19990870 Ver 1_COMPLETE FILE_19990730

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Kerr T. Stevens, Director
/ • •
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
August 18, 1999
Johnston County
DWQ Project # 990870
APPROVAL of Neuse River Buffer Rules
Donnie Adams
1023C West Market Street
Smithfield NC 27577
Dear Mr. Adams:
You have our approval, to develop Gardens Section 2B at Flowers Plantation, as you described in
your application dated July 20, 1999. After reviewing your application, we have decided that this project is
covered by the Neuse River buffer rules (15A NCAC 2B .0233). 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 is only valid for the purpose and design that you described in your application. If
you change your project, you must notify us and send us a new application. If the property is sold, the new
owner must be given a copy of this approval letter and is thereby responsible for complying with all
conditions.
If you do not accept any of the conditions of this approval, 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, NC 27611-7447. This approval 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 the Neuse River buffer
rules. If you any questions, please telephone John Dorney at 919-733-9646.
P re
e . Stevens
cc: Wilmington District Corps of Engineers
Corps of Engineers Raleigh Field Office
Raleigh DWQ Regional Office
Mr. John Dorney
Central Files
990870.1tr
Wetlands/401 Unit 4401 Reedy Creek Road Raleigh, North Carolina 27607
Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post consumer paper

Dennis Ray Blackmon, R.L.S.
0" 454'
t_- ?_-.
1023C W. Market Street 1 c_`)
PO Box 1401
Smithfield, NC 27577
July 14, 1999 John Dorney
DWQ Wetlands/401 Unit
4401 Reedy Creek Road
Raleigh, N.C. 27607
Subject: Gardens Section 2B at Flowers Plantation
Pre-Construction Notification Application
Dear Mr. Dorney,
Telephone [phone]
Fax [phone]
Please find enclosed seven copies of the Pre-Construction Notification Application for
the Gardens Section 2B property located on SR 1704 approximately 2800 linear feet
south from the intersection of SR 1704 and SR 1703. This letter is to inform you of the
Riparian Buffer Impact caused by this development. There is a total of .019 Ac. of
Riparian Buffer Impact.
If you have any questions or need any additional information, please give me a call at
919-934-3490.
Sincerely,
/';! - AL
Donnie Adams, E.I.T.
DWQ ID:
CORPS ACTION ID:
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #)
PRE-CONSTRUCTION NOTIFICATION APPLICATION
FOR NATIONWIDE PERMITS THAT REQUIRE:
1) NOTIFICATION TO THE CORPS OF ENGINEERS
2) APPLICATION FOR SECTION 401 CERTIFCATION
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 MUST BE SENT TO THE NC DIVISION OF WATER
QUALITY, ATTN: JOHN DORNEY, 4401 REEDY CREEK ROAD,
RALEIGH, NC 27607. PLEASE PRINT OR TYPE.
1. OWNER'S NAME: /? 4_ se ! 1/<, 0%-' ?&? 4?" LLG
2. MAILING ADDRESS:
le sU
6a-clenJ .S'e°c'.-' Z
SUBDIVISION NAME n f F/c v ors //o., 7.1,c-l
CITY: STATE: ZIP CODE: Z 7 s'Z d
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVVSION NAME (IF DIFFERENT FRO??
MAILING rADDRESS /ABOVE): 6a en ,t Sic ic., Z c /-1 f /rlO tJ er/s C? "rte
?d?wSiy? C own ?? Q, ie J 7d yZ?cTC? j -?v wT? d? ?n to/SPC ?tc U? ?Ji 52/703
3. TELEPHONE NUMBER: (HOME)
(WORK) t7191,gg- 05'97
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER: r I la ///
/ G r it d b c? f-14
11`y31 ! 70 l.fPS?
LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC
MAP OR AERIAL PHOTOGRAPHY WITH SCALE):
COUNTY: ?Jd ?tns8. - NEAREST TOWN: ??^
SPECIFIC LOCATION (INCLUDE ROAD NUMSERS, LANDMARKS, ECT.)
