20031323 Ver 1_COMPLETE FILE_20031022

W A T? Michael F. Easley, Governor
0 9 William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
j y Division of Water Quality
.? Coleen H. Sullins, Deputy Director
Division of Water Quality
December 3, 2003
Johnston County
DWQ Project # 03-1323
APPROVAL of 401 Water Quality Certification and Neuse River Buffer Rules
Donald E. Millard and Gregory Allen Johnson
Post Office Box 595
Selma, NC 27576
Subject Property: Mary Dell Subdivision
Dear Mr. Millard & Mr. Johnson:
You have our approval, in accordance with the attached conditions, to impact 0.09 acres of
wetlands and 69 feet of intermittent stream for the purpose of constructing a roadway for a
residential subdivision as you described in your application dated October 19, 2003. After
reviewing your application we have decided, this fill is covered by General Water Quality
Certification Number 3404. This Certification allows you to use Nationwide Permit Number 14
when the Corps of Engineers issues it. This approval is also valid for the Neuse River buffer rules
(15A NCAC 2B .0233). 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 send us a new application. If the property is sold,
the new owner must be given a copy of this Certification and approval letter and is thereby
responsible for complying with all conditions. This approval shall expire when the corresponding
Nationwide Permit expires or as otherwise provided in the General Certification. 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 those listed below.
Conditions of Certification:
Certification of Completion:
Upon completion of all work approved within the 401 Water Quality Certification or
applicable Buffer Rules, and any subsequent modifications, the applicant is required to
return the attached certificate of completion to the 401/Wetlands Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.

N. C. Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
Page 2
Mr. Millard & Mr. Johnson
November 26, 2003
Culvert Installation:
2. The culverts required for this project shall be installed in such a manner that the original
stream profiles are not altered. Existing stream dimensions (including the cross section
dimensions, pattern, and longitudinal profile) are to be maintained above and below
locations of each culvert. The culverts shall be designed and installed to allow for
aquatic life movement as well as to prevent head cutting of the streams. If any of the
existing pipes are or become perched, the appropriate stream grade shall be re-established
or, if the pipes installed in a perched manner, the pipes shall be removed and re-installed
correctly.
The culvert(s) shall not be installed in such a manner that will cause aggradation or
erosion of the stream up or down stream of the culvert(s). Existing stream dimensions
(including the cross section dimensions, pattern and longitudinal profile) are to be
maintained above and below locations of each culvert. As such, it is required that you
provide the plans with adequate details that indicate that the current stability of the stream
will be maintained or enhanced. You must receive written approval from this Office for
the above plans before the culvert(s) is installed. The culvert(s) must be installed
according to the approved plans.
The establishment of native, woody vegetation and other soft stream bank stabilization
techniques must be used where practicable instead of rip rap or other bank hardening
methods; If rip-rap is necessary, it shall not be placed in the stream bed, unless
specifically approved by the Division of Water Quality.
Installation of culverts in wetlands must ensure continuity of water movement and be
designed to adequately accommodate high water or flood conditions.
Upon completion of the project, the Applicant shall complete and return the enclosed
"Certificate of Completion" form to notify NCDWQ when all work included in the §401
Certification has been completed. The responsible party shall complete the attached form
and return it to the 401/Wetlands Unit of the NC Division of Water Quality upon
completion of the project. Please send photographs upstream and downstream of each
culvert site to document correct installation along with the Certificate of Completion
form.
Violations of any condition herein set forth may result in revocation of this Certification and may
result in criminal and/or civil penalties. This Certification shall become null and void unless the
above conditions are made conditions of the Federal 404 and/or coastal Area Management Act
Permit.
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.
J
Page 3
Mr. Millard & Mr. Johnson
November 26, 2003
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 919-733-9646 or Bob
Zarzecki at 919-733-9726.
JRD/bs
Sincerely,
mek, P.E.,
WQ, Director
Attachments: Certificate of Completion
Cc: USACE Raleigh Regulatory Field Office
DWQ Raleigh Regional Office
File Copy
Central Files
Lee R. Hines, Jr., Southwind Surveying and Engineering, 201 Glen Road, Garner, NC 27529
SA2003 Certification & More Info letters\DWQ# 03-1323 - Approval.doc

Office Use Only: Form Version April 2001
3?
