20030929 Ver 1_COMPLETE FILE_20030725

jS
Triage Check List
Date: 7 Z4 '-D 3 Project Name: erAVffi I4??tr TTk
DWQ#: d 3 - a9a-9
County: +sh h.1
TO: ? ARO Mike Parker ? WaRO T ffens
? FRO Ken Averitte K WiRO Noelle ran
? MRO Alan Johnson ? WSRO Daryl Lam
? RRO Steve Mitchell
From: lei N-Telephone : (919) 7,33-
The Yw
file attached is being forwarded to your for your evaluation.
Please call if you need assistance.
N-Stream length impacted
determination 0 dv{1'LS?
Stream
? Wetland determination and distance to blue-line surface waters on USFW topo maps
M-Minimization/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

Soil & Environmental Consultants, PA
11010 Raven Ridge Road - Raleigh, North Carolina 27614 - Phone: [phone] - Fax: [phone]
www.SandEC.com
y 2 , 2003
NCDENR-DWQ US Army Corps of Engineers
Attn: Mr. John Dorney Attn: Ms. Jennifer Frye
2321 Crabtree Blvd 69 Darlington Ave
Parkview Building Wilimington, NC 28403
Raleigh, NC 27604
RE: Nationwide Permits 39, & 401 Water Quality Certification
Elevated Water Storage Tank & Water System Improvements
Jacksonville, Onslow County, North Carolina U/o
S&EC Project #: 7660 AIZ9AUA!/?y
ftrlo*
Dear Ms. Frye and Mr. Dorney,
On behalf of the Town of Jacksonville, we hereby request authorization from the US
Army Corps of Engineers to use Nationwide Permit 39 to cover impacts to 285 linear feet
of a 5-foot wide jurisdictional channel/ditch (see attached overall map). We also request
written concurrence from the North Carolina Division of Water Quality that the project
complies with the 401 Water Quality Certifications associated with Nationwide Permit
39. A Pre-construction Notification Application (PCN) is attached, which includes an
agent authorization form.
The proposed project consists of impacts from the construction of a water tower tank.
The purpose of the proposed project is to alleviate problems with low water pressure in
the surrounding community. The project is located approximately 6000 feet to the
northeast of the intersection of Highway 17 and Western Blvd. (SR 1470). Specifically,
the tank site is located along Commons Drive North, between the Emergency
Communications Center and the elementary school. Please refer to the attached USGS
map, which displays the location of the proposed project.
S&EC conducted a detailed wetland delineation in May of 2003. Ms. Jennifer Frye of
the USACE conducted a site visit and confirmed our delineation on July 10, 2003.
The applicant requested a detailed wetland delineation and buffer evaluation along the
proposed water line alignment and tank site in order to avoid impacts to the maximum
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]
Hickory Office:
622 Coon Mountain Lane
Taylorsville, NC 28681
Phone [phone]
Fax: [phone]
extent possible. In fact, the location of the tank site was based on a previous delineation
that did not indicate any wetlands within the project boundary. However, during a site
visit we noted the presence of a jurisdictional feature (drainage ditch) that was not
depicted on the old delineation. The ditch appears to have been constructed in order to
provide drainage for nearby silvicultural activities. In order to construct the water tower
it will be necessary to impact 285 linear feet of a jurisdictional ditch that is 5 feet wide.
No other impacts are anticipated with the installation of the water line to be installed
within the shoulder of an existing road.
The proposed water tower project is being undertaken to upgrade and solve the
inadequate problem of water pressure for the Town of Jacksonville. The applicant has
minimized impacts by locating the water tower to the south of a large wetland area
located adjacent to the Emergency Communications Center. The USACE's current policy
requires applicants to avoid and minimize wetland and stream channel impacts to the
maximum extent practicable and compensatory mitigation to offset unavoidable losses of
waters of the US when impacts exceed the requirements for notification (0.10 acre).
Because the applicant has minimized impacts to the maximum extent possible, S&EC
believes further compensatory mitigation should not be required by the USACE.
NC-DWQ's current policy requires written concurrence for stream impacts of greater or
equal to 150 linear feet of stream length per project. We request written concurrence that
the project complies with the 401 Water Quality Certification associated with Nationwide
Permit 39. Because the impacts are below the threshold required for mitigation (<150
linear feet of perennial channel), S&EC does not believe mitigation should be required.
Please call if you require any additional information or have any questions.
