19980901 Ver 1_COMPLETE FILE_19980910

"PUM EMI AMD RMIPICTUMB 33pADYN31MY
J.L. "Skip" Browder, AICP Dan Schwoeble
Planning Director Chief of Inspections
(919) 5635002 EA 208 Fax 019j 5638919 [phone] Fax(J19j 5631541
Planning Staff. Inspections Staff.-
Janet Batten Beth Franson Cyndi McInnis Cindy Lane
(919)563ME)t209 Robert Yarborough Joe Hester
1?.@. 3@1 @70 a CLATTO, X16 19D0
February 21, 20004.
11W,
Mr. John Dorney ;??
NC DENR Division of Water Quality
4401 Reedy Creek Road
Raleigh, NC 27626-0535
^S ,JRe: Ellington Subdivision, Phase 4-B in Clayton, North Carolina
Dear Mr. Dorney:
As you may recall, Mr. Steve Shipwash, developer of the above referenced subdivision,
and I met with you to discuss construction related issues in this development. It seems
that Mr. Shipwash is still trying to find a feasible way to complete the subdivision.
This subdivision, which contains over 200 lots, has been developed during a period of
over ten years. The final phase, Phase IV, was approved by the Town of Clayton
originally in 1995 and again in 1996 (resubmittal). A street connection through the
adjoining property, which was deemed necessary for safety access purposes, had to be
negotiated by Mr. Shipwash as part of the plan approval process and acquisition of the
right-of-way delayed considerably his progress in project construction. Further, a portion
of the final phase, now designated as Phase 413, was not approved for construction and
recording until the required street connection was made. Unfortunately, during the time
the negotiations were taking place the Neuse River riparian buffer regulations went into
effect and his construction plans for Phase 413 were not approved by NC DENR.
Mr. Shipwash has reluctantly prepared and processed a revised plan for Phase 4B which
was approved, with variances, by the Clayton Town Council in 1999. This revised plan
reduced the lot count by seven, created two cul-de-sacs in excess of the maximum length
permitted (700) which resulted in the need for a variance, and totally changed the traffic
circulation in the subdivision. While the revised plan was ultimately approved, it was
generally recognized by the Town staff and elected officials to be much less desirable
than the originally approved version.
We are hopeful that your agency can work with Mr. Shipwash and find some means to
allow him to proceed with his original design and perhaps add some water quality
enhancements to his construction plans. The obvious economic impact on Mr. Shipwash
and diminished traffic circulation for residents of the subdivision and public in general
seem to provide a basis for some level of re-assessment. In fact, a recent break in a
natural gas line at the only entrance to Ellington left the residents there without free
access by automobile for hours and presents evidence of the need to expeditiously
complete this last phase.
I understand that Lacy Reaves, Mr. Shipwash's attorney, will also contact you about this
matter in the near future.
We appreciate greatly the service provided by yourself and colleagues at NC DENR. If
we might be of any assistance to you or if we might provide any additional information,
please do not hesitate to contact my office at [phone].
Sincerely,
Browder
Asst. Manager/Planning Director
Cc: Town Manager
Steve Shipwash
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality

James B. Hunt, Jr., Governor NC ENR
Wayne McDevitt, Secretary NORTH CAROLINA DEPARTMENT OF
A. Preston Howard, Jr., P.E., Director ENVIRONMENT AND NATURAL RESOURCES
November 18, 1998
Johnston County
DWQ Project # 980901
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS and Neuse River Buffer
Rules
Mr. Stephen Shipwash
PO Box 845
Clayton, NC 27520
Dear Mr. Shipwash:
You have our approval, in accordance with the attached conditions and those listed below, to place fill material in 0.16 acres
of wetlands or waters for the purpose of constructing the Ellington subdivision, Phase 4 near Amelia Church Road, as you
described in your application dated 31 August 1998. After reviewing your application, we have decided that this fill is covered by
General Water Quality Certification Numbers 3101, 3103 and 3108. These certifications allow you to use Nationwide Permit
Numbers 12, 14 and 26 when the Corps of Engineers issues them. This approval is also valid for the Neuse River buffer rules
(15A NCAC 213 .033). In addition, you should get any other federal, state or local permits before you go ahead with your project
including (but not limited to) Sediment and Erosion Control, Coastal Stormwater, Non-Discharge and Water Supply Watershed
regulations. This approval will expire when the accompanying 404 or CAMA permit expires unless otherwise specified in the
General Certification.