USACE Action ID No. DWQ No.
If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than
leaving the space blank.
L Processing
Check all of the approval(s) requested for this project: WETLANDS/401 GROUP
0 Section 404 Permit
? Section 10 Permit 0 C T 2 2 2003
?? 401 Water Quality Certification
- ?
Rlpanan orWatershed Safer Rules WATER
QUALITY S

2.
Nationwide, Regional or General Permit Number(s) Requested:
NATI ONWI D6 "
ECTION
14
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 (see section VIII - Mitigation), check here: ?
) H. Applicant Information
L Owned /App_hcant Information
Name: aoNA?!' E. MIL.1,4,i-D AND 6F-660P`( Al b&N U-0HPsON
Mailing Address: POST OFFIC5 BOX 595
5ELM A, NC, 2757(o
Telephone Number: (919) 934- M10 Fax Number: 1919) 934- 9779
E-mail Address: N/A
2.- Agent 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: LEE R-- hIt4bGJT?.
Company Affiliation: SOUTHWIND 5V45Y1N6 AND EN*INEE/I?1N6, INC
Maili ng AddrEss: Z01 GLLN POAD
Telephone Number: (919) 773-013 Fax Number: (919) 773-014$
E-mail Address: rh l h e5 c south w n corn
Page 3 of 3
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.
Name of project:
MAP DELL
2. T.I.P. Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN):
U /A
#G P1AJ Zb(9-S'7-1°635
4. Location
County: ToH NSTO N Nearest Town: GLA`(TON
Subdivision name (include phase/lot number): N1APy OFiLL
Directions to site (include road numbers, landmarks, etc.): TUG 05 70 EAST TO
G,AYTON AND TANG A/C 4Z EAST. SIT& IS LOLATED TUST PAST TH5
1A/T[;F-SFGTI0N OF IVG 42- MAID NG 90 ON THE WF-T CL,tTT SiDC OF
5. Site coordinates, if available (UTM or Lat/Long): L AT 35°40' l,O N67 -7001b'30"
(Note -If pr*ct is linear, -such-as amad or utility iih a sheetAhat separately listsAhe
coordinates for each crossing of a distinct waterbody.)
6. -Describe -the existingJand-use or condition of the site at-the time of1his-application: FIELD
AND WOODS
7. Property size (acres): 43.3
-g. Nearest body of water (stream/river/sound/ocean/lake): LONG B1'ANGH
9. River Basin: IVEU56
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
Page 4 of 4
10. Describe the purpose of the proposed work: THE FOPFOSEi O F T H E WOPy- I S TO
CONSTFu(?7?FOAPWAY FbIr- A SI )5AJTI V VISIDN..
11. List the type of eqqu?ipment to be used to construct the project: EXGAVATOr- I MOTO F-
GF-ADO)V-, I AIV , PUMP Tf-U(*/-
12. Describe the-land use in-the vicinity-of this project: AC? F-I W LTUF-A 1, AO b MS I DEiN TIA L
_W. 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.
N/A
V. Future Project Plans
Are any additional permit requests anticipated for this project in the future? If so, describe the
anticipated work, and provide justification for the exclusion of this work from the current
application: ND ANTICIPAT51) P&P-MIT P-WESTS IN TH6 FUTUIZE
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. 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.
Page 5 of 5
1. Wetland Impacts
Wetland Impact
Site Number
indicate on ma
Type of Impact* Area of
Impact
acres Located within
100-year Floodplain**
es/no Distance to
Nearest Stream
linear feet
Type of Wetland***
# -t POADWAY 0.09 NO FP15S i WATEP
CROSS I NO
W/Guty T
d 1P F-A P

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 hqp://www.fema.-&ov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.)
List the total acreage (estimated) of existing wetlands on the property: 11.7 WAS
Total area of wetland impact proposed: 0.09 ACRES
2. Stream Impacts, including all intermittent and perennial streams
Stream Impact
Site Number
indicate on ma
Type of Impact* Length of
Impact
linear feet
Stream Name* * Average Width
of Stream
Before Impact Perennial or
Intermittent?
leasespecify)
# 1 YWADWAY 69' UT TO WK-4 HA 4 FT INTrMIT'TF,IUT
C,1-O% I NU
W GV(,V&P
? ??P- SAP

R 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.uses.eov. Several intemet sites also allow direct download and printing of USGS maps (e.g., www.toWzone.com,
www.mapguest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 9
Page 6 of 6
Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U. S.
