20060007 Ver 2_Complete File_20060803

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
October 9, 2006
Mr. Donald Hathaway
5621 Quail Covey Lane
Wendell, NC 27591
Subject Property:
DWQ Project # 06-0007, Ver. 2
Franklin County
Donald Hathaway
Ut to Moccasin Creek [030407, 27-86-2, C, NSW]
Approval of 401 Water Quality Certification and Authorization Certificate per the Tar-Pamlico River
Buffer Protection Rules (15A NCAC 2B .0259) with Additional Conditions - AFTER-THE-FACT
Dear Mr. Hathaway:
You have our AFTER-THE-FACT approval, in accordance with the attached conditions and those listed
below, to place fill within or otherwise impact 20 linear feet of stream waters and 2,000 square feet (ft)
of protected riparian buffers (800 square feet Zone 1, and 1,200 square feet Zone 2) for the purpose of
facilitating access to a residence on the subject property as described within your application dated July
24, 2006 and received by the N.C. Division of Water Quality (DWQ) on August 3, 2006 with additional
information received by the DWQ on August 22, 2006. After reviewing your application, we have
decided that the impacts are covered by General Water Quality Certification Number(s) 3404 (GC3404).
The Certification(s) allows you to use Nationwide Permit(s) 14 (NW 14) when issued by the US Army
Corps of Engineers (USACE). This letter shall also act as your approved Authorization Certificate for
impacts to the protected riparian buffers per 15A NCAC 213 .0259. In addition, you should obtain or
otherwise comply with any other required federal, state or local permits before you go ahead with your
project including (but not limited to) Erosion and Sediment Control, and Non-discharge regulations.
Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as
depicted in your application shall expire upon expiration of the 404 or CAMA Permit.
This approval is for the purpose and design that you described in your application. 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 Certification and approval letter 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 or 150 linear feet of stream, compensatory mitigation may be required as described in 15A
NCAC 2H.0506 (h). This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed below.
Conditions of Certification:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
401 Oversight/Express Review Permits Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Ralegh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: http://h2o.enr.state.nc.us/ncwetiands

An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
T
Donald Hathaway
Page 2 of 3
October 9, 2006
Amount Approved (Units) Plan Location or Reference
Stream 20 linear feet PCN page 8 of 12
Zone 1 TPBR Buffer Impacts 800 (square feet) PCN page 11 of 12
Zone 2 TPBR Buffer Impacts 1,200 (square feet PCN page 11 of 12
Sediment and Erosion Control:
2. Erosion and sediment control practices must be in full compliance with all specifications governing
the proper design, installation and operation and maintenance of such Best Management Practices in
order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual. The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor-owned or leased borrow pits associated with the project.
c. Sufficient materials required for stabilization and/or repair of erosion control measures and
stormwater routing and treatment shall be on site at all times.
3. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the
footprint of the impacts depicted in the 404/40 1 Permit Application. All construction activities,
including the design, installation, operation, and maintenance of sediment and erosion control Best
Management Practices, shall be performed so that no violations of state water quality standards,
statutes, or rules occur;
4. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent
practicable. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, they shall be removed and the natural grade restored within six months of the date that the
Division of Land Resources has released the project;
5. 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 with orange warning
fencing (or similar high visibility material) for the areas that have been approved to iniiinge within the
buffer, wetland or water prior to any land disturbing activities to ensure compliance with 15 NCAC 2H,
Section.0500;
6. 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. The text of the sample deed notification may be
modified as appropriate to suit to this project;
r
Donald Hathaway
Page 3 of 3
October 9, 2006
7. Culvert Installation
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) must be maintained above and below locations of each culvert. 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.
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) shall be maintained above and below locations of each
culvert.
Placement of culverts and other structures in waters, streams, and wetlands must be placed below the
elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20
percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow low flow
passage of water and aquatic life. Design and placement of culverts and other structures including
temporary erosion control measures shall not be conducted in a manner that may result in dis-
equilibrium of wetlands or streambeds or banks, adjacent to or upstream and down stream of the above
structures. The applicant is required to provide evidence that the equilibrium shall be maintained if
requested in writing by DWQ.
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.
8. Diffuse Flow (No Review)
All constructed stormwater conveyance outlets shall be directed and maintained 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 .0233 (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.
Certificate of Completion:
9. 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

Donald Hathaway
Page 4 of 3
October 9, 2006
certificate of completion to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1650
Mail Service Center, Raleigh, NC, 27699-1650.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application and as authorized by this Certification shall expire upon
expiration of the 404 or CAMA Permit.
If you do not accept any of the conditions of this Certification (associated with the approved wetland or
stream impacts), 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, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a
hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act. If you have any questions, please telephone Cyndi Karoly or Ian McMillan in the Central Office in
Raleigh at 919-733-1786 or Mike Horan in the DWQ Raleigh Regional Office at 919-791-4200.
AWK/Um
Enclosures: GC 3404
Certificate of Completion
cc: USACE Raleigh Regulatory Field Office
Mike Horan, DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Central Files
Sinc ly,
Alan W. Klimek, P.E.
Filename: 060007Ver2DonaidHathaway(Franklin)101_TPBR