Sincerely,
Todd Preuninger
Biologist/Project Manager
Attachments:
Pre-construction (PCN) notification form
USGS Site Vicinity Map
Onslow County Soil Survey Map
Impact map
Agent Authorization form
Office Use Only: Form Version May 2002
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
2. Nationwide, Regional or General Permit Number(s) Requested: 39
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 Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), 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: Town of Jacksonville - Attn: Ken Hagan
Mailing Address: 211 Johnson Avenue
Jacksonville N.C. 28541
Telephone Number: 910-938-5200 Fax Number: N/A
E-mail Address: N/A
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Todd Preuninger
Company Affiliation: Soil & Environmental Consultants. PA
Mailing Address: 11010 Raven Ridge Road
Raleigh NC 27614
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: [e-mail]
Pagel of 8
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: Elevated Water Storage Tank & Water System Improvements
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): N/A, this project is a linear project
4. Location
County: Onslow Nearest Town: Jacksonville
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers, landmarks, etc.): The proposed project is located
approximately 6000 feet to the northeast from Highway 17 where Highway 17 intersects
Western Blvd. (SR 1470). Specifically, the site is located along Commons Drive North,
between the Emergency Communications Center- and the elementary school.
5. Site coordinates, if available (UTM or Lat/Long): 34°47'50.6" N, 77°24' 12.8" W
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Property size (acres): The project is linear.
7. Nearest body of water (stream/river/sound/ocean/lake): Mill Creek
8. River Basin: Cape Fear
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.ne.us/admin/mgps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: The site is currently wooded. Land use in the vicinity of the
project is a mixture of commercial and residential subdivisions.
Page 2 of 8
10. Describe the overall project in detail, including the type of equipment to be used: The
project consists of the construction of a water tower and water line. Heavy equipment
associated with land clearing and construction will be utilized.
11. Explain the purpose of the proposed work: The proposed water tower is being undertaken
to wade and solve the inadequate problem of water pressure for the Town of Jacksonville.
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 conducted a detailed wetland delineation and Neuse River Buffer evaluation in May of
2003. Ms. Jennifer Fry of the USACE made a site visit to verify the delineation on July 10,
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.
None anticipated
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. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must 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: Permanent impacts consist of 285
linear feet (.03 acres) of a jurisdictional ditch due to the construction of the water
tower. The ditch appears to have been constructed in order to provide drainalze for
nearby silvicultural activities.
Page 3 of 8
2. Individually list wetland impacts below:
Wetland Impact
Site Number
indicate on ma)
Type of Impact* Area of
Impact
(acres) Located within
100-year Floodplain**
(yes/no) Distance to
Nearest Stream
(linear feet)
Type of Wetland***
N/A N/A N/A N/A N/A N/A

* List each impact separately and identify temporary impacts. 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 flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at http://www.fema.srov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property: ???
Total area of wetland impact proposed: ???
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact
Site Number
(indicate on map)
Type of Impact* Length of
Impact
linear feet)
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
(please specify)
Impact 1 Fill/culvert 285' UT to Mill Creek 5' Intermittent

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, 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.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.usgs.aov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.tWozone.com,
www,mgV uest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 285' (.03 acres) of
intermittent channel.
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:
Open Water Impact Area of Name of Waterbody Type of Waterbody
Site Number Type of Impact* Impact (if applicable) (lake, pond, estuary, sound,
indicate on map) (acres) bay, ocean, etc.)
N/A N/A N/A N/A N/A
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
5. Pond Creation
Page 4 of 8
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.): NA
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): NA
Size of watershed draining to pond: NA Expected pond surface area: NA
VI. 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.
A detailed delineation was conducted in order to develop a site plan that minimized impacts.
By placing the water tower farther to the east impacts to a large wetland area were avoided.
VII. 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 March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
Page 5 of 8
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://'h2o.eDr.state.ne.us/Dcwetl,-tnds/*st.nngide.htmi.
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 offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
Because impacts are below the thresholds that typically require mitigation and because
impacts have been minimized to the maximum extent possible, we do not believe mitigation
should be required. However, if mitigation is required, we propose payment to the WRP.
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
[phone] to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at http://h2o.enr.state.ne.us/wrp/index.htm. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:
Amount of stream mitigation requested (linear feet): NA
Amount of buffer mitigation requested (square feet): NA
Amount of Riparian wetland mitigation requested (acres): NA
Amount of Non-riparian wetland mitigation requested (acres): NA
Amount of Coastal wetland mitigation requested (acres): NA
VIII. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) 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 ?