Open Water Impact
Site Number
indicate on ma #
Type of Impact* Area of
Impact
acres Name of Waterbody
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.
N /A

" List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
4. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): N/A
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): VIA
Size of watershed draining to pond: N/A Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
rHb OVDPA?L S,03MVI5I01V LAYOUT WAs W-ADAE) TO WFACT TH6 WFR/AUDS
ONLY ONUS AT TR6 PPOPOS U UZOSSIIUG, WITH TH6 MAJORTY OF THI:i W61101
S
UV 1','WU OV TnT/ W??tI 5 NU UEi WVPL DS lbb PF' IN C[IFAY-11Y
F?AGbtP AND MAP16SD TO AVOID NN Frss;MY F CT-
Page 7 of 7
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on 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
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.ne.us/ncwetlands/stringide.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.
N/A
T-
Page 8 of 8
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that
you would like to pay into the NCWRP. Please note that payment into the NCWRP must be
reviewed and approved before it can be used to satisfy mitigation requirements. Applicants
will be notified early in the review process by the 401/Wetlands Unit if payment into the
NCWRP is available as an option. For additional information regarding the application
process for the NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wrpfindex.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): N/A
Amount of buffer mitigation requested (square feet): NIA
Amount of Riparian wetland mitigation requested (acres): N I A
Amount of Non-riparian wetland mitigation requested (acres): NIA
Amount of Coastal wetland mitigation requested (acres): N/ A
IX. Environmental Documentation (DWQ Only)
Does the project involve an expenditure of public funds or the use of public (federaUstate/local)
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 a 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 ?
X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only)
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 2B .0233
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes ? No 0 If you answered "yes", provide the following information:
Page 9 of 9
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
1 3
2 1.5
Total
lone 1 extends out 3U feet perpendicular from near bank of channel; Lone 2 extends an
additional 20 feet from the edge of Zone 1.
X1.
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 2B.0242 or.0260.
N/A
Stormwater (DWQ Only)
Describe impervious acreage
Discuss stormwater controls
downstream from the property
TOTAL SITU APFA' 43.3 AC
uV^T--r' r 11n1Nr=I I II II Al/
EX. i AP5PV sous Pc -bA , 0 A(
PP4P. IMPET-V10VsAPCA• 4.2AC
I V I- -
XII.
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed ro'ect or available capacity of the subject facility.
INDIV1PVAL SFTTJC TANtvS A?? I?P-D 6*P BN ICAC I SOT
X1H. Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No :RJ
Is this an after-the-fact perms application?
Yes ? No T
(both existing and proposed) versus total acreage on the site,
proposed in order to protect surface waters and wetlands
Page 10 of 10
Sewage Disposal (DWQ Only)
