20031342 Ver 2_401 Application_20070305

M G MACK GAY ASSOCIATES, P.A. 03 - 13~ a.. U~
A Consulting Engineers & Surveyors
February 26, 2007
Cyndi Karoly
Supervisor
401 Oversight/Express Review Permit Unit
NCDENR -DWQ
1650 Mail Service Center
Raleigh, NC 27699-1650
Subject: DWQ Project # 03-1342
Ms. Karoly:
This letter is to propose an amendment to the above permit. The subdivision that
is related to the permit has not been constructed. The plans have been
completed and reviewed by the City of Rocky Mount. The requested impacts
that were approved as per the above permit need to be relocated within the
subdivision. The total amount of impact for the road crossing and the wet
detention pond have not changed, these impacts have just been designed for
another location within the subdivision. The initial request was proposed based
on preliminary designs. The final design revealed that the road crossing and the
wet detention pond needed to be located in a similar location but the exact same
location as permitted. As per a telephone conversation with Ian McMillan,
enclosed is a revised impact map showing the new impact locations and a new
PCN form.
If you should have any other questions, please contact me at 252-446-3017.
Regards,
Mark A. Russell, PE
Mack Gay Associates, P.A.
Civil Engineering Surveying Land Planning
1667 Woodruff Road Rocky Mount, North Carolina 27804
[phone] Fax [phone]

MACK GAY ASSOCIATES, P.A. LETTER OF TRANSMITTAL
1667 Woodruff Road
Rocky Mount, North Carolina 27804
Telephone [phone]
Fax [phone]
[e-mail]
Date: March 1, 2007
Re: Southpark Village -Section 5 Revised PCN -DWQ Project No. 03-1342
To: Cyndi Karoly
Supervisor
401 Oversight/Express Review Permit Unit
NCDENR -DWQ
1650 Mail Service Center
Raleigh, NC 27699-1650
We are sending: ^ Attached ^ Under separate cover
^ Shop drawings ^ Prints ^ Plans ^ Samples ^Specifications
^ Copy of letter ^ Change order
COPIES DATE NO. DESCRIP70N
6 03/01/2007 PCN Application
6 03/01/2007 Impact map
6 03/01 /2007 Action I D 200421172
g 03/01/2007 DWQ Project No. 03-1342
g 03/01/2007 UDGS Quad Map
6 03/01/2007 Soil Surrey
THESE ARE TRANSMITTED as checked below:
^ For approval ^ Approved as submitted ^ Resubmit copies for approval
^ For your use ^ Approved as noted ^ Submit copies for distribution
^ As requested ^ Returned for corrections ^ Return corrected prints
^ For review and comment
^ FOR BIDS DUE
REMARKS:
Mark Russell

Office Use Only: Form Version May 2002
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
I. Processing
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
2. Nationwide, Regional or General Permit Number(s) Requested
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 Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), 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
l . Owner/Applicant Information ~ ~ '
Name: E. Norman Davis and Son, Inc.
Mailing Address:__ P.O. Box 7635 Rocky Mount NC 27804
Telephone Number: 252-937-6022 Fax Number: 252-442-0239
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: Mark A. Russell, PE
Company Affiliation: Mack Gay Associates, P.A.
Mailing Address: 1667 Woodruff Road
Rocky Mount, NC 27804
Telephone Number: 252-446-3017 Fax Number: 252-446-7715
E-mail Address: mrussell(a,mack~aypa.com
Pa~c ~~ ~~f~ 14

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 maybe 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: South Park Village V
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): 3758.05-08-3713
4. Location
County: Nash Nearest Town: Rocky Mount
Subdivision name (include phase/lot number): Section 5 -South Park Village
Directions to site (include road numbers, landmarks, etc.): Turn right off NC 97 to Kinchen
Drive. Turn right onto Gary Street, Turn left onto Amos Street, Turn right onto South Park
Village Drive.
5. Site coordinates, if available (UTM or Lat/Long): 35 deb 54.55' N 77 deb 49.05' W
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Property size (acres): 17.15 acres -Total Area
7. Nearest body of water (stream/river/sound/ocean/lake): Little Cokey Swamp
8. River Basin: Tar-Pamilco
(Note -this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: The existing conditions are open field surrounded by woods.
The open area is gown up. Most of the surrounding area has been developed. The proposed
development is Section 5 of the existing subdivision. The USGS Quad map and the Soils
map for this area indicate a stream going through the open area of this site. There is no
Pate 6 ~il~ 14

