20120057 Ver 1_401 Application_20120112

THE WOOTEN COMPANY
ENGINEERING PLANNING ARCHITECTURE
120 North Boylan Avenue Raleigh NC )7603 1423
(119 828 05 1 fax 919 X34 358J
5
JAN 2 3 2012 2 0 1 2 0 0 5 7
DENR WATER QUALITY
WETLANDS AND STORMWATER BRANCH
TRANSMITTAL
TO Amy Chapman
NC DWQ Surface Water Protection
Section
512 N Salisbury St
Raleigh NC 27603
WE ARE SENDING ® Attached
❑ Shop Drawings ❑ Prints
❑ Copy of Letter ❑ Change Order
Transmittal Sent Via
❑ Regular Mad ❑ FedEx ❑ UPS
❑ Certified Mad ® Courier ❑ Pick up
DATE 1/20/2012 TWC No 2698 BJ
RE Buffer Authorization
Town of Smithfield
Tree clearing to protect existing
structure /facility
❑ Under separate cover via _
❑ Plans ❑ Samples
❑ Other
the following items
❑ Specifications
COPIES
DATE
NO
DESCRIPTION
5
1/20/2012
Pre Construction Notification Form and Exhibits
THESE ARE TRANSMITTED as checked below
® For Approval ❑ Reviewed ❑ Revise and Resubmit
❑ For Your Use ❑ Rejected ❑ Submit Copies for Distribution
❑ As Requested ❑ Corrected ❑ Return Corrected Print
❑ For Review and Comment ❑ Other
❑ For Bids Due [ ] ❑ Prints Returned after Loan to Us
REMARKS Please find the attached PCN requesting a buffer authorization to remove trees in Zone 1
and Zone 2 of the Neuse River Riparian Buffer Please note that this PCN is submitted for
a Buffer Authorization ONLY therefore no application fee is required Additionally please
note that the tree removal is considered an Allowable activity according to 15 NCAC
02B 0233 because it is required for protection of existing structure /utilities ecifically
the town s raw water intake s
If you have any questions about the submittal please contact me at 919 828 0531
COPY TO Earl Botkin
SIGNED
L is opher A Thomson PE
If enclosures are not as noted kindly notify us at once

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Pre - Construction Notification Submittal
Buffer Authorization
for
Town of Smithfield, North Carolina
January 2012
TWC No 2698 BJ
"V
THE WOOTEN COMPANY
E N G N E E R I N G PE A N N I N G AR L NI TE6 T 8
1 0 No th Boj I P i e Rai Igh N �7N,3 1413
919 F0 11 f 9118A 3589

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Title
Pre Construction Notification Application
Exhibit 1 General Location Map
Exhibit 2 USACE Dredging Permit
Exhibit 3 Existing Contditions
Exhibit 4 Proposed Project
TABLE OF CONTENTS
EXHIBITS
Pages
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1 10
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20 ?20057
OF W ATg9
Office Use Only
Corps action ID no
° < DWQ protect no
Form Version 1 3 Dec 10 2008
Page I of 11
PCN Form - Version 13 December 10 2008 Version
Pre - Construction Notification PCN Form
A Applicant Information
1
Processing
1a
Type(s) of approval sought from the
Corps
❑ Section 404 Permit ❑ Section 10 Permit
1b Specify Nationwide Permit (NWP) number or General Permit (GP) number
1c
Has the NWP or GP number been verified by the Corps?
❑ Yes ❑ No
1d
Type(s) of approval sought from the DWQ (check all that apply)
❑ 401 Water Quality Certification - Regular ❑ Non 404 Jurisdictional General Permit
❑ 401 Water Quality Certification - Express ® Riparian Buffer Authorization
le
Is this notification solely for the record
because written approval is not required?
For the record only for DWQ 401
Certification
® Yes ❑ No
For the record only for Corps Permit
® Yes ❑ No
1f
Is payment into a mitigation bank or in lieu fee program proposed for mitigation
of impacts? If so attach the acceptance letter from mitigation bank or in lieu
fee program
[] Yes No
1g
Is the project located in any of NC s twenty coastal counties If yes answer 1 h
below
❑ Yes ® No
1 h Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes ® No
2
Project Information
2a
Name of project
Tree Removal for Dredging Operations
2b
County
Johnston
lu
El
2c
Nearest municipality / town
Town of Smithfield
2d
Subdivision name
N/A N 2 3 201
2e
NCDOT only T I P or state
project no
D R WATER QUALITY
3
Owner Information 0' AND STORMV MANGH
3a
Name(s) on Recorded Deed
Town of Smithfield
3b
Deed Book and Page No
Book 00681 Page 0176
3c
Responsible Party (for LLC if
applicable)
3d
Street address
350 East Market Street
3e
City state zip
Smithfield NC 27577
3f
Telephone no
919 934 2116
3g
Fax no
919 934 1134
3h
Email address
earl bot un @ci smithfield nc us
Page I of 11
PCN Form - Version 13 December 10 2008 Version