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
August 15, 2006
DWQ Project # 06-0007, Ver. 2
Franklin County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Mr. Donald Hathaway
5621 Quail Covey Lane
Wendell, NC 27591
Subject Property: Donald Hathaway 5 0
Ut to Moccasin Creek [030407, 27-86-2, C, NSW] 00-
AUG 2 % 2006
REQUEST FOR MORE INFORMATION
DENFi - WATER OL:raLi i Y
WETLANDS AND ;TC?I?l+:Ml'TTf'R BRANCH
Dear Mr. Hathaway:
On August 3, 2006, the Division of Water Quality (DWQ) received your application dated
December 23, 2005, to impact 30 linear feet of stream to construct a driveway to access property.
The DWQ has determined that your application was incomplete and/or provided inaccurate
information as discussed below. The DWQ will require additional information in order to
process your application to impact protected wetlands and/or streams on the subject property.
Therefore, unless we receive the additional information requested below, we will have to move
toward denial of your application as required by 15A NCAC 2H .0506 and will place this project
on hold as incomplete until we receive this additional information. Please provide the
following information so that we may continue to review your project.
Additional Information Requested:
1. Please indicate all buffer impacts on the site plan.
2. Please indicate location of protected buffers as overlays on the site plan.
Please respond within three weeks of the date of this letter by sending this information to me in
writing and Mike Horan of the DWQ Raleigh Regional Office. If we do not hear from you
within three weeks, we will assume that you no longer want to pursue this project and we will
consider the project as withdrawn.
This letter only addresses the application review and does not authorize any impacts to wetlands,
waters or protected buffers. Please be aware that any impacts requested within your application
are not authorized (at this time) by the DWQ. Please call Ms. Cyndi Karoly or Mr. Ian
McMillan at 919-733-1786 if you have any questions regarding or would like to set up a meeting
to discuss this matter.
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: hftp://h2o enr.state.nc.us/ncwetlands
NhCarohna
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An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Mr. Donald Hathaway
Page 2 of 2
August 15, 2006
Sincerely, fSuperviso
Cyndi Karoly, 401 Oversight/Express Review Permitting Unit
CBK/Um
cc: Mike Horan, DWQ Raleigh Regional Office
USACE Raleigh Regulatory Field Office
File Copy
Central Files
Filename: 060007 Ver2DonaldHathaway(Franklin)On_Hold
Triage Check List
Project Name: 6OR1W
Date:
DWQ#:
County: F'?
To: ? ARO Kevin Barnett ? WaRO Kyle Barnes
? FRO Ken Averitte ? WiRO Noelle Lutheran/Joanne Steenhuis
? O Alan Johnson/Barry Love ? WSRO Daryl Lamb
Lv,RRO Eric Kulz
From: V/1- r. 0 V Telephone : (919)
The file attached is being forwarded to your for your evaluation.
Please call if you need assistance.
? Stream length impacted
? Stream determination
? Wetland determination and distance to blue-line surface waters on USFW topo maps.
? Minimization/avoidance issues
? Buffer Rules (Meuse, Tar-Pamlico, Catawba, Randleman)
? Pond fill
? Mitigation Ratios
? Ditching
? Are the stream and or wetland mitigation sites available and viable?
? Check drawings for accuracy
? Is the application consistent with pre-application meetings?
? Cumulative impact concern
0G-000
e U.S. ARMY CORPS OF ENGINEER
Wilmington District A. r o'y
Action ID: 200620343 County: Franklin
Notification of Unauthorized Activity/Permit Noncompliance
Responsible Party Mr. Donald Hathawa
Address 5621 Quail Covey Lane
Wendell, NC 27591
Telephone Number 919-266-7657 (Alt: 919-880-7082)
Location of Property (include Waterbody, highway name/number, town, etc.) On a unnamed tributary to
Moccasin Creek; On the north side of SR 1103 (Pilot Riley Road), approximately 2,000 feet west of _SR 1726
(Henry Baker Road), southeast of Riley, North Carolina (An access easement on Parcel # 2708-18-44$6, for
access to Parcel # 2708-19-7640).
Description of Unauthorized Activity/Permit Noncompliance
Fill was placed beyond that authorized under Nationwide General Permit 39 (described in the application dated
12/23/2005) for additional impacts to approx. 0.06 acre of wetlands and 20 linear feet of an unnamed tributary to
Moccasin Creek, related to the authorized construction of a driveway crossing. I confirmed the violation on my
site inspection on July 13, 2006.
Indicate which of the following apply:
Unauthorized Activity River & Harbor Act, Section 10 (33 USC 403)
X Noncompliance with Permit X Clean Water Act, Section 301 (33 USC 1311)
Since your Department of the Army Permit does not authorize the above-described additional activity, it is a
violation of federal law as specified above. You have agreed to do no further work in waters or wetlands without
the required Department of the Army Permit. Any further unauthorized work in water or wetlands will be
considered an intentional violation of federal law.
If you do no further work in waters or wetlands, and perform the remedial action requested below, the Corps
of Engineers will take no further action in this matter. If you continue to work in waters and wetlands without
the required authorization, and/or fail to perform the requested remedial action, the Corps will take further
administrative action, and may request the U.S. Attorney to file suit against you. If you need further information
about the Corps of Engineers regulatory program, please contact Mr. Eric Alsmeyer at 919-876-8441, ext. 23.
Remedial Action Requested: Submit information on additional impacts beyond authorized impacts and install
replacement pipe culvert or additional culvert(s) to provide adequate hydraulic passage.
Note: Your after-the fact application for additional impact, dated July 24, 2006, proposes installation of a 48-
inch pipe culvert, in addition to the 36-inch pipe culvert currently in place. Provided that this additional culvert
is correctly installed, this will bring the constructed road in compliance with your permit authorization under
Section 404 of the Clean Water Act, and no further action regarding this violation will be necessary. When the
second culvert has been installed and stabilized, you should contact me to arrange a final site inspection to
ensure compliance with our regulations, and close-out of this violation.
Project Manager Signature
Date 8/24/2006
CF: NC-DWQ (Ian McMillan)
Charlotte Tingen (Adj Prop. Owner)
AUG 2 D
DENR . WATttR
03ANp8=WA? L '
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID(s): SAW-2006-20343 County: Franklin
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner: Mr. Donald Hathaway
Mailing Address: 5621 Quail Covey Lane
Wendell, NC 27591
Telephone No.: 919-266-7657
Location of property (road name/number, town, etc.): On the north side of SR 1103 (Pilot Riley Road), approximately 2,000
feet west of SR 1726 (Henry Baker Road); southeast of Riley, North Carolina (An access easement on Parcel # 2708-
18-4466, for access to Parcel # 2708-19-7640).
Site Coordinates: 35.9135°N 78.3202°W USGS Quad: Bunn West
Waterway: unnamed tributary to Moccasin Creek River Basin: Neuse HUC: 03020201
Description of projects area and activity (see page 2 for a summary of authorized impacts): AFTER-THE-FACT: Discharge
of fill material for construction of a pipe culvert (one 36-inch pipe and one 48-inch pipe) driveway crossing, in
accordance with the drawings submitted on 7/24/2006.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
? Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Nationwide or Regional General Permit Number(s): 14
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and
your submitted plans. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop
work order, a restoration order and/or appropriate legal action.
This verification is valid until the NWP is modified, reissued, or revoked. All of the existing NWPs are scheduled to be modified,
reissued, or revoked prior to March 18, 2007. It is incumbent upon you to remain informed of changes to the NWPs. We will issue a public
notice when the NWPs are reissued. Furthermore, if you commence or are under contract to commence this activity before the date that the
relevant nationwide permit is modified or revoked, you will have twelve (12) months from the date of the modification or revocation of the
NWP to complete the activity under the present terms and conditions of this nationwide permit. If, prior to the expiration date identified
below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified
below, provided it complies with all new and/or modified terms and conditions. The District Engineer may, at any time, exercise his
discretionary authority to modify, suspend, or revoke a case specific activity's authorization under any NWP.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should
contact the NC Division of Water Quality (telephone [phone]) to determine Section 401 requirements.
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or
local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program,
please contact Eric Alsmeyer at tele hone (91 876-8441, ext 23.
Corps Regulatory Official Date: 8/24/2006 Verification Expiration Date: 3/18/2007
Copy Furnished: NC-DWQ (I. McMillan)
Charlotte Tingen
Page 1 of 2
f Summary of Authorized Impacts and Required Mitigation
Action ID NWP / GP Open Water ac Wetland (ac) Unim ort ant Steam 1 Important Stream (1
# # Temporary Permanent Temporary Permanent Temporary Permanent Temporary Permanent
SAW-
2006-
20343
14
0.06
50

