20010692 Ver 1_COMPLETE FILE_20010507

J_
t
Michael F. Easley
Governor
William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
Kerr T. Stevens
Division of Water Quality
May 15, 2001
DWQ# 01-0692
Duplin County
John C. Smith, Jr.
Post Office Box 417
Pink Hill, NC 28572
APPROVAL of 401 Water Quality Certification
Dear Mr. Smith:
You have our approval, in accordance with the attached conditions, to place fill in 145 linear feet of streams for the
purpose of pond construction on your property in Duplin County, as you described in your application received by the
Division of Water Quality on May 7, 2001. After reviewing your application, we have decided that this fill is covered by
General Water Quality Certification Number 3106. This Certification allows you to use Nationwide Permit 18 when the
Corps of Engineers issues it. 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. 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. If you change your
project, you must notify us 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.
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.
sincerely,
e r. Steve
Attachment
cc: Corps of Engineers Wilmington Regulatory Field Office
Wilmington DWQ Regional Office
File Copy
Central Files
North Carolina Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 276042260 (Location)
401 ISSUED

Office use [)illy: Form Version April 2001 01069.2 IJSACE Action 11) No. 1)NV
Q No.
--- -
If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than
leaving the space blank.
1. Processing
I. Ch k all of the approval(s) requested for this project:
[Section 404 Permit
FI ection 10 Permit
401 Water Quality Certification
[_] Riparian or Watershed Buffer Rides
2. Nationwide, Regional or General Pcrmit 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 (see section VllI - Mitigation), check here: []
11. Applicant Information
1. Owner/Applicant In rmation
_ys - ------ -- - --- ---- -
Name:----- 1 11? 11__ 1-1 61 Hol
Mailing Address:ll,?S
{ r.2"?SfO
7'clephonc NumbcrFax Number:
1- -mail Address: - -- - --- - -
2. Agent Information (A signed and dated copy of the Agent Authorization letter must be
attached if the Agent has signatory authority for the owner/applicant.)
Namc:
Company ---
Mailing Address:_ - --- -- - - ----- ---
Tclcphonc Number: lax um bC1
I-mail Address: - ---
Page 3 of 12
PAYie?C-;1.
RECE?i!'?;!?
M. 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 properly
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan rturst include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must he included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
hollndarleS 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 pul-hoses, the
USACI requires information to be submitted on sheets no larger than I I by I7-inch format;
however, I_)WQ may accept paperwork of any size. DWQ prefers 1-1111-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:----x`???
2. T.I.P. Project Number (NCDOT Only):- ----
3. Property Identification Number (Tax PIN):
4. Location
_? .
Coll y Subdivision :_ nan e (mcl Nearest Town:-
? i rdc phase/lot nunlbcr):_ --- f -----
/f to site (includee road numbers, landmarks, etc.
Dirrecctions
hi-1,-4121-ZZ &I-AL G' c??Y ECG :f ?_ If 14, 0e, 5. Site coordinates, if available (UTM or Lat/l,ong):,????°`f`
(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 walerhody.)
6. Describe the existing land use or condition of the site at the time of this application:
7. Pro pert size acres :
8. Nearest body of water (stream/river/soun(l/ocean/lake):__? f?P ?gE;
9. River Basin:-ILOP_fx_._ 6G;f pi e Cz?
(Note -- this must be one of North Car( irna's seventeen designated major river basins. The
laver Basin map is available at hllp://h2o,enr_slate_nc.us/adiuin/Wraps/.)
Pate 4 of 12
IV.
10. Describe the purpose of the proposed work:
/__?
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11. List the ty e of equipment to be used to construct the projecl:,ll?l ?DG';,.
12. Describe the land use in the vicinity of this project: Xe 4,
Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including, all prior phases of the salve subdivision) in the past, please explain. Include
the USAC E Action ID Number, DWO Project Number, application (hate, 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.