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Applicant Information (if different from owner)
4a
Applicant is
❑ Agent ® Other specify Municipality
4b
Name
Earl Botkin
4c
Business name
(if applicable)
Town of Smithfield
4d
Street address
350 East Market Street
4e
City state zip
Smithfield NC 27577
4f
Telephone no
919 934 2116
4g
Fax no
919 834 1134
4h
Email address
earl botkin @ci smithfield nc us
5
Agent/Consultant Information (if applicable)
5a
Name
Chrls Thomson
5b
Business name
(if applicable)
The Wooten Company
5c
Street address
120 N Boylan Ave
5d
City state zip
Raleigh NC 27609
5e
Telephone no
919 828 0531
5f
Fax no
919 834 3589
5g
Email address
cthomson @thewootencompany com
Page 2 of 11
PCN Form — Version 13 December 10 2008 Version

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Project Information and Prior Project History
1
Property Identification
1a
Property identification no (tax PIN or parcel ID)
169414 44 -2434
Latitude 35 520319 Longitude
lb
Site coordinates (in decimal degrees)
78 348725
(DD DDDDDD) (DD DDDDDD)
1c
Property size
42 33 acres
2
Surface Waters
2a
Name of nearest body of water (stream river etc ) to
Neuse River
proposed project
2b
Water Quality Classification of nearest receiving water
WS IV NSW
2c
River basin
Neuse
3
Project Description
3a
Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application
The proposed project is located on the site of the Town of Smithfield s surface water treatment plant dust northeast of the
existing intake structure Exhibit 1 shows the general location of the protect in relation to the Town of Smithfield The
town is currently permitted by the US Army Corps (USACE) of Engineers to conduct maintenance dredging in the Neuse
River immediately downstream of the intake structure The current permit with USACE is included as Exhibit 2 Exhibit 3
shows a general layout of the existing intake site including areas currently dredged and the existing temporary spoil area
3b
List the total estimated acreage of all existing wetlands on the property
The total estimated acerage of wetlands on the property is unknown however there is one known area of wetlands
4
in the vicinity of the proposed project It is shown on Exhibit 3 and Exhibit 4
3c
List the total estimated linear feet of all existing streams (intermittent and perennial) on the property
1 450 LF of the Neuse River serves as the western boundary of the property
3d
Explain the purpose of the proposed project
The Town of Smithfield is permitted to conduct maintenance dredging upstream of the intake for its WTP The permit
stipulates that no dredging be performed during the anadromous fish moratorium dates from February 15 through June
15 In 2007 excessive sediment buildup in the area of the intake structure forced the town to request an emergency
permit modification from the USACE to allow dredging during the moratorium
In order to avoid a similar situation in the future where emergency dredging is required during the anadromous fish
moratorium the town is seeking a permanent modification to its maintenance dredging permit with the USACE which will
allow dredging upstream of the intake The purpose of the proposed project is to remove approximately 15 18 trees in
the area shown in Exhibit 4 to facilitate the upstream dredging The trees would currently inhibit the range of motion
required by the boom arm of the dragline excavator used for dredging
3e
Describe the overall project in detail including the type of equipment to be used
The project consists of the removal of approximately 15 18 trees in the area shown in Exhibit 4 The trees will be
removed with care to minimize the impact to the underlying vegetation and the site will be allowed to revegetate naturally
once the project is complete
Page 3 of 11
PCN Form — Version 1 3 December 10 2008 Version

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4
Jurisdictional Determinations
4a
Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project (including all prior phases) in the past?
❑Yes [0 No ❑Unknown
Comments
4b
If the Corps made the Jurisdictional determination what type
❑ Preliminary ❑ Final
of determination was made?
4c
If yes who delineated the jurisdictional areas?
Agency /Consultant Company
Name (if known)
Other
4d
If yes list the dates of the Corps jurisdictional determinations or State determinations and attach documentation
5
Project History
5a
Have permits or certifications been requested or obtain ed for
®Yes ❑ No ❑ Unknown
this project (including all prior phases) in the past?
5b
If yes explain in detail according to help file instructions
The town is permitted by the USACE to conduct maintenance dredging in the Neuse river downstream of the intake
structure The current dredging permit is attached as Exhibit 2
The corps has preliminarily agreed to modify the existing
permit to allow dredging on the upstream side of the intake pending a buffer authorization from DWQ to clear additional
trees required to facilitate the upstream dredging
6
Future Project Plans
6a
Is this a phased project?
❑ Yes ® No
nes
explain
Page 4 of 11
PCN Form -- Version 13 December 10 2008 Version