Impact Totals 0 0 0 0 0 0 0 50
Total Loss of Waters of the U.S. ac 0.06 Total Loss of Waters of the U.S. (1 50
Required Wetland Mitigation c) I ? Required Stream Mitigation (If) I
Additional Remarks and/or Special Permit Conditions:
Note: This is after-the-fact authorization. The work was originally authorized under the nationwide general permit, but was not
constructed in compliance with the original permit. The second pipe will be added to the existing crossing.
No compensatory stream/wetland mitigation is required.
Page 2 of 2
uonald K. Hathaway
5621 Quail Covey Lane
Wendell, NC 27591
July 24, 2006
Division of Water Quality
401 Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
1)6 - D 007 V 2,

Subject: Notice of Violation - NOV-200601996 Violation of 401 Conditions
Mr. Donald Hathaway
1627 Pilot Riley Road
Franklin County
Requested Responses:
1.
2.
3.
Time line of project:
12/23/05
01/12/06
03/04/06
03/18/06
03/25/06
03/27/06
03/28 & 03/29/06
04/07/06
05/08/06
Submitted pre-construction application
Received approval for submitted application
Installed pipe and silt fence
Backfilled pipe and put in road fill
Brought in more dirt
Began to put gravel on road
Continued to put gravel on road
Put matting in ditches, seeded and mulched
Submitted Certificate of Completion with photos
In order for the road to be level I had to put in fill dirt.
We are submitting a modified 401 Application
.'"'?+ ?""."? .p" 'Oyu p` i ? ?•? ^5y p 3?? "gib
AUG 0 3 2006
JENR - WATER QUALITY
W IA+ DS ?NID CTORYIV ,^ - Eta BRANCH
4.
5.
See attached plan and calculations
We are submitting a modified 401 Application
Sincerely,
Donald Hathaway
zr/C 2 A l/
CC: US Army Corps of Engineers - Eric Alsmeyer

Office Use Only: Form Version March 05
USACE Action ID No. DWQ No. g20C)(0 r- Q C)Q .I V Z
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
1. Check all of the approval(s) requested for this project:
? Section 404 Permit Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
x401 Water Quality Certification ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: Mc-?AC`Cwn w w,
MW
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 Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check .?
D J1, 7 T
II. Applicant Information
JUL 2 7 20G0
1. Owner/ppcant Info a ' n OdS?10
Name: ,
41 LLap4- Mailing Address: 1.1 OW ?`vrbCr?
S
- 9P? a (Pco- -74s 7
Telephone Number: q/q- kY0 - 7Q d- Fax Number:
E-mail Address:
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name:
Company Affiliation:
Mailing Address:_
Telephone Number: Fax Number:
E-mail Address:
Page 5 of 12 A U G 0
v 2006
T°'L''ti`,t < 7 to
III. Project Information
8.
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: --1?)O V1 G.\ Ck- 1-\ C--1 VMaIL)L41 -Y SI OIVrio? , l Y? V-W
2. T.I.P. Project Number or State Project Number (NCDOT Only): R I A
3. Property Identification Number (Tax PIN):a-(QB - P- Ro 40/, a706 116& 405ewn )
4. Location
County: Y?Gm /N/ Nearest Town: ( c
Subdivision name (include phase/lot number):_ N A
Directions to site (includA rQ4 numbgrs,,lan arks, etc): i S
5. Site coordinates, if available (UTM or Lat/Long):
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Property size (acres): r,
7. Nearest body of water (stream/river/sound/ocean/lake): 11--l' -, Z4 an ?I (lee River Basin: d-+? ! ?'Iy? C U t vP (' i n
(Note - this must be one of North Carolina's seventeen designated major river basins.
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
The
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application:
Page 6 of 12
10. Describe the overall project in detail, including the type of equipment to be used:
11. Explain the purpose of the proposed work:
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.
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
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 7 of 12
2. Individually list wetland impacts. Types of 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.
Wetland Impact
Site Number
(indicate on map)
Type of Impact Type of Wetland
(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
100-year
Floodplain
(yes/no) Distance to
Nearest
Stream
(linear feet) Area of
Impact
(acres)

Total Wetland Impact (acres)
3. List the total acreage (estimated) of all existing wetlands on the property:
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, 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. To calculate acreage, multiply length X width, then divide by 43,560.
Stream Impact
Number
(indicate on ma)
Stream Name
Type,of Impact Perennial or
Intermittent? Average
Stream Width
Before Impact Impact
Length
linear feet Area of
Impact
acres
C

Total Stream Impact (by length and acreage)
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc.
Open Water Impact
Site Number
(indicate on map) Name of Waterbody
(if applicable)
Type of Impact Type of Waterbody
(lake, pond, estuary, sound, bay,
ocean, etc.) Area of
Impact
(acres)