stream going through open area of this site presently. It appears this ditch was filled in
several years ago. This area was delineated and was determined to be wetlands but there is
no defined ditch or stream in this area as indicated by the maps. Please note that there is a
ditch and a jurisdictional stream on this site and they are noted on the attached Impact Map.
10. Describe the overall project in detail, including the type of equipment to be used:
The overall project is Section 5 of the South Park Village Subdivision. This part of the
subdivision consists of 36 lots. Normal construction equipment will be used to construct the
roads and utilities.
11. Explain the purpose of the proposed work:
The purpose of the proposed work will be to install a culvert and a road for the proposed
subdivision. There will also be a wet detention pond constructed with its outlet flowin into
the shown Tar-Pamlico Buffer. Please note that this project was previoulsly approved just
the locations of the impacts have changed and one area of impact has been delineated as
wetlands.
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.
Priorproiect history is DWQ No. 03-1342. This PCN is to amend the previous permit. The
location of the road crossing for this permit has been changed to this requested road crossing_
The above permit allowed one road crossing and one Tar-Pamlico buffer encroachment. The
r~uest is to keep the same number of impacts but to slightly modify the location of the impacts.
The road crossing has been determined to be located in wetlands. As discussed above, there is
no defined channel for the proposed crossing. This wetlands area (delineated by Environmental
Services Inc.) appears to be a floodplain, although FEMA has no determined this area is within
the floodplain.
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.
There are no other permits or development anticipated for this project.
Pane 7 i~l~ 1=4

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.
1. Provide a written description of the proposed impacts:
As per the original approved permit, two areas area of impact are requested for this permit. The
areas of impact consist of a road crossing and a wet detention pond. The road crossing will
impact 0.13 acres of wetlands and 63 feet of intermittent stream (please note that this stream or
ditch no lon>;er exists, it may have been filled in years a>;o before the Tar-Pamlico Buffer rules
were applicable. The wet detention pond will impact the on ig nal permitted amount of 20 feet of
intermittent stream.
2. Individually list wetland impacts below:
Wetland Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres) Located within
100-year Floodplain**
(es/no) Distance to
Nearest Stream
(linear feet)
Type of Wetland***
Impact Area No. 1 Grading and fill 0.13 Not evaluated by
FEMA 300

List each impact separately and ~denhty temporary impacts. Jmpacts include, but are not limited to: mechanized clearing, grading, till,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-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 httn://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 (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property: 2.00 acres
Total area of wetland impact proposed: 0.13 acres
Page. h cif 14

3. Individually list all intermittent and perennial stream impacts below:
Stream Impact
Site Number
(indicate on ma)
Type of Impact* Length of
Impact
(linear feet)
Stream Name** Average Width
of Stream
Before Im act Perennial or
Intermittent?
(leases ecify)
Impact Area No. 1 Culverts 62 feet UT-Little Cokey
Swam No defined
stream bed Intermittent
Impact Area No. 2 Pipe Outlet 20 feet UT-Little Cokey 18 feet Intermittent

* 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),
stabilization activities (cement wall, rip-rap, crib wall, 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.
** 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 at
www.usas.~ov. Several Internet sites also allow direct download and printing of USGS maps (e.g., www.to~ozone.com,
www.tnanquest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site:-
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below: No impacts to open waters
Open Water Impact

Site Number
(indicate on ma)
*
Type of Impact Area of

Impact
(acres)
Name of Waterbody
(if applicable) Type of Waterbody

(lake, pond, estuary, sound,
ba ,ocean, etc.)

* List each impact separately and identify 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): ^ uplands ^ stream ^ wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): Excavation
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): Local stormwater requirement and to improve water
quality
Size of watershed draining to pond: 11.3 acres Expected pond surface area: 35,000 ft2
I'atte ~J cif 14

VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It maybe 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.
These requests for these impacts have not changed since the first approval. As stated before the
total number of impacts have not changed, only the location of the impacts have been changed
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.
USAGE - 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 maybe 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 USAGE 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: //h2o. enr.state.nc.us/ncwetlands/shmgide.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.
If mitigation is required, the developer will use the North Carolina Ecosystem Enhancement
Program.
Pane 1(1 nl' 1-4

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.htm. 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):- N/A for thispermit
Amount of buffer mitigation requested (square feet): N/A for this permit
Amount of Riparian wetland mitigation requested (acres): 0.13 acres
Amount ofNon-riparian wetland mitigation requested (acres): N/A for this permit
Amount of Coastal wetland mitigation requested (acres): N/A for this permit
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?
Yes ^ No
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ^ No ^
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.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Pa~,~ I I ~~I' 1.1