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C Proposed Impacts Inventory
1 Impacts Summary
1a Which sections were completed below for your project (check all that apply)
❑ Wetlands ❑ Streams tributaries ® Buffers
❑ Open Waters ❑ Pond Construction
2 Wetland Impacts
If there are wetland impacts proposed on the site then complete this question for each wetland area impacted
2a
2b
2c
2d
2e
2f
Wetland impact
Type of jurisdiction
number —
Type of impact
Type of wetland
Forested
(Corps 404 10
Area of impact
Permanent (P) or
(if known)
DWQ — non 404 other)
(acres)
Temporary T
W1 [I P [IT
❑ Yes
El Corps
❑ No
❑ DWQ
W2 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W3 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W4 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W5 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W6 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
2g Total wetland impacts
0
2h Comments
3 Stream Impacts
If there are perennial or Intermittent stream impacts (including temporary impacts) proposed on the site then complete this
question for all stream sites impacted
3a
3b
3c
3d
3e
3f
3g
Stream impact
Type of impact
Stream name
Perennial
Type of jurisdiction
Average
Impact
number
(PER) or
(Corps 404 10
stream
length
Permanent (P) or
intermittent
DWQ — non 404
width
(linear
Temporary (T)
(INT)?
other)
(feet)
feet)
S1 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S2 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S3 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S4 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S5 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
86 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑DWQ
3h Total stream and tributary impacts
30
31 Comments
Page 5 of 11
PCN Form — Version 1 3 December 10 2008 Version

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4 Open Water Impacts
If there are proposed impacts to lakes ponds estuaries tributaries sounds the Atlantic Ocean or any other open water of
the U S then individually list all open water impacts below
4a
4b
4c
4d
4e
Open water
Name of waterbody
impact
(if applicable)
Type of impact
Waterbody type
Area of impact (acres)
number —
Permanent (P)
or Temporary
r
01 ❑P ❑T
02 ❑P ❑T
03 ❑P ❑T
04 ❑P ❑T
4f Total open water impacts
4g Comments
5 Pond or Lake Construction
If pond or lake construction proposed then com lets the chart below
5a
5b
5c
5d
5e
Pond ID
Proposed use or purpose of
Wetland Impacts (acres)
Stream Impacts (feet)
Upland
(acres)
number
pond
Flooded
Filled
Excavated
Flooded
Filled
Excavated
Flooded
P1
F P 2
5f Total
5g Comments
5h Is a dam high hazard permit required?
❑ Yes ❑ No If yes permit ID no
51 Expected pond surface area (acres)
5j Size of pond watershed (acres)
5k Method of construction
Page 6 of 11
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6 Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer then complete the chart below If yes then individually list all buffer impacts
below If any Impacts require mitigation then you MUST fill out Section D of this form
6a
® Neuse ❑ Tar Pamlico ❑ Other
Project is in which protected basin?
❑ Catawba ❑ Randleman
6b
6c
6d
6e
6f
6g
Buffer Impact
number —
Reason for
Buffer
Zone 1 impact
Zone 2 impact
Permanent (P)
impact
Stream name
mitigation
(square feet)
(square feet)
or Temporary
required?
T
B1 ®P ❑ T
Protection of
existing
Neuse River
El Yes
19 No
588
224
structure /facilities
B2 ❑P ❑T
El Yes
❑ No
B3 ❑P ❑T
❑Yes
❑ No
6h Total buffer impacts
61 Comments The attached Exhibit 4 shows the proposed area to be cleared and the impacted areas in Zone 1 and Zone 2
No impervious areas will be created nor will existing drainage patterns be altered as part of this project The proposed
clearing is necessary to allow for maintenance dredging by the Town of Smithfield to protect the mtegrety of its raw water
intake structure
D impact Justification and Mitigation
1 Avoidance and Minimization
1a Specifically describe measures taken to avoid or minimize the proposed impacts in designing project
To minimize the buffer impacts tree removal will be limited to the minimum amount required for the dredging operations to be
earned out
1 b Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques
Care will betaken to ensure that the limits of disturbance are contained to the intended area to be cleared Once the tree
removal is complete the disturbed area will be allowed to naturally revegetate
2 Compensatory Mitigation for Impacts to Waters of the U S or Waters of the State
2a Does the project require Compensatory Mitigation for
❑ Yes ® No
impacts to Waters of the U S or Waters of the State?
2b If yes mitigation is required by (check all that apply)
❑ DWQ ❑ Corps
❑ Mitigation bank
2c If yes which mitigation option will be used for this project?
❑ Payment to in lieu fee program
❑ Permittee Responsible Mitigation
3 Complete if Using a Mitigation Bank
3a Name of Mitigation Bank
3b Credits Purchased (attach receipt and letter)
Type
Quantity
Page 7 of 11
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3c Comments
4 Complete if Making a Payment to In lieu Fee Program
4a Approval letter from in lieu fee program is attached
❑ Yes
4b Stream mitigation requested
linear feet
4c If using stream mitigation stream temperature
❑ warm ❑ cool ❑cold
4d Buffer mitigation requested (DWQ only)
square feet
4e Riparian wetland mitigation requested
acres
4f Non riparian wetland mitigation requested
acres
4g Coastal (tidal) wetland mitigation requested
acres
4h Comments
5 Complete if Using a Permittee Responsible Mitigation Plan
5a If using a permittee responsible mitigation plan provide a description of the proposed mitigation plan
6 Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ
6a Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation?
10 es ® No
6b If yes then identify the square feet of impact to each zone of the riparian buffer that requires mitigation Calculate the
amount of mitigation required
Zone
6c
Reason for impact
6d
Total impact
(square feet)
Multiplier
6e
Required mitigation
(square feet)
Zone 1
3 (2 for Catawba)
Zone 2
1 5
6f Total buffer mitigation required
6g If buffer mitigation is required discuss what type of mitigation is proposed (e g payment to private mitigation bank
permittee responsible riparian buffer restoration payment into an approved in lieu fee fund)
6h Comments
Page 8 of 11
PCN Form — Version 13 December 10 2008 Version

