20040730 Ver 1_COMPLETE FILE_20040422

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

Coleen H. Sullins, Deputy Director
Division of Water Quality

June 11, 2004

DWQ Project No. 04-0730
County: Wilson
Page 1 of 2

Wilson County
PO Box 1728
Wilson, NC 27894-1728

Wilson County Environmental Education Nature Trail, Wilson, NC
Toisnot Swamp - Buck Branch [03-04-07, 27-86-11-95), C Sw NSW ]

APPROVAL of Neuse River Buffer Rule (15A NCAC 02B .0233) AUTHORIZATION CERTIFICATE

Subject Property:

To Whom It May Concern:

You have our approval, in accordance with 15A NCAC 02B .0233 and any conditions listed below, to impact
approximately 720 tf of Zone 1 and 480 fr of Zone 2 of the protected riparian buffers for the purpose of constructing the
proposed boardwalk and nature trail at the subject property as described within your application dated April 15, 2004 and
received by the Division of Water Quality (DWQ) on April 22, 2004. In ~ddition, 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.

This approval is only valid for the purpose and design that you described in your application. If you change your project,
you must notify us and 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 authorization and approval letter and is thereby responsible for complying with all conditions. For this
approval to be valid, you must follow the conditions listed below.

Conditions:

1 . Diffuse Flow

An additional condition is that all stormwater shall be directed as diffuse flow at non-erosive velocities through the
protected stream buffers and will not re-concentrate before discharging into the stream as identified within 15A NCAC
2B .0233(5).

2. Certificate of Completion

Upon completion of all work approved within this authorization, and any subsequent modifications, the applicant is
required to return the attached certificate of completion to the 401/Wetlands Unit, North Carolina Division of Water
Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.

3. GC3402

You stated within your application that you intend to impact less than 0.2 acres of wetlands associated with
construction of the proposed boardwalk over the wetland. Please note that if this only involves posts for the
construction of the boardwalk that written authorization is not required from the DWQ. Also, the DWQ believes that if
you comply with all of the conditions of General Water Quality Certification No. 3402 that written authorization will not
be required from the DWQ. Please see the attached GC3402.

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 Authorization Certificate shall expire five (5) years from the date of this letter.

North Carolina Division of Water Quality, WETLANDS / 401 UNIT
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
919-733-1786 (phone), 919-733-6893 (fax), http://h20.enr.state.nc.us/ncwetlands/

Wilson County
Page 2 of 2
June 11,2004

This letter completes the review of the "No Practical Alternatives" determination under 15A NCAC 28 .0233. If you have
any questions or would like a copy of the buffer rules, please call [phone]. This letter does not authorize any
impacts to either Waters of the United States or Waters of the State. Please contact the US Army Corps of Engineers
(USACE) or NC Division of Water Quality (DWQ) if any impacts are proposed to either of these waters.

Sincerely,

Attachments: GC3402

cc: DWQ Raleigh Regional Office
File Copy
Central Office

DWQ # 040730
Date: June 11, 2004

JRDlbz

1Sc'b -

'2 ZP
'-1- ~~ t4?1e~
~~...~

~",/eJ

Ol1ly

;\(UU.e a.cLo,,~~
..h.J ~ l4. DWQ No.
0,,-- k...~ . · lie to this project, please enter "Not Applicable" or "N/A" .)

Form Version May 2002

,-C~J
~
h~ -- L..'t-+-k
':>$7- SI'f7x3

0" - 0 d--{)l.{

rshed Buffer Rules
Permit from DWQ

Rldc'i 1\~e~
U~ \:>A- - VJ;\.5.()v\

3. If this notification is sole ~ S"'d.- - a.:s -r - 511.{ ( e)( +-. 3
is not required, check het
LOr\. ~\J .pr-oe eecl ~
4. If payment into the Nortl -I
mitigation of impacts (VI
section VIII and check h

the 401 Certification

VRP) is proposed for
11 of PCN), complete

5. If your project is locate<<
4), and the project is v - ~'GfD--
Environmental Concern "-IiCC Ll1~ LUP v. 1''''0'' ~ A~. A__.u__ ________"

1. Owner/Applicant Information
Name: W;lsow
Mailing Address: J:.~~' 1 ~

CIXL.~ty
z. 'l~ '1 'L:Jj z~

mties (listed on page
vIanagement Area of

v~EA~/401GROUP

APR 2 2 2004
WATER QllAlITY SECTION

II.

