMMENT DEADLINE(10 days from response deadline):6/23/97
6. SEND COMMENTS TO: RALEIGH REGULATORY FIELD OFFICE
RALEIGH, NC
ATTN: Eric Alsmeyer
FAX [phone]
We are also forwarding the attached PCN to the Fish and Wildlife
Service and the National Marine Fisheries Service for review and
comment concerning any likely affect to any threatened or
endangered species or their critical habitat within those
agencies' jurisdiction.
97 04 7 6
Needham, Jernigan, & Associates, Inc.
Environmental Consultants
Robert N. Needham [phone] Leon S. Jernigan, Jr., Ph.D. [phone]
3717 Old Fairground Road, Angier, N.C. 27501
28 May 1997
Mr. Eric Alsmeyer
Raleigh Regulatory Field Office
U.S. Army Corps of Engineers
6508 Falls of the Neuse Road, Suite 120
Raleigh, North Carolina 27615-6846
r?fit:
1997.
Dear Mr. Alsmeyer:
I\7ti7
W o
Enclosed you will find Pre-construction Notification Applications for the David Van Nest
property that we visited on 9 May 1997. Modifications for minimization were made (based on
your comments) to keep the impacts under one-third of an acre. If you have any questions, please
call.
Sincerely,
St'an' ? ? ? 9
Leon S. Jernigan, Jr., Ph.D.
cc: John Dorney, DEM
7
DEM ID:
x!70478

CORPS ACTION ID:

NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #): / 1? 0. n d 116
PRE-CONSTRUCTION NOTIFICATION APPLICATION
FOR NATIONWIDE PERMITS THAT REQUIRE:
MAY 2 9 1997
1) NOTIFICATION TO THE CORPS OF ENGINEERS
2) APPLICATION FOR SECTION 401 CERTIFICATION -NTRONWIEN Ai 3` EN ES
3) COORDINATION WITH THE NC DIVISION OF COASTAL MANAGEMENT
SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE
FIELD OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES-SHEET). SEVEN
(7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT
(SEE AGENCY ADDRESSES SHEET). PLEASE PRINT.
1. OWNERS NAME : _U 0. V i,
4011008um
2. MAILING ADDRESS : P, O, BOX 3 A S
CITY: ?f c I/T S,0 r
PROJECT LOCATION ADDRESS,
MAILING ADDRESS ABOVE): I
I
SUBDIVISION NAME:
STATE: /LAG ZIP CODE:
ING SUBDIVISION NAME (IF DIFFE
L/_ /i , - . , _ .. P, - -
r r
r 9$t
/S(/- U
FROM
m3ei Wo/k 1-4me
3. TELEPHONE NUMBER (HOME) : R1q - 5S)- 480 ?., ?c?
t. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER: -r- L Gc :1 S ?cr Kr T?
37l7 O l d )t:-a;r teurt4 p,,41,
?? 1 erg NC A?Sa f
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC
3kP OR AERIAL PHOTOGRAPHY WITH SCALE) :
MUNTY: - w Ak iz NEAREST TOWN OR CITY: r /UC
1

SPECIFIC LOCATION (INCLUDE ROAD
NUMBERS, LANDMARKS, ETC.) : Afcr? It r? the l'vlkrljecjt'm E /r other C+4-
arc/ Su u sz 1,?.' is L .e (?'7 Sys e`F Pfrd g Su4d, ?`sr'c,K;? ` ??s0 6 So r, k s
SAt?6ti a SR / 15 A IA AV S0r1 n?S A
6. IMPACTED OR NEAREST STREAM/RIVER: Hdec?'It.? T<e.?er 5 rIe.?.1 -k sa$S zd-e-
RIVER BASIN: AJO-4tc 73a
7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER
(SA), HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURCE WATERS (ORW), WATER
SUPPLY (WS-I OR WS-II) ? YES [ ] NO [y]' IF YES, EXPLAIN:
7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL
MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC) ? YES [ ] NO [?r
7c. 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?
N/A
8a. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON
THIS PROPERTY? YES [ ] NO [V]' 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 PROPERTY IN THE
FUTURE? YES [ ] NO [VT' IF YES, DESCRIBE ANTICIPATED WORK:
9a. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND: "- / ar rp S
9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
< I &cn-
2