.SV f 7d ?l t Z kav'
70 3
6. IMPACTED OR NEAREST STREAMIRIVER: IS,
RIVER BASIN: lll?a s 6
7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER, (SA),
HIGH QUALITY WATERS (HQW), OUTSTANDING WOURSE WATERS (ORW), WATER
SUPPLY (WS-I OR WS-II)? YES ( ) NO ( IF YES. EXPLAIN:
7b_ IS THE PROJECT LOCATED WTTHIN A NORTH CAROLINA DIVISION OF COAST
MANAGEMENT AREA OF ENVIROMENTAL CONCERN (AEC)? YES ( ) NO ( )
7c. IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR LIST
COASTAL COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION?
8a. HAVE ANY SECTION 404 TyfITS BEEN PREVIOUSLY REQUESTED FOR USE ON PHIS
PROJECT? YES ( ) NO (. IF YES, PROVIDE ACTION I.D. NUMBER OF PREVIOUS
PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401
CERTIFICATION):
8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN TIC
FUTURE? YES %( /5'NOO ( ) IF YES, DESCRIBE ANTICIPATED WORK: -;'f C..-e/ e .,-e
?! a n .s . f? C? ? ? .? _S Cc f?.t c..r r??ct r nK9 ? ?G' a, T r is Z„!-, ,?`r r n
Ser-i e k4f 4'-' S" t -1
20 4, 1 e,, 4
9a. ESTIMATED TOTAL NUMBERS OF ACRES IN TRACT OF LAND: -& ,?; ell,
9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
1Qa. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
FILLING:
EXCAVATION:
FLOODING: OTHER :
DRAINAGE : TOTAL ACRES TO BE IMPACTED:
4:f) !I ; .??a r/a/
10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF
RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION:
LENGTH BEFORE: FT AFTER: FT
WIDTH BEFORE (based on normal high water contours):
FT
AVER.,kGE DEPTH BEFORE: FT AFTER: FT
Ap///
(2) STREAM CHANNEL 2v1PACTS WILL RESULT FROM: (CHECK ALL THAT APPLY)
OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE IN CHANNEL: --
CHANNEL EXCAVATION: COONSTRUCTION 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 F- PECTED
POND SURFACE AREA?
12. DISCTIPTION OF PROPOSED WORK INCLUDLVG DISCUSSION OF TYPE OF MECHANICAL
EOUIPNJ=TO BE USED? (ATTACH PLANS, Sj/,? By 1? DRAWINGS ONLY)
ly
al'J s/,
P

I ? /?,+ / ! r n eio P`?s /? z. a a "/fGr -' tj 1 iC ?t lea ?ess -A?
% ' O'ct?src?G &e .,/Li, ??7AO?yt g p di Ace .rd `1iwlI-,
?e /.n?/J?r?rc? G1`i.r? ?e,s.../?r . t rtr// G'?.d/9?c ,Q? ?' x.c? ?d •?,? s''C'1?6u??ei
13. PURPOSE OF PROPOSED WORK:
..S bar??5. Mfr
14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN
WETLANDS (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS)
.f/? ci e /a.ds / --t
15. YOU ARE REQUIRED TO CONTACT THE US FISH AND WILDLIFE SERVICE AND/OR
NATIONAL MARINE FISHERIES SERIVE REGARDING THE PRESENCE OF ANY FEDERALY
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:
??' YJ ? - `fcS Ld
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER
(SHPO) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA
WHICH MAY BE AFFECTED?y THE P
?a OPOSED PROJECT. DATE CONTACTED
7/? 9 9 s , ?( I?J?? 7-tJ - V 74, 3
17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OT THE USE OF
PUBLIC (STATE) LAND? YES ( ) NO NO, GO TO 16)
a• IF YES, DOES THE PROJECT REQUIRE PREPERATION OF AN ENVIRONMENTAL
DOCUMENT PURUANI' TO THE REQUIREMENTS OF THE NORTH CAROLINA
ENVIRONMENTAL, POLICY ACT? YES ( ) NO ( )
b. IF YES, HAS THE DOCUMENT BEEN REFIEWED THROUGH THE NORTH CAROLINA
DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE YES ( ) NO ( )
IF ANSWER 17b IS YES, THEN SUBMIT APPROPRIA'T'E DOCUMENTATIONFROM THE STATE
CLEARINGHOUSE 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 OF 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 STREAM (INTERMITTENT AND PERMANENT) ON THE PROPERTY
MUST BE SHOWN ON THE MAP MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET
OF 1 INCH EQUALS 100 FEET OF THEIR EQUIVALENT.
b. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED
BY PRODUCT.