Total Open Water Impact (acres)
Page 8 of 12
6. List the cumulative impact to all Waters of the U.S. resulting from the proiect:
Stream Impact (acres):
Wetland Impact (acres):
Open Water Impact (acres):
Total Impact to Waters of the U.S. (acres)
Total Stream Impact (linear feet):
7. Isolated Waters
Do any isolated waters exist on the property? ? Yes E?ib
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USAGE.
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.): Q
JAI-
Proposed use or purpose of pond (e.g., livesto watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Current land use in the vicinity of the pond:
Size of watershed draining to pond: 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.
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.
Page 9 of 12
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, 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 NCEEP 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
btt2://h2o.enr.state.nc.us/ncwetlands/strmgide.html.
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.
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.nc.us/wip/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
Page 10 of 12
IX.
X.
Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federaUstate local) funds or the use of
public (federal/state) land? Yes F-1 No
2. 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 E] No V
3. 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 [9
Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
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.
1. Will the <5A ' ct impact protected rian„buffers identified within 15A NCAC 2B .0233
(Meuse), NCAC 2B 0259 (Tar-Pamlico , 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .025n eman Rules a Supply Buffer Requirements), or other (please
identify )? Yes E)? No ?
2. If "yes", 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.
Impact Required
Zone* ------- r , Multiplier
1 900 3 (2 for Catawba) ?)
2 1 © © 1.5 A) bti
Total ,2000
* Zone 1 extends out 30 feet perpendicular
additional 20 feet from the edge of Zone 1.
the top of the near bank of channel; Zone 2 extends an
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please .attach all propriate information as identified
within 15A NCAC 2B .0242 or .0244, or .0260.
Page 11 of 12
XI. Stormwater (required by DWQ)
Describe impervious acreage (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. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level.
XII. Sewage Disposal (required by DWQ)
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.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes &J- . No ?
Is this an after-the-fact permit application? Yes No ?
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ? No R
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
6
XV.
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).
6_5 I,-
Applicant/Agent's Signal
(Agent's signature is valid only if
Date
letter from the applicant is provided.)
Page 12 of 12
Other Circumstances (Optional):
Donald R. Hathaway
5621 Quail Covey Lane
Wendell, NC 27591
July 24, 2006
Division of Water Quality
401 Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
Y 2N blo- ooo-)
A,
7
Subject: Notice of Violation - NOV-200601996 Violation of 401 Conditions
Mr. Donald Hathaway
1627 Pilot Riley Road
Franklin County
Requested Responses:
Time line of project:
12/23/05 Submitted pre-construction application
01/12/06 Received approval for submitted application
03/04/06 Installed pipe and silt fence
03/18/06 Backfilled pipe and put in road fill
03/25/06 Brought in more dirt
03/27106 Began to put gravel on road
03/28 & 03/29/06 Continued to put gravel on road
04/07/06 Put matting in ditches, seeded and mulched
05/08/06 Submitted Certificate of Completion with photos
2. In order for the road to be level I had to put in fill dirt.
3. We are submitting a modified 401 Application
4. See attached plan and calculations
5. We are submitting a modified 401 Application
Sincerely,
Donald Hathaway
AUG 0 3 20 ?
06
OF l - WATER QUAt (T,
?+??+a'=s r src??PA?? `r? BRANCH
>r 27
??t
CC: US Army Corps of Engineers - Eric Alsmeyer
kt b i L11 k4 0 ? icit??.
Office Use Only: Form Version March 05
USACE Action ID No. DWQ No. Q C0 1 y 2
(lt any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
1. Check all of the approval(s) requested for this project:
? Section 404 Permit Q . Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
E&401 Water Quality Certification ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested:C C Ci cam. ????? cif ?'6 ??C,?
MW r
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 Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check a-
` ?
rD?EQ?
II. Applicant Information r ;r
JUL 7 2000
1. Owner/
Name:
Mailing
JENR - GLA ER iG;A_s t v
Telephone Number: glq-X Flo - /U dc)_ Fax Number:
E-mail Address:
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name:
Company Affiliation:
Mailing Address:
Telephone Number: Fax Number:
E-mail Address:
LE LIM
U
10
y
m+?
Page 5 of 12
BUG ® 2??6
M. 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 proj
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN):c2-[QB • Iq-7fo?f?. o?7Q?'?8' ????0 (Pasernen ??
4. Location /
County:i/G/11 /N Nearest Town: CQ
Subdivision name (include phase/lot number):
Directions to site (includA road numbaslandnLarks, etc.): i S
Site coordinates, if available (UTM or Lat/Long):
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.).
6. Property size (acres):
7. Nearest body of water (stream/river/sound/ocean/lake): IA--T :Jn Ma(! W L -,1 Ulee IL
8. River Basin: to,/ 1,C U? vim' _-Rr's ;n
(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/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application:
Page 6 of 12
10. Describe the overall project in detail, including the type of equipment to be used:
11. Explain the purpose of the proposed work:
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.
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification or the exclusion of this work from the current application.
s zoo
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 7 of 12
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
se arately list impacts due to both structure and floodin .
Wetland Impact
Site Number
(indicate on map)
Type of Impact Type of Wetland
(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
100-year
Floodplain
(yes/no) Distance to
Nearest
Stream
(linear feet) Area of
Impact
(acres)

Total Wetland Impact (acres)
3. List the total acreage (estimated) of all existing wetlands on the property:
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, 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. To calculate acreage, multiply length X width, then divide by 43,560.
Stream Impact
Number
indicate on ma
Stream Name
Type,of Impact Perennial or
Intermittent? Average
Stream Width
Before Impact Impact
Length
linear feet Area of
Impact
acres

Total Stream Impact (by length and acreage)
Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc.
Open Water Impact
Site Number
(indicate on map) Name of Waterbody
(if applicable)
Type of Impact Type of Waterbody
(lake, pond, estuary, sound, bay,
ocean, etc.) Area of
Impact
(acres)

Total Open Water Impact (acres)
Page 8 of 12
6. List t:
he cumulative impact to all Waters of the U.S. resulting from the project
Stream Impact (acres):
Wetland Impact (acres):
Open Water Impact (acres):
Total Impact to Waters of the U.S. (acres)
Total Stream Impact (linear feet):
7. Isolated Waters
Do any isolated waters exist on the property? ? Yes [*o
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
8. 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.): A I/Pr
Proposed use or purpose of pond (e.g., livesto watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Current land use in the vicinity of the pond:
Size of watershed draining to pond: 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.
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.
Page 9 of 12
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, 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 NCEEP 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:/lh2o.enr.state.nc.us/ncwetlands/strmgide.htrn .
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. ?i a
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet):'
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
Page 10 of 12
IX.
X.
Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state local) funds or the use of
public (federal/state) land? Yes ? No
2. 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 (919) 73:3-5083 to review current thresholds for environmental documentation.
Yes ? No V
3. 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 [g
Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
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.
1. Will the pro' t im act protecteriari buffers identified within 15A NCAC 2B .0233
(Meuse), SA NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 an eman Rules a Supply Buffer Requirements), or other (please
identify )? Yes M No ?
2. If "yes", 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 Multiplier Required
(square feet Mitigation
1 60c) 3 (2 for Catawba)
2 1.5 )
Total
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all propriate information as identified
within 15A NCAC 2B .0242 or .0244, or .0260.
Page 11 of 12
XI. Stormwater (required by DWQ)
Describe impervious acreage (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. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level.
XII. Sewage Disposal (required by DWQ)
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.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes k No ?
Is this an after-the-fact permit application? Yes M No ?
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ? No R
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
bt?2://h2o.enr.state.nc.us/ncwetlands. If no, please rovide a short narrative description:
XV. 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).

Applicant/Agent's Signa
(Agent's signature is valid only if
Date
letter from the applicant is provided.)
Page 12 of 12

