HomeMy WebLinkAbout20060458 Ver 1_COMPLETE FILE_20060321O?O? W AT f; p
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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
March 28, 2006
DWQ Project # 06-0458
Wilson County
Mr. Mark Isbell
P.O. Box 114
Elm City, NC 27822
Subject Property:
Isbell Residence
Ut to Toisnot Swamp [030407, 27-86-11-(1), WSIII, NSW]
Approval of 401 Water Quality Certification and Authorization Certificate per the Neuse River
Buffer Protection Rules (15A NCAC 2B .0233) with Additional Conditions
Dear Mr. Isbell:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 40 linear feet of perennial stream and 4,000 square feet (ft) of Neuse River
basin protected riparian buffers (2,400 ft2 Zone 1, and 1,600 ft2 Zone 2) for the purpose of constructing a
driveway crossing for a private residence at the subject property, as described within your application
dated February 25, 2006, and received by the N.C. Division of Water Quality (DWQ) on March 21, 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)
NW14 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 2B .0233.
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.
The Additional Conditions of the Certification are:
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 Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: 919-733-1786 / FAX 919-733-6893 / Internet: http://h2o.enr.state.nc.us/newetiands
o Caro 'na
?tura?y
Mr. Mark Isbell
Page 2 of i 9
March 28, 2006
Amount Approved (Units) Plan Location or Reference
Stream 40 linear feet perennial PCN page 8 of 12
Buffers 4,000 (square ft.) - 2,400 ft Zone 1, and 1,600 ft Zone 2) PCN page 11 of 12
2. No Waste, Spoil, Solids, or Fill of Any Kind
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 Pre-Construction Notification. 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.
3. 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.
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 infringe within the
buffer, wetland or water prior to any land disturbing activities to ensure compliance with 15A NCAC
2B.0233 and GC 3404;
6. 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 213 .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.
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
Mr. Mark Isbell
Page 3 of 5
March 28, 2006
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
disequilibrium 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 riprap 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. 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;
9. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
certificate of completion to the 401 Oversight/Express Review Permitting Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
Mr. Mark Isbell
Page 4 of 5
March 28, 2006
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.
Any disputes over determinations regarding this Authorization Certificate (associated with the approved
buffer impacts) shall be referred in writing to the Director for a decision. The Director's decision is
subject to review as provided in Articles 3 and 4 of G.S. 150B.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act and the Neuse riparian buffer protection rule as described within 15A NCAC 2B .0233. If you have
any questions, please telephone Cyndi Karoly or Ian McMillan at 919-733-1786.
AWK/Um
Enclosures: GC 3404
Certificate of Completion
cc: Eric Kulz, DWQ Raleigh Regional Office
USACE Raleigh Regulatory Field Office
File Copy
Central Files
Sincerely,
J
rla-t
Alan W. Klimek, P.E.
Filename: 0604581sbellResidence(W ilson)401 _NBR
} 2006045
U
I am writing to request 401 Water Quality Certification and Neuse River Riparian
Buffer Rule permission for impacts to the Isbell property on Lake Wilson Road in Wilson
County, North Carolina. The proposed project of a driveway crossing is for a private
driveway entrance. The crossing impacts would be 40 feet in length for which a US
Army Corp of Engineers permit #14 has already been issued by Kevin Yates of the
Raleigh Office (a copy is included). The property on which the proposed crossing would
occur is an approximately 4.8 acre tract, split into 2 tax parcels. The property consists of
all agricultural field on which I would like to build a house, a shop, and a driveway to
them. The stream is located across the northern portion of the property where the
property would be accessed from Lake Wilson Road making the crossing unavoidable.
The channel in which the driveway would cross is approximately 15 feet wide and
6 feet deep at top of bank. I would hire someone to bring in a backhoe to excavate the
bottom of the channel and place approximately 36 feet of 5-foot diameter culvert within
the channel. Twenty percent (1 foot) of the culvert would be buried beneath the surface
of the stream in order to not obstruct the natural stream flow. Approximately 4 feet of
riprap would also be placed at the downstream end of the culvert to dissipate the water
velocity as it exits the culvert. The remaining area on top of the culvert would be filled
for the driveway.
