20020756 Ver 1_COMPLETE FILE_20020514

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June 3, 2002
DWO Project # 02-756
Granville County
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Fortis & Westminster Homes
Attn: Mr. Craig Lang
3500 Regency Parkway, Suite F
Cary, NC 27511
Subject Property: Lot # 56, Phase 2, Whitehall S/D, Creedmoor, NC
Soil & Environmental Consultants, Inc. (S&EC, Inc.) Project No. 99-4488
Ledge Creek [03-04-01, 27-10, WS-II (water supply) HOW (high quality) NSW (nutrient sensitive]
APPROVAL of Authorization Certificate per the Neuse River Buffer Protection Rules (15A NCAC 2B .0233) with
ADDITIONAL CONDITIONS
Dear Mr. Lang:
You have our approval, in accordance with the attached conditions and those listed below, to impact 1,026 fe of
riparian buffers to construct the proposed driveway over an existing abandoned railroad bed at the subject property as
described within your application dated May 13, 2002. This letter shall act as your approved Authorization Certificate for
impacts to the protected riparian buffers as required under the Neuse River Buffer Protection Rules (15A NCAC 2B
.0233). In addition, you should get or otherwise comply with any other federal, state and local requirements before you go
ahead with your project including (but not limited to) Erosion and Sediment Control Permit and Neuse Buffer Rules (15A
NCAC 2B.0233).
This approval is only valid for the purpose and design that you described in your application except as modified below.
If you change your project, you must notify us and you may be required to send us a new application. If the property is
sold, the new owner must be given a copy of this approval and is thereby responsible for complying with all conditions. If
total fills for this project (now or in the future) exceed one acre of wetland, 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 DWQ
Neuse Buffer Rule and any additional conditions listed below.
Conditions:
1. Diffuse Flow
An additional condition is that all stormwater shall be directed as diffuse flow at non-erosive velocities through the
protected stream buffers and will not re-concentrate before discharging into the stream as identified within 15A NCAC
2B .0233(5).
2. 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.
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, 6714 Mail Service Center,
Raleigh, NC 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing.
Michael F. Easley
Governor
William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
Alan Klimek, PE, Director
Division of Water Quality
North Carolina 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)
919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwetlands/
This letter completes the review of the Division of Water Quality under the no practical alternatives determination as
required under the Neuse Buffer Rule (15A NCAC 26 .0233). If you have any questions, please telephone Mr. John
Dorney at [phone].
Sincerely,
0 . Klimek,
D Q, Director
Cc: Steve Mitchell, DWQ Raleigh Regional Office
Jennifer A. Burdette, S&EC, Inc., 11010 Raven Ridge Rd., Raleigh, NC 27614
File Copy
Central Files
DWQ 020756
June 3, 2002
1? It

