20041866 Ver 1_COMPLETE FILE_20041122

OF \,NA Michael F. Easley, Governor
p William G. Ross Jr., Secretary
'0 North Carolina Department of Environment and Natural Resources
co (&
>r-t Alan W. Klimek, P.E.,Director
p Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
M r::3 r--\ r3 n n n r= r-t
December 20, 2004 av DEC 2 9 2004 L
Derek W. Roberts
5027 E. Charter Oak Rd. DENR - WATER QUALITY
WETLANDS AND STOM, VATER BRANCH
Scottsdale, AZ 85254
SUBJECT: Approval of 401 Water Quality Certification
and Additional Conditions
Lot # 5 Middle Pointe Village
DWQ Project # 041866
Pender County
Dear Mr. Roberts:
You have our approval, in accordance with the attached conditions (WQC # 3402) to conduct the
following activity located on your property at Lot # 5 Middle Pointe Village, Hampstead, in Pender
County. This approval allows you to:
Fill 0.09 acre of 404/401 wetlands for a driveway crossing (2 sections of the crossing will be
approximately 70' X 17' and the remaining section includes a retaining wall will be
approximately 160' X 12').
This approval is only valid for the purpose and design that you described in you Pre-Construction
Notification (PCN) application received as complete by the Division of Water Quality (DWQ) on
November 22, 2004. After reviewing your application, we have determined that General Water Quality
Certification Number 3404 covers this activity. This Certification can also be found on line at:
http://h2o.enr.state.nc.us/ncwetiands/certs.htnil. This Certification (#3402) allows you to use your 404
Permit when the Corps of Engineers issues it. Please keep in mind that there may be additional Federal,
State or Local regulations applicable to your project, such as (but not limited to) Sediment and Erosion
Control, Non-Discharge and Water Supply Watershed regulations, NPDES Stormwater and Coastal
Stormwater. In addition, this approval will expire when the accompanying 404 Permit expires
unless otherwise specified in the General Certification.
Please be aware that if you change or modify your project, you must notify the Division
(DWQ) in writing and you may be required to send us a new application for a new certification. If the
property is sold, the new owner must be given a copy of the 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). For this approval to be valid, you must follow the conditions listed in the attached certification
and the additional conditions listed below and on the following page:
N. C. Division of Water Quality 127 Cardinal Drive Extension [phone] Customer Service
Wilmington Regional Office Wilmington, NC 28405 [phone] Fax [phone] One
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper NorthCarolina
Nativallty
Page Two
Derek W. Roberts
DWQ Project # 041866
December 20, 2004
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian
areas beyond the footprint of the impacts depicted in the Pre-construction Notice
Application. All construction activities, including the design, installation, operation,
and maintenance of sediment and erosion control Best Management Practices, shall
be performed so that no violations of state water quality standards, statutes, or rules
occur; .
Deed notifications or similar mechanisms shall be placed on all remaining wetlands.
These mechanisms shall be in place within 30 days of the date of issuance of the 401
Certification letter or the issuance of the 404 Permit (whichever is later). A sample
deed notification format can be downloaded from the 401/Wetlands Unit Web site at
http://h2o.enr.state.nc.us/ncwetlands. Please send DWQ a copy of the deed
restriction;
3. Not to exceed 25% impervious surface for the size of the lot (See also condition # 4
in GC 3402 enclosed);
4. Upon completion of all work approved within the 401 Water Quality Certification or
applicable Buffer Rules, and any subsequent modifications, the applicant is required to
return the attached certificate of completion to this office and a copy to the
401 Oversight/Express Review Permitting Unit, North Carolina Division of Water
Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
Please notify this Office at the number listed below if any problem arises during the construction
of the project that may affect water quality.
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 conforming to Chapter 150B of the North Carolina General
Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C.
27699-6714. This certification and its conditions are final and binding unless you ask for a
hearing.
This letter completes the review of the DWQ Permit #041866 under Section 401 of the Clean
Water Act. If you have any questions, please telephone Joanne Steenhuis or Rick Shiver at 910-
395-3900.
Sincerely,
Alan W. Klimek, P.E., Director
Division of Water Quality
Attachments: GC # 3402
Certificate of Completion
cc: Corps of Engineers Wilmington Field Office - Lillette Granade
401 Oversight/Express Review Permitting Unit - Cyndi Karoly
CAMA LPO Pender County-
Central Files
WiRO
Triage Check List
Date: 6 U? Project Name: Dcv
DWQ#: U-) -- I1?6UCP
County: Pf rc_Q.'y
To: ? ARO Kevin Barnett ? WaRO Tom Steffens and Kyle Barnes
? FRO Ken Averitte q WiRO Noelle Lutheran
? MRO Alan Johnson ? WSRO Daryl Lamb
? RRO Mike Horan
From: ?LLL ? t ?? Telephone : (919)
The file attached is being forwarded toour for your evaluation.
Please call if you need as,'stance.
? Stream length impacted
? Stream determination
? Wetland determination and distance to blue-line surface waters on USFW topo maps
? Minimization/avoidance issues
? Buffer Rules (Meuse, Tar-Pamlico, Catawba, Randleman)
? Pond fill
? Mitigation Ratios
? Ditching .
? Are the stream and or wetland mitigation sites available and viable?
? Check drawings for accuracy
? Is the application consistent with pre-application meetings?
? Cumulative impact concern
Comments:
1? .
11 '