QG
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
July 28, 2006
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Donald R. Hathaway
5621 Quail Covey Lane
Wendell, North Carolina 27591
Subject Property: Donald R. Hathaway
Modification of issued project
REQUEST FOR MORE INFORMATION
® RETURN OF APPLICATION PACKAGE
Dear Mr. Hathaway:
DWQ Project # 06-0007 V2
Franklin County
On July 27, 2006, the Division of Water Quality (DWQ) received your application dated July 24, 2006 for
the above referenced project. The DWQ has determined that your application was incomplete and/or
provided inaccurate information as discussed below. The DWQ will require additional information in
order to process your application to impact protected wetlands and/or streams on the subject property.
Therefore, unless we receive five copies of the additional information requested below, we will have to
move toward denial of your application as required by 15A NCAC 2H.0506 and will place this project on
hold as incomplete until we receive this additional information.. Please provide the following information
so that we may continue to review your project.
Additional Information Requested:
? Water Quality Certification, See I. Processing, Item 2.. Please state which Permit
(Nationwide, Regional or General) number you intend to use. You may want to contact the
U.S. Army Corps of Engineers (USACE) to determine which permit they will allow you to
use.
? DWQ requires the name of an individual shown as "Owner/Applicant" to set up the project.
? The PCN Application failed to contain the Applicant/Agent's Signature and Date. See last
page of application. (Agent's signature is valid only if an authorization letter from applicant is
provided).
? Water Body information not stated. See III Project Information, Item 7.
? Lack of permitting fee.. Please note that beginning January 1, 1999, the N.C. General
Assembly passed legislation requiring payment of a fee for all 401 applications. The fee for
applications is $200 for projects impacting less than an acre of wetland and less than 150
Nye Carolina
401 Oversight/Express Review Permitting Unit NturR!!y
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: http://h2o.enr.state.nc.us/ncwetlands
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
linear feet of streams. For projects impacting one or more acres of wetland or 150 or more
feet of streams, the fee is $475.
? Incorrect permitting fee. Please see above item. Your check # for $ is
herein enclosed.
® A request for a modification of an issued permit requires re-submission of five (5) application
sets and appropriate fee. We have herein returned your modification request.
? Application was missing pages or sections of information. See Other section below.
OTHER:
Please contact the DWQ within three weeks of the date of this letter to verify that you have received this
letter and that you remain interested in continuing to pursue permitting of your project and will be
providing the DWQ the requested information at a later date. Please contact this office in writing. If we
do not hear from you within three weeks, we will assume that you no longer want to pursue this project
and we will consider the project as withdrawn.
This letter only addresses the application review and does not authorize any impacts to wetlands, waters
or protected buffers. Please be aware that any impacts requested within your application are not
authorized (at this time) by the DWQ. Please call Mr. Ian McMillan or Ms. Cyndi Karoly at 919-733-
1786 if you have any questions regarding or would like to set up a meeting to discuss this matter.
Sincerely,
Cy di Karoly, Supervisor
401 Oversight/Express Review Permitting Unit
CBK/Ijd
Enclosures: PCN Application
cc: USACE Raleigh Regulatory Field Office
File Copy
Central Files
Filename: 060007V2DRHathaway(Franklin)_ModVer Sets_Fee
?Q? WATL- Michael F. Easley, Governor '9 Q William G. Ross Jr., Secretary
`O North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
0 Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
June 27h, 2006
CERTIFIED MAIL #7006 0100 0001 7833 2714
RETURN RECEIPT REQUESTED
Mr. Donald Hathaway
5621 Quail Covey Lane
Wendell, NC 27591
Dear Mr. Hathaway:
DE.N?? g'fOR'iAd1A???CN
0lA - ©0C)`7
Subject:NOTICE OF VIOLATION
NOV-200601996
Mr. Donald Hathaway
1627 Pilot Riley Road
Violation of 401 Conditions
Franklin County
On 6/15/2006, Mr. Michael Horan conducted and on-site inspection in response to a complaint at the
subject parcel located at 1627 Pilot-Riley Road in Franklin County.
Mr. Horan of the Division of Water Quality observed & noted that a 24"-28" concrete pipe has been placed
within approximately 50 linear feet of stream. Degradation of the stream channel (i.e. eroding of stream
banks as well as causing the stream to head cut) was observed just below the outlet end of the culvert. Mr.
Horan observed and noted additional impacts, including 20 linear feet of stream fill and 1000 square feet of
buffer impacts.
As a result of the site inspection and file review, the following violations, detailed below, are noted:
(1) 401 Water Quality Certification GC # 3404 Conditions 1, 7, and 11 (copy attached)
Item I. 401 WQC Condition Violations
You submitted a Pre-Construction Notification (PCN) on December 23`d, 2005. The impacts were
requested under U.S. Army Corps of Engineers Nationwide Permit(s) 14, and the corresponding General
Water Quality Certification (3404). DWQ issued an approval letter for the impacts of 30 linear feet of
stream and 3000 square feet of Riparian Buffers on January 12d', 2005. Mr. Horan observed and noted
impacts to 50 linear feet of stream fill and 4000 square feet of buffer impacts.
Requested Response
We encourage you to secure the services of a qualified consultant to assist you with your response in order
to achieve compliance. Your response should be sent to both the Division of Water Quality Raleigh
Regional Office atl628 Mail Service Center, Raleigh, NC 27699 and to the attention of Mr. Danny Smith
at the Wetlands and Stormwater Branch, NPS Assistance and Compliance Oversight Unit, 1617 Mail
Service Center, Raleigh, NC 27699-1617. Your response should address the following items:
Please submit the following documents for review and approval within 15 days of receiving
1. Please provide a timeline (with a brief description) from when construction began to the present date.
2. Provide an explanation of why you exceeded the amount of fill, for which you were authorized.
N e h,Caroli
Noatural!
N. C. Division of Water Quality 1628 Mail Service Center, Raleigh, NC 27699 Phone Number (919)-791-4200
Raleigh Regional Office
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Page 2
Donald Hathaway
1627 Pilot Riley Road
Franklin County
3. Stream Restoration Plan (pipe impacts) - Please explain how you plan to restore the pattern, profile
and dimension of the impacted stream channels to include the removal of the excess 20 linear feet of
pipe. The streambed must be restored to the original profile, the stream banks must be stabilized, and
any fill material must be removed from the riparian zone. Replanting of the riparian zone is required
and must be detailed in the plan. The plan must also include a time schedule.
4. Provide calculations that adequately demonstrate that the current pipe size will accommodate high
water or flood conditions for the entire watershed upstream of your crossing.
5. A Buffer Restoration plan for review and approval. This plan must be developed to ensure that at least
two native tree species are planted at a density sufficient to provide 320 trees/acre at maturity. This
density is usually achieved by planting approximately 436 trees/acre on a 10 ft. x 10 ft. grid or 681
trees/acre on a 8 ft. x 8 ft. grid. Please see the Guidelines for Riparian Buffer Restoration (January
2001) for assistance in developing your plan (available on the web at:
hU://h2o.enr.state.nc.us/wro/pdfibuffelL.pdf ). This plan must include the types of native woody
vegetation selected, methodology of planting, and a site map indicating the location of the replanting
efforts.
It is required that you contact the Raleigh Regional Office of the Division of Land Resources and the U.S.
Army Corps of Engineers. These contacts are necessary to ensure that your restoration efforts are in
compliance with the Sedimentation Pollution Control Act and Section 404 of the Clean Water Act which
are administered by those agencies respectively.
This Office may consider sending a recommendation for enforcement to the Director of the Division of
Water Quality regarding these issues and any future or continued violations that may be encountered. Your
above-mentioned response to this letter will be considered in this process. This office requires that the
violations, as detailed above, be abated immediately. These violations and any future violations are
subject to a civil penalty assessment of up to $25,000.00 per day for each violation. Should you have
any questions regarding these matters, please contact Michael Horan or myself at (919) 7914200.
Sincerely,
arles ak d?.
Surface Water Protection
Regional Supervisor
cc: Eric Alsmeyer-US Army Corps of Engineers, Raleigh Regulatory Office
Wetlands/ Stormwater Branch, 2321 Crabtree Blvd, Suite 250, Raleigh, NC 27604
Franklin County, Planning and Inspections, 215 East Nash Street, Louisburg, NC 27549
Franklin Soil and Water, 101 B. South Bickett Blvd, Louisburg, NC 27549
NPS Assistance & Compliance Oversight Unit - Danny Smith 1617 MSC, Raleigh, NC 27699-1617
Central Files
File Copy
?0F W ArRQ Michael F. Easley, Governor
William G. Ross Jr., Secretary
O ?9 North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
-? Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
June 27h, 2006
CERTIFIED MAIL #7006 0100 0001 7833 2714
RETURN RECEIPT REQUESTED
Mr. Donald Hathaway
5621 Quail Covey Lane
Wendell, NC 27591
Dear Mr. Hathaway:
QP= c?R adrm "I
JUL 1 0 2006
DENR - WATER QUAL"
WETLANDS AND STORMWATER BRANCH
Subject:NOTICE OF VIOLATION
NOV-200601996
Mr. Donald Hathaway
1627 Pilot Riley Road
Violation of 401 Conditions
Franklin County
On 6/15/2006, Mr. Michael Horan conducted and on-site inspection in response to a complaint at the
subject parcel located at 1627 Pilot-Riley Road in Franklin County.
