19990864 Ver 1_COMPLETE FILE_19990809

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
I 17kWAA
/ • •
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NC ENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
February 3, 2000
Johnston County
DWQ Project #: 990864
APPROVAL OF 401Quality Certification and ADDITIONAL CONDITIONS and Neuse River Buffer Rules
Mr. Fred Smith
4801 Harbour Towne Drive
Raleigh, NC 27604
Dear Mr. Smith:
You have our approval., in accordance with the attached conditions and those listed below, to impact 0.8 acres of waters to
develop a residential subdivision at Buffalo Creek subdivision, as you described in your application dated 28 December 1999.
After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3108.
This certification allows you to use Nationwide Permit Number 26 when the Corps of Engineers issues it. This approval is also
valid for the Neuse River buffer rules (15A NCAC 2B .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). This approval shall expire when the corresponding Nationwide Permit
expires or as otherwise provided in the General Certification. 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. Stormwater shall be directed to flow at non-erosive velocities across the entire protected stream buffers.
3. Development in lots 103-109 and 131-132 must comply with the Neuse River buffer rules.
4. Phase 6 of this development must comply with the Neuse River buffer rules.
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 919-733-9AAA.
i JSteve:'?l
Attachment
cc: Corps of Engineers Raleigh Field Office
Raleigh DWQ Regional Office
File copy
Central Files
Raleigh Division of Land Resources
John Phillips; Diehl and Phillips
990864.1tr
Division of Water Quality • Non-Discharge Branch
1621 Mail Service Center Raleigh NC 27669-1621 Telephone [phone] FAX # 733-995
An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper
DIEHL & PHILLIPS, P.A.
CONSULTING ENGINEERS (o\? WILLIAM C. DIEHL, P.E.
219 East Chatham Street }\? JOHN F. PHILLIPS, P.E.
Cary, North Carolina 27511 KQEI?THH,-P.E.
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1621 Mail Service Center <
Raleigh, NC 27699-1621 l1-R
Re: DWQ Project No. 990864 y 1 l < ?(
Buffalo Creek Subdivision, Johnston Co.
Dear Mr. Dorney:
In response to your request for additional information for the referenced project, please find enclosed three
copies of revised drawings for the proposed street in Phases 7 & 8. As you will note, we have relocated the
proposed street so that it has essentially no encroachment into the stream buffers or the wetlands. Phase 6
will not have any impacts on this stream as the required buffer ends downstream of the street in Phases 7 &
8.
Please contact us if you have any questions regarding the submitted information. We request you proceed
with the issuance of the 401 Certification for this project.
Yours very truly,
hillips, P.A.
Diehl &
P
y
JJ
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John F. Phillips, P.E.

Cc: Mr. Steve Mitchell, RRO w/enc.
Mr. Kevin Martin, w/enc. SP k w, e_.c piers G
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State of North Carolina
Department of Environment
and Natural Resources
Division of Water- Quality
James B, Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
CF..RT1F.Il'I) MAIL.-1 LTURN REECEIPT REQUESTED
Fred Smith
4801 Harbnur'fowne i?rivc.
Raleigh NC 27604
Dear.Mr. Smith:
September 21, .1999
DWQ Proicet # 990864
.Johnston County
The Division of Water Quality has reviewed your plans for the discharge of fill material into 0.08
acres of streams and/or wetlands located at Buffalo Creek subdivision at SR 1720 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. 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 .1 SA NCAC 2H.0507(e) <•ind will place this project on hold as incomplete until
we receive this 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 relocate your road so its not to impact the stream buffer? Also what impacts
are planned for Phase 6? A site plan with any relevant stream buffers will be needed. Any documentation
such as maps and narrative that you can supply to address alternative designs for your project may he
hclpful 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. Steve Mitchell, Raleigh Regional office at 3800 Barrett Drive Raleigh NC 27609.