The current stream being ditched through an agricultural field has very few trees
as an existing buffer that would be impacted. I would also be planting additional trees on
the property. Impacts were minimized by changing the initial USACE permit request for
two separate crossings into only one crossing, which would be made perpendicular to the
stream channel in order to lessen impacts. If you need any additional information please
contact me at (252)246-9800.
L
r
\` A
Q?c?c?odr??
MAR 2 1 2006
Office Use Only: DENR - WATER March 05
yy?p?S ANU!TOt N? r n
USACE Action ID No. DWQ No.
(it 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: ye(SA A . CAAC. A
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 here: ?
II. Applicant Information
Owner/Applicant Information
Name: PharK
Mailing Address: O . 11L4
Telephone Number: Z$- 2q? z - ckq00 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 ffilial
Mailing Address:
Telephone Number:
E-mail Address:
Fax Number:
Page 5 of 12
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: !wAm a
2. T.I.P. Project Number or State Project Number (NCDOT Only): n A
(I7 Property Identification Number (Tax PIN): 1 JLJ- (,,%LJ6.003
4.) Location
County: %\Sor\ Nearest Town: W Aso +^
Subdivision name (include phase/lot number): ,)a
Directions to site (include road numbers/names, landmarks, etc.):
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 77-- l J(,,3 °W
6. Property size (acres): I. b c&-
8.
7. Name of nearest receiving body of water: 'Ini S no sw f? 1 ?R,l?° `1?J ' C ?"`?S?' >>"?t???
River Basin:
Qv.?::_?y?( .--
(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/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the
at th? time of this application: SPIe U cw. pro ae f1-?a ?, ,.,? e
The
S
Page 6 of 12
10. Describe the overall project in detail, including the type of equipment to be used:'Sp-G
11. Explain the purpose of the proposed work: C i'ha( a DUNG,4, [,C511 enLt
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. n /A
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. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should 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
1. Provide a written description of the proposed impacts: t? ?c??c??•? ?2 SAC c ca.??..&Vwv\
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,
sensrntely 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)
n1A
Total Wetland Impact (acres)
3. List the total acreage (estimated) of all existing wetlands on the property: n L11
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 V
Type of Impact
Perennial Intermittent?
? Average
Stream Width
Before Impact Impact
Length
linear feet Area of
Impact
(acres)
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 ma) 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 project:
Stream Impact (acres): o 1 y
Wetland Impact (acres): U
Open Water Impact (acres): 0
Total Impact to Waters of the U.S. (acres) p .0114
Total Stream Impact (linear feet): r-lO
7. Isolated Waters
Do any isolated waters exist on the property? ? Yes V] No
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 nIc.
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., livestock 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. lix,e_ ?cc`??:o? o? •g},?? r,`.?
Cl ,? `{? be1? ?nx1e{1, t A f? ?.?inh ,c N Ae A-a nr 055 56tc ?'df ci n? l?
VIII. Mitigation ?i
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
hltp://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.
n 1l
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
4c, Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
(919) 715-0476 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/wM/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 (919) 733-5083 to review current thresholds for environmental documentation.
Yes ? No (?
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 ?
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 project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes P< 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__.X Multiplier
3 (2 for Catawba)
1.5
Total ' Opp 1 1% I a-,
* 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 appropriate 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 pro osed im ervious level. CA m. k? ht, ct?i'oy ?tiv S ,% rfmcA "?c t-
b n 41 -Z 0 f1CW ? e 't'V. LSD 7 °? rh cx?e <urA S s.C,t ua,?. tin &U J%e a, oc wQk WK4e ),(_S
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.
MR. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No E
Is this an after-the-fact permit application? Yes ? No M
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 9
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
http://h2o.enr.state.nc.us/ncwetlands. If no, please provide 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 Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 12 of 12
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v I I
Determination of Jurisdiction:
? Based on preliminary information, there appear to be waters of the US including wetlands within the above described project area.