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 ?
IX. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
Page 6 of 8
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.
Will the project impact protected riparian buffers identified within 15A NCAC 213 .0233
(Meuse), 15A NCAC 213 .0259 (Tar-Pamlico), 15A NCAC 213 .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )? ,
Yes ? No ® If you answered "yes", provide the following information:
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.
Zone* Impact
(square feet) Multiplier Required
Mitigation
N/A N/A N/A N/A

* Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 213 .0242 or.0260.
X. Stormwater (required by DWQ)
Describe impervious acreage (both 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.
XI. Sewage Disposal (required by DWQ)
Page 7 of 8
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.
XII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application?
Yes ? No
XIII. 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).
,?S.
Applicant/Agent's Signature lSate
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 8 of 8
EMERGENCY
COMMUNICATION,
CENTER
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DBE SCHOOL
Soil & Environmental Consultants, PA
11010 Raven Ridge Road • Raleigh, North Carolina 27614 • Phone: [phone] • Fax: [phone]
www.SandEC.com
AGENT AUTHORIZATION FORM
All Blanks To Be Filled In B The Current Landowner
Name: CITY OF JACKSONVILLE
Address:
Phone:
211 JOHNSON AVENUE, JACKSONVILLE, NC 28541
1-910-938-5200
Project Name/ Description:
ELEVATED WATER STORAGE TANK & WATER SYSTEM IMPROVEMENTS
Date: JUNE 3, 2003
The Department of the Army
U.S. Army Corps of Engineers, Wilmington District
P.O. Box 1890
Wilmington, NC 28402
Attn: ?Ie-??,?.- C'r
'yield Office: \,3 A
Re: Wetlands Related Consulting and Permitting
To Whom It May Concern:
I, the current roe 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..requ.est
supplemental information in support of applications, etc. from this day forward. The 3RD day of
JUNE 2003
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.
KEN RAGAN, CITY MANAGER
Print Property Owner's Name
cc: Mr. John Dorney
NCDENR - DWQ
2321. Crabtree Boulevard
Raleigh, NC 27604
2Z
operty O ex's Signature
cc: Mr. Todd Preuninger
Soil & Environmental Consultants, PA
Qpo!p z fficc: Gr(,Owboro affxco: Hickory Officc:
236 LePhiliip Court, Suite C 3817-E Lawndale Drive 622 Coon Mountain Lane
Concord, NC 28025 Greensboro, NC 27455 'ihylorsvil1c, NC 28681
Phone: [phone] Phone: [phone] Phone [phone]
Fax: [phone] Fax: [phone] Fax: [phone]
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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P. E. Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
Mr. Ken Hagan, City Manager
City of Jacksonville
211 Johnson Ave
Jacksonville, NC 28541
September 4, 2003
/4011 MWF
SEP 1 20oa
NATEROMUTYSEMM
SUBJECT: Approval of 401 Water Quality Certification
and Additional Conditions
Elevated Water Storage Tank
& Water System Improvements
DWQ Project # 030929
Onslow County
Dear Mr. Hagan:
You have our approval, in accordance with the attached conditions (WQC #3402), to conduct the
following activity at your property located along Commons Drive North in Jacksonville, Onslow County. This
approval allows you to:
1. Fill 0.03 acres of Section 404 Waters to construct a water tower and water line for the purpose of
improving water pressure for the Town of Jacksonville.
This approval is only valid for the purpose and design that you described in you Pre-Construction
Notification (PCN) application received by the Division of Water Quality (DWQ) on July 25, 2003. After
reviewing your application, we have determined that General Water Quality Certification Number 3402 covers
this activity. This Certification can also be found on line at:
htti):Hh2o.enr.state.nc.us/ncwetlands/certs.html. This Certification (#3402) allows you to use your 404
Permit when the Corps of Engineers issues it. Please keep in mind that there may be additional Federal, State
or Local regulations applicable to your project, such as (but not limited to) Sediment and Erosion Control,
Non-Discharge and Water Supply Watershed regulations, and NPDES Stormwater and Coastal Stormwater.
In addition, this approval will expire when the accompanying 404 Permit expires unless otherwise
specified in the General Certification.