This approval is only valid for the purpose and design that you described in your application except as modified below. If
you change your project, you must notify us and you may be required to send us a new application.. If the property is sold, the
new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all
conditions. If total wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required
as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to be valid, you must follow the conditions listed in the
attached certification and any additional conditions listed below.
1. Deed notifications or similar mechanisms shall be placed on all lots with remaining jurisdictional wetlands
and waters or areas within 50 feet of all streams and ponds to notify the state in order to assure compliance
for future wetland and/or water impact. These mechanisms shall be put in place within 30 days of the date
of this letter or the issuance of the 404 Permit (whichever is later).
2. Impacts to streams and their buffers at sites "A" and "C" are not approved at this time.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60
days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the
North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This
certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have
any questions, please telephone John Dorney at 919-733-1786.
Sin ly,
res n Howard, Jr. P.E.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Raleigh Field Office
Raleigh DWQ Regional Office
John Dorney
Central Files
Kevin Martin; S & E C
980901. ltr
Division of Water Quality • Non-Discharge Branch
4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Aff irmative Action Employer • 50% recycled/10% post consumer paper
10/19/1998 15:06
9198469467
ins
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PAGE 01
Soil & Environmental Consultants, Inc.
244 West Millbrook Road ¦ Raleigh, North Carolina 27609 ¦ [phone] E Fax (W) 846-5467
Facsim l.e Sheet
Fax Number [phone]
Fax Number; :? 3 ? 7 l -
From: '4'kt iz?. t,\Subject: . t._r
Number of pages including transmittal sheet:
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Please advise ? Please call
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Hand Copy Sent:
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? Federal Express No hard copy sent
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Remarks: r.e.c a ?? '?(1,-e? a tt.c.?e ct l v?r• t

Vt'C- A-t--e ,re tA?-t vv-.- w t? . Ise
If you'have any questions or problems with the transmission, please contact k v?
at [phone].
Confidentiality Notice
Thia transmission is intended only for the use of the individual or entity to which it ir. wddr-s;,E l and zYkAy contain
information that'is privileged and confidential. If the reader of this message is not the intended recipient, you are hereby
notified that nay disclosure, distribution or copying of this information is strictly prohibited. If you have received this
transmission in error, please notify us immediately by telephone and return the faxed dvcumertts to us at the above
address via the United States Postal Service.
Soil/Site Evaluation ¦ Mapping and Physical Analysis ¦ Wetlands Mapping and Mitigation r Environmental Audits
On-Site Waste Treatment Systems, Evaluation and Design
To: Name: cc: ?i` , o c 17.E ,?
Company: ??G _
10/19/1998 15:06 9198469467
,.0 .. A
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
S&EC

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NORTH CAROL IN
ENVIRONMENT AND
October 9, 1998
vWQ project # 98+
Johnston County
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. F. Steven Shipwash
PO Box 84$
Clayton, NC 27520
Dcar Mr. Shipwash:
PAGE 02
The Division of Water Quality his reviewed your plans for the discharge of fill material into 0.30 acres of streams
and/or wetlands located at Ellington subdivision, Phase 4 near Amelia Church Road in Johnston County for residential
development. Insufficient evidence is present in our files to conclude that your project must be built as planned in
waters and/or wetlands in accordance with 15A NCAC 2H .0506 and 15A NCAC 2B ,0233 (Neuse River buffer rules).
Therefore, unless modifications of the proposal are made as described below, we will have to move toward denial of
your 401 Certification as required by 15A NCAC 2H .0507(e) and will place this project on hold as incomplcto until we
receive this additional information once we receive this information, our processing time will start. Until we receive
additional information, we are requesting (by copy of this letter) that the U.S. Army Corps of Engineers place your
project on adlWnistrative hold.