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E Stormwater Management and Diffuse Flow Plan (required by DWQ)
1 Diffuse Flow Plan
la Does the project include or is it adjacent to protected riparian buffers identified
® Yes ❑ No
within one of the NC Riparian Buffer Protection Rules?
1 b If yes then is a diffuse flow plan included? If no explain why
Comments No Impervious areas will be created as part of this project nor will
❑ Yes ® No
existing drainage patterns be altered
2 Stormwater Management Plan
2a What is the overall percent imperviousness of this project?
0%
2b Does this project require a Stormwater Management Plan?
❑ Yes ® No
2c If this project DOES NOT require a Stormwater Management Plan explain why There will be no impervious area or
changes to existing drainage patterns
2d If this project DOES require a Stormwater Management Plan then provide a brief narrative description of the plan
❑ Certified Local Government
2e Who will be responsible for the review of the Stormwater Management Plan?
❑ DWQ Stormwater Program
❑ DWQ 401 Unit
3 Certified Local Government Stormwater Review
3a In which local governments jurisdiction is this project?
❑ Phase II
3b Which of the following locally implemented stormwater management programs
❑ NSW
❑ USMP
apply (check all that apply)
❑ Water Supply Watershed
❑ Other
3c Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑ No
attached?
4 DWQ Stormwater Program Review
❑ Coastal counties
4a Which of the following state implemented stormwater management programs apply
❑ HQW
❑ ORW
(check all that apply)
❑ Session Law 2006 246
❑ Other
4b Has the approved Stormwater Management Plan with proof of approval been
attached?
❑ Yes ❑ No
5 DWQ 401 Unit Stormwater Review
5a Does the Stormwater Management Plan meet the appropriate requirements?
❑ Yes ❑ No
5b Have all of the 401 Unit submittal requirements been met?
❑ Yes ❑ No
Page 9 of 11
PCN Form — Version 13 December 10 2008 Version

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F Supplementary Information
1 Environmental Documentation (DWQ Requirement)
la Does the project involve an expenditure of public (federal /state /local) funds or the
®Yes ❑ No
use of public (federal /state) land?
lb If you answered yes to the above does the project require preparation of an
environmental document pursuant to the requirements of the National or State
❑ Yes ® No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1c if you answered yes to the above has the document review been finalized by the
State Clearing House? (If so attach a copy of the NEPA or SEPA final approval
letter )
❑ Yes ❑ No
Comments
2 Violations (DWQ Requirement)
2a Is the site in violation of DWQ Wetland Rules (15A NCAC 2H 0500) Isolated
Wetland Rules (15A NCAC 2H 1300) DWQ Surface Water or Wetland Standards
❑ Yes ® No
or Riparian Buffer Rules (1 SA NCAC 2B 0200)?
2b Is this an after the -fact permit application?
❑ Yes ® No
2c If you answered yes to one or both of the above questions provide an explanation of the violation(s)
3 Cumulative Impacts (DWQ Requirement)
3a Will this project (based on past and reasonably anticipated future Impacts) result in
Yes No
additional development which could impact nearby downstream water quality?
3b If you answered yes to the above submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy If you answered no provide a short narrative description
The proposed project will not result in an increase in capacity at the WTP The purposed of the proposed project is to
allow for more effective maintenance of the existing intake structure in order to avoid the need to dredge during the
anadromous fish migration moratorium
4 Sewage Disposal (DWQ Requirement)
4a 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
NIA
Page 10 of 11
PCN Form — Version 13 December 10 2008 Version