Please be aware that if you change or modify your project, you must notify the Division
(DWQ) in writing and you may be required to send us a new application for a new certification. If the
property is sold, the new owner must be given a copy of the Certification and approval letter and is thereby
responsible for complying with all conditions. 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 and the
additional conditions listed on the following page:
N. C. Division of Water Quality 127 Cardinal Drive Extension [phone] Customer Service
Wilmington Regional Office Wilmington, NC 28405 [phone] Fax [phone] LN'it
Page Two
Mr. Hagan
DWQ Project #030929
September 4, 2003
1. The turbidity standard of 50 NTU (Nephelometric Turbidity Units) shall not be exceeded as
described in 15 A NCAC 2B .0200. Appropriate sediment and erosion control practices must
be used to meet this standard;
2. 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 this office and to the 401 /Wetlands Unit, North
Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650;
3. The only fill or excavation allowed in wetlands or waters is described in the first section of
this certification. Any additional impacts, including impacts that result from erosion, will be
a violation of this 401 Water Quality Certification.
Please notify the Wilmington Regional Office at [phone] if any problem arises during the
construction of the project that may affect water quality.
Please read the attached conditions. 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 conforming 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.
This letter completes the review of the DWQ Permit # 030929. If you have any questions, please
telephone Noelle Lutheran at 910-395-3900.
Sincerely,

Alan W. Klimek, P.E.
Director, Division of Water Quality
Attachments: GC # 3402
Certificate of Completion
cc: Todd Preuninger - S&EC
Jennifer Frye - Corps of Engineers Wilmington Field Office
Cyndi Karoly - 401/Wetland Unit, Central Office
Noelle Lutheran - WiRO
WQC #3402
GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE
43_(STORMWATER MANAGEMENT FACILITIES) AND 44 (MINING ACTIVITIES)
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 2B .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) (18, 39, 41, 42, 43 and 44) of
the Corps of Engineers regulations (i.e., Nationwide Permit No. 39) and for the Riparian Area
Protection Rules (Buffer Rules) in 15A NCAC 213 .0200. This Certification replaces Water Quality
Certification Numbers 3106 and 3108 issued on February 11, 1997, and Water Quality
Certification Number 3287 issued on June 1, 2000 and Water Quality Certification Number 3362
issued March 18, 2002. This WQC is rescinded when the Corps of Engineers re-authorizes
Nationwide Permits 18, 39, 41, 42, 43 or 44 or 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, excavation, 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. Any filling,
excavation, relocation or other modification of the existing stream (other than
flooding) must re-establish the same dimensions, patterns and profiles of the existing
channel (or those of a stable reference reach if the existing channel is unstable) to
the maximum extent practical.
• 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, excavating, 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.
WQC #3402
• Lakes and Ponds - 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.
Application Thresholds - Stream, wetland and water impacts that exceed any of the
thresholds below require a complete application and written concurrence to use this
Certification:
• Total stream impacts of greater or equal to 150 cumulative feet of stream length for
the entire project require written notification to and approval by the Division of Water
Quality, and/or
• Impacts to waters of equal to or greater than 1/3 of an acre require written notification
to and approval by the Division of Water Quality, and/or
• Wetland impacts of greater or equal to 1/3 of an acre east of 1-95 and 1/10 of an acre
west of 1-95 require written notification to and approval by the Division of Water
Quality except as specified.below. Any impacts to wetlands adjacent to waters
designated as ORW, SA, WS-I, WS-11 or Trout or are designated as a North Carolina
or National Wild and Scenic River and wetlands classified as SWL and/or UWL as
well as wetlands described in 15A NCAC 2H .0506 (e) require a complete application
and written concurrence from the Division of Water Quality to use this Certification.
These thresholds apply for the entire project regardless of the number of Nationwide
Permits applicable to the Certification that are issued by the USACE for the project;
• Written notification to DWQ is required for all applications that propose to use
Nationwide Permit 18. This notification requirement will be satisfied by providing two
(2) copies of the PCN form to DWQ at the same time that the PCN form is sent to the
US Army Corps of Engineers. A formal application and fee is not required unless
DWQ decides that an Individual Certification will be required for the project. In this
case, the applicant will be notified in writing from DWQ within 30 days of the receipt
of the written notification.
• Proposed fill or substantial modification of any amount of wetlands classified in
accordance with 15A NCAC 2B.0101 (e)(7) as Unique Wetlands (UWL) shall require
written concurrence from the Division of Water Quality;
2. 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 213 .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-11),
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
WQC #3402
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;
4. 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.