Environmental Consultants, PA
Road • Raleigh, North Carolina 27614 • Phone: [phone] • Fax: [phone]
Cpp?,
May 13, 2002
0207 ,66
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!W 44SUED
MAY 1 4 2002
Mr. John Dorney
NC Division of Water Quality
2321 Crabtree Boulevard, Suite 250
Raleigh, North Carolina 27604
RE: Request for Written Concurrence of Existing Use Exemption
Whitehall Subdivision - Phase 2/Lot # 56
Creedmoor, Granville County, North Carolina
S&EC Project: 99-4488
Dear Mr. Dorney:
On behalf of Fortis & Westminster, we request written concurrence from the North
Carolina Division of Water Quality (NCDWQ) that the proposed driveway crossing of a
riparian buffer using an existing railroad bed on lot #56 within Whitehall Subdivision is
an exempt activity according to the Neuse River Buffer Rules. A Pre-construction
Notification Application (PCN) is attached, which includes an agent authorization form.
Lot # 56 is located within Whitehall Subdivision on Mayview Drive approximately 1000
feet east of its intersection with Elm Street (SR 1724). Whitehall Subdivision is located
west of Highway 50 just south of the Town of Creedmoor. Please refer to the USGS
Location Map (Figure 1) attached for the location of the subdivision.
Nationwide Permits 12, 14, and 26 (Action ID #: 200020083, 200020271, & 200020272)
and their associated 401 Water Quality Certifications (DWQ #: 99-1153) were issued for
the infrastructure necessary to develop Phase 1 and 2 of the subdivision. The 401 WQC
also concluded that the project achieved compliance with the Neuse River Buffer Rules.
Previous impacts to riparian buffers included one road and two sanitary sewer crossings
of the same tributary. Lot #56 was shown on the original permit application with no
access across the riparian buffer. No impacts were proposed in the original permit
application for lot # 56 because the applicant intended to use the railroad bed to construct
driveway across the riparian buffer as it is an existing use that should be exempt from the
Neuse River Buffer Rules.
At the advice of S&EC, the applicant has proposed since the subdivision was originally
designed to minimize impacts to the riparian buffer associated with this tributary by
utilizing the existing railroad bed across the riparian buffer to construct the proposed
Charlotte Office: Greensboro Office: Hickory Office:
PMB 291, 3020-I Prosperity Church Road 3817-E Lawndale Drive 910 Boston Road
Charlotte, NC 28269-7197 Greensboro, NC 27455 Taylorsville, NC 28681
Phone: [phone] Phone: [phone] Phone (8,'28)635-5820
Fax: [phone] Fax: [phone] Fax: [phone]
A
May 13, 2002
S&EC Project #: 99-4488
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driveway. Please refer to the attached overall impact and applicable detail sheet that was
submitted with the original application. The stream channel itself will not be crossed.
This application requests concurrence from NCDWQ that the abandoned railroad bed is
an existing use that is exempt from the Neuse River Buffer Rules. Please refer to the
attached Preliminary Plat of the lot and an excerpt from a survey of the property showing
contours that depict the location of the railroad bed. A level spreader will be installed at
the outlet of the culvert within the 20' storm drainage easement on the lot to ensure that
flow is diffuse prior to entering Zone 2 of the riparian buffer.
It is also important to note that if this were not an exempt activity based on the existing
use that was present prior to implementation of the Neuse River Buffer Rules and is
ongoing, it would still have been an allowable activity without mitigation according to
the Buffer Rules that were in place at the time of the original application. As previously
stated, the impacts were not included in the original application because construction of
the driveway on the railroad bed was considered exempt from the Buffer Rules based on
NCDWQ's policy that considers gravel roads to be impervious. Further, the lot layout
could be revised in order for the driveway to cross the stream and riparian buffer
perpendicularly. This layout would qualify as allowable in the Buffer Rules, but the
applicant believes greater minimization is achieved by utilizing the existing railroad bed.
Because the proposed driveway crossing will be constructed on an existing railroad bed
across the riparian buffer, which qualifies as an existing use that is exempt from the
Buffer Rules, S&EC believes that no compensatory mitigation should be required by
NCD WQ.
Sincerely,
Soil & Environmental Consultants, PA
Q • ?u:c?el;clit.?
Jennif A. Burdette
Environmental Scientist
Enclosures
PCN Form
Site Location Map (Figure 1)
Original Whitehall Overall Impact Map
Original Whitehall Detail Sheet
Preliminary Plat of Lot #56
Excerpt from Topographic Survey
Agent Authorization Form
c: Craig Lang - Fortis & Westminster