FILE COPY
Office Use Only: 4 l 8vC 6Fonn 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
PAYMENT
RECEIVED
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification
2. Nationwide, Regionafor General Permit Number(s) Requested: NWP 18
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: F1
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: ?
H. Applicant Information

1. Owner/Applicant Information N i j V 2 -994
Name: Derek W. Roberts
Mailing Address: 5027E Charter Oak Rd r.R?o??,k?r., ^
Telephone Number: [phone] C or [phone] H Fax Number: (602)! 953-9242
E-mail Address: derek a robertsba com
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: None
Company Affiliation:
Mailing Address:
Telephone Number: Fax Number:
E-mail Address:
Page 5 of 13
OF",.
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 ;Vlap and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Roberts Driveway -Lot 5
2. T.I.P. Project Number or State Project Number (NCDOT Only): NA
3. Property Identification Number (Tax PIN): Parcel Number 44491
4. Location
County: Pender Nearest Town: Hampstead
Subdivision name (include phase/lot number): Middle Pointe Village - Phase 2 - Lot 5
Directions to site (include road numbers, landmarks, etc.): Highway 17 north from
Wilmington. Continue north through Hampstead. Turn right onto Sloop Point Loop Rd.
Travel 1.2 miles and then turn right onto Middle Pointe Rd. Continue to the stop sign (a T-
intersection with Winward Landing Place). At the intersection, the lot is straight ahead.
5. Site coordinates, if available (UTM or Lat/Long): N34 23.595 W77 37.808
(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): 1.3
7. Nearest body of water (stream/river/sound/ocean/lake): Middle Creek
8. River Basin: Cape Fear
(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: This site (Lot 5) is currently undeveloped. The lot is located
in a sub-division. One adjacent lot (#6 currently has a house built upon it. Most of Lot 5 is
clear. A small grove of trees occupies the center portion of the lot.
Page 6 of 13
10. Describe the overall project in detail, including the type of equipment to be used:
A small driveway will be constructed to allow access to the rear (buildable) portion of the lot.
The driveway will cross 300 feet of wetlands and its footprint will cover .09 acres of the
wetlands. The driveway will be raised approximately 4 feet above ground level supported by
a combination of sloped-grade (2 sections each approx. 70 feet long and 17 feet wide) and
stone bulkhead retaining walls (160 feet long and 12 feet wide). A virtually clear path already
exists for the driveway. Only about 7 trees will need to be removed using a bulldozer. Once
the retaining wall is constructed, till dirt will be dumped into place and then graded and
packed by the bulldozer. A 24 inch culvert will be placed underneath the driveway and
through the retaining walls at the lowest ground point to allow free flow of surface water.
After filling the 160 foot portion of the driveway between the retaining walls, 70 feet of fill
(17 feet wide) will be dumped, graded and packed on either end of the retained segment to
complete the crossing.
11. Explain the purpose of the proposed work: This driveway will allow access to uplands at
the rear of the lot. This area is the only significant buildable site on the property.
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.
None
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.
No future permits anticipated.
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
Page 7 of 13