Mr. Horan of the Division of Water Quality observed & noted that a 24"-28" concrete pipe has been placed
within approximately 50 linear feet of stream. Degradation of the stream channel (i.e. eroding of stream
banks as well as causing the stream to head cut) was observed just below the outlet end of the culvert. Mr.
Horan observed and noted additional impacts, including 20 linear feet of stream fill and 1000 square feet of
buffer impacts.
As a result of the site inspection and file review, the following violations, detailed below, are noted:
(1) 401 Water Quality Certification GC # 3404 Conditions 1, 7, and 11 (copy attached)
Item I. 401 WQC Condition Violations
You submitted a Pre-Construction Notification (PCN) on December 23`d, 2005. The impacts were
requested under U. S. Army Corps of Engineers Nationwide Permit(s) 14, and the corresponding General
Water Quality Certification (3404). DWQ issued an approval letter for the impacts of 30 linear feet of
stream and 3000 square feet of Riparian Buffers on January 12`h, 2005. Mr. Horan observed and noted
impacts to 50 linear feet of stream fill and 4000 square feet of buffer impacts.
Requested Response
We encourage you to secure the services of a qualified consultant to assist you with your response in order
to achieve compliance. Your response should be sent to both the Division of Water Quality Raleigh
Regional Office at1628 Mail Service Center, Raleigh, NC 27699 and to the attention of Mr. Danny Smith
at the Wetlands and Stormwater Branch, NPS Assistance and Compliance Oversight Unit, 1617 Mail
Service Center, Raleigh, NC 27699-1617. Your response should address the following items:
Please submit the following documents for review and approval within 15 days of receiving
1. Please provide a timeline (with a brief description) from when construction began to the present date.
2. Provide an explanation of why you exceeded the amount of fill, for which you were authorized.
Nose Carob
Ivaturall
N. C. Division of Water Quality 1628 Mail Service Center, Raleigh, NC 27699 Phone Number (919)-791-4200
Raleigh Regional Office
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Page 2
Donald Hathaway
1627 Pilot Riley Road
Franklin County
3. Stream Restoration Plan (pipe impacts) - Please explain how you plan to restore the pattern, profile
and dimension of the impacted stream channels to include the removal of the excess 20 linear feet of
pipe. The streambed must be restored to the original profile, the stream banks must be stabilized, and
any fill material must be removed from the riparian zone. Replanting of the riparian zone is required
and must be detailed in the plan. The plan must also include a time schedule.
4. Provide calculations that adequately demonstrate that the current pipe size will accommodate high
water or flood conditions for the entire watershed upstream of your crossing.
5. A Buffer Restoration plan for review and approval. This plan must be developed to ensure that at least
two native tree species are planted at a density sufficient to provide 320 trees/acre at maturity. This
density is usually achieved by planting approximately 436 trees/acre on a 10 ft. x 10 ft. grid or 681
trees/acre on a 8 ft. x 8 ft. grid. Please see the Guidelines for Riparian Buffer Restoration (January
2001) for assistance in developing your plan (available on the web at:
http //h2o enr state.nc.us/wrp/pdf/buffers.12df ). This plan must include the types of native woody
vegetation selected, methodology of planting, and a site map indicating the location of the replanting
efforts.
It is required that you contact the Raleigh Regional Office of the Division of Land Resources and the U.S.
Army Corps of Engineers. These contacts are necessary to ensure that your restoration efforts are in
compliance with the Sedimentation Pollution Control Act and Section 404 of the Clean Water Act which
are administered by those agencies respectively.
This Office may consider sending a recommendation for enforcement to the Director of the Division of
Water Quality regarding these issues and any future or continued violations that may be encountered. Your
above-mentioned response to this letter will be considered in this process. This office requires that the
violations, as detailed above, be abated immediately. These violations and any future violations are
subject to a civil penalty assessment of up to $25,000.00 per day for each violation. Should you have
any questions regarding these matters, please contact Michael Horan or myself at [phone].
r
Ze
elyles Wak d,?l'
Surface Water Protection
Regional Supervisor
cc: Eric Alsmeyer-US Army Corps of Engineers, Raleigh Regulatory Office
Wetlands/ Stormwater Branch, 2321 Crabtree Blvd, Suite 250, Raleigh, NC 27604
Franklin County, Planning and Inspections, 215 East Nash Street, Louisburg, NC 27549
Franklin Soil and Water, 101 B. South Bickett Blvd, Louisburg, NC 27549
NPS Assistance & Compliance Oversight Unit - Danny Smith 1617 MSC, Raleigh, NC 27699-1617
Central Files
File Copy
TF?
^pG
l V r
Y
Michael F. Easley, Governor
O _ O O 1 William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Y 2. Alan W. Klimek, P.E. Director
Division of Water Quality
July 28, 2006
DWQ Project # 06-0007 V2
Franklin County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Donald R. Hathaway
5621 Quail Covey Lane'
Wendell, North Carolina 27591 -?
Subject Property: Donald R. Hathaway
Modification of issued project \,? I
REQUEST FOR MORE INFORMATION
® RETURN OF APPLICATION PACKAGE
Dear Mr. Hathaway:
On July 27, 2006, the Division of Water Quality (DWQ) received your application dated July 24, 2006 for
the above referenced project. The DWQ has determined that your application was incomplete and/or
provided inaccurate information as discussed below. The DWQ will require additional information in
order to process your application to impact protected wetlands and/or streams on the subject property.
Therefore, unless we receive five copies of the additional information requested below, we will have to
move toward denial of your application as required by 15A NCAC 2H .0506 and will place this project on
hold as incomplete until we receive this additional information. Please provide the following information
so that we may continue to review your project.
Additional Information Requested:
? Water Quality Certification, See I. Processing, Item 2.. Please state which Permit
(Nationwide, Regional or General) number you intend to use. You may want to contact the
U.S. Army Corps of Engineers (USACE) to determine which permit they will allow you to
use.
? DWQ requires the name of an individual shown as "Owner/Applicant" to set up the project.
? The PCN Application failed to contain the Applicant/Agent's Signature and Date. See last
page of application. (Agent's signature is valid only if an authorization letter from applicant is
provided).
? Water Body information not stated. See III Project Information, Item 7.
? Lack of permitting fee. Please note that beginning January 1, 1999, the N.C. General
Assembly passed legislation requiring payment of a fee for all 401 applications. The fee for
applications is $200 for projects impacting less than an acre of wetland and less than 150
None Carolina
401 Oversight/Express Review Permitting Unit I , ?^ U U tllClT??I,
1650 Mail Service Center, Raleigh, North Carolina 27699-1650 Ali
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: httl2://h2o.enr.state.nc.us/ncwetlands A( r , _ ror
E F i.?ii`S :'aa?'il.% JTt;tt-fER ?P'??'dv t
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper Y9
linear feet of streams. For projects impacting one or more acres of wetland or 150 or more
feet of streams, the fee is $475.
? Incorrect permitting fee. Please see above item. Your check # for $ is
herein enclosed.
® A request for a modification of an issued permit requires re-submission of five (5) application
sets and appropriate fee. We have herein returned your modification request.
? Application was missing pages or sections of information. See Other section below.
OTHER:
Please contact the DWQ within three weeks of the date of this letter to verify that you have received this
letter and that you remain interested in continuing to pursue permitting of your project and will be
providing the DWQ the requested information at a later date. Please contact this office in writing. If we
do not hear from you within three weeks, we will assume that you no longer want to pursue this project
and we will consider the project as withdrawn.
This letter only addresses the application review and does not authorize any impacts to wetlands, waters
or protected buffers. Please be aware that any impacts requested within your application are not
authorized (at this time) by the DWQ. Please call Mr. Ian McMillan or Ms. Cyndi Karoly at 919-733-
1786 if you have any questions regarding or would like to set up a meeting to discuss this matter.
Sincerely,
Cy di Karoly, Supervisor
401 Oversight/Express Review Permitting Unit
CBK/ jd
Enclosures: PCN Application
cc: USACE Raleigh Regulatory Field Office
File Copy
Central Files
Filename: 060007V2DRHathaway(Fra nklin)_Mod V er_Sets_Fee
Donald R. Hathaway
5621 Quail Covey Lane
Wendell, NC 27591
July 24, 2006
Division of Water Quality
401 Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
Subject: Notice of Violation - NOV-200601996 Violation of 401 Conditions
Mr. Donald Hathaway
1627 Pilot Riley Road
Franklin County
Requested Responses:
Time line of project:
12/23/05 Submitted pre-construction application
01/12/06 Received approval for submitted application
03/04/06 Installed pipe and silt fence
03/18/06 Backfilled pipe and put in road fill
03/25/06 Brought in more dirt
03/27/06 Began to put gravel on road
03/28 & 03/29/06 Continued to put gravel on road
04/07/06 Put matting in ditches, seeded and mulched
05/08/06 Submitted Certificate of Completion with photos
2. In order for the road to be level 1 had to put in fill dirt.
3. We are submitting a modified 401 Application
4. See attached plan and calculations
5. We are submitting a modified 401 Application
Sincerely, _
1042
Donald Hathaway
? P
'Yf r ?
N
CC: US Army Corps of Engineers - Eric Alsmeyer
kkLL\?\CL P D?l
Office Use Only: Form Version March 05
USACE Action ID No. DWQ No. 000(0 - ® 00 -
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing

