20000706 Ver 1_COMPLETE FILE_20000526

of North Carolina
Iment of Environment
itural Resources
of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
June 2, 2000
Wake County
DWQ Project # 000706
APPROVAL of 401 Water Quality Certification and Neuse Buffer Rules
Kimmon Place Associates
c/o Bob Pace
2804 Kimmon Way
Wake Forest, NC 27587
Dear Sirs:
You have our approval, in accordance with the attached conditions, to impact 80 feet of stream channel and
associated riparian buffer in Wake County for the purpose of road crossing construction as you described in your
application received by the Division of Water Quality on May 26, 2000. After reviewing, your application, we have
determined that this action is covered by General Water Quality Certification Number 3103. This Certification allows you
to use Nationwide Permit Number 14 when issued by the U.S. Army Corps of Engineers. This approval is also valid for 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, Non-Discharge and Water
Supply Watershed regulations. Also this approval will expire when the accompanying 404 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 yoµ 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.
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 919-733-9646.
R'.Stee ns
Attachment
cc: Corps of Engineers Raleigh Field Office
Raleigh DWQ Regional Office
File Copy
Central Files 000706
Division of Water Quality • Non-Discharge Branch
1621 Mail Service Center, Raleigh, NC 27699-1621 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper
http://h2o.enr.state.nc.us/wetiandc.html
401 1a
DWQ ID: ()0070f) CORPS ACTION ID:
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #)
PRE-CONSTRUCTION NOTIFICATION
FOR NATIONWIDE PERMITS THAT REQUIRE:
HAY 2 6 ?nno
1) NOTIFICATION TO THE CORPS OF ENGINEERS
2) APPLICATION FOR SECTION 401 CERTIFCATION
3) COORDINATION WITH THE NC DIVISION OF COASTAL. MANAGEMENT

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SEND THE ORIGINAL A14D'(I) 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: zK1 rYl MQAI ,PU76i5 4!&5oGI fi7"ES
2. MAILING ADDRESS: _W04 /? ?mrvtnnJ !?J/?y .4f« SST /
SUBDIVISION NAM Z< /M MOAJ
CITY: I'VAVE >?RLCSt' STATE: All ZIP CODE. --:!?,
PROJECT LOCATION ADDRESS, IN U,DIN SUBD S14 (IF DIFFERENT FROM
MAILING ADDRESS ABOVE): rankly, j2, &MO d 4=14'a fi l
3. TELEPHONE NUMBER: (HOME) (WORK) ?6?
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER:
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC
MAP OR AERIAL PHOTOGRAPHY WITH SCALE): .
jAJ
COUNTY: NEAREST A'??SRANV/t-ice NEAREST TOWN:
iO
1.
6. IMPACTED OR NEAREST STREANI/RIVER: i DR.S%E l E „ c
RIVER BASIN: ,- Mw-5F 9) 7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL, SALTWATER, (SA),
HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURSE WATERS (ORW), WATER
SUPPLY(WS=I"OR WS-41)? -YES ( ) NO . (?) IF YES. EXPLAIN:
7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF C ASTAL
MANAGEMENT AREA OF BNVIROMBNTAL CONCERN (ABC)? YES ( ) NO (\ )
7c. 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?
8a. HAVE ANY SECTION AAA PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROJECT? YES ( ) NO IF YES, PROVIDE ACTION I.D. NUMBER OF PREVIOUS
PERMIT AND ANY ADDiTI N INFORMATION ( INCLUDE PHOTOCOPY OF 401
CERTIFICATION):
8b. ARE ADDITIONAL PERKT REQUESTS EOECTED FOR THIS PROPERTY IN THE
FUTURE? YES( ) NO ) IF YES, DESCRIBE ANTICIPATED WORK:
9a. ESTIMATED TOTAL NUMBERS OP ACRES IN TRACT OF LAND: /,z 3, 7 Acae.
9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
10a. NUMBER OF ACRES OF WETLANDS ImpACTED BY THE PROPOSED PROJECT BY:
10 pi x y A( pvJA = 0, 00,93 /,1cres