Yes ~ No ^ 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.
Pa~;~ L of 14

Zone* Impact
(s uare feet) Multiplier Required
Miti ation
1 4920 3 0
2 8380 1.5 0
Total 8200 0
Gone 1 extends out sU teet perpendicular trom near bank oT channel; 'Lone 2 extends an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., 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 15A NCAC 2B .0242 or .0260.
XI. Stormwater (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.
Two water Qualityponds will be constructed to control water quality and water quantity issues as
required by state and local ordinances.
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.
Wastewater will not be generated b~proiect.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ^ No
Is this an after-the-fact permit application?
Yes ^ 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 of the applicant's control).
Pagc 13 ~~f I ~l

A_ o
Applica~t/Agent's\Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 14 of 14

U.S. ARMY CO1ZI'S OF ENGINEERS s,
Wilmington District
Action ID: 20042 1 1 72 County: Nash
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property
Owner E. Norman Davis and Son. Inc.
Address P.O. Box 7635
Rocky Mount NC 27804
Telephone Number 252-937-6022
Authorized
Agent Mack Gay Associates, P.A.
Attn: Mark Russell, PE
Address 1667 Woodruff Road
Rocky Mount NC 27804
Telephone Number 252-446-3017
Size and Location of Property (waterbody, Highway name/number, town, etc ): The property known
as the proposed Southpark Village IV is located approximately %2 aerial mile from the intersection of Hwy
301 a:.d Kingston Avenue ,adjacent to Little Cokey Swamp, in Rocky ii~iount, Nash County, North
Carolina.
Description of Activity: This permit authorizes the placement of fill associated with the construction of
a drain pipe for the Southpark Village subdivision. Impacts authorized by this permit are 301inear feet of
stream channel adjacent to Little Cokey Swamp.
Applicable Law: X Section 404 (Clean Water Act, 33 USC 1344) only.
Section 10 (River and Harbor Act of 1899) only.
Autl~orization: Regional General Permit Number
39 Nationwide Permit Number
Any violation of the conditions of the Regional General or Nationwide Permit referenced above may
subject the permittee to a stop work order, a restoration order, and/or appropriate legal action.
This Department of the Army Regional General Permit or Nationwide Permit verification does not
relieve the permittee of the responsibility to obtain any other required Federal, State, or local
approvals/permits. The permittee may need to contact appropriate State and local agencies before
beginning work. If you have any questions regarding the Corps of Engineers regulatory program,
please contact _ Kevin Yates at telephone number. (9191 876 - 8441 extension 30
Regulatory Project Manager Signature
Date July 15 2004 Expiration Date July 15, 2006
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORM, ETC., MUST BE ATTACHED
TO THE YELLOW (FILE) COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.

~~~k
Nllchaal F. Easley, Governor
William 4. Roes Jr., Secretary
0~0~ w a rF9P
(~ North CamGne Department of Envlronrnent end Natural Resources
~ ~ Alan W. Klimek, P. E. Director
~ Division of Water Quellry
O ~
Colaen H. 5ulline, Deputy Director
Division of Water Quality
November 10, 2003
DWC~ Project No. 03-1342
Nash County
Page 1 of 3
E. Norman Davis• Son, Inc.
PO Box 7635
Rocky Mount, NC 27804
Subject Property' Section 4 -South Park Village Drive, Rocky Mount, NC 27904
Little Cokey Swamp (030303, 28-83-3-1, C NSW)
APPROVAL of 401 Water Quality Certiflcatlon and AUTHORIZATION CERTIFICATE per the 7'ar Pamlico River
Buffer Protection RuleB (15A NCAC 29 .0259) with ADDITIONAL CONDITIONS
Dear Mr. Davis
You have our approval, In accordance with the attached conditions and those listed below, to plact3 fill within or
otherwise impact 83 feet of intermittent streams and 0.1 a acres of protected riparian butlers for ih~6 purpose of
constructing a road and wet water quality pond at the subject properly, as described within your application dated
10/30/03. After reviewing your application, we have decided that the impacts are covered by the I.C. Division of Water
Quality (DWQ) General Water Quality Certification Number(s) 3404 (GC3404). The Certification(s) allows you to uae
Nationwide Permit(s) 14 when issued by the US Army Corps of Engineers (USAGE). This letter sFtall also act as your
approved Authorization Certificate for impacts to the protected riparian butters per 15A NCAC 28 ,0259. In addition,
you should obtain or otherwise comply with any other required federal, state or local permits befort3 you go ahead with
your project including (but not limited to) Erosion and Sediment Control, Non discharge, and Land Quality regulations.
Also, this approval will expire when the accompanying 404 permit expires unless otherwise specificd in the General
Certification.
This approval is only valid for the purposo 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 o1 this Certification and approval letter and is thereby responsible for complying with all conditions. II
total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stre:tm, compensatory
mitigation may be required as described In 15A NCAC 2H .0506 (h), For this approval to be valid, you must follow the
conditions listed in the attached certification and any additional conditions listed below,
Conditions:
1. Erosion 8 Sediment Control Practices