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QG
Pre-Construction Notification (PCN) Application Form
For Section 404 and/or Section 10 Nationwide, Regional and General Permits, Section 401
General Water Quality Certifications, and Riparian Buffer and Watershed Buffer Rules
This form is to be used for projects qualifying for any of the U.S. Army Corps of Engineers' (USACE)
Nationwide, Regional or General Permits as required by Section 404 of the Clean Water Act and/or
Section 10 of the Rivers and Harbors Act, and for the North Carolina Division of Water Quality's
(DWQ) associated General 401 Water Quality Certifications. This form is also to be used for any
project requiring approval under any Riparian Buffer Rules implemented by the N.C. Division of Water
Quality. This form should not be used if you are requesting an Individual 404 Permit or Individual 401
Water Quality Certification. The USACE Individual Permit application form is available online at
http://www.saw.usace.army.mil/wetlands/Perm app.htm.
The USACE is the lead regulatory agency. To review the requirements for the use of Nationwide,
Regional or General permits, and to determine which permit applies to your project, please go to the
USACE website at http://www.saw.usace.army.mil/wetlands/reatour.htm, or contact one of the field
offices listed at the end of this application. The website also lists the responsible project manager for
each county in North Carolina and provides additional information regarding the identification and
regulation of wetlands and waters of the U.S.
The DWQ issues a corresponding Certification (General or Individual), and cannot tell the applicant
which 401 Certification will apply until the 404 Permit type has been determined by the USACE.
Applicants are encouraged to visit DWQ's 401/Wetlands Unit website at
http://h2o.enr.state.nc.us/ncwetlands to read about current requirements for the 401 Water Quality
Certification Program and to determine whether or not Riparian Buffer Rules are applicable. The
applicant is also advised to read the full text of the General Certification (GC) matching the specific 404
Permit requested. In some cases, written approval for some General Certifications is not required,
provided that the applicant adheres to all conditions of the GC. Applicants lacking access to the internet
should contact DWQ's Central Office in Raleigh at [phone].
Trout Waters Coordination - Special coordination with the North Carolina Wildlife Resources
Commission (NCWRC) is also required for projects occurring in any of North Carolina's twenty-five
counties that contain trout waters. In such cases, the applicant should contact the appropriate NCWRC
regional coordinator (listed by county on the last page of this application).
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CAMA Coordination - If the project occurs in any of North Carolina's twenty coastal counties (listed on
the last page of this application) the applicant should also contact the North Carolina Division of Coastal
Management (DCM) at [phone]. DCM will determine whether or not the project involves a
designated Area of Environmental Concern, in which case DCM will act as the lead permitting agency.
In such cases, DCM will require a Coastal Area Management Act (CAMA) Permit and will coordinate
the 404/401 Permits.
USACE Permits - Submit one copy of this form, along with supporting narratives, maps, data forms,
photos, etc. to the applicable USACE Regulatory Field Office (addresses are listed at the end of this
application). Upon receipt of an application, the USACE will determine if the application is complete as
soon as possible, not to exceed 30 days. This PCN form is designed for the convenience of the applicant
to address information needs for all USACE Nationwide, Regional or General permits, as well as
information required for State authorizations, certifications, and coordination. Fully providing the
information requested on this form will result in a complete application for any of the USACE
Nationwide, Regional or General permits. To review the minimum amount of information that must be
provided for a complete PCN for each USACE Nationwide permit, see Condition 13, 65 Fed.Reg. 12893
(March 9, 2000), available at http://www.saw.usace.army.mil/wetlands/nwpfinalFedReg.pdf.
Processing times vary by permit and begin once the application has been determined to be complete.
Please contact the appropriate regulatory field office for specific answers to permit processing periods.
401 Water Quality Certification or Buffer Rules - All information is required unless otherwise stated
as optional. Incomplete applications will be returned. Submit seven collated copies of all USACE
Permit materials to the Division of Water Quality, 401/Wetlands Unit, 1650 Mail Service Center,
Raleigh, NC, 27699-1650. If written approval is required or specifically requested for a 401
Certification, then a non-refundable application fee is required. In brief, if project impacts include less
than one acre of cumulative wetland/water impacts and less than 150 feet cumulative impacts to
streams, then a fee of $200 is required. If either of these thresholds is exceeded, then a fee of $475 is
required. A check made out to the North Carolina Division of Water Quality, with the specific name of
the project or applicant identified, should be stapled to the front of the application package. For more
information, see the DWQ website at http://h2o.ehnr.state.nc.us/ncwetlands/fees.html. The fee must be
attached with the application unless the applicant is a federal agency in which case the check may be
issued from a separate office. In such cases, the project must be identifiable on the U.S. Treasury check
so that it can be credited to the appropriate project. If written approval is sought solely for Buffer Rules,
the application fee does not apply, and the applicant should clearly state (in a cover letter) that only
Buffer Rule approval is sought in writing. Wetlands or waters of the U.S. may not be impacted prior to
issuance or waiver of a Section 401 Water Quality Certification. Upon receipt of a complete application
for a 401 Certification, the Division of Water Quality has 60 days to prepare a written response to the
applicant. This may include a 401 Certification, an on-hold letter pending receipt of additional
requested information, or denial.
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Office Use Only: 0 2 0 7 5 6 Fonn Version April 2001
USACE Action ID No. DWQ No. L
If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than
leaving the space blank.
1. Processing
1. Check all of the approval(s) requested for this project:
? Section 404 Permit
? Section 10 Permit
? 401 Water Quality Certification
® Riparian or Watershed Buffer Rules
2. Nationwide, Regional or General Permit Number(s) Requested: NA
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: ?
II. Applicant Information
Owner/Applicant Information
Name: Fortis& Westminster Homes
Mailing Address: 3500 Regency Parkway
Suite F
Cary, North Carolina 27511
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: NA
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: Jennifer A. Burdette
Company Affiliation: Soil & Environmental Consultants, PA
Mailing Address: 11010 Raven Ridge Road
Raleigh North Carolina 27614
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: [e-mail]
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? t
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: Whitehall Subdivision Lot # 56
2. T.I.P. Project Number (NCDOT Only): NA
3. Property Identification Number (Tax PIN): Unavailable
4. Location
County: Granville Nearest Town: Creedmoor
Subdivision name (include phase/lot number): Whitehall Subdivision Phase 2/Lot # 56
Directions to site (include road numbers, landmarks, etc.): Lot # 56 is located within
Whitehall Subdivision on Mayyiew Drive approximately 1000 feet east of its intersection
with Elm Street (SR 1724). Whitehall Subdivision is located west of Highway 50 just south
of the Town of Creedmoor. Please refer to the USGS Location Map (Figure 1) attached for
the location of the subdivision.
5. Site coordinates, if available (UTM or Lat/Long): 36°06'41" N 78°41'42" 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. Describe the existing land use or condition of the site at the time of this application: The site
y
is currently wooded with an abandoned railroad bed present along the northwest propert
7. Property size (acres): 0.75
8. Nearest body of water (stream/river/sound/ocean/lake): Unnamed tributary of Ledge Creek
9. River Basin: Neuse
(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 12