,-
1. Check all of the approval(s) requested for this project:
? Section 404 Permit Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
[,],401 Water Quality Certification ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: MFY1F t: Cicn,?-? ew, ?rf ?? c?? ?5
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 Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check D F. a I UW
II. Applicant Information
JUL 2 7 2006.
1. Owner/ p icant Info a ' on 0.4b6, UJOq
C1ENR-WATER QUALITY
Name: CYY)
Mailing Address: o) t U Love, RANCH
T25 1
- '9 /q a? (P (o- -74- 5 7
Telephone Number:9/q- 70 o2. Fax Number:
E-mail Address:
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name:
Company Affilia:
Mailing Address:
Telephone Number:
E-mail Address:
Fax Number:
1-77
Page 5 of 12 AUG 0 4 'Z006
W?1?L A=?F'};:; r'v.? 'tt'•.?ziiv.5?: eft d?,?iGH
M. 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: ?O h Q%.\ GL "0\ G LA *Psi01 w*- 0-1 i Y\"
2. T.I.P. Project Number or State Project Number (NCDOT Only): R IA,
3. Property Identification Number (Tax PIN):4-10B, P-1040, ZZOO -18' 4L/&& 6UStn&4)
4. Location
County: ?,?G/Yl a N/ Nearest Town: Q CQ
Subdivision name (include phase/lot number):_ jU A
Directions to site (includ,q r* numb=,,landrgaarks, etc.): i i S
5. Site coordinates, if available (UTM or Lat/Long):
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Property size (acres):
7. Nearest body of water (stream/river/sound/ocean/lake): (477? /?O C 00St d (If e
8. River Basin:
(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/mgps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application:
Page 6 of 12
10. Describe the overall project in detail, including the type of equipment to be used:
11. Explain the purpose of the proposed
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.
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification f9 the exclusion of this work from the current application.
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 7 of 12
2. Individually list wetland impacts. Types of 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.
Wetland Impact
Site Number
(indicate on map)
Type of Impact Type of Wetland
(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
100-year
Floodplain
(yes/no) Distance to
Nearest
Stream
(linear feet) Area of
Impact
(acres)