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 PL IF
e. WHAT IS LAND USE OF SURROUNDING PROPOERTY? wQ?.
F_5
f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? -4/?
g. SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE.
NOTE: WTLANDS OR WATERS OF THE US 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 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,
DATE
(AGENT'S SIGNATURE VALID ONLY
IF AUTHORIZATION LETTER FROM
THE OWNER IS PROVIDED).
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u; X13- J9 IHL 09:19 FA_i 1 919 356 4.556 liSFxS-RALEIGH-NC
Fish and Wildlife Service
Ecological Services
Post Office Box 33726
Raleigh, North Carolina 27636-3726
FAX COVER SHEE'N'
TO: Lls._
FAX #: c? uc-
DATE:
C ITT
NUMBER. OF PAGES (INCLUDES COVER SHEET):
TELEPHONE NU-1KBER: 919-856-4520 EXT: 0
:FAX NUMEER: 919-856-4556
PER PHONE REQUEST - FAX IS THE NORTH CAROLINA'S
'FEDERALLY LISTED AND PROPOSED ENDANGERED,
THREATENED AND CANDIDATE SP C ES AND FEDERAL
SPECIES OF CONCERN LIST FOR COYJNTY.
[a 0(.i1
0.:.15.99 THU 09:20 FAX [phone]i6 iSFttS-RALEIGH,NC 0(102
KEY:
Status Definition -
Endangered
Threatened A taxon "in danger of extinction throughout all or a significant portion of its range."
A taxon "likely to become endan
ered wi
hi
h
g
t
n t
e foreseeable future throughout all or a
significant portion of its range."
Proposed
C 1 A taxon proposed for official listing as endangered or threatened.
A tzxon under consideration for official listing for which there is sufficient i
f
i
n
ormat
on to
support listing.
FSC A Federal species of conce;n__a species that may or may not be listed in the future (formerly
C2 candidat
i
e spec
es or specics under consideration for listing for which there is insuf
i
i
f
c
ent
information to support listing).
T(SiA) Threatened due to similarity of appearance (e.g., American alligator )--a 5pecies
threarened due to similarity of appearance. with other rare species and is listed for its protection
Th
i
.
ese spec
es are not biologically endangered or threatened and arc not subject to Section 7
consultation.
EL? A raxon that is listed as experimental (either essential or nonessential). Experimental
,
nonessential endangered species red wolf) are treated as threatened on public land
for
,
consultation purposes, and as specics proposed for listing, on private ;and.
Species with 1, 2, ;, or 4 asterisks beaind them indicate histcrie_ obscure, or incidental records.
'Historic record - the st)ecies was last observed in the county morn than 50 years ago.
" "Obscure record - the date anchor location of observarion is uncertain.