Applicant Information

t~1
z.~1.... ~ . q, t{ I

Telephone Number: 't~2- ~~ U:03 Fax Number:
E-mail Address: E. ~i ,\ i ~O( 6> \,.) i{$~ .- C.6 . CoIYl

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:
E-mail Address:

Fax Number:

Page 5 of 12

~, It.-

" '.
~\ , '; .fJ )

"", Ii...
. I'
" . ~
'. "J" j AI \,.'

. J (\

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 forma:;
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 ar.?
reduced to a small scale such that the final version is illegible, the applicant will be informed tll;;
the project has been placed on hold until decipherable maps are provided.

1. Name of project: Wilstlh C"c.u,-l\/ Envl'r~~'*1;4"l EJ."c~+,~... .AJc,tLt...<. TYIit'/
2. TJ.P, Project Number or State Project Number (NCDOT Only):

3. Property Identification Number (Tax PIN):

3731-77-.St::>J?'7

4. Location
County: eLl ,'lsoA,/ Nearest Town:
Subdivision name (include phase/lot number): IV/A
Directions to site (include road numbers, landmarks, etc.): NC
(i1!tJ1IV 1St-e-we,,- Cq.....r+ tc> ,de... $ik will b-e 6'"

w;lJOAl'

<<-I ~ )i'~,-r-io' !3y-eIPi:V (.f;)
50",~ SJJ( <iF roit.u{,

5. Site coordinates, if available (UTM or Lat/Long): 35 'J:3 00 I ? 1 5 ~ 00
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists tfl'
coordinates for each crossing of a distinct waterbody.)

6. Property size (acres):

?.}..

7. Nearest body of water (streamlriver/sound/ocean/lake):

~,irltft 5l..iJc..-~ '. Bl.tck t1r(....c.1,
,

8. River Basin: .N e \-t} C-
(Note - this must be one of North Carolina's seventeen designated major river basins. TJ
River Basin map is available at htto://h2o.cnr.statc.nc.us/admin/maps/.)

9. Describe the existing conditions on the site and general land use in the vicinity of the proje
at the time of this application: Wooded lU"e~ "".+t. ~euvfl" iltldhIJ/'M c.-e..d-e.-. 1.4.,J./'-1I
}C"i....ttJ 0.... ~aJt r;,'Je. S<uih-C.. o.u"...J,o... c:r", Wnt Si{h.~ ft".) ttrer.:f,o.... wdl be.
c.IoS'~ G.....J bom...., IJ;+ /vii I 6c Jeve)'I1..d q., ",'rk.
, '

Page 6 of 12

10. Describe the overall project in detail, including the type of equipment to be used: /A e
n~ f\.lff!.. +vc,,1 Iv; U b~ (tJhjfV1.<(.r<<~ ''''I..{..;,J" ".f -f/..., "...::tle..-- I\S nHH....f.. u ,oo!>J(tl.e.
W~ w;1I c...os<, ~(... L....-fI__'" ..."hot'" v<.. ,Job-II Db<,t...v~-+'~..... f"I~-h b"lIa-c !4-4-
b1tc.o' 00'"',",. ~,t;.,-1.f--~ j,,;uk., "",oil JL ..uuJ 4u n,'<H..--...II.e...... -1+I.-o-.,l. ft...

br' J ~ ~ ~ .
14: 7"e... t:.IJ L ,I b-<. ItL WYl . 'l "'. be.. ,,/'J '
IN.-J~ 8.~ :/l'1: 4~ ::'~~~..J /'o~f IaN, " ;:;~f /~VWI~'b: ~:~Ut

11. EXPl.ain tP~ose of the proposed work: ~ f~' ..J.~ . h;~ -!-..;I '" k .....J.
In.. _--5-&J S". ~ .,\;,<-- d~ I }M "'s~u"'" +n "S'. ~ 1I-14 .odl "'.
~ f I I

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 TJ.P. project, along with
construction schedules.

A//tt

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.

111-

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

1. Provide a written description of the proposed impacts: 5} I w,-J~ -frCt,-( Wi'! / b c...
t~^~t"'kutcJ by. ~~W1~UI~,.(.,~,.f- If/Ie, fr-.- f-4.!1~-H. L.-Hl~ ~<v no ,<;6/ I

1.1.h..::::r4< .., ~~:LA.J. ~+ l:~~ ';;~Lw:~~ {,~.;;~".J. $....4l .4''''~-/';'J

2. Individually list wetland impacts below:

Type of Impact'"

Type of Wetland"'''''''

... List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
.. lOO-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1.800-358-9616, or
online at http://www.fema,gov.
..... List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (detennination of isolation to be made by USACE only).

List the total acreage (estimated) of all existing wetlands on the property: ~ 0
Total area of wetland impact proposed: .< .;}..