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5 Endangered Species and Designated Critical Habitat (Corps Requirement)
5a Will this project occur in or near an area with federally protected species or
® Yes ❑ No
habitat'
5b Have you checked with the USFWS concerning Endangered Species Act
—
❑Yes ®No
impact
If yes Indicate the USFWS Field Office you have contacted
El Raleigh
❑ Asheville
5d What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
USFBWS Website (http / /www fws gov /nc es /es /countyfr html)
6 Essential Fish Habitat (Corps Requirement)
6a Will this project occur in or near an area designated as essential fish habitat?
❑ Yes ® No
6b What data sources did you use to determine whether your site would impact Essential Fish Habitat?
One NC Naturally Conservation Planning Tool No surface waters will be impacted by the proposed clearing
7 Historic or Prehistoric Cultural Resources (Corps Requirement)
7a Will this project occur in or near an area that the state federal or tribal
governments have designated as having historic or cultural preservation
Yes ® No
status (e g National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b What data sources did you use to determine whether your site would impact historic or archeological resources?
NC State Historic Preservation Office HPOWE6 GIS Service
8 Flood Zone Designation (Corps Requirement)
8a Will this project occur in a FEMA designated 100 year floodplain?
® Yes ❑ No
8b If yes explain how project meets FEMA requirements The proposed project does not create any impervious area nor
does it alter the existing drainage patterns The site will be allowed to revegetate naturally once the tree removal is
completed
8c What source(s) did you use to make the floodplain determination? NC Floodplain Mapping Information System
Earl Botkin
1/20/2012
Applicant/Agents Printed Name
Applicant/Agents Signature
Date
(Agents signature is valid only if an authorization letter from the applicant
is rovided
Page 11 of 11
PCN Form — Version 13 December 10 2008 Version

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EXHIBITS
'
1 GENERAL LOCATION MAP
2 USACE DREDGING PERMIT
1
3 EXISTING CONDITIONS
4 PROPOSED PROJECT
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EXHIBIT 1 - GENERAL LOCATION MAP
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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT CORPS OF ENGINEERS
PO BOX 1890
WILMINGTON NORTH CAROLINA 28402 1890
INREPLYREFERTO August 15 2005
Regulatory Branch
SUBJECT Action ID 200520101
Peter T Cornet
Town Manager
Town of Smithfield
Post Office Box 751
Raleigh NC 27699 1548
Dear Mr Connet
In accordance with your wntten request of Novembei 4 2004 and the resulting
admimstrative record enclosed aie two copies of a Department of the Army permit to authorize
maintenance dredging in navigable waters of the United States for maintenance of the existing
iaw water intake structure in the Neuse River northwest of Smithfield in Johnston County
North Carolina
You should acknowledge that you accept the teams and conditions of the enclosed permit
by signing and dating each copy in the spaces provided ( "Permittee" on page 3) Youi signature
as permittee, shows that as consideration for the issuance of this permit you voluntarily accept
and agree to comply with all of the terms and conditions of this permit All pages of both copies
of the signed permit with drawings should then be returned to this office for final authorization
A self- addressed envelope is enclosed for your convenience
After the permit is authorized in this office the original copy will be returned to you the
duplicate copy will be permanently retained in this office Should you have questions contact
Mr Eric Alsmeyer of my staff at telephone [phone] extension 23
Enclosures
Sincerely
Jean B Manuele
Chief Raleigh Regulatory
Field Office
4 RUCK 1 b 2005 11'1
J z

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I DEPARTMENT OF THE ARMY PERMIT
IPermittee TOWN OF SMITHFIELD
PermitNo 200520101
Issuing Office USAED. WILMINGTON
' NOTE The term 'you' and its derivatives as used iii this Pei mit, means the permittee of any future ti ansferee The
tei m this office refers to the appropriate district of division office of the Corps of Engineers having jurisdiction over
the permitted activity or the appropriate official of the office acting under the author ity of the commanding officer
1 You are authorized to perform work in the accoi dance with the tei ms and conditions specified p below
Project Description
Maintenance dredge (ten years) m navigable waters of the United States in an area totaling 3 500 square
feet (0 08 acre) to a maximum depth of 10 feet, for maintenance of the existing raw water intake in the
Neuse River
IProject Location
1 Approximately 2 800 feet upstream of the US 70 Business budge noithwest of Smithfield Johnston
County North Carolina
Permit Conditions
General Conditions
I The time Limit for completing the woi Ic authorized ends on December 31.20015 If you find that you need more
time to complete the authonzed activity submit your request foi i time extension to this office for consideration at least
1 one month before the above date is reached
2 You must maintain the activity authorized by this permit in good condition tnd in confoi mance with the terms
and conditions of this permit You are not relieved of this requh ement if you abandon the permitted activity although
you may make a good faith transfer to a third party in compliance with Geneial Conditions 4 below Sbould you wish
to cease to maintain the authorized activity of should you desire to abandon it without a good frith ti ansfer, you must
obtain a modification of this permit from this office, which may i equire i estoi ation of the area
' 3 If you discover any previously unknown historic or archeological remains while accomplishing the activity
authonzed by this permit you must immediately notify this office of what you have found We will initiate the Federal
and state coordination required to determine if the remains wai rant a i ecoveiy effort of if the site eligible for lishng in
the National Register of historic Places
ENG Form 1721 Nov 86 EDITIONS OF SEP 82 iS OBSOLM (33 DFR 325 (Appenegx A))
1