This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process
(Reference 33 CFR Part 331).
? There are Navigable Waters of the United States within the above described project area subject to the permit requirements of
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
® There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of Section
404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
? The jurisdictional areas within the above described project area have been identified under a previous action. Please reference the
jurisdictional determination issued on (Action ID: ).
Basis of Jurisdictional Determination: This waterbody exhibits an ordinary high water mark as indicated by changes in soil
character and absence of terrestrial vegetation and is hydrologically connected to the Toisnot Swamp, adjacent to the Neuse
River adjacent to Pamlico Sound.
Corps Regulatory Official Date: 04/06/2005 Determination Expiration Date: 04/06/2010
Summary Authorized Impacts and Required Nfitiuation
Action ID NWP / GP Open Water (ac) Wetland (ac) Unimportant Steam (If) Important Stream (If)
# # Temporary Permanent Temporary Permanent Temporary Permanent Temporary Permanent
200520710 14 40
Impact Totals 0 0 0 0 0 0 0 40
Total Loss of Waters of the U.S. (ac) 0 Total Loss of Waters of the U.S. (if) 40
Required Wetland Mitigation (ac) 0 Required Stream Mitigation (If) 0
Additional Remarks and/or Special Permit Conditions:
Page 2 of 2
Applicant: Mark Isbell File Number: 200520710 Date: 04/06/2005
At tached is: See Section below
F- INITIAL PROFFERED PERMIT (Standard Permit or Letter of A
permission)
E F-
[ PROFFERED PERMIT (Standard Permit or Letter of permission) B
PERMIT DENIAL C
APPROVED JURISDICTIONAL DETERMINATION D
PRELIMINARY JURISDICTIONAL DETERMINATION E
SECTION I - hlie following identifies vour riLhts and options Ie ardMI an achmmstrative appeal of the above
decisloll. Additional I11tormatlon may be lOUnd at htl?:??WVb??'.USaCe:aI'171V.Illll!Ll7eCtLII1CtlU11S C?3'i000??'(? rem or
Coips i'egulaiions at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the
permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your
objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal
the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the
permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit
having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer
will send you a proffered permit for your reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you
may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form
and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of
this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer
within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or
provide new information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of
this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by
the division engineer within 60 days of the date of this notice.
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps
regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved
JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new
information for further consideration by the Corps to reevaluate the JD.
SECTION 11-REQUEST FOR APPEAL or OBJECTIONS TO AN_INI l'IA1. PROFFERED PER1lIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your
objections to an initial proffered permit in clear concise statements. You may attach additional information to
this form to clarify where your reasons or objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps
memorandum for the record of the appeal conference or meeting, and any supplemental information that the
review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps
may add new information or analyses to the record. However, you may provide additional information to clarify
the location of information that is already in the administrative record.
POIIyT O `CONT CI`:FQR ° ° (JESTIONS OR`INFORIYIATION:
_
If you have questions regarding this decision If you only have questions regarding the appeal process you
and/or the appeal process you may contact: may also contact:
Kevin Yates Mr. Arthur Middleton, Administrative Appeal Review
Raleigh Regulatory Field Office Officer
US Army Corps of Engineers CESAD-ET-CO-R
6508 Falls of the Neuse Road, Suite 120 U.S. Army Corps of Engineers, South Atlantic Division
Raleigh, North Carolina 27615 60 Forsyth Street, Room 9M15
Atlanta, Georgia 30303-8801
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any
government consultants, to conduct investigations of the project site during the course of the appeal process. You
will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site
investigations.
Date: Telephone number:
Signature of appellant or agent.