If we do not hear from. you in. three weeks, we will assume that you no longer want to pursue this project
and we will consider the pro,iect as withdrawn. l can be reached at 919-733-9646 if you have any questions,
•erely,
c
o R. or cy
cc; 12aleigh DWQ Regionai Office
Wilirlittgton Office Corps of Engineers
Central Files
File CL)PY
Raleigh Field Office Corps of Engineers
Kevin Martin, S & E C
990864. my
WctlAnds/401. Unit 1621 Mail. Service Center Raleigh, North Carolina 27699-1621
Tee-phone 919-73,1-1.786 FAX [phone]
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State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
1 • •
NC ENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
September 21, 1999
DWQ Project # 990864
Johnston County
CERTIFIED MAIL-RETURN RECEIPT REQUESTED
Fred Smith
4801 Harbour Towne Drive
Raleigh NC 27604
Dear Mr. Smith:
The Division of Water Quality has reviewed your plans for the discharge of fill material into 0.08
acres of streams and/or wetlands located at Buffalo Creek subdivision at SR 1720 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. 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, 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 relocate your road so as not to impact the stream buffer? Also what impacts
are planned for Phase 6? A site plan with any relevant stream buffers 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. Steve Mitchell, Raleigh Regional Office at 3800 Barrett Drive Raleigh NC 27609.
If we do not hear from you in three 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 919-733-9646 if you have any questions.
:s erely,
o R. ?Domey
cc: Raleigh DWQ Regional Office
Wilmington Office Corps of Engineers
Central Files
File Copy
Raleigh Field Office Corps of Engineers
Kevin Martin, S & E C
990864.nty
Wetlands/401 Unit 1621 Mail Service Center Raleigh, North Carolina 27699-1621
Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post consumer paper
MEMORANDUM
TO: John Dorney
Non-Discharge Branch
Regional Contact: Steve Mitchell
WO Supervisor: Ken Schuster
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Buffalo Creek
Project Number 99 0864
Recvd From APP
Received Date 9/9/99
Project Type residential
County Johnston
County2
Region Raleigh
Certificates Stream Stream Impacts (ft.)
zW
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req.
. 0.08 F F-
26 F_O Y O N 27-42 F-c - NSW 30,402
i?BR r O T O ,? .
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? Q Y O N Did you request more info? Q Y O N
Have Project Changes/Conditions Been Discussed With Applicant? Q Y O N
Is Mitigation required? Q Y O N
Provided by Region: Latitude (ddmmss)
Recommendation: Q Issue O Issue/Cond O Deny
Longitude (ddmmss)
Comments:
Recoomend that ernecinn inrticated be moved out of the buffer and that the eject submit plans for
the entire project and all of the cumulative imparts There are a lot of features on this property that
are sub-aect to the Neuse Rules and those impacts have not be designed.
Recvd By Region 8/30/99
cc: Regional Office Page Number 1
Central Office

This is not a
August 6,1999
Job # 3637
Corps Action ID # 199820580
NCDEH & NR - DWQ US Army Corps of Engineers
Attn: Mr. John Dorney Attn: Ms. Jean Manuele
4401 Reedy Creek Road 6508 Falls of the Neuse Road, Suite 120
Raleigh, NC 27607 Raleigh, NC 27615
Re: Notification of Compliance with Neuse Basin Buffer Rules and request for
Nationwide Permits 26, Buffalo Creek Subdivision
Dear Mr. Dorney and Ms. Manuele:
The purpose of this letter is to request authorization of Nationwide Permit 26 for
0.08 acres, including 143 feet of channel. The project is located in Johnston
County east of Buffalo Creek and west of SR 1720 (see Site Plan and Vicinity
Map).
All impacts will result from the fill of jurisdictional waters for a residential road
(see Site Plan). The impacts are to areas subject to the Neuse Buffer Rules.
Impacts are less than 150' and 1/3 acre under NW 26 so notification is not
required for the use of this permit. Jean Manuele of the Corps approved this
wetland delineation. DWQ has not confirmed Buffers but the area in question is
shown on the USGS and County Soil Survey.
A map showing project impacts to jurisdictional areas is enclosed. Wetland
acreage impacts as proposed are below the DWQ 1 acre and 150' mitigation
thresholds. Buffer impacts total 0.25 acres and 143 linear feet. No mitigation for
buffers, wetlands or streams should be required.
Please contact us if you have any other questions.
Sincerely,
4-,,- f k??