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4 If you sell the property associate with this permit you must obtain the signature of the new ovine► in the space
pi ovided and forward a copy of the permit to this office to validate the t► ansfel of this autho► nation
5 If a conditioned water quality certification has been issued foi your pi oject you must comply with the conditions
specified in the certification as special conditions to this per mit Foi your convenience a copy of the certification is
attached if it contains such conditions
6 You must allow reps esentatives fi om this office to inspect the -inthor ►zed oetiv►ty zt any time deemed necessary to
ensure that it is being or has been accomplished in kccoi dince with the tei ms -ind conditions of you► pei mit
Special Conditions
*SEE ATTACHED SPECIAL CONDITIONS
Fui ther Info► matron
1 Congressional Authorities You have been tuthol ►zed to undertake the ictivity described above pursuant to
(X) Section 10 of the Rivers and Harbors Act of 1899 (33 U S C 403)
( ) Section 404 of the clean Water Act (33 U S C 1344)
() Section 103 of the Marine Protection Research and Sanctuaries Act of 1972 (33 U S C 1413)
2 Limits of this authorization
a This permit does not obviate the need to obtain other Federal, state or local authorizations i equ►red by law
b This permit does not giant any propel ty 1 fights or exclusive privileges
c This permit does not author ize any injury to the propel ty or rights of others
d This permit does not authorize interfei ence with any existing or proposed federal protect
3 Limits of Federal Liability In issuing this per mit the Federal Govei nment does not assume any liability for the
following
a Damages to the permitted project or uses then eof is a result of other per mrtted of unpei mitted activities or from
natural causes.
b Damages to the permitted project or uses then eof Is a 1 esillt of curt ent of future activities under taken by of on
behalf of the United states in the public interest
c Damages to persons, property, or to othet permitted of unpei matted ictiv►ties or str uctui es ciused by the activity
authorized by this permit
d Design or construction deficiencies associated with the permitted work
3 US GOVERNMENT PRINTING ormcr 1986 -717 -425

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Damage claims associated with any futui a modification suspension of revocation of this permit
4 Reliance on Applicant s Data The determination of this office that issuance of this pet mit is 1101 Conn ary to the public interest was mad m IChance
on the information you provided
5 Reevaluation of Permit Decision This office m�ty r eevaluate its decision on this pet mit at anytime the circumstances
warrant Circumstances that could require a i eevaluation include but ai a not limited to the following
a You fall to comply with the terms and conditions of this pet mit
b The information provided by you in suppoi t of your permit application pi oyes to have been false, incomplete, or
inaccurate (see 4 above)
c Significant new information surfaces which this office did not considei in retching the of iginal public interest
decision
Such a reevaluation miy i esult in a determination that It is appi opriate to use the suspension modification, and
revocation procedures contained in 33 CFR 325 7 of enforcement procedures such as those contained in 33CFR 326 4
and 326 5 The referenced enforcement procedui es pi ovide for the issuance of an administrative order i equiring you to
comply with the terms and conditions of your pei mit and foi the initiation of legal action whei a nppi opi iste You will
be required to pay for any corrective measures ordered by this office and if you fail to comply with such directive this
office may in certain situations (such as those specified in 33 CrR 209 170) accomplish the corrective measure by
contract or otherwise and bill you for the cost
6 Extensions General condition 1 establishes a time limit for the completion of the activity authorized by this permit.
Unless there are circumstances requiring either a pi ompt completion of the authorized activity or a reevaluation of the
public interest decision, the Corps will normally give favoi able considei ation to a i equest foi an extension of this time
limit
Your signatui a below as permittee indicates th'it you accept and 191 ee to comply with the tei ms ind conditions of this
pei mit
(PERMITTEE) TOWN OF SMITHFIELD PETER T CONNET (DATE)
This permit becomes effective when the Fedet 11 official design -iced to act for the Secretary of the Army has signed
below
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(DISTRICT Engineer) JOHN E PULLIAM JR COLONEL
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(DATE)
When the structures or work authorized by this permit are still in existence at the time the property is transferred the terms and conditions of this
Permit will continue to be binding on the new owner(s) of the pi operty To validate the transfer of this pet mt and the associated liabilities associated
with compliance with its terms and conditions have the ti ansfei ee sign and date below
1 (Transferee)
1
(Date)
ll S GOVLRNMLNT PRINTING orF10E 1986 -717 425