XIV. 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).
N/A
16-19-03
Applicant/Agent'svSignature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
US Army Corps Of Engineers Field Offices and County Coverage
Asheville Regulatory Field Office Alexander Cherokee Iredell Mitchell Union
US Army Corps of Engineers Avery Clay Jackson Polk Watauga
151 Patton Avenue Buncombe Cleveland Lincoln Rowan Yancey
Room 208 Burke Gaston Macon Rutherford
Asheville, NC 28801-5006 Cabarrus Graham Madison Stanley
Telephone: [phone] Caldwell Haywood McDowell Swain
Fax: [phone] Catawba Henderson Mecklenburg Transylvania
Raleigh Regulatory Field Office Alamance Durham Johnston Rockingham Wilson
US Army Corps Of Engineers Alleghany Edgecombe Lee Stokes Yadkin
6508 Falls of the Neuse Road Ashe Franklin Nash Surry
Suite 120 Caswell Forsyth Northampton Vance
Raleigh, NC 27615 Chatham Granville Orange Wake
Telephone: [phone] etk ti5 Davidson Guilford Person Warren
Fax: [phone] Davie Halifax Randolph Wilkes
Washington Regulatory Field Office Beaufort Currituck Jones Pitt
US Army Corps Of Engineers Bertie Dare Lenoir Tyrrell
Post Office Box 1000 Camden Gates Martin Washington
Washington, NC 27889-1000 Carteret* Green Pamlico Wayne
Telephone: [phone] Chowan Hertford Pasquotank
Fax: [phone] Craven Hyde Perquimans *Croatan National Forest Only
Wilmington Regulatory Field Office Anson Duplin Onslow
US Army Corps Of Engineers Bladen Harnett Pender
Post Office Box 1890 Brunswick Hoke Richmond
Wilmington, NC 28402-1890 Carteret Montgomery Robeson
Telephone: [phone] Columbus Moore Sampson
Fax: [phone] Cumberland New Hanover Scotland
Page 11 of 11
US Fi
US Fish and Wildlife Service
Raleigh Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
Telephone: [phone]
sh and Wildlife Service / National P
US Fish and Wildlife Service
Asheville Field Office
160 Zillicoa Street
Asheville, NC 28801
Telephone: [phone]
Zarine Fisheries Service
National Marine Fisheries Service
Habitat Conservation Division
Pivers Island
Beaufort, NC 28516
Telephone: [phone]
North Carolina State Agencies
Division of Water Quality
401 Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
Telephone: [phone]
Fax: [phone]
Division of Water Quality
Wetlands Restoration Program
1619 Mail Service Center
Raleigh, NC 27699-1619
Telephone: [phone]
Fax: [phone]
CAMA and NC Coastal Counties
State Historic Preservation Office
Department Of Cultural Resources
4617 Mail Service Center
Raleigh, NC 276994617
Telephone: [phone]
Fax: [phone]
Division of Coastal Management Beaufort Chowan Hertford Pasquotank
1638 Mail Service Center Bertie Craven Hyde Pender
Raleigh, NC 27699-1638 Brunswick Currituck New Hanover Perquimans
Telephone: [phone] Camden Dare Onslow Tyrrell
Fax: [phone] Carteret Gates Pamlico Washington
NCWRC and NC Trout Counties
Western Piedmont Region Coordinator Alleghany Caldwell Watauga
3855 Idlewild Road Ashe Mitchell Wilkes
Kernersville, NC 27284-9180 Avery Stokes
Telephone: [phone] Burke Surry
Mountain Region Coordinator Buncombe Henderson Polk
20830 Great Smoky Mtn. Expressway Cherokee Jackson Rutherford
Waynesville, NC 28786 Clay Macon Swain
Telephone: [phone] Graham Madison Transylvania
Fax: [phone] Haywood McDowell Yancey
Page 12 of 12
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MARY DELL
SOU TH WIN D WETLANDS PERMIT
SURVEYING AND 201 GLEN ROAD
ENGINEERING, INC. GARNER, N.C. 27529 OWNER MIL-JO-INC
919-773-0183
919-773-0148 (FAX) DATE PROD, No. STATE CO.
.SURVEYING/ENGINEERING/LAND PLANNING ?CT 2003 C 03 0120 NC JOHNSTON
201 Glen Road
Gamer, NC 27529
Phone: [phone]
Fax [phone]
Transmittal Letter ',
To: DWQ - 401 /Wetlands Unit
From: Lee R. Hines, Jr., PE (Richie)
?A J , WLA? ?? i
Subject: Mary Dell
Johnston County
WETLANDS/ 401 GROUP
OCT 2 2 2003
Please find attached the following:
WATER QUALITY SECTION
No. of Copies Description
7 PCN Application Form
1 Check # 6591 $ 200.00
Please find attached a submittal package for the subject project. Please do
not hesitate to contact me by phone at [phone] or by email at
rhines _southwnd.com if you have any questions or need additional
information. Thank you for your assistance.
LRH/

The Ultra-Amazing Standard Additional Conditions Document Version 1 - June 1, 2003
The blue wording is for your instruction and edification (i.e. don't put this in the approval, ok?). The red wording Is optional lingo (don't forget to change
the color to black If used or to delete if not used). Also, please change the dollar signs to the appropriate number in the final document. The little gray
boxes need to be filled with the appropriate information. Please note the handy dandy titles that Bob inadvertently came up with should be used...