DIVISION ENGINEER:
Commander
U.S. Army Engineer Division, South Atlantic
60 Forsyth Street, Room 9M15
Atlanta, Georgia 30303-3490
WILMINGTON DISTRICT
POST-CONSTRUCTION COMPLIANCE FORM
Action ID Number: 200520710 County: Wilson
Permittee: Mark Isbell
Date Permit Issued: 04/06/2005
Project Manager: Kevin Yates
Upon completion of the activity authorized by this permit and any mitigation required by the permit,
sign this certification and return it to the following address:
US Army Corps Of Engineers
Wilmington District
Raleigh Regulatory Field Office
6508 Falls Of The Neuse Road
Suite 120
Raleigh, North Carolina 27615
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. If you fail to comply with this permit you are subject to permit suspension,
modification, or revocation.
I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and condition of the said permit, and required mitigation was completed in
accordance with the permit conditions.
Signature of Permittee
Date
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Tank Ralph L Fike /39
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( 236 • CJ CJiL 8AA/, _ 23O 0 INTER IOR-GEOLO ICAL SURVEY, RESTON, VIRGINIA-1977 /
V ,.;E7(',PS 1;.. 239ooo-E 77°
ROAD CLASSIFICATION
1 MILE V? Primary highway, Light-duty road, hard or
10 6000 7000 FEET hard surface. ............ ....... improved surface........
KILOMETER 2 1 2006 Secondary highway,
hard surface_ ..._._....... Unimproved road........----
1929 t1L,i,'d(isAI?,SP? Interstate Route U. S. Route State Route
N»ar4Afc
N. C. ¦ ,?
WINSTEAD CROSSROADS,N.C
QUADRANGLE LOCATION SW/4 ROCKY MOUNT 15' QUADRANGLE
,Y STANDARDS N3545-W7752.5/7.5
'IRGINIA 22092
MAILABLE ON REQUEST 1977
a
kRTMENT OF AGRICULTURE
SERVICE
SOIL LEGEND
The first letter of the map symbol, always a capital, is the initial
letter of the soil name. The second letter is a small letter. The
third letter, if used, is a capital letter and connotes slope class.
Symbols without a slope letter are for level soils or miscellaneous
areas. A final number 2 in the symbol shows the soil is eroded.
NAME SYMBOL
AaA Altavista fine sandy loam, 0 to 2 percent slopes
AyA Aycock very fine sandy loam, 0 to 1 percent slopes
Aye Aycock very fine sandy loam, 1 to 4 percent slopes
Bb Bibb loam
Co Coxville sandy loam .
DpA Duplin sandy loam, 0 to 2 percent slopes
ExA Exum very fine sandy loam, 0 to 2 percent slopes
FuB Fuquay loamy sand, 0 to 6 percent slopes
GoA Goldsboro sandy loam, 0 to 2 percent slopes
GpA Goldsboro-Urban land complex, 0 to 2 percent slopes
Gr Grantham very fine sandy loam '
G162 Gritney sandy loam, 2 to 5 percent slopes, eroded
GtC2 Gritney sandy loam, 5 to 12 percent slopes, eroded
Gu Gritney-Urban land complex, 2 to 12 percent slopes
MaA Marlboro loamy sand, 0 to 2 percent slopes
Mae Marlboro loamy sand, 2 to 5 percent slopes
NaB2 Nankin sandy loam, 2 to 8 percent slopes, eroded
NnB Mason silt loam, 2 to 6 percent slopes
NnC Mason silt loam, 6 to 12 percent slopes
NoA Norfolk loamy sand, 0 to 2 percent slopes
NoB Norfolk loamy sand, 2 to 6 percent slopes
NuB Norfolk-Urban land complex, 0 to .6 percent slopes
Qu Pits, quarries
Re
Rb
Ro
Sa
StA
TaB
TmB
To
Tt
Ud
Ur
VaA
VaB
WaB
Wee
WeC
Wh
Wk
Rains sandy loam
Rains-Urban land complex
Roanoke loam
Stallings fine sandy loam
State loamy sand, 0 to 3 percent slopes
Tarboro sand, 0 to 5 percent slopes
Tatum loam, 2 to 6 percent slopes
Toisnot loam
Tomotley fine sandy loam
Udorthents, loamy
Urban land
Varina loamy sand, 0 to 2 percent slopes
Varina loamy sand, 2 to 6 percent slopes
Wagram loamy sand, 0 to 6 percent slopes
Wedowee coarse sandy loam, 2 to 6 percent slopes
Wedowee coarse sandy loam, 6 to 10 percent slopes
Wehadkee and Chewacla loams
Wilbanks silt loam
WILSON COUNTY, NO
C
BOON
Nat
Coy
Min
Res
s
a
Lan
Lim
Fiel
AD HC
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c
STATE
LAN D
(sec
ROAD.