""IncidentaL/migrant record - tae species was obssn ?d outside of
"""Historic record - obscure and incidental record, ? its normal range or'?.bit?t,
'In the November 4, 1997,1=ederal Regrsrer (55822-55825), the northern popularior, of the boc- turtle (from New
York south to Maryland) was listed as T (threatened), and the southern population (from Virginia sou :h to Georgia)
was listed as T(5.- q) (threatened due to smilarity of appearance). The T(SrA) designation bans the collection and
interstate and international commercial trade of bog, tu rtles from the southern
population. The T(S/A) designation
has no effect on land-management -activities by private landowners in Nosh Carolina, part of the southern
population of the species. In addition. to its official stars as T(5;A), the U.S. Fish and' Wildlife Service considers
the southern population of the bog turtle as a Federal species of concern due to habitat lots,
;flay 14, 199
Page 51 of 5
tl P 1? 99 : THI: 09:20 FAI 1 919 856 4556 USFIVS-RALEIGH, \C U003
ENDANGERED, THREATENED, AND CANDIDATE SPECIES AND FEDERAL
SPECIES OF CONCER\T, RX COUNTY, IN NORTH CAROLINA
This list was adapted from the North Carolina Natural Heritage Program's County Species List, It is a listil-ig
of North Carolina's federally listed and proposed endangered; threatened, and candidate species and Federal
species of concern (for a eoriplete list of rare species in the state, please contact the North Carolina Natural
Heritage Program). The information in this list is compiled from a variety of sources, including field
surveys, museums and herbariums, literature, and personal communications. The North Carolina Natural
Heritage Program's database is dynamic, with new records being added and old records being revised as new
information is received. Please note that this list cannot be considered a definitive record or listed species
and Federal species of concern, and it should not be considered a substitute for field surveys.
Critical habitat: Critical habitat is noted, with a description, for the counties where it is designated.
Aquatic species: Fishes and aquatic invertebrates are noted for counties where they a-,-. known to occur.
However, projects may have effects on downstream aquatic systems in adjacent counties.
Sea turtles: Sea turtles occur in coastal waters and nest along beaches. This list includes sea turtles
in the counties where they are known to nest. The U.S. Fish and Wildlife Scr,,ice has
juri_diction over sea turtle issues on terrestrial systems; the National Marine Fisheries
Service has authority over sea turtles in coastal waters.
Manatees: Manatees occur throughout North Carolina's coastal waters: this list includes manatees
in counties where there are knov n concentrations. The U.S. Fish and Wildlife Ser%,ice has
consultation and recovery responsibility for manatee;.
COMMON NAME SCIENTIFIC NANE STATES
6r' 15 99 THU 09:21 FAT 1 919 856 4.3.56 USFWS-RALEIGH,NC.
COINIMON NAME SCIENTIFIC NAME STATES
Vascular Plants
Fraser fir Abies• fr-as•eri F'SC
Mountain bittercress Cardarnine clernatitis FSC
Manhart's sedge
" Care.-v manhariii FSC
tall larkspur Delphinhan e.zaltaturn FSC
Glade spurge Euphorbia purpurea FSC
Swamp pink Relonias bullata Threatened
Small-whorled nogonia .Isotria rnedeoloides Threatened
Butternut Juglans cinerea FSC
Fraser's loosestrife Lysimaehia fraseri FSC
Sweet pinesap Wonotropsis odorata FSC
Carolina saxifrage Savirraga caroliniana FSC
Divided-leaf ragwort Senecio ?nillgfoliurrr FSC
Mountain catchfly SilerzG? ovata FSC
Nonvascular Plants
Gorge moss Bryocru7nia vivicolor FSC
Rock grome lichen Cvrnnoderma lineare Endangered
A liver~Nort Plagiochila sullivantii var. spinigera FSC
A liverwort Plagiochila sullivantii var. sullivantii FSC
A liverwort Plagiochila virginica var, caroliniana FSC
A liverwort Spherrolobopsis pearsonii FSC
JOHNSTON COUNTY
Vertebrates
Pinewoods shiner Lythrurus rnatutinus FSC
Red-cockaded woodpecker Picoides borealis Endangered
Invertebrates
Dwarf wedge tnusscl Alasnzidonta heterodon
Endangered
Yellow lance Elliptic lanceolata FSC
Tar spinymussel Elliptic steinstansana Endangered
Atlantic pigtoe Fusconaia rnasoni FSC
Yellow larnpmussel Larnpsilis cariosa FSC
Green floater Lasmigona subviridis FSC
Tar River crayfish Procambarus medialis FSC
Vascular Plants
Michaux's sumac Rhus rnichauxii Endangered*
Spring-flowering goldenrod Solidago verna FSC
Carolina asphodel Tofteldia glabra FSC*
Carolina least trillium Trillitan pusillurn var. pusillum FSC
000-1
A1ay 14, 1999 Page 26 of 51