Impacts should be specifically listed and specifically referenced. This is necessary to ensure that only the Impacts approved are conducted and that if
any Impacts beyond those specifically approved occur it will be easier to enforce the 401 Cert./Isolated Wetland Permit/Buffer Approval. Taking this
extra bit of time now saves headaches later.
$$) Impacts Approved
? The following impacts are hereby approved as long as all of the other specific and general conditions are met. No other Impacts are
approved including incidental Impacts:
Amount Approved Units Plan Location or Reference
Stream t feet
404/CAMA Wetlands acres
Waters acres
Buffers (square ft.
Mitigation may be necessary when mitigation thresholds are exceeded or when certain buffer impacts are conducted, The USACE may require
mitigation in certain circumstances that are below our threshold requirements or for the Impounded portion of streams for Instance when DWQ does
not. In those cases we cannot require mitigation. However, when DWQ does require mitigation It is recommended that our requirements be similar to
the USACE's. For streams it is anticipated that DWQ will follow the USACE's Stream Mitigation Guidelines. For wetlands we typically require at least
1:1 restoration or creation. The following condition can apply to applicants that propose on site mitigation such as stream relocation where the
relocation will meet the definition of stream restoration (i.e. the activity will mitigate for Its own Impacts). Remember to apply the ratios to the amount
of mitigation required.
? Compensatory Mitigation
Mitigation must be provided for the proposed Impacts as specified in the table below. A final compensatory mitigation plan must be approved
in writing by this Office before any of the impacts approved herein are conducted. Additionally, the compensatory mitigation plan must be
completely constructed and Implemented according to the plans approved by this Office before any permanent building [road] associated
with the project is occupied [is opened]. The mitigation must be maintained according to the approved plan and permanently protected by the
use of conservation easements or similar protections. Any repairs or adjustments to the mitigation site must be made according to the
approved plan or must receive written approval from this Office to make the repairs or adjustments.
Compensatory Mitigation Required
Stream feet
Wetlands acres
Waters acres
Buffers (square feet
The following are recommended In addition to the above when on site stream mitigation, relocation or restoration is proposed:
? Stream Relocation (Mitigation) with Approved Plans
The stream and buffer relocation must be constructed, maintained, and monitored according to the approved plans in the application and
application modifications. Any repairs or adjustments to the site must be made according to the approved plans or must receive written
approval from this Office to make the repairs or adjustments.
? In order for this project to be used as compensatory mitigation for other specific projects you must obtain written approval from this Office. The
request should include the amount of stream length and buffer area credit requested for accounting purposes. Please specify DWQ project
No. when making your request.
? Stream Relocation/Stabilization (Mitigation) that Require Additional Approved Plans
? Include bold line material
Before any of the impacts authorized in this Certification occur, you must provide and receive written approval from this Office for a final
stream relocation and/or stabilization plan. The plan must include designs and specifications that meet the definition of stream restoration (or
enhancement in no relocation is proposed) according to the latest version of the,lnternal Technical Guide for Stream Work in North Carolina
(available at http://h2o.ehnr.state.nc.us/ncwetlands/strmglde.htmi). The stream and buffer relocation must be constructed, maintained, and
monitored according to the plans approved by this Office. Any repairs or adjustments to the site must be made according to the approved
plans or must receive written approval from this Office to make the repairs or adjustments. The relocated stream must be preserved in
perpetuity by use of a conservation easement or other similar mechanism as part of the approved plans.
The following mitigation condition can be applied when the applicant has proposed and received approval to use the WRP, EEP, or
mitigation bank. Obviously you will have to change references to the WRP If the EEP or a mitigation bank Is used.
? Compensatory Mitigation Using the Wetlands Restoration Program (WRP)
Mitigation must be provided for the proposed impacts as specified in the table below. We understand that you wish to make a payment to a
fund administered by the NC Wetlands Restoration Program (WRP) to meet this mitigation requirement. This has been determined by the
DWQ to be a suitable method to meet the mitigation requirement. This contribution will satisfy our compensatory mitigation requirements.