3. Individually list all intermittent and perennial stream impacts below:

Stream Impact Length of Average Width Perennial or
Site Number Type of Impact'" Impact Stream Name*'" of Stream Intermittent?
(indicate on map) (linear feet) Before Impact (please specify)

List each impact separately and identifY temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain I,
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc, If stream relocation b
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online a1
WWW.USllS.llOV. Several internet sites also allow direct download and printing of USGS maps (e.g., www,1opozone,con1,
www.mapouest.com. etc.).

*

Cumulative impacts (linear distance in feet) to all streams on site:

AI/If
,

Page 8 of 12

4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:

Open Water Impact Area of Name of Water body Type of Water body
Site Number Type of Impact* Impact (if applicable) (lake, pond, estuary, sound,
(indicate on map) (acres) bay, ocean, etc.)
> 6evdv.lk fc'v .(:'. t 15\.tJ.c 3r(;,cl, fl'?"",v~" Po___-I
(i'65,,1,7 6e..1M-.... ~

*

LIst each rmpact separately and identity temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.

5. 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): D uplands D stream D wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): /11'/14
,

Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):

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.

11+

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 March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.

If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h20.em.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.

IJ / It-
l

2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
[phone] to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wrp/index.ht111. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:

Amount of stream mitigation requested (linear feet):
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)

Does the project involve an expenditure of public (federal/state) funds or the use of public
( federal/state) land?
Y es ~ No D

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 NEP A/SEP A document is required, call the SEP A
coordinator at [phone] to review current thresholds for environmental documentation.
Yes D No ~

If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy ofthe NEP A or SEP A final approval letter.
Yes D No D

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.

Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify 1V~e..- )?
Yes ~ No D If you answered "yes", provide the following information:

Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.

Zone*

Multiplier

Req uired
Miti ation

1 '1 0 3

2 Yz,D 1.5

Total :l 0
Zone I extends out 30 feet perpendicular fFom near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.

*

Page 11 of 12

If buffer mitigation is required, please discuss what type of mitigation is proposed (Le., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within l5A NCAC 2B .0242 or .0260.

N/i4
I

XI. Storm water (required by DWQ)

Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.

If! tt

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.

Jtfrt

XIII. Violations (required by DWQ)

Is this site in violation of DWQ Wetland Rules (l5A NCAC 2H .0500) or any Buffer Rules?
Yes D No ~

Is this an after-the-fact permit application?
Yes D No ~

XIV. Other Circumstances (Optional):

It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside ofthe applicant's control).

U/ttr
,

Page 12 of 12

STATES
OF THE INTERIOR
GlB().LOGICAL SURVEY

S ft #'c..-fo5e... Q<A"'J..

50'

=

"""

I
!

(

~,
II
"
"
II

~
~~-;;- -

/~(

/'1\

'~120~

)~

,- 0'
i '
/' l
....., .1'
~~,'-~~
I "1 't "\ '
..rf'?~
....,.
:;..'>
,

"

~~r~rf:f ".
;,16 'yo.,s.:
tt. .~ (' ')
1,( :;1" (
i')(/

~;iJ1!'bY q rv

'). ~ J..
t) ,,t l"," ......
, ....,..,.
~,. .~~f/lI.""
I ,," ~."...
.",x~~'
r,..>'i'yw ,
, .
I
\
"

"
\hi

'~~
<, -/I )
.$ r ,~';'
1. l'
.'1
" I.'.
,:~V;;/
,f
"
...

-, ,
'\
~.
{\

,'~l -
,.1' '''-
Y'

-.,

_.- - -,
"
"
"
" :-
'." '
;'i'dJ bl -eJ. ~

I
'(,.. 01
hI

~8
1.:

I
h"11 "j I
... ... ,'" :1 - " I
-~\.._ ~ ~b"~:"l!' I I '~.l

>., I (,...0 l'
, - ....\ "',' ~ /1 'I
1. ~ C.'~
~ _ IJ j, 1/ J;

~ _, ~ _;_ - :~~_._~~., I ...~.~;.q,'
f - ~"-r:J:::-'~ II
I \' I 'f., I,
""\")t I \ IS!. ,j :.}~'
"\. \ 1f ~I t
(\ l I :/ fl '
~ ,~ I,'
. ~~N- ,~'!~~;~ij,,~~,r~.~.
, h ~ _ .... r) ".}t\"r;; ;/"'?J.' ,
~ ,5J ~l .,':\lJ ,i
I ,.1 \4"'\
;:,',',:d,
"::;:1 X