10. Describe the purpose of the proposed work: The purpose of the proposed project is to
construct a driveway on the existing, abandoned railroad bed to access the house site that is
separated from Mayyiew Drive by te uppermost portion of riparian buffer.
11. List the type of equipment to be used to construct the project: Heavy equipment typical
for lighht rg ading and driveway construction.
12. Describe the land use in the vicinity of this project: Land use in the vicinity of the project is
residential.
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.
Nationwide Permits 12, 14, and 26 (Action ID #: 200020083, 200020271, & 200020272) and
their associated 401Water Quality Certifications (DWQ #: 99-1153) were issued for the
infrastructure necessary to develop Phase 1 and 2 of the subdivision. The 401 WOC also
concluded that the project achieved compliance with the Neuse River Buffer Rules. Previous
impacts to riparian buffers included one road and two sanitary sewer crossings of the same
tributary. Lot #56 was shown on the original permit application with no access across the
riparian buffer. No impacts were proposed in the original permit application for lot # 56 because
the applicant intended to use the railroad bed to construct driveway across the riparian buffer as
it is an existing use that should be exempt from the Neuse River Buffer Rules.
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: Additional permit requests are not anticipated for this project at this time.
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
Page 5 of 12

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. 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***
NA

* 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.goy.
*** 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: NA
Total area of wetland impact proposed: NA
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)
NA

* 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.gov. Several intemet sites also allow direct download and printing of USGS maps (e.g., www. topozon e. coin,
www.mapquest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: NA
3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U.S.
Open Water Impact Area of
Name
Wat Type of Waterbody
Site Number Type of Impact* Impact )
(if
applicable) (lake, pond, estuary, sound,
indicate on ma acres bay, ocean, etc.
NA