Divi
if
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Tra i
ROAD
I ntei
Fed(
State
Co w
RAILR
POWEF
(nor
PIPE LI
(non
FENCE
(non
LEVEE
With
With
With
DAMS
Largo
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PITS
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Approximate Site Plan 12 @ M 0%q R
Isbell's Residences L! L5
Wislon County, North Carolina ?,4AI 2 1 2006
DENR - WATER QUA..., ; ,
WETLANDS AND STOFtA#WATER (FL kw .rf
S
t
-
206044 401' ISSUED
I am writing to request 401 Water Quality Certification and Neuse River Riparian
Buffer Rule permission for impacts to the Isbell property on Lake Wilson Road in Wilson
County, North Carolina. The proposed project of a driveway crossing is for a private
driveway entrance. The crossing impacts would be 40 feet in length for which a US
Army Corp of Engineers permit # 14 has already been issued by Kevin Yates of the
Raleigh Office (a copy is included). The property on which the proposed crossing would
occur is an approximately 4.8 acre tract, split into 2 tax parcels. The property consists of
all agricultural field on which I would like to build a house, a shop, and a driveway to
them. The stream is located across the northern portion of the property where the
property would be accessed from Lake Wilson Road making the crossing unavoidable.
The channel in which the driveway would cross is approximately 15 feet wide and
6 feet deep at top of bank. I would hire someone to bring in a backhoe to excavate the
bottom of the channel and place approximately 36 feet of 5-foot diameter culvert within
the channel. Twenty percent (1 foot) of the culvert would be buried beneath the surface
of the stream in order to not obstruct the natural stream flow. Approximately 4 feet of
riprap would also be placed at the downstream end of the culvert to dissipate the water
velocity as it exits the culvert. The remaining area on top of the culvert would be filled
for the driveway.
The current stream being ditched through an agricultural field has very few trees
as an existing buffer that would be impacted. I would also be planting additional trees on
the property. Impacts were minimized by changing the initial USACE permit request for
two separate crossings into only one crossing, which would be made perpendicular to the
stream channel in order to lessen impacts. If you need any additional information please
contact me at (252)246-9800.
r
0
o?
o? ?? A0
? 2 1 2006
WMA" AND o
Office Use Only: ,, Form veAsior March 05
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
1. Check all of the approval(s) requested for this project:
? Section 404 Permit ® Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
401 Water Quality Certification ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: _q grc e 4
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 here: ?
II. Applicant Information
1. Owner/.
Name: f a11?
Mailing Address:
Information
Sad t \\
Telephone Number: 253 024(4 - ckloO 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: R I ck
Company Affiliation:
Mailing Address:
Telephone Number: Fax Number:
E-mail Address:
Page 5 of 12
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: --sk-A ? P S;i A en Ck
2. T.I.P. Project Number or State Project Number (NCDOT Only): n 1 ok
Property Identification Number (Tax PIN): "3.1 ";y 43-415
4.1 Location 1
County: Nearest Town: ?t `So
Subdivision name (include phase/lot number): n A
Directions to site (include road numbers/names, landmarks, etc.):
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): -_-W. l R1 119 °N ° 'f 7. '01 t ?v 3 °W
6. Property size (acres): 1. b aC-
SLJ
7. Name of nearest receiving body of water:
8. River Basin:_ (Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at hqp://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 th time of this application: r`s e41 ?,r J P e J cW. Aropg fhn 4,J !jr, g ,A S
Page 6 of 12
10. Describe the overall project in detail, including the type of equipment to be used: 5P-G
-L7?.?C r P C? ? er
11. Explain the purpose of the proposed work: CY-oSS`i r!s -t " C, Df?%. V e- c, en (st -I I
k1 yat- )D?:N- On ILI 16 \4 .