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: Clearing and introducing fill for the
driveway will impact less than. I of an acre of wetlands. Wetlands beyond this footprint will
remain untouched. Clearing and grading will only occur within the proposed footprint. A
culvert will allow surface water to freely flow from the higher wetland area on the west down
to the lower area on the east. Silt fencing will remain in place until grass is firmly established
on the sloped grade.
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**
(yes/no) Distance to
Nearest Stream
(linear feet)
Type of Wetland***
I Mechanized
Clearing 09 yes 250 forested Nvetland
2 Filling .09 yes 250 forested wetland
3 Grading .09 yes 250 forested 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.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local tloodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at http:/hr1kw. fenia Qov.
*** 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: .75 acre
Total area of wetland impact proposed: .09 acre
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 Impact Perennial or
Intermittent?
(please sec' )
None

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 losstgain),
Page 8 of 13
stabilization activities (cement vvalI, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles shoxring 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 (um attied 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
w???v.,_i •s.?ov. Several internet sites also allow direct doxvnload and printing of USGS maps (e.g., ???iu.tcForone.com,
w'NAv.mapqueA.c("m, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: None
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
Site Number
(indicate on ma)
TSpe of Impact* Area of
Impact
(acres)
Nance Wate) Type of Waterbody
(lake, pand estuary, sound,
bay, ocean, etc.)
None

• List each impact separately and identify temporary impacts. Impacts include, but are not limited to: till, excavation, dredging,
flooding, drainage, bulkheads, etc.
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.): None
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): None
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.
Since the uplands area in the rear portion of this lot is the only practical location on which to
build a driveway crossing is necessary to access it. Due to the shape of this lot, there is only one
narrow neck of land in the middle of the lot that can be used to access the rear of the property.
No other directions of access are available on this lot and due to the house position of the
Page 9 of 13
fS ,
adjacent neighbor to the west (built at the front of their lot), there is no opportunity to share a
driveway to the back. However, efforts have been taken to minimize impacts as much as
possible. Vertical retaining walls will to be used for approximately 160 linear feet of the
crossing. Due to the significant cost of such walls it is not feasible to install them for the entire
300 foot crossing. However, using them for over half of the distance will significantly reduce the
overall footprint of the project and the amount of wetlands disturbed.
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.
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://h2o. enr. state. nc. tis/ncwetl ands/strm;ide. html .
Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
Page 10 of 13
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.litm. 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): None
Amount of buffer mitigation requested (square feet): None
Amount of Riparian wetland mitigation requested (acres): None
Amount of Non-riparian wetland mitigation requested (acres): None
Amount of Coastal wetland mitigation requested (acres): None
LX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federaUstate) 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 E]
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 213 .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify V
Yes ? No ® If you answered "yes", provide the following information:
Page I1 of 13
,
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* Impact
(square feet) Multiplier Required
Mitigation
1 3
2 1.5
Total
* Zone 1 extends out 30 feet perpendicular tioin near hank of channel, Zone 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 J Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or.0260.
None
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.
nt
Total future impervious acreage for the lot will primarily consist of a dri_v_ewav_and_the footpri
for the house. Total impervious acreage is projected to be approximately .3 acres and the total lot
size is 1.3 acres. The house is located in an upland area.
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.
No significant wastewater should be Generated by the drivewav nroiect. In addition, the future
house will use a septic system that is located off of the property. This lot does not perk, so we
will pump to a septic system that resides on one of the upland lots.
XUL Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 211.0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application?
Yes ? No
Page 12 of 13
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).
None

,::?, 3v - o
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 13 of 13

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GRAPHIC SCALE
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Total Width 1
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Wetlands Impact
Site # 1, 2 and 3

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' Culvert
160' Stone Bulkhead
- Retaining Walt
Neighbor's
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6
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40' SETBA(

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LINE ?
70' Sloped
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Fotal Width 17'.
Wetlands Impact
Site # 1, 2 and 3
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GRAPHIC SCALE ?- - °?
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9 \
1YINDIYARD
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View from the front of the property (at the road).
The driveway would pass through the trees at the
red x .
""
'a 4a 4rr 4
?kw
ji, W,
View from the middle of the driveway (lowest
point) looking up to the rear of the property. The
driveway would pass through the trees at the red
L4xll
Vwz.Al
View from the middle of the driveway (lowest point)
looking back up to the front of the property. The
driveway would pass through the trees at the red "x".
T
N.
?-
f-A OF,
h
h .. RR «
View from the rear of the property looking back toward
the road. The driveway would pass through the trees at
the red "x".
Roberts Driveway - Lot 5
This is an example of the stone retaining wall to be
used for the middle portion of the driveway.