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 orclsr to protect surface
waters standards;
a. The erosion and sediment control measures Ior the project must be designed, installed, operated, and
maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Confrol
Planning and Design Manual.
b, The design, installation, operation, and maintenance of the sediment and erasion control measures must
be such that they equal, or exceed, the requirements specified in the most recent version of the Norfh
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, Fo- borrow pit sites, the erosion and sediment control measures must be designed, Installed, operated, and
maintained in accordance with the most recent version of the North Carolina Surface Mining Manual.
NortY+ Caroline Div1810n 01 Wet6r Quality, W ETI.ANDS / 401 UNIT
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location) r-,1 ~. ~ ~ ~r~~
1650 Meil Service Center, Raleigh, NC 27688.1650 (Mailing Address) 1 _ --- • • ,
919-733-1788 (phone), 919-f33•AA93 (tax), http~//h2o.enr.stete.nc.us/ncwetlands ~~- / 7 - U-'~ .

E. Norman Davis
Page 1 of 3
11 / 10/03
d, The reclamation measures and implementation must comply with the reclamation in accordance with the
requirements of the Sedimentation Pollution Control Act,
2. No Waste, Spoil, Solids, or Fill of Any
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the Iootprint of the
Impacts depicted in the Preconstruction Notice Application. All construction activitiesemenaF'rdcticese shall be
installation, operation, and maintenance of sediment and erosion control Best Manag
performed so that no violations of state water quality standards, statutes, or rules occur,
3. No Sediment ~ Erosion Control Measures w/n Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent
practicebled of ndlthe natural geode restoned with~n Ix mon h5vof the date that the t) v lion of t_and Resolurces hasali
be remo
released the project,
4, Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicablf3 Buffer Rules, and any
subsequent modifications, the applicant is required to return the attached certificate of CorMpletlon to the
401/Wetlands Unit, North Carolina Division of Water Quality, 1850 Mail Service Center, Raleigh, NC, 27699-1650.
5. Diffuse Flow
An additional Condition is that all stormwater shall be directed as diffuse flow atnon-erosive vellocities through the
protected stream butlers and will not re•concentrate before discharging into the stream as Identified within 15A NCAC
28.0259(5).
6. Protective Fencing
The outside buffer, wetland or water boundary and along the construction corridor within theses boundaries approved
under this authorization shall be clearly marked with orange fabric fencing (or similar high vlsldillty material) for the
areas that have been approved to infringe within the buffer, wetland or water. This fencing shill be installed prior to any
land disturbing activities to ensure compliance with 15A NCAC 28 .0259 and GC 3404. The prlotective fencing should
be removed once construction is complete.
7. Buffer Replanting
Replanting of vegetation within disturbed areas located within 30 feet of the shoreline nor coastal wetland
(whichever is more landward) associated with road installation, repair, replacement arldlor maintenance must
be done in an "in kind" manner immediately following construction. (Example: Disturbed areas with pre-
existing grassed lawns must be replanted with grass, Disturbed areas with pre-existing trees or woody
vegetation must be replanted with trees and woody vegetation. Disturbed areas with pre-existing forest
vegetation must be replanted with forest vegetation including at least two different native hardwood tree
species at a density sufficient to provide 320 trees per acre at maturity. This density can usually be achieved
by planting approximately 436 (10 x 10 spacing) to 681 (8 x e spacing) trees per acre.)
8. Deed Notifications
Deed notifications or similar mechanisms shall be placed on all properties and lots with 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 buff~ors approved for impact
under this Certilicatlon Approval and Authorization Certificate. You can obtain a copy of a sample deed notification
from our web site or by contacting the DWQ.
Violations of any Condition herein set forth may result in revocation of this Certification and may result in criminal and/or
civil penalties. This Certification shell become null and void unless the above conditions are made conditions of the

E. Norman Uavis
Page 1 of 3
11 /10/03
Federal 404 and/or coastal Area Management Act Permit.
LAMA permit.
This Certification shall expire upon expiration of the 404 or
If you do not accApt 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 1506 0l the North Caroline 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.
Any disputes over detarminatians 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 t0 revie~N as provided in
Articles 3 and 4 of G.S. 1508.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act and the Tar
Pamlico riparian buffer protection rule as described within 15A NCAC 2B .0259. If you have any questions, please
telephone John Dorney at 919-733-9646 or Bob Zarzecki at 919-733-9726.
Sincerely,
Attachments: Certificate of Completion
GC 3404
Cc: USACE Raleigh Regulatory Field Office
DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Central Files
~C V ~
Klimek, P.E.,
), Director
OWQ # 03.1342
Date: 1 t/10/03
mch

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