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. n (A _
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.
1'? Inc e?c?t?l - -
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. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: ? kv USA« cas??..e?Stio?
. ..
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,
senarately list imnacts 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)
A /A
Total Wetland Impact (acres)
3. List the total acreage (estimated) of all existing wetlands on the property: a
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
CAa(k A' t fCYkK? !!Z O 0. al Li
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 ma) Name of Waterbody
(if applicable) v
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 project:
Stream Impact (acres): 0 n 1 y
Wetland Impact (acres):
Open Water Impact (acres): C7
Total Impact to Waters of the U.S. (acres) p . a 1 N
Total Stream Impact (linear feet): Wt)
7. Isolated Waters
Do any isolated waters exist on the property? ? Yes No
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 n1c,
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., livestock 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. N t 6 \ u? 5*y? r•
TCf Ci n?1? !?c
e1v At. An-A*wA., n r?C.G?i na 1C NPOA1 A ` '_C? rarCQSS S l Vt
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 equatto 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
h!Ltp://h2o.enr.state.nc.us/ncwetlands/strmizide.html.
Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
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
(919) 715-0476 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. 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) 733-5083 to review current thresholds for environmental documentation.
Yes ? No N
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 ?
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 project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes P< No El
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* I Impact
2 U(3c
Total O0C
* Zone 1 extends out 30 feet perpendict
additional 20 feet from the edge of Zone 1.
Multiplier
3 (2 for Catawba)
1.5
the top of the near bank of
Required
Zone 2 extends an
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 appropriate information as identified
within 15A NCAC 2B .0242 or .0244, or .0260. Via.
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. C: rft g rnt? kg!nMr\J tny S S,,,r to 2yu bi-s
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 ? No a
Is this an after-the-fact permit application? Yes ? No U
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 54
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
http://h2o.enr.state.nc.us/ncwetlands. If no, please provide 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).
S ??
Applicant/Agent's Signature ` Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 12 of 12
4
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID: 200520710 County: Wilson
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property.Owner: Mark Isbell
Mailing Address: P.O. Box 114
Elm City, North Carolina 27822
Authorized Agent:
Mailing Address:
Telephone No.: (252) 246-9800
Telephone No.:
Location of property (road name/number, town, etc.): The proposed project is located at 4721 Lake Wilson Road, in
Wilson, Wilson County, North Carolina
Site Coordinates: 35.7896 °N -77.9163 °W USGS Quad: Wilson
Waterway: Toisnot Swamp River Basin: Neuse
HUC: 03020201
Description of projects area and activity (see page 2 for a summary of authorized impacts): This permit authorizes the
installation of a culvert to facilitate a road crossing into waters of the United States.
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 will remain valid until the expiration date identified below unless the nationwide authorization is modified,
suspended or revoked. 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 requirements of
the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the
activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are
under construction) or are under contract to commence in reliance, upon the nationwide permit, will remain authorized provided the
activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless
discretionary authority has been exercised on a case-by-case basis to modify, suspend or revoke the authorization.
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 (919) 733-1786) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA),
prior to beginning work you must contact the N.C. Division of Coastal Management.
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 Kevin Yates at telephone (919) 876-8441, ext 30.
Corps Regulatory Official Date: 04/06/2005 Verification Expiration Date: 03/18/2007
Copy Furnished:
Page 1 of 2
Determination of Jurisdiction:
? Based on preliminary information, there appear to be waters of the US including wetlands within the above described project area.
This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process
(Reference 33 CFR Part 331).
? There are Navigable Waters of the United States within the above described project area subject to the permit requirements of
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
® There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of Section
404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
? The jurisdictional areas within the above described project area have been identified under a previous action. Please reference the
jurisdictional determination issued on (Action ID: ).
Basis of Jurisdictional Determination: This waterbody exhibits an ordinary high water mark as indicated by changes in soil
character and absence of terrestrial vegetation and is hydrologically connected to the Toisnot Swamp, adjacent to the Neuse
River adjacent to Pamlico Sound.