10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
FILLING: d, 3 41 -4"EXCAVATION:
FLOODING: OTHER:
DRAINAGE:, TOTAL ACRES TO BE IMPACTED: a'-CS
MW P St & ^/ 10 P !
10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF
RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION)
LENGTH BEFORE: 6 O FT AFTER: FT
WIDTH BEFORE (based on normal high water contours): aC FT
WIDTH AFTER: FT
AVERAGE DEPTH BEFORE: ?/A FT AFTER: FT
(2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY)
OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE IN CHANNEL:
CHANNEL EXCAVATION: CONSTRUCTION OF A DAM/FLOODING:
OTHER:
11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE
WATERSHED DRAINING TO THE POND? N/,Q
WHAT IS THE EXPECTED POND SURFACE AREA? N/p
12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF
MECHANICAL EQUIPMENT TO BE USED (ATTACH PLANS: 8 142" X 11" DRAWINGS
ONLY) : 54CU.A46f- Su?tQiuifSi?y. ?-C c!! Ceks ,? t, ,((?O t2.:/???
?k?l C i /4}TO? il_? J A L2 1"1 A NC iN Y.. _ w
13. PURPOSE OF PROPOSED WORK:_ NWPOI54 - %? ?vv,`d ctCO? 5 K rnaHne.c '
y f'-a?; o /?W T?? aksS AlwP4 Q U - I.l.
l
3

14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED
OUT IN WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND
IMPACTS) : The )-oat! Gr-` -.1 c , "// Q.CC ss ? Y4,e 'oh"aA'gv a.d w,,
v ,
K w a`? 1. a K ?,'
e k' t`S m e /l
f u,?c rk o rc a d 5 e SeeDuc? cc a ,' 5 n y wu .,c-.w ?,cT]?exs /;?
1 r
I ?' WLS flN/`erc. Y-e Gi'N.S ?uc.?t`o+? e'? % /l+s?e.?n C`^Fec.,1 c? ?Lew?te7' C.1.`c? Lsw?.? 1"??-rf ?!?
I.ti ni >?i Zec? 'fkr_ Cic?eJ pnLc- ?eab" & ecrxk_c OT me ?at? la1/ Gc?t-I?
15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE AA//
(USFWS) AND/OR NATIONAL MARINE FISHERIES SERVICE (NMFS) (SEE AGENCY
ADDRESSES SHEET) REGARDING THE PRESENCE OF ANY FEDERALLY LISTED OR R?
PROPOSED FOR LISTING ENDANGERED OR THREATENED SPECIES OR CRITICAL HABITAT
IN THE PERMIT AREA THAT MAY BE-AFFECTED BY THE PROPOSED PROJECT. DATE
CONTACTED: (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 rr
PROJECT. DATE CONTACTED:-
17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF
PUBLIC (STATE) LAND?
YES (I NO [141( I F NO, GO TO 18)
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 (I
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 [phone].
4

18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF
PROPOSED ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OR FILL MATERIAL
INTO WETLANDS:
a. WETLAND 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 DATA
SHEETS RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE.
d. ATTACH A COPY OF THE STORMWATER MANAGEMENT PLAN IF REQUIRE D.??
e. WHAT IS LAND USE OF SURROUNDING PROPERTY? S +?bdlris re St t,d
f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
W c.
6uKiV/41uNile"
g. SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE.
NOTE: WETLANDS OR WATERS OF THE U.S. MAY NOT BE IMPACTED 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 CONSISTENT WITH THE NORTH CAROLINA COASTAL MANAGEMENT
PROGRAM.
O' R'S/AG T'S GN URE
(AGENT'S SIGNATURE VALID ONLY
IF AUTHORIZATION LETTER FROM
THE OWNER IS PROVIDED (18g.))
M6Ly?7
DATE
5

from: L9w To: Catt1Y Van meet

DOC mt&9T Tyne: 00:30:15
17 Match IM
Leon & Jernigao, Jr., Ph.D.
Needham, Jernigan, & Associates, hw.
3717 Old Fairground Road
Angicr, North Caralim 27504
Dear Dr. Jernigan:
Based on our meeting this mowing, I hereby authorize you to act as my agent with respect to
obviining the necessary state and federal wedand permits/certificedouus associated with the
develop ofmy property. This authorization includes permissiau to bring regulatory pm%onael
from the approprkto agencies to the property for the purpose of avaluating the proposed impacts.
If I can bo offurthor assistance, pleat let me know.
Sincerely, i
l
rl\
David Van Nest

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