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NOTE SPECIAL CONDITIONS TO BE ATTACHED TO ENO FORM 1721 ARE
SPECIAL CONDITIONS (Action ID 200520101.1 Town of Smithfield Maint DredainO
Work Limits
a) All work authorized by this permit must be performed in strict compliance with the
attached plans which are a part of this permit Any modification to these plans must be
approved by the US Army Corps of Engineers (USACE) prior to implementation
b) Except as authorized by this permit or any USACE approved modification to this permit,
no excavation, fill or mechanized land clearing activities shall take place at any time in
the construction or maintenance of this project within watei s or wetlands This permit
does not authorize temporary placement or double handling of excavated or fill material
within waters or wetlands outside the permitted area This prohibition applies to all
borrow and fill activities connected with this project
C) Except as specified in the plans attached to this permit, no excavation fill or mechanized
land clearing activities shall take place at any time in the construction or maintenance of
this project, in such a manner as to impair normal flows and circulation patterns within
waters or wetlands or to reduce the reach of waters or wetlands
Related Laws
d) All mechanized equipment will be regularly inspected and maintained to prevent
contamination of waters and wetlands from fuels lubricants hydraulic fluids or other
toxic materials In the event of a spill of petroleum products or any other hazardous
waste the permittee shall immediately report it to the N C Division of Water Quality at
[phone], Ext 526 or [phone] and provisions of the North Carolina Oil
Pollution and Hazardous Substances Control Act will be followed
Pr_ oject Mainten -trice
e) The permittee shall advise the Corps in writing prior to beginning the work authorized by
this permit and again upon completion of the work authorized by this permit
f) Unless otherwise authorized by this permit all fill material placed in waters or wetlands
shall be generated from an upland source and will be clean and free of any pollutants
except in trace quantities Metal products organic materials (including debris from land
clearing activities) or unsightly debris will not be used
g) The permittee shall require its contractors and/oi agents to comply with the terms and
conditions of this permit in the construction and maintenance of this project, and shall
provide each of its contractors and/or agents associated with the construction or
maintenance of this project with a copy of this permit A copy of this permit including
all conditions shall be available at the project site during constriction and maintenance
of this project
h) The permittee shall employ all sedimentation and erosion control measures necessary to
prevent an increase in sedimentation or turbidity within waters and wetlands outside the
permit area This shall include but is not limited to the immediate installation of silt
fencing or similar apmronnate devices around all areas Snhiem to zm) amt ... bo s^^ tu-

movement of earthen fill and the immediate stabilization of all disturbed areas
Additionally the project must remain in full compliance with all aspects of the
Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter
113A Article 4)
i) The permittee upon receipt of a notice of revocation of this permit of upon its expiration
' before completion of the work will without expense to the United States and in such time
and manner as the Secretary of the Army or has authorized representative may direct,
restore the water or wetland to its pre project condition
Enforcement
j} Violations of these conditions or violations of Section 404 of the Clean Water Actor
Section 10 of the Ravers and Harbors Act must be reporttd in writing to the Wilmington
District U S Army Corps of Engineers within 24 hours of the permittee s discovery of the
violation
Section 10
k) The permittee upon receipt of a notice of revocation of this permit or upon its expiration
before completion of the work wall, without expense to the United States and in such time
and manner as the Secretary of the Army or his authorized representative may direct
restore the waterway to its former conditions If the permrttee falls to comply with this
direction the Secretary or his representative may restore the waterway by contract or
otherwise and recover the cost from the permittee
1) The authorized structure and associated activity must not interfere with the public's right
to free navigation on all navigable waters of the United States No attempt will be made
by the permittee to prevent the full and free use by the public of all navigable waters at or
adjacent to the authorized work for reason other than safety
m) The permittee understands and agrees that of future operations by the United States
require the removal relocation of other alteration of the structure or work herein
authorized or if in the oplmon of the Secretary of the Army or his authorized
representative said structure or work shall cause unreasonable obstruction to the free
navigation of the navigable waters the permittee will be required upon due notice from
the U S
Army Corps of Engineers to remove relocate or alter the structural work or
obstructions caused thereby without expense to the United States No claim shall be
made against the United States on account of any such removal, relocation or alteration
The
permittee shall notify NOAA/NATIONAL OCEAN SERVICE Chief Source Data
Unit N CS261 1315 E West HWY RM 7316 Silver Sprang MD 20910 3282 at least
two weeks prior to beginning work and upon completion of work
Anadramous Fish Moratorium
n) The permittee shall not perform any work witlun the waters of the Neuse River during the
anadramous fish moratorium dates from February 15 through June 15 inclusive, of any
year

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WATER TREATMENT PLANT
SMITHFIELD, N C