Corps Regulatory Official Date: 04/06/2005 Determination Expiration Date: 04/06/2010
Summarv Authorized Impacts and Required Mitieation
Action ID NWP / GP Open Water (ac) Wetland (ac) Unimportant Steam (If) Important Stream (If)
# # Temporary Permanent Temporary Permanent Temporary Permanent Temporary Permanent
200520710 14 40
Impact Totals 0 0 0 0 0 0 0 40
Total Loss of Waters of the U.S. (ac) 0 Total Loss of Waters of the U.S. (If) 40
Required Wetland Miti ation (ac) 0 Re uired Stream Mitigation (If) 0
Additional Remarks and/or Special Permit Conditions:
Page 2 of 2
'
A1??UPT ?
1?,I1Z?T[VL??,¢ya'.A???PPI? "?
Applicant: Mark Isbell File Number: 200520710 Date: 04/06/2005
At tached is: See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of A
F permission)
PROFFERED PERMIT (Standard Permit or Letter of permission) B
FE PERMIT DENIAL C
APPROVED JURISDICTIONAL DETERMINATION D
PRELIMINARY JURISDICTIONAL DETERMINATION E
SECTION I - 'hhe follcM',in, identifies vour'r1uhts `and optic ns rcuarclin`g an administrative appeal of the aboy e
decision. Additional information matt be found at littp://vv,-vvw.tts ice.army.11111/inet/"functlonsiC-,N /cecwO,/- or
Cor ?s rc,,ulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the
permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your
objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal
the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the
permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit
having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer
will send you a proffered permit for your reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you
may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section 11 of this form
and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of
this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the.form to the division engineer. This form must be received by the division engineer
within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or
provide new information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of
this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by
the division engineer within 60 days of the date of this notice.
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps
regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved
JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new
information for further consideration by the Corps to reevaluate the JD.
SECTION II - REQUEST FOR .-APPEAL or OBJECTIONS fO aN''INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your
objections to an initial proffered permit in clear concise statements. You may attach additional information to
this form to clarify where your reasons or objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps
memorandum for the record of the appeal conference or meeting, and any supplemental information that the
review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps
may add new information or analyses to the record. However, you may provide additional information to clarify
the location of information that is already in the administrative record.
PQIrt`l? C 1 s 014TTACTFOR QUESTIONS' OR INFORMATION:
If you have questions regarding this decision If you only have questions regarding the appeal process you
and/or the appeal process you may contact: may also contact:
Kevin Yates Mr. Arthur Middleton, Administrative Appeal Review
Raleigh Regulatory Field Office Officer
US Army Corps of Engineers CESAD-ET-CO-R
6508 Falls of the Neuse Road, Suite 120 U.S. Army Corps of Engineers, South Atlantic Division
Raleigh, North Carolina 27615 60 Forsyth Street, Room 9M15
Atlanta, Georgia 30303-8801
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any
government consultants, to conduct investigations of the project site during the course of the appeal process. You
will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site
investigations.
Date: Telephone number:
Signature of appellant or agent.
DIVISION ENGINEER:
Commander
U.S. Army Engineer Division, South Atlantic
60 Forsyth Street, Room 9M15
Atlanta, Georgia 30303-3490
A
WILMINGTON DISTRICT
POST-CONSTRUCTION COMPLIANCE FORM
Action ID Number: 200520710 County: Wilson
Permittee: Mark Isbell
Date Permit Issued: 04/06/2005
Project Manager: Kevin Yates
Upon completion of the activity authorized by this permit and any mitigation required by the permit,
sign this certification and return it to the following address:
US Army Corps Of Engineers
Wilmington District
Raleigh Regulatory Field Office
6508 Falls Of The Neuse Road
Suite 120
Raleigh, North Carolina 27615
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. If you fail to comply with this permit you are subject to permit suspension,
modification, or revocation.
I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and condition of the said permit, and required mitigation was completed in
accordance with the permit conditions.