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
Page 6 of 12
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.): 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
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.
At the advice of S&EC the applicant has proposed since the subdivision was originally
designed to minimize impacts to the riparian buffer associated with this tributary utilizing the
existing railroad bed across the riparian buffer to construct the proposed driveway. Please refer
ginal
to the attached overall impact and applicable detail sheet that was submitted with the ori
application The stream channel itself will not be crossed. This application requests concurrence
from NCDWO that the abandoned railroad bed is an existing use that is exempt from the Neuse
River Buffer Rules. Please refer to the attached Preliminary Plat of the lot and an excerpt from a
survey of the property showing contours that depict the location of the railroad bed. A level
spreader will be installed at the outlet of the culvert within the 20' storm drainage easement on
the lot to ensure that flow is diffuse prior to entering Zone 2 of the riparian buffer.
It is also important to note that if this were not an exempt activity based on the existing use that
was present prior to implementation of the Neuse River Buffer Rules and is ongoing, it would
still have been an allowable activity without mitigation according to the Buffer Rules that were
in placed at the time of the original application. As previously stated, the impacts were not
included in the original application because construction of the driveway on the railroad bed was
considered exempt from the Buffer Rules based on NCDWQ's policy that considers gravel roads
to be impervious. Further, the lot layout could be revised in order for the driveway to cross the
stream and riparian buffer perpendicularly. This layout would qualify as allowable in the Buffer
Rules but the applicant believes greater minimization is achieved by utilizing the existing
railroad bed.
Page 7 of 12
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.nc.us/ncwetlands/stnnp,ide.html.
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 the proposed driveway crossing will be constructed on an existing railroad bed
across the riparian buffer, which qualifies as an existing use that is exempt from the Buffer
Rules S&EC believes that no compensatory mitigation should be required by NCDWQ.
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/m/index.htm. If
Page 8 of 12
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
IX. Environmental Documentation (DWQ Only)
Does the project involve an expenditure of public funds or the use of public (federal/state/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 ? 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 ? 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.
Page 9 of 12
Zone* Impact
(square feet Multiplier Required
Mitigation
1 NA 3 NA
2 1,026 1.5 NA
Total 1,026 NA
* Zone I 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 2B .0242 or.0260.
XI. Stormwater (DWQ Only)
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.
The imnervious area of the lot is not expected to exceed 30 %. The riparian buffers present on
the property are anticipated to protect surface waters and wetlands downstream from the
property.
XII. Sewage Disposal (DWQ Only)
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.
Municipal sanitary sewer service was installed for the entire subdivision under the original
permit application.
XIII. Violations (DWQ Only)
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
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
Page 10 of 12
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).

Mica A n ' ignature D ate
(Agent's si ature 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] 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
US Fish and Wildlife Service / National Marine Fisheries Service
US Fish and Wildlife Service US Fish and Wildlife Service National Marine Fisheries Service
Raleigh Field Office Asheville Field Office Habitat Conservation Division
Post Office Box 33726 160 Zillicoa Street Pivers Island
Raleigh, NC 27636-3726 Asheville, NC 28801 Beaufort, NC 28516
Telephone: [phone] Telephone: [phone] Telephone: [phone]
Page 11 of 12

Division of Water Quality
401 Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
Telephone: [phone]
Fax: [phone]
North Carolina State Agencies
Division of Water Quality
Wetlands Restoration Program
1619 Mail Service Center
Raleigh, NC 27699-1619
Telephone: [phone]
Fax: [phone]
State Historic Preservation Office
Department Of Cultural Resources
4617 Mail Service Center
Raleigh, NC 27699-4617
Telephone: [phone]
Fax: [phone]
CAMA and NC Coastal Counties
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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DEPARTMENT OF NATURAL AND ECONOMIC RESOURCES
RALEIGH, NORTH CAROLINA
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Environmental. Consultants,
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No=: _ Fnrti+S & 112§tminster
I III 1111111 ¦I¦ 11
Add**&- 3500 Re encZ Parkway, Suite F, Cary, NC 27511
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P3ume: [phone]
Pxvject Name/D c paou: #•
Date: ! 69'
Mr. john Doxney
NCDBNR - DWQ
2321 Crabtree Boulevard, Suite 250
RaWgk NC V60J
Re: RipadAn Buffer Ralated Consulting and Pexac ttiug
. TO Whom It MAY CoxKWL
I, dw coal Trot p •_, owewt, hmby de co and audw soil & HnnVir*=dAtel CoiwLdtnn% hm to
act in my behalf as my agent in the pro=aing of pumft apphmdons, to furnish upon request
su lementdl h6 madw in support of applications, atc. from Ws day forward. The I , day of
Thin notificahm supexsedes any previous coxxespondenca cao=aming 4w agmt for this project
NOTICES This autl?ot' w.Hoo,, for liability and pr?dfeosional couday x+masom, i4 valid only for
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