Until the WRP receives and clears your check (made payable to: DENR - Wetlands Restoration Program Office), no Impacts specified in this
Authorization Certificate shall occur. Mr. Ron Ferrell should be contacted at [phone] if you have any questions concerning payment
into the WRP. You have one month from the date of this approval to make this payment. For accounting purposes, this Authorization
Certificate authorizes payment Into the Riparian Buffer Restoration Fund to meet the following compensatory mitigation
requirement:
Compensatory Mitigation Required River and Subbasin Number
Stream feet
Wetlands acres
Waters acres
Buffers (square feet
The following condition is recommended when a stormwater management plan is required. This typically applies to projects that are over
30% impervious or have concentrated areas of development within a project that are over 30% Impervious. It is recommended that the need
for a stormwater management plan be established prior to Issuing any approvals. The applicant should also demonstrate that there are
adequate space allotted for the proposed BMP and that a BMP appropriate to the stream cl, hssiflcation Is used (I.e. wetlands, pond with
forested filter strip, or bioretention in sensitive watersheds per the GC's).
? Written Stormwater Management Plan (Final Plan Needed)
An additional condition is that a, final, written stormwater management plan (Including a signed and notarized Operation and Maintenance
Agreement) shall be approved in writing by this Office before the Impacts specified In this Certification occur per Condition No. In QC
No. . The stormwater management plan must Include plans and specifications for stormwater management facilities that are
appropriate for surface waters classified as and designed to remove 85% TSS according to the most recent version of the NC DENR
Stormwater Best Management Practices Manual. These facilities must be designed to treat the runoff from the entire project, unless
otherwise explicitly approved by the Division of Water Quality. Also, before any permanent building Is occupled at the subject site, the
facilities (as approved by this Office) shall be constructed and operational, and the stormwater management plan (as approved by this Office)
shall be Implemented. The structural stonmwater practices as approved by this Office as well as drainage patterns must be maintained In
perpetuity. No changes to the structural stormwater practices shall be made without written authorization from the Division of Water Quality.
? (Optional Paragraphs)
The above condition shall apply unless it is demonstrated in writing to the satisfaction of this Office that the impervious area of the entire,
built-out project shall be less than 30% and that there are no areas of concentrated impervious area over 30% within the project such as, but
not limited to, commercial areas, multi-family, clubhouses, maintenance areas, etc.
There shall be no direct discharges to streams from fairways, tee areas, or greens.
A State Stormwater Permit (15 A NCAC 2H A 000) can be considered to meet this condition.
? Written Stormwater Management Plan (No Further Approval Needed)
? Include bold line material
The final, written stormwater management plans (Including a signed and notarized Operation and Maintenance Agreement) dated
, must be Implemented and the stormwater management facilities shall be constructed and operational before any permanent building
is occupied at the subject site. The structural stormwater practices as approved by this Office as well as drainage patterns must be
maintained in perpetuity. No changes to the structural stormwater practices shall be made without written authorization from the Division of
Water Quality.
The following conditions can be used in any situation where diffuse flow is required through protected buffers. The first condition can be
used for projects that have adequately addressed this Issue as part of the application process. The second can be used when the Issue is
not well addressed.
? Diffuse Flow (No Review)
An additional condition is that all constructed stormwater conveyance outlets shall be directed as diffuse flow at non-erosive velocities
through the protected stream buffers such that it will not re-concentrate before discharging Into a stream as identified within 15A NCAC 2B
.02 (5). If this is not possible it may be necessary to provide stormwater facilities that are considered to remove nitrogen. This may
require additional approval from this Office.
? Diffuse Flow (Review)
An additional condition is that all constructed stormwater conveyance outlets shall be directed to flow in a diffuse manner at non-erosive
velocities through the entire protected stream buffers without re-concentrating. If this Is not possible it may be necessary to provide
stormwater facilities that are considered to remove nitrogen. Additionally, a stormwater management plan for this project shall be provided to
this Office before any of the impacts approved herein are conducted. The plan shall specify all stormwater discharge points, plan details, and
calculations to Indicate that diffuse flow through the protected buffers or nitrogen removal as described above will be achieved.