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A licant Town of Smithfield Ftle Number 200520101
Date August 15 2005
Attached
is
See Section below
X
INITIAL PROFFERED PERMIT (Standard Permit or Letter of pei mission )
A
PROFFERED PERMIT Standard Permit or Letter of pei mission
B
PERMIT DENIAL
C
APPROVED JURISDICTIONAL DFTERMINATION
D
PRELIMINARY JURISDICTIONAL DETERMINATION
E
-His �lgl3s� �d1, Otis agar4dt"`' �Ga`��'�PAe�1+,oftall�+ eq A
t d a WTI, 'Ffyis'acearniY ixrilfcwoht r,
u�m
A 1N1TIAL PROFFERED PERMIT You may accept of object to the permit
• ACCEPT If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization Ifyou received a Letter of Permission (LOP) you may accept the LOP and your work is authorized Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety and waive all rights
to appeal the permit including its terms and conditions and appioved Jurisdictional determinations associated with the permit
• OBJECT Ifyou object to the permit (Standard of LOP) because of certain terms and conditions therein, you may
request that the permit be modified accordingly You must complete Section 11 of this form and return the form to
the district engineer Your objections must be received by the disti ict engineer within 60 days of the date of this
notice or you will forfeit your right to appeal the permit in the future Upon receipt of your letter the district
engineer will evaluate your objections and may (a) modify the permit to address all of } our concerns (b) modify
the permit to address some ofyour objections of (c) not modify the permit having detei mined that the permit should
be issued as previously written After evaluating your objections the district engineer will send you a pi offered
eimit for your reconsideration as indicated in Section B below
B PROFFERED PERMIT You may accept or appeal the peimit
• ACCEPT If you received a Standard Permit you may sign the permit document and retain it to the district engineer for final
authorization Ifyou received a Letter of Permission (LOP) you may accept the LOP and your work is authorized Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entu ety and waive all rights
to appeal the permit, including its terms and conditions and approved Jurisdictional deteiminations associated with the permit
• APPEAL Ifyou choose to decline the proffered peirnit (Standard or LOP) because of
certain terms and conditions
therein you may appeal the declined permit tinder the Corps of Engineers Administrative Appeal Process by
completing Section Hof this form and sending the form to the division engineer This form must be received by the
division engineer within 60 days of the date of this notice
C PERMIT DENIAL You may appeal the dental of a permit uudei the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the division engineer This form
must be received by the division engineer within 60 days of the date of this notice
D APPROVED JURISDICTIONAL DETERMINATION You may acceptor appeal the approved JD or provide
new information
• ACCEPT You do not need to notify the Corps to accept an approved JD Failuie to notify the Corps within 60 days of the date
of this notice means that you accept the approved ID in its entirety and waive all rights to appeal the approved JD
• APPEAL Ifyou disagree with the approved JD you may appeal the approved JD tattler the Corps
of Engineers
Administrative Appeal Process by completing Section 11 of this form and sending the form to the division engineer
This form must be received by the division engineer within 60 days of the date of this notice
E PRELIMINARY JURISDICTIONAL DETERMINATION You do not need to respond to the Coips regarding the
preliminary JD The Preliminary JD is not appealable If you wish you may request an approved JD (which maybe
appealed) by contacting the Corps distnct foi further instruction Also you may provide new mfoimation for further
consideration by the Corps to ieevalulate the JD

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��`.�0��� ' �r �,�F±r?1�aA�P.�AL oY OB�GTIO1�lS TO rT1NITIA��PR4FFE1���� {Iti�7t�v2t�� #1'�� '
REASONS FOR APPEAL OR OBJECTIONS (Descnbe your seasons for appealing tine decision or your
objections to an neutral proffered per7rnt rn clear concise statements You may attach additional information to
this form to clarify where your reasons on objections aie addressed in the administrative iecoid )
ADDITIONAL INFORMATION The appeal is limited to a review of the administrative record, the Corps
memorandum for the record of the appeal conference or meeting and any supplemental information that the
review officer has determined is needed to clarify the administrative record Neither the appellant nor the
Corps may add new information or analyses to the record However you may provide additional information
to clarify the location of infonnation that is *eady in the administrative record
T' 6 ' � ilk, i Y( °C
If you have questions regarding this decision and/or
If you only have questions regarding the appeal
the appeal process you may contact
process you may also contact
Mr Eric C Alsmeyer Regulatory Project Manager
Mr Michael Bell Administrative Appeal Review
U S Army Corps of Engineers Wilmington District
Officer
Raleigh Regulatory Field Office
CESAD ET CO R
6508 Falls of Neuse Road Suite 120
U S Army Corps of Engineers South Atlantic
Raleigh North Carolina 27615 6814
Division
60 Forsyth Sticet Room 9M15
Atlanta Geor ra 30303 8801
RIGHT OF ENTRY Your signature below grants the right of entry to Corps of Engmeeis personnel and any
government consultants to conduct investigations of the project site during the course of the appeal process
You will be provided a 15 day notice of any site investigation and will have the opportunity to participate in
all site investigations
Date
Telephone number
Signature of appellant or agent
DIVISION ENGINEER
Commander
U S Army Engineer Division, South Atlantic
60 Forsyth Street, Room 9M15
Atlanta, Geoi gia 30303 3490

EXHIBIT 3 - EXISTING CONDITIONS
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EXHIBIT 4 - PROPOSED PROJECT

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