For streams classified as Water Supply, High Quality Waters and Outstanding Resource
Waters, post-construction, on-site stormwater management shall be required as
appropriate and as outlined in 15A NCAC 2B.0104(m) and 2H .1000 to.1007,
respectively, in addition to that required in this General Certification.
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.
5. 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-II unless the project is a linear, publicly-funded
transportation project, which has a 150-foot per-stream impact allowance;
6. 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
WQC #3402
project also requires a CAMA Permit, one payment to both agencies shall be submitted
and will be the higher of the two fees;
7. 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 an entire project. 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 Riparian Area Protection Rules (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. 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;
8. 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 (or a
stable reference reach if the existing channel is unstable), 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, A-Jacks, concrete, gabions or other
hard structures 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. 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;
9. 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;
WQC #3402
10. 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;
11. 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;
12. 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;
13. Measures shall be taken to prevent live or fresh concrete from coming into contact
with waters of the state until the concrete has hardened;
14. 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;
15. 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
Certifications. The applicant is required to provide evidence that the lots are buildable
without requiring additional impacts to wetlands, waters or buffers if required to do so in
writing by DWQ. For road construction purposes, this Certification shall only be utilized
from natural high ground to natural high ground;
16. Deed notifications or similar mechanisms shall be placed on all lots with remaining
jurisdictional wetlands and waters or areas within 50 feet of all streams and ponds. These
mechanisms shall be put in place within 30 days of the date of issuance of the 401
Certification letter or the issuance of the 404 Permit (whichever is later). A sample deed
notification format can be downloaded from the 401/Wetlands Unit web site at
http://h2o.enr.state.nc.us/ncwetlands . DWQ shall be sent copies of all deed restrictions
applied to these lots;
17. 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;
18. 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 18, 39, 41, 42, 43 or 44,
whichever is sooner.
WQC #3402
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 # 3402
MEMORANDUM
TO: John Dorney Regional Contact: Noelle Lutheran
Non-Discharge Branch WO Supervisor: Rick Shiver
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Elevated Water Storage Tanks & Water System
Project Number 03 0929
Recvd From APP
Received Date 7/25/03 Recvd By Region
Project Type Water Storage Tanks & Water System
County onslow
County2
Region Wilmington
Certificates Stream Stream Impacts (ft.)
Class
Permit Wetland Wetland Wetland Stream Acres Feet a
Type Type Impact Score Index Prim. Supp. Basin Req. Req.
-N 85.00
1R ?1' iter O Y O r 19-9 SC' ?TS« 30.0'. 0.03 F-
F_ 2
Mitigation Wetland
MitigationType Type Acres' Feet
Is Wetland Rating Sheet Attached? O Y ON Did you request more info? O Y ON
Have Project Changes/Conditions Been Discussed With Applicant? O Y 0 N
Is Mitigation required? 0Y * N Recommendation: O Issue O Issue/fond O Deny
Provided by Region: Latitude (ddmmss) 344751 Longitude (ddmmss) 772413
Comments:
This office has no objection to the project as proposed provided that all of the conditions of General
Water Quality Cerft #3402 and the additional conditions in the written 401 WO Ceft are met.
The 401 Water Quality Cerft was written on 09/04/03
cc: Regional Office
Central Office Page Number 1
[Fwd: Town of Jacksonville, PCN for elevated water storage tank - Onslow County]
Subject: [Fwd: Town of Jacksonville, PCN for elevated water storage tank - Onslow County]
Date: Mon, 11 Aug 2003 16:23:34 -0400
From: Cyndi Karoly <[e-mail]>
To: [e-mail]
Mike - please add to file. Thanks.
Subject: Town of Jacksonville, PCN for elevated water storage tank - Onslo w County
Date: Mon, 11 Aug 2003 07:30:58 -0500
From: "Frye, Jennifer S SAW" <[e-mail]>
To: "'[e-mail]"' <[e-mail]:?-
"'[e-mail]"' <[e-mail]>
Hello Ladies,
FYI for this project - they applied for a NWP39 - we'll be looking at this as a NWP 18, though, for 0.03 acres of
unimportant waters. Per my site visit, it did not appear that this was a channelized stream.
Let me know if you have any questions.
Hope you are both doing well,
Jen
1 of 1 8/11/2003 5:33 PM
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