The following are typical conditions added to all approvals unless It does not make sense to add It:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent
modifications, the applicant is required to return the attached certificate of completion to the 401/Wetlands Unit, North Carolina Division of
Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
? Deed Notifications
Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands, waters and protective buffers in order to
assure compliance for future wetland, water and buffer Impact. These mechanisms shall be put in place prior to impacting any wetlands,
waters and/or buffers approved for Impact under this Certification Approval and Authorization Certificate. A sample deed notification can be
downloaded from the 401/Wetlands Unit web site at http://h2o.enr.state.nc.us/ncwetlands.
? Temporary Fills
All temporary fill and culverts shall be removed and the Impacted area returned to the original grade, including each stream's original cross
sectional dimensions, planform pattern, and longitudinal bed and bed profile after construction is complete or within 6 months of the
establishment of the crossing, which ever is sooner, and the various sites shall be stabilized with natural woody vegetation (except for the
maintenance areas of permanent utility crossings) and restored to prevent erosion; If the crossings are not completely removed and restored
as described above within the specified time above, additional written approval from this Office must be obtained to modify this condition.
The following are conditions to place specific requirements in areas with protected buffers:
? Protective Fencing
The outside buffer, wetland or water boundary and along the construction corridor within these boundaries approved under this authorization
shall be clearly marked by orange fabric fencing for the areas that have been approved to Infringe within the buffer, wetland or water prior to
any land disturbing activities to ensure compliance with 15A NCAC 213 and GC
? Catawba Buffer Tree Protection
No trees shall be removed from Zone 1 of the Catawba Buffer unless they are directly within the construction access corridor. If trees are
removed, forested vegetation shall be re-established within the construction access or other temporary Impact area occurring in the protected
buffer zone within the next growing season following construction of the project;
The following are additional conditions for additional sediment and erosion control practices:
? Sensitive Watershed Erosion and Sediment Control Practices
The Division of Land Resources' Design Standards in Sensitive Watersheds (15A NCAC 04B .0124) must be adhered to throughout the life
of this project.
? NC DOT Sensitive Watershed Erosion and Sediment Control Practices
Sediment and erosion control measures shall adhere to the design standards for sensitive watersheds [15A NCAC 46 .0024]; see NCDOT
publication, Best Management Practices for the Protection of Surface Waters (March 1997);
? Turbidity Standard
The turbidity standard of NTUs (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.
The following are various special conditions for additional protection of various resources. They can be tweaked to meet specific
circumstances:
Culvert Installation
The culverts required for this project shall be installed in such a manner that the original stream profiles are not altered. Existing stream
dimensions (Including the cross section dimensions, pattern, and longitudinal profile) are to be maintained above and below locations of each
culvert. The culverts shall be designed and Installed to allow for aquatic life movement as well as to prevent head cutting of the streams. If
any of the existing pipes are or become perched, the appropriate stream grade shall be re-established or, If the pipes Installed in a perched
manner, the pipes shall be removed and re-Installed correctly.
The culvert(s) shall not be installed in such a manner that will cause aggradation or erosion of the stream up or down stream of the culvert(s).
Existing stream dimensions (Including the cross section dimensions, pattern and longitudinal profile) are to be maintained above and below
locations of each culvert. As such, it is required that you provide the plans with adequate details that Indicate that the current stability of the
stream will be maintained or enhanced. You must receive written approval from this Office for the above plans before the culvert(s) is
installed. The culvert(s) must be Installed according to the approved plans.
The establishment of native, woody vegetation and other soft stream bank stabilization techniques must be used where practicable instead of
rip rap or other bank hardening methods; If rip-rap is necessary, it shall not be placed in the stream bed, unless specifically approved by the
Division of Water Quality.
Installation of culverts in wetlands must ensure continuity of water movement and be designed to adequately accommodate high water or
flood conditions.
Upon completion of the project, the Applicant shall complete and return the enclosed "Certificate of Completion" form to notify NCDWQ when
all work Included In the §401 Certification has been completed. The responsible party shall complete the attached form and return it to the
401 /Wetlands Unit of the NC Division of Water Quality upon completion of the project. Please send photographs upstream and downstream
of each culvert site to document correct Installation along with the Certificate of Completion form.
? Minimum Release
Before any of the Impacts approved in the Certification are conducted you must submit, and obtain written approval by this Office for, a
minimum water release plan. The plan must include a written explanation of the specific discharge rate and means for each required release.