Please provide us with information supporting your position that states your project must be constructed as
planned and that you have no practicable alternative to placing fill in these waters and/or wetlands. Specifically can you
construct your subdivision without road crossing at locations A and C? If these crossings are required by the Town of
Clayton, a written explanation of this requirement will be needed. Any documentation such as maps and narrative that
you can supply to address alternative designs for your project may be helpful in our review of your 401 Certification,
Please respond within three weeks of the date of this letter by sending a copy of this information to me and one
copy to Mr. Danny Smith Raleigh Regional Office at 3800 Barrett Drive Raleigh NC 27609. If we do not hear from
you in two weeks, we will assume that you no longer want to pursue this project and we will consider the project as
withdrawn. I can be reached at 919-733-1786 if you have any questions.
1t1o R . Domey
er Quality CertiVad Program
cc: Raleigh DWQ Regional Office
Wilmington Office Corps of Engineers
Central Files
John Domey
Raleigh Field Office Corps of Engi,rreers
Kevin Martin, Soil and Environmental Consultants
980901.nty
Division of Water Quality • Non-Discharge Branch
4401 Reedy Greek Rd., Raleigh, NC 27626-0535 • Telaphone 919.733.1786 • FAX [phone]
An Equal OpportunityAffirmative Action Employer 50% recycled/ 10% post-consumer paper
s
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
NC ENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
October 9, 1998
DWQ Project # 980901
Johnston County
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. F. Steven Shipwash
PO Box 845
Clayton, NC 27520
Dear Mr. Shipwash:
The Division of Water Quality has reviewed your plans for the discharge of fill material into 0.30 acres of streams
and/or wetlands located at Ellington subdivision, Phase 4 near Amelia Church Road in Johnston County for residential
development. Insufficient evidence is present in our files to conclude that your project must be built as planned in
waters and/or wetlands in accordance with 15A NCAC 2H .0506 and 15A NCAC 2B .0233 (Neuse River buffer rules).
Therefore, unless modifications of the proposal are made as described below, we will have to move toward denial of
your 401 Certification as required by 15A NCAC 2H .0507(e) and will place this project on hold as incomplete until we
receive this additional information once we receive this information, our processing time will start. Until we receive
additional information, we are requesting (by copy of this letter) that the U.S. Army Corps of Engineers place your
project on administrative hold.
Please provide us with information supporting your position that states your project must be constructed as
planned and that you have no practicable alternative to placing fill in these waters and/or wetlands. Specifically can you
construct your subdivision without road crossing at locations A and C? If these crossings are required by the Town of
Clayton, a written explanation of this requirement will be needed. Any documentation such as maps and narrative that
you can supply to address alternative designs for your project may be helpful in our review of your 401 Certification.
Please respond within three weeks of the date of this letter by sending a copy of this information to me and one
copy to Mr. Danny Smith Raleigh Regional Office at 3800 Barrett Drive Raleigh NC 27609. If we do not hear from
you in two weeks, we will assume that you no longer want to pursue this project and we will consider the project as
withdrawn. I can be reached at 919-733-1786 if you have any questions.
)ter R. Domey
Quality CertiV Program
cc: Raleigh DWQ Regional Office
Wilmington Office Corps of Engineers
Central Files
John Domey
Raleigh Field Office Corps of Engineers
Kevin Martin; Soil and Environmental Consultants
980901.nty
Division of Water Quality • Non-Discharge Branch
4401 Reedy Creek Rd., Raleigh, NC 27626-0535 • Telephone [phone] • FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
J
Soil mental Consultants, Inc.
244 West roo ad_ eii, Carolina 27609 ¦ [phone] ¦ Fax [phone]*
f SEP Q August 31, 1998
1 Job #98-3692
NCDEH & NR - DWQ--`?SECTIpN U Army Corps of Engineers
Attn: Mr. John Dorney : Ms. Jean Manuele
4401 Reedy Creek Road 6508 Falls of the Neuse Road, Suite 120
Raleigh, NC 27607 Raleigh, NC 27615
Re: Request for Nationwide Permits 26,14 and 12, and Neuse Basin Buffer
Confirmation. (S"-- r"i Ya I\- Sw4 , v \S uZ 4N i? S e- Lt Dear Mr. Dorney and Ms. Manuele:

The purpose of this letter is to request authorization of Nationwide Permit 26 for
0.13 acres, Nationwide 14 for 0.13 acres and Nationwide 12 for 0.04 acres. The
project is located in Johnston County west of the Little Creek and south of
Amelia Church Road near Clayton, NC (see Site Vicinity Map).