Kevin C. Martin
No Application Fee is
KCM/edk
Wetland Delineation/Permitting/Mitigation Soil/Site Evaluations On-Site Septic Systems Environmental Assessments/Audits
Neuse Basin and Watershed Buffer Evaluations Groundwater Hydrology Endangered Species
Branch Office: 231 16th Avenue N.E. Hickory, North Carolina 28601 Phone: [phone] Fax: [phone]
Environmental Consultants,
Raleigh, North Carolina 27609 • Phone: [phone]
Web Page: www.SandEC.com
DWQ ID: Corps Action ID: 199820580
Nationwide Permit Requested (Provide Nationwide Permit ft 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. Owner's Name: Fred Smith Tr.
2. Mailing Address: 4801 Harbour Towne Drive
City: Raleigh State: NC Zip Code: 27604
Project location address, including subdivision name (if different from mailing address
above): east of Buffalo Creek west of SR 1720
3) Telephone Number (Home):
(Work): 231-2525 x401
4) If applicable, agent's name or responsible corporate official, address, phone
number:
Soil & Environmental Consultants, Inc. Phone: [phone]
244 West Millbrook Road Fax: [phone]
Raleigh, NC 27609
5. Location of work (provide a map, preferable a copy of USGS topographic map or
aerial photograph with scale):
Subdivision Name: Buffalo Creek
County: Johnston Nearest town or city: Clayton
Specific Location (include road numbers, landmarks, etc.):
East of Buffalo Creek, west of SR 1720 (See USGS attached.)
6. Impacted or nearest stream/river: Unnamed tributary of Buffalo Creek
River Basin: _ Neuse
7a. Is project located near water classified as trout, tidal saltwater (SA), high quality
waters (HQW), outstanding resource waters (ORW), water supply (WS-I or WS-
II)? YES E] 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 ?
7c.
8a. Have any Section 404 permits been previously requested for use on this property?
YES ? 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: future undesigned
Phases may require additional impacts for road crossings
9a. Estimated total number of acres in tract of land: 200
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
10a. Number of acres of wetlands impacted by the proposed project by:
Filling:
0.08
Flooding:
Drainage:
Excavation:
Other:
Total acres to be impacted: 0.08
10b. (1) Stream channel to be impacted by the proposed project (if relocated,
provide distance both before and after relocation):
Length before: 143'
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: N
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 8 1/2" x 11" drawings only):
Construction of a residential road by conventional methods
13. Purpose of proposed work: allow development of uplands for residential lots
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 is placed as
needed to meet maximum curve radius and allow for lots on each side.
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 Corps
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 Corps
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? Residential or Undeveloped
f. If applicable, what is proposed method of sewage disposal?
on-site septic systems
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.
J bgr/ 9_/ ¢i 2---
Owner's/?gents Si Date
(Agents signature valid only if Agent Authorization Letter from the owner is provided
(18 g.))
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04/29/98 15:06 FAX [phone] RIVERWOOD _ WJ UUZ
Soil &n?i?-anmental Consultants, Inc.
2/4 ??rest Millbrovk Road R Leigh, North Carolina 27609 ¦ [phone] ¦ Fax [phone]
AGENT AUTHORIZATION F0104
ALL BLANKS TO BE COMPLETED BY CURRENT LANDOWNER
Name:
Address:
Address:
_ rs ua
Phone: j - 05
Project Name/Description: R%%? 1
Date- z
The Department of the Army
U.S. Army Corps of Engineers
Wilmington District
PO Box 1890
Wilmington, NC 28402
Attn:
field Office:
Re: Wetlands Related. Consulting and Permitting
To whom it May Concern:
I, the current roe owner, hereby designate and authorize Soil and
Environmental Consultants, Inc. to act in my behalf as my agent in the processing of
permit applications, to furnish upon request supplemental information in support of
applications, etc. from this day forward. This the day of
This notification supersedes any previous correspondence concerning the agent for
this project.
Print Owners Name: Pro Vewneerrss Signature:
cc: Mr. John Dorney
NC DERNR-DEM
Water Quality Planning
4401 Reedy Creek Road
Raleigh, NC 27607
cc: Mr. Steve Roberts
Soil and Environmental Consultants, Iitc.
Soil/Site Evaluation IR Mapping and Physical Analysis ¦ Wetlands Mapping and Mitigation ¦ Environmental. At
On-Site Waste Treatment Systems, Evaluation and Design
240-40 616 • 01 ;.m
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