Signature of Permittee
Date
327
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60 U S. 264 236 55' WILBANK. 8 MI. 1238 0 INTERIOR-GEOLO CAL 41/RVEY, RESTON, VIRGINIA-1977
Al 33 Ml. PINETOPS 17 MI. 239ooo-E 770
ROAD CLASSIFICATION
1 MILE Primary highway, Light-duty road, hard or
E?? ==3 11190
6000 7000 FEET hard surface ............... _...... ? improved surface.........
10
1 KILOMETER Secondary highway,
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2 12006 hard surface .............. .._..... Unimproved road 929 17ENR - WATER QUALITY Interstate Route 0 U. S. Route O State Route
" WETLANDS
N. C. ¦ .y
WINSTEAD CROSSROADS, N.C
STq QUADRANGLE LOCATION SW/4 ROCKY MOUNT 15' QUADRANGLE
N DAROS N3545-W7752.5/7.5
NIA' 22092
BLE ON REQUEST 1977
?OEPARTMENT OF AGRICULTURE
ATION SERVICE
r
SOIL LEGEND
The first letter of the map symbol, always a capital, is the initial
letter of the soil name. The second letter is a small letter. The
third letter, if used, is a capital letter and connotes slope class.
Symbols without a slope letter are for level soils or miscellaneous
' areas. A final number 2 in the symbol shows the soil is eroded.
N AME SYMBOL
AaA Altavista fine sandy loam, 0 to 2 percent slopes
AyA Aycock very fine sandy loam, 0 to 1 percent slopes
AyB Aycock very fine sandy loam, 1 to 4 percent slopes
Bb Bibb loam
Co Coxville sandy loam .
DpA Duplin sandy loam, 0 to 2 percent slopes
ExA Exum very fine sandy loam, 0 to 2 percent slopes
Fu8 Fuquay loamy sand, 0 to 6 percent slopes
GoA
GpA
Gr
GtB2
GtC2
Gu
MaA
MaB
NaB2
Nn6
NnC
NoA
NoB
NuB
Qu
Re
Rb
Ro
Sa
StA
Tab
Tm8
To
Tt
Ud
Ur
VaA
VaB
WaB
WeB
Wec
Wh
Wk
Goldsboro sandy loam, 0 to 2 percent slopes
Goldsboro-Urban land complex, 0 to 2 percent slopes
Grantham very fine sandy loam
Gritney sandy loam, 2 to 5 percent slopes, eroded
Gritney sandy loam, 5 to 12 percent slopes, eroded
Gritney-Urban land complex, 2 to 12 percent slopes
Marlboro loamy sand, 0 to 2 percent slopes
Marlboro loamy send, 2 to 5 percent slopes
Nankin sandy loam, 2 to 8 percent slopes, eroded
Nason silt loam, 2 to 6 percent slopes
Nason silt loam, 6 to 12 percent slopes
Norfolk loamy sand, 0 to 2 percent slopes
Norfolk loamy sand, 2 to 6 percent slopes
Norfolk-Urban land complex, 0 to .6 percent slopes
Pits, quarries
Rains sandy loam
Rains-Urban land complex
Roanoke loam
Stallings fine sandy loam
State loamy send, 0 to 3 percent slopes
Tarboro sand, 0 to 5 percent slopes
Tatum loam, 2 to 6 percent slopes
Toisnot loam
Tomotley fine sandy loam
Udorthents, loamy
Urban land
Varina loamy sand, 0 to 2 percent slopes
Varina loamy sand, 2 to 6 percent slopes
Wagram loamy sand, 0 to 6 percent slopes
Wedowee coarse sandy loam, 2 to 6 percent slopes
Wedowee coarse sandy loam, 6 to 10 percent slopes
Wehadkee and Chewacla foams
Wilbanks silt loam
WILSON COUNTY, NO
C
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Nat
Col
Min
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Lan
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(sec
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Approximate Site Plan q , t 4?
Isbell's Residence
Wislon County, North Carolina ?'"` ''