All impacts will result from the fill of jurisdictional waters for roads and utilities
for residential development (see Site Plan). Impacts A, B, C & D are to areas
subject to the Neuse Buffer Rules. Impacts E & F are to areas we do not believe
are subject to the buffer rules. We believe that impacts A & C are to significant
streams while others are not.
A table showing project impacts to jurisdictional areas and resultant totals is
enclosed. Wetland acreage impacts as proposed are below the DWQ 1 acre
mitigation threshold. Potential stream mitigation that may be required due to
the proposed impacts will have to be determined after site visits by the Corps
and DWQ. If stream mitigation is required our clients plan to mitigate would be
via payment into WRP. Please note that impacts A and C are not necessary for
the development but have been requested by the Town of Clayton. Our client
has no desire to build these roads and if they were not built there would
definitely be no mitigation required for the other impacts. Denial of impacts at
A & C are preferable to mitigation.
Also note that the project engineer completely redesigned proposed utilities so
that they are within proposed roads where practical. Originally, they were
along streams and would have required multiple crossings of the significant
stream to connect to the existing sewer line.
Please contact us if you have any questions.
Sincerely,
Kevin C. Martin
KCM/sh
Soil/Site Evaluation ¦ Mapping and Physical Analysis ¦ Wetlands Mapping and Mitigation ¦ Environmental Audits
On-Site Waste Treatment Systems, Evaluation and Design
ELLINGTON PHASE 4 WETLAND IMPACTS
Impact Linear Significant Pol on Jetal-
A (NW14) 150' 150' 5735 ft 7
B (NW12) 30' 30' 1575 ft 1575
C (NW26) 140' 140'*
D W 12 30' 30' 90 ft
E (NW26) 50' 0' 100 ft
F NW26 5115
SQ. FT. DWQ SIGNIF. CH.
TOTAL NW 12 1665 60'
NW 14 5735 150'
NW 26 5635 140'
13035 0.3 ACRES 350'**
* Impacts that count toward Corps 500' maximum under NW 26
(140' total).
** If NW 12 stream impacts to channels are included by DWQ, both
significant channels have over 150' of impact which may trigger
DWQ mitigation. However, impacts A & C are avoidable and if
denied, no mitigation should be required by the Corps or DWQ.
'Aar
Soil & Environmental Consultants, Inc.
244 West N1111 gook Road ¦ Raleigh, North Carolina 27609 ¦ [phone] ¦ Fax [phone]
AGENT AUTHOPUZATION FORM
All Blanks To Be Filled In By The Current Landowner
Name:., Steve and-Mauba sbiRwaab
Address: 510 Hwy. 42 West P. 0_ Box 845 Clayton, NC 27520
Phone: _ 553-8790 Fax [phone]
Project Name/ Description: Ellington Phase 4B -
Date: 9/1/98
The Department of the Army
U.S. Army Corps of Engineers, Wilmington District
P.O. Box
Wilmington, NC 28402
Attn:
`? A ^A
Field Office: -

Re: Wetlands Related Consulting and Permitting
To Whom it May Concern:
I, the current ro er owner, hereby designate and authorize Soil & Environmental Consultants, Inc. to
act in my behalf as my agent in the processing of permit applications, to furnish upon request
?mntl information in support of applications, etc. from this day forward. The 1st day of
supp;September
This notification supersedes any previous correspondence concerning the 5gent for this project.
NOTICE: This authorization, for liability and professional courte eas
government officials to enter the property when accompanied E Y
to arrange a site meeting prior to visiting the site. J
_ Steve Shipwash
Print Property Owner's Name ro ty Ow er s . ignature
cc: Mr. John Doiney cc: Mr. Kevin Martin
NCDEH & NR - DWQ, Water Quality Planning Soil & Environmental Consultants, Inc.