The plan must also Include any design specifications, details and calculations to show that the release shall be achieved in the given
conditions. The plan shall also Include monitoring that ensures compliance. The plan and any associated facilities, once approved, must be in
place and Implemented upon the completion of
? Marina Projects
Any marina project that proposes to dispense or store fuel, shall provide and adhere to an EPA approved SPCC plan to this Office before the
fueling facilities are constructed.
A completed "Division of Water Quality Use Attainability Analysis for Proposed Marina Projects in Class SA Waters" document must be
provided to and must receive written approval from the Regional Office before construction of the proposed project may begin.
(Buffer Rules Option) A fifty foot vegetated buffer must be established and maintained around the new perimeter of marina basin.
? "Re-opener" Clause
Continuing Compliance, shall conduct Its activities in a manner consistent with State water quality standards (Including any
requirements resulting from compliance with section 303(d) of the Clean Water Act) and any other appropriate requirements of State law and
federal law. If DWQ determines that such standards or laws are not being met (including the failure to sustain a designated or achieved use)
or that State or federal law Is being violated, or that further conditions are necessary to assure compliance, DWQ may reevaluate and modify
this certification to include conditions appropriate to assure compliance with such standards and requirements In accordance with 15A NCAC
2H.0507(d). Before modifying the certification, DWQ shall notify and the US Army Corps of Engineers provide public notice in
accordance with 15A NCAC 2H.0503 and provide opportunity for public hearing in accordance with 15A NCAC 2H.0504. Any new or revised
conditions shall be provided to in writing, shall be provided to the United States Army Corps of Engineers for reference in any permit
issued pursuant to Section 404 of the Clean Water Act, and shall also become conditions of the 404 Permit for the project.
The following are good for projects approved under GC 3399 (NW 27 and 13):
? Standard Condition for Stream and Wetland Projects Approved Under GC 3399 (no fee paid - no written approval needed)
Based on the information provided this Office considers that all of the conditions of General Certification (GC) No. 3353 have been met and
that no written approval Is required in order to construct the above project. If the project design changes or If the project is not constructed
according to the design then the above provision Is no longer valid and the plans must be resubmitted per GC 3353. If the project is to be
used for compensatory mitigation or compensatory mitigation credit In the future then additional written concurrence is required and a full
application and application fee must be submitted to this Office for written approval. Please be advised that if this Office has not reviewed the
proposed reference site or the construction site before construction begins it may be impossible to determine whether or not mitigation credit
can be awarded. Also, additional Information shall be required to complete a review for compensatory mitigation purposes. The Division of
Water Quality (DWQ) is a participant in the Mitigation Banking Review Team (MBRT) established by the U.S. Army Corps of Engineers.
DWQ's approval of a Mitigation Banking Instrument shall be the sole approval for compensatory mitigation banking credit for the State as
long as the proper 401 Water Quality Certification approvals have been obtained. Please be advised that the additional information may
require that the project be redesigned and/or that the project not be used for compensatory mitigation credit.
? Standard Condition for Stream and Wetland Projects Approved Under GC 3399 (fee paid - written approval required)
Based on the information provided this Office considers that all of the conditions of General Certification (GC) No. 3353 have been met and
that no additional written approval is required in order to construct the above project. If the project design changes or if the project is not
constructed according to the design then the approval is no longer valid and the plans must be resubmitted per GC 3353. If the project Is to,
be used for compensatory mitigation credit In the future then additional written concurrence by this Office Is required. Please be advised that
if this Office has not reviewed the proposed reference site or the construction site before construction begins it may be impossible to
determine whether or not mitigation credit can be awarded. Also, additional Information may be required to complete a review for
compensatory mitigation purposes. The Division of Water Quality (DWQ) is a participant in the Mitigation Banking Review Team (MBRT)
established by the U.S. Army Corps of Engineers. DWQ's approval of a Mitigation Banking Instrument shall be the sole approval for
compensatory mitigation banking credit for the State as long as the proper 401 Water Quality Certification approvals have been obtained.
Please be advised that the additional Information may require that the project be redesigned and/or that the project not be used for
compensatory mitigation credit.