Total Wetland Impact (acres)
3. List the total acreage (estimated) of all existing wetlands on the property:
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, 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. To calculate acreage, multiply length X width, then divide by 43,560.
Stream Impact
Number
indicate on ma
Stream Name
Type,.of Impact Perennial or
Intermittent? Average
Stream Width
Before Impact Impact
Length
linear feet Area of
Impact
acres
T c> ?J c) O

Total Stream Impact (by length and acreage)
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc.
Open Water Impact
Site Number
(indicate on map Name of Waterbody
(if applicable)
Type of Impact Type of Waterbody
(lake, pond, estuary, sound, bay,
ocean, etc.) Area of
Impact
(acres)

Total Open Water Impact (acres)
Page 8 of 12
6. List t
he cumulative impact to all Waters of the U.S. resulting from the project:
Stream Impact (acres):
Wetland Impact (acres):
Open Water Impact (acres):
Total Impact to Waters of the U.S. (acres)
Total Stream Impact (linear feet): 20
7. Isolated Waters
Do any isolated waters exist on the property? ? Yes
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
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.):
Proposed use or purpose of pond (e.g., livesto watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Current land use in the vicinity of the pond:
Size of watershed draining to pond: 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.
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.
Page 9 of 12
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, 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 NCEEP 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
bttp:/lh2o.enr.state.nc.us/ncwetlands/strmgide.html.
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. ! a
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at h=://h2o.enr.state.nc.us/M/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
Page 10 of 12
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state local) funds or the use of
public (federal/state) land? Yes ? No
2. 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 V
3. 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 L9'
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
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.
1. Will the pro' t im act protected ri ariar-buffers identified within 15A NCAC 2B .0233
(Meuse), SA NCAC 2B .0259 (Tar-Pamlico , 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 an eman Rules a Supply Buffer Requirements), or other (please
identify )? Yes [ No ?
2. If "yes", 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.
Impact Required
Zone* r -, Multiplier
1 0 3 (2 for Catawba)
2 Q Q 1.5 'VAJ
Total Qa?
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all ropriate information as identified
within 15A NCAC 2B .0242 or .0244, or .0260. ?-
Page 11 of 12
XI. Stormwater (required by DWQ)
Describe impervious acreage (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. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level.
XII. Sewage Disposal (required by DWQ)
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.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes 6a- No ?
Is this an after-the-fact permit application? Yes ? No F-1
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ? No R
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
bt?2://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description:
vj. ( e
XV. 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).
Applicant/Agent's Signa
(Agent's signature is valid only if
letter from the applicant is provided.)
Page 12 of 12
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
August 15, 2006
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Mr. Donald Hathaway
5621 Quail Covey Lane
Wendell, NC 27591
DWQ Project # 06-0007, Ver. 2
Franklin County
Subject Property: Donald Hathaway
Ut to Moccasin Creek [030407, 27-86-2, C, NSW]
REQUEST FOR MORE INFORMATION
Dear Mr. Hathaway:
On August 3, 2006, the Division of Water Quality (DWQ) received your application dated
December 23, 2005, to impact 30 linear feet of stream to construct a driveway to access property.
The DWQ has determined that your application was incomplete and/or provided inaccurate
information as discussed below. The DWQ will require additional information in order to
process your application to impact protected wetlands and/or streams on the subject property.
Therefore, unless we receive the additional information requested below, we will have to move
toward denial of your application as required by 15A NCAC 2H .0506 and will place this project
on hold as incomplete until we receive this additional information. Please provide the
following information so that we may continue to review your project.
Additional Information Requested:
1.. Please indicate all buffer impacts on the site plan.
2. Please indicate location of protected buffers as overlays on the site plan.
Please respond within three weeks of the date of this letter by sending this information to me in
writing and Mike Horan of the DWQ Raleigh Regional Office. If we do not hear from you
within three weeks, we will assume that you no longer want to pursue this project and we will
consider the project as withdrawn.
This letter only addresses the application review and does not authorize any impacts to wetlands,
waters or protected buffers. Please be aware that any impacts requested within your application
are not authorized (at this time) by the DWQ. Please call Ms. Cyndi Karoly or Mr. Ian
McMillan at 919-733-1786 if you have any questions regarding or would like to set up a meeting
to discuss this matter.
Nom` Carona
dllCll?lt,?
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: hnv://h2o.enr.state.nc.us/ncwetlands
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/ 10% Post Consumer Paper
Mr. Donald Hathaway
Page 2 of 2
August 15, 2006
Sincerely,
Cyndi Karoly, Superviso
401 Oversight/Express Review Permitting Unit
CBK/ijm
cc: Mike Horan, DWQ Raleigh Regional Office
USACE Raleigh Regulatory Field Office
File Copy
Central Files
Filename: 060007Ver2DonaldHathaway(Franklin)On_Hold
DWQ# 06 . 0_(_J0 /A Date - 0 .0b
Plan Detall7ncompiete _
? Please provide a location map for the project.
Z
Who Reviewed: QAtol 0, 0- 04?
Please show all stream impacts including all fill slopes, dissipaters, and bank stabilization on the site plan.
?. Please show all wetland impacts including fill slopes on the site plan. R
n u
Please indicate all buffer impacts on the site plan. ••?.?? i.
? Please indicate proposed lot layout as overlays on the site plan. stC?
Please indicate the location of the protected buffers as overlays on the site plan . ?!1 x 1 ?? ? S
? Please locate all isolated or non-isolated wetlands, streams and other waters of the State as overlays on the site plan.
Please provide cross section details showing the provisions for aquatic life passage.
? Please locate any planned-sewer lines on the site plan.

? Please provide the location of any proposed stormwater management practices as required by GC E> Vf +?"re
-T kk NO
? Please provide detail for the stormwater management practices as required by QC S}}1
Please specify the percent of project imperviousness area based on the estimated built-out conditions.
? Please indicate all stormwat eoutfalls on the site P, 14. r, Lfkc
? Please indicate the diffuse flow provision measures on the site plan.
Please indicate whether or not the proposed impacts already been conducted
Avoidance•andfor Minimization Not Provided
? The labeled as on the plans does not appear to be necessary. Please eliminate the.. or provide additional
infbin on as to why it is necessary for this project. .
0 This Office believes that the - labeled on the plans as can be moved, or reconfigured to avoid the impacts to the
Please revise the plans to avoid the impacts.
?. This'Office believes that the -labeled on the plans as can be moved or reconfigured to minimize the impacts to'the
Please revise the plans to minimize the impacts.
? The stormwatear discharges at the location on the plans labeled will not provide diflpse flow through the buffer because
Please revise the plans and provide calculations to show that diffuse flow will be achieved through the entirebuffer. If it
is not possible to achieve diffuse flow through the entire buffer then it may be necessary to provide stormwater management
practices that remove nutrients before the stormwater can be discharged through the buffer.
Other CL
? . The application fee was insuffieient•because over 150 feet of stream and/or.over 1 acre o;wedand'impacts were requested Please
Provide S . This additional fee must be received before your application can be reviewed.
Please complete Section(s) on the application.
? Please provide a signed copy of the application.'
? Please provide copies of the application, . copies of the site plans and other supporting informations
? Please submit electronic CAD files showing ...via, email to [e-mail] and CDs
Mitigation
? of compensatory mitigation is required for this project.' Please provide-a compensatory mitigation plan.. The
plan must conform to the requirements in 15 A NCAC 2H'.0500 and must be appropriate to the type-of impacts proposed.
? Please indicate which 404 Permit the USACE would use to authorize this project.
N/F
BLANCHARD K. AND DAN GAY
OLD biAP ~ H12A00038
N
N/F GERALD T. LEWIS do EWNE P.
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1 .1.

BY DATE: JULY 25, 2006 REVISION DATE
SCALE
DONALD HATHAINAY DWO PROJECT 1" =150'
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REVISION DATE BY DATE: JULY 25, 2006
V D(v- p001 SCALE DWO PROJECT ~
DONALD HATHAWAY
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- Y h<' to o0O 1 2 SCALE
DONALD HATHAWAY 1
DWO PROJECT 1 =150
1
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1 .411 SHEET NO. OF