4401 Reedy Creek Road
Raleigh, NC 27607 .gentI m
3 Nlsppirg aril Ph,'?sical Ana!ysis 2 Wetlands %Japping and Miuga[ion 2 Environmen-,!
f In-` .• "7c'.- TrF^ttnt-n-, 5%st'nni;. F'•'.llt1 t1t?n and DrP ,iAn
DWQ ID:
Corps Action ID:
Nationwide Permit Requested (Provide Nationwide Permit ft 12, 14 & 26
Pre-Construction Notification Application
For Nationwide Permits that Require:
1) Notification to the Corps of Engineers
2) Application for Section 401 Certification
3) Coordination with the NC Division of Coastal Management
Send the original and (1) copy of this completed form to the appropriate field office of
the Corps of Engineers (see agency addresses sheet). Seven (7) copies should be sent to
the NC Division of Environmental Management (see agency addresses sheet). PLEASE
PRINT.
1. Owners Name: F. Steven Shi
2. Mailing Address: PO Box 845
Subdivision Name: Ellington - Phase 4
City: Clayton State: NC Zip Code: 27520
Project location address, including subdivision name (if different from mailing address
above):
3) Telephone Number (Home):
(Work): 919-553-879
4) If applicable, agent's name or responsible corporate official, address, phone
number:
Soil & Environmental Consultants, Inc. Phone: [phone]
244 West Millbrook Road
Raleigh, NC 27609
Fax: [phone]
5. Location of work (provide a map, preferable a copy of USGS topographic map or
aerial photograph with scale):
County: Johnston Nearest town or city: Clayton
Specific Location (include road numbers, landmarks, etc.):
West of Little Creek, south of Amelia Church Road (see vicinity map)
6. Impacted or nearest stream/river: Unnamed tributaries of Little Creek
River Basin: Neuse
7a. Is project located near water classified as trout, tidal saltwater (SA), high quality
waters (HQW), outstandin resource waters (ORW), water supply (WS-I or WS-
II)? YES ® NO If yes, explain:
7b. If the project is located within a North Carolina division of coastal management
area of environmental concern (AEC)? YES ? NO V
7c.
8a. Have an Section 404 permits been previously requested for use on this property?
YES ?y NO ® If yes, provide Action ID number of pervious permit and
any additional information (including photocopy of 401 certification).
8b. Are additional permit requests expected for this property in the future?
YES ? NO ® If yes, describe anticipated work:
9a. Estimated total number of acres in tract of land: (Phase 4) 48.33
If the project is located within a coastal county (see page 7 for list of coastal
counties), what is the land use plan (LUP) designation?
9b. Estimated total number or acres of wetlands located on project site: Unknown <3
acres
10a. Number of acres of wetlands impacted by the proposed project by:
Filling: 0.26 (NW 14 & 26
Flooding:
Drainage:
Excavation: 0.04 (NW12
Other:
Total acres to be impacted: 0.30
10b. (1) Stream channel to be impacted by the proposed project (if relocated,
provide distance both before and after relocation):
Length before: 400
After:
Width Before (based on normal high water contours):
Width After:
Average depth before: After:
(2) Stream channel impacts will result from: (check all that apply)
Open channel relocation: ? Placement of pipe in channel:
Channel Excavation: ® Construction of a Dam/Flooding: ?
Other:
11. If construction of a pond is proposed, what is the size of the watershed draining to
the pond?
What is the expected pond surface area?
12. Description of proposed work including discussion of type of mechanical
equipment to be used (attach plans 81/2" x 11" drawings only):
Installation of roads and utilities (0.18 acres) and minimal lot fill at impact F
(0.12 acres) via conventional methods.
13. Purpose of proposed work: Development of residential subdivision on uplands.
14. State reasons why it is believed that this activity must be carried out in wetlands
(include any measures taken to minimize wetland impacts): Road crossing E
needed to acces uplands, utilities required to connect to existing sewer line.
Crossings are perpendicular. Utility layout totally redone to minimize impacts by
installing in proposed roads
15. You are required to contact the U.S. Fish and Wildlife Service (USFWS) and/or
National Marine Fisheries Service (NMFS) (see agency addresses sheet) regarding
the presence of any federally listed or proposed for listing endangered or
threatened species or critical habitat in the permit area that may be affected by the
proposed project. Date contacted: (attach responses from these agencies).
performed by USACOE
16. You are required to contact the state historic preservation officer (SHPO) (see
agency address sheet) regarding the presence of historic properties in the permit
area which may be affected by the proposed project. Date contacted:
performed by USACOE
17. Does the project involve an expenditure of public funds or the use of public (state)
land?