SPECIFIC LOCATION ONCLUDE ROAD'NUhMERS. LANDMARKS. ACT.) 0I * l Ney4kt
FQ,.IjNG:
V
EXCA'V'ATION:
FLOODING: OTHER :
DRAINAGE : TOTAL ACRES TO BE IMPACTED:
lob. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT {IF
RELOCATED, PROVIDE DIS'T'ANCE BOTH BEFORE AND AFTER RELOCATION:
LENGTH BEFORE: ZZQ FT AFTER. FT
WIDTH BEFORE (based on normal high water contours): -3 / FT
AVERAGE DEPTH BEFORE: FI' AFTER. FT
(2) STREAM CHANNEL. IMPACTS 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 SME OF THE WATERSHED
DRAINING TO THE POND? WHAT IS THE EXPECTED
POND SURFACE AREA?
12. DISCTIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL
EQUIPMENT TO BE USED? (ATTACH PLANS: 8112 BY 11 DRAWINGS ONLY)
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14, STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN
WETLANDS (INCLUDE ANY MEASURES T KEN TO MINIMIZE WETLAND IMPACTS)
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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:
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 BY THE PROPOSED PROJECT. DATE CONTACTED
17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OT THE USE OF
PUBLIC (STATE) LAND? YES ( } NO (A) (IF NO, GO TO 16)
a: If- YES, DOES THE PROJECT REQUIRE PREPERA77ON OF AN ENVIRONMENTAL
DOCUMENT PURUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA
ENVIRONMENTAL POLICY ACT? YES ( } NO Q?)
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 APPROPRIATE DOCUMENTA71ONFROM 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 I 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 PLAN IF REQUIRED.
c. WHAT IS LAND USE OF SURROUNDING PROPOERTY?
R631 o cA.4i ?? ??r.3A1 y_Ii:l)4/ ,

f, IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
g. SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE.
NOTE:
WTLANDS OR WATERS OF THE US MAY NOT BE IMPACTED PRIOR TO:
I) 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 'I`N NOlk'1 T CAROUNA COASTAL
MANAGEMENT PROGRAM,
DATE

(AGENT'S SIGNATURE VALID ONLY
IF AUTHORIZATION LETTER FROM
THE OWNER IS PROVIDED).
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April 12, 2000
W. Graham Cawthorne
Cawthorne, Moss, & Panciera
239 East Owens St.
Post Office Box 1253
Wake Forest, N.C. 27588
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
RALEIGH REGIONAL OFFICE
Subject: Neuse River Basin
Riparian Buffer Rules
Kimmon Places Associates
NBRRO 00-077
Wake, Franklin, Granville Counties
Dear Mr. Cawthorne:
On March 17, 2000, I met with you at the subject property to conduct an evaluation of the stream features
present to determine whether the site would require compliance with the Neuse Buffer Rule. This specific
project is referenced by the Raleigh Regional Office as NBRRO 99-077.
The features represented on the Wake, Franklin, Granville County Soils and the USGS maps were
evaluated to determine their subjectivity to the Neuse Buffer Rule. It was determined from the site visit
that the there are several features present on this property that are subject to the Neuse River Basin: Nutrient
Sensitive Waters Management Strategy; Protection and Maintenance of Existing Riparian Areas,
Administrative Code T15A:02B.0233 (NCAC 0233). The required buffer protection is delineated around
the pond and the other features on the map received by this Office on March 19, 2000.
Thank you for your attention to this matter and if this Office can be of any assistance or if you have
additional questions, please do not hesitate to contact us. This letter only addresses the applicability of the
Neuse Riparian Buffer.

cc: RRO/John Dorney
- - ' Land Quality
H:\nbrlet.f6r\99nbr\kimmon.077

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Sincerely,
Steve Mitchell
Environmental Scientist
-?" 1628 MAIL SERVICE CENTERS RALEIGH, NORTH CAROLINA 27699-1628
` r PHONE [phone] FAX [phone]
- -- - AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST-CONSUMER PAPER

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Cawthorne, Moss & Panciera, P.C., Registered Land Surveyors
W. Graham Cawthorne, Jr. RLS L-2923
Michael A. Moss, RLS L-3794
Jason L. Panciera, RLS L-3835
239 E: Owen Ave.
PO Box 1253
Wake Forest, North Carolina 27587
May 25, 2000
Mr. John Dorney
NCDEHNR
Division of Water Quality
4401 Reedy Creek Rd.
Raleigh, NC 27607
RE: Neuse Riparian Buffer - NBRRO-00-077
Dear Mr. Dorney,
Telephone [phone]
Fax [phone]
PAYMENT
RECEIVED
ia?ATF, .nrar f.
000700
Please review the preconstruction notification application for a new public road
crossing of the Neuse Riparian Buffer in Kimmon Place Subdivision. This road crossing
will be the only location where the Neuse Riparian Buffer or any wetlands will be
disturbed. We have selected this location because we believe this location will have the
least impact on the stream. The pond just below this crossing will also act as a filter to
help protect downstream waters. All wetlands within this project will be protected within
the open space that will be deeded to a homeowner's association. The homeowner's
association will be required to preserve these areas in their natural state.
Please contact me with any questions or concerns you may have. Thank you for
your time and attention to this matter.
Sincerely,
W. Graham Cawthorne, h
WGC/sel
encl.