YES ? NO ® If no, go to 18.
a. If yes, does the project require preparation of an environmental document
pursuant to the requirements of the North Carolina Environmental Policy
Act?
YES ? NO ?
b. If yes, has the document been reviewed through the North Carolina
Department of Administration State Clearinghouse?
YES ? NO ?
If answers to 17b is YES, then submit appropriate documentation from the state
clearinghouse to division of environmental management regarding compliance
with the North Carolina Environmental Policy Act.
Questions regarding the State Clearinghouse review process should be directed to
Ms. Chrys Baggett, Director State Clearinghouse, North Carolina Department of
Administration, 116 West Jones Street, Raleigh, North Carolina 27603-8003,
telephone [phone].
18. The following items should be included with this application if proposed activity
involves the discharge of excavated or fill material into wetlands:
a. Wetland delineation map showing all wetlands, streams, lakes and ponds on
the property (for Nationwide Permit numbers 14, 18, 21, 26, 29 and 38). All
streams (intermittent and permanent) on the property must be shown on the
map. Map scales should be 1 inch equals 50 feet or 1 inch equals 100 feet or
their equivalent.
b. If available, representative photograph of wetlands to be impacted by project.
C. If delineation was performed by a consultant, include all data sheets relevant
to the placement of the delineation line.
d. Attach a copy of the stormwater management plan, if required.
e. What is land used of surrounding property?
f. If applicable, what is proposed method of sewage disposal?
Municipal
g. Signed and dated agent authorization letter, if applicable.
NOTE: Wetlands or Waters of the U.S. may not be impacted prior to:
1. Issuance of a Section 404 Corps of Engineers Permit,
2. Either the issuance or waiver of a 401 Division of Environmental
Management (Water Quality) certification, and
3. (in the twenty coastal counties only) A letter from the North Carolina
Division of Coastal Management stating the proposed activity is consistent
with the North Carolina Coastal Management program.
Owner's A ent' s ignature Date
(Agents signature valid only if Agent Authorization Letter from the owner is provided
(18 g.))
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Regional Contact: f
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Date:
WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Ellington SD, Phase 4 County Johnston
Project Number 98 0901 County2
Recvd From APP Region Raleigh
Received Date 9/10/98 Recvd By Region
Project Type subdivision
Certificates Stream
Class Acres Feet
Permit Wetland Wetland Wetland Stream
T„no Tvna Imnact Score Index Prim. Supp. Basin Req. Req.
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C NSW 0304 0.30 ?-
12 F- O Y O N 27-43-12 r -
7-14 [OY @N F-F_
F 26 F-O Y @N Mitigation Wetland
KA;+i-+;nnTvno Type Acres Feet
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Is Mitigation required?
Did you request more info?
Is Wetland Rating Sheet Attached?
Have Project Changes/Conditions Been Discussed With Applicant'
Recommendation:
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O Issue ?Issue/Cond O Deny
cc: Regional Office Page Number 1
Central Office

Ellington SD, Phase 4
Jo6ston County- Neuse River Basin
Did not conduct a site visit.
NW 26 impacts are under .33 ac.
However, one of the proposed linear stream crossing impacts = 150 feet. I did not do a site visit
to determine the applicability of stream mitigation because right now the issue is academic.
Impacts labeled as C and A should be avoided. They can install two cul-de-sacs rather than cross
the stream twice (as per current 401 policy and NBR these crossings should be avoided). If
Clayton requires the crossing then please have them explain why. If Clayton's response is
compelling I will then need to conduct a site to sort out the mitigation issue.
NBR:
NBR do apply. Accordingly, they need to demonstrate no practical alternative to the above
mentioned road crossing (or avoid it). Also, they need to resubmit plans that indicate the
placement and maintenance of the forest vegetation (Kevin said both features were subject). That
is, both are streams and both have forest vegetation (see attached map). Also, please include
language in the 401 Certification that sheet flow of storm water is required (as per NBR)..
Danny
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