V
Futwe Project Plans
Arc any additional permit requests anticipated for this project in the future?
anticipated work, and provide justification for the exclusion of this work
---------
I f so, describe the
from the current
V1.
Proposed Impacts to Waters of the United States/Waters of the State
it is the applicant's (or agent's) responsibility to determine, deliucate and leap all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Scctiou VI1 below. All proposed impacts, pernancut
and temporary, IIlrISt be 11StCd herein, and illust be clearly Identifiable oil all accolllpallying site
plan. All wetlands and waters, and all streams (intermittent and perennial) roust be shown oil a
delineation neap, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation FMIl1S should be included as appropriate. 1'11010S1,1'aphs nlay 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 Vill below. If additional space is needed for
listing or description, please attach a separate sheet.
Page 5 cif 12
1. Wetland Impacts
Wetland impact
Site Number
(indicate on trial)) Type of Impact* Area of
Impact
(acres) Located within
I00-year hloodplain**
(yes/no) Distance to
Nearest Stream
(linear feet) -- ---- -
Type of Wetland***

?-ist cacti impact separately and identity temporary impacts. bnpacts 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 floodplain maps. Maps are available through the ITMA Map Service Center at 1-800-358-9616, or
online at http;//www.fema.gov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina [lay, bog, etc.)
List the total acreage (estimated) of existing wetlands on the property:
Total area of wetland impact proposed:
2. Stream Impacts, including all intermittent and perennial streams
Stream Impact
Site Number
(indicate on map)
Type of Impact* Length of
Impact
(linear feet)
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
(please specify)
/L

List each Impact separately and identify temporary impacts. bnpacts 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. 11' stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams rrutst 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 strearn into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www_.usgs.u,ov. Several inteinet sites also allow direct download and printing of USGS maps (e.g., w4vw.topo/one.co1l1,
www.ma )r ucst.com, etc..
Cumulative irrtpacts (linear distance in feet) to all streams oil
Page 6 of 12
3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U.S.
Open Water Impact
Site Number
(indicate on map)
Type of Impact* urea of
Impact
(acres) Name of Waterbody
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.)

' List each impact separately and identity temporary impacts. Impacts incrtute, nut are not nnuteu to: un, excavauon, oreaging,
flooding, drainage, bulkheads, etc.
4. 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): ?plands;* F] stream wetlands
Describe the method of Constrnctiotl (e.g., data/Zd,' banknienl, excavation, installation of
draw-down valve or spillway, L J _
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stornlwatcr rcd1111-C11lCllt, etc.):
Size of watershed draining to pond:a?1js Expected pond surface area:
VII. Impact Justification (Avoidance and Mill ill] izatioll)
Specilically describe measures taken to avoid the proposed impacts. It ]nay be useful to provicle
information related to site constrallltS SUCII IS topograph}', building ordinances, accessibility, and
fmancial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design oplWits were not feasible. Also discuss !low impacts
were minimized once the desired site plats was developed. I f applicable, discuss construction
tcchllic ues to be followed during construction to reduce impacts.
-- r f n /?''v yet - f 'i
/O? /?G?(
U ti ??? Page 7 or 12
VIII. Mitigation
DWQ - In accordance with 15A NCAC 211 .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 culTent guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at.
litlp_//li2o.enr.state.nc.us/ncwetiancis/striiiide_litml.
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
anti/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 anti proposed method of construction. Please attach
a separate sheet if more space is needed./
?
r
Page 8 of 12
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that
you would like to pay into the NCWRP. Please note that payment into the NCWRP must be
reviewed and approved before it can be used to satisfy mitigation requirements. Applicants
will be notified early in the review process by the 401/Wetlands Unit if payment into the
NCWRI' is available as an option. 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): _
Amount of buffer mitigation requested (square feet):
Aliloltllt of Riparian wetland mitigation requested (acres):..---
Anloin tt of Non-riparian wetland mitigation requested (acres):
Autounl of Coastal wetland miligaUon ralucstcd (acres):.. _________
IX. Environmental Documentation (DWQ Only)
Does the project involve an expenditure of public fulRls or the use of public (federal/state/local)
land?
Yes No
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina I3nvirormicntal Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA docuulernt is required, call lie SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes F] No 0
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 (DWQ Ouly)
It is the applicant's (or agent's) responsibility to determine, delineate and ntap all impacts to
required stale and local buffers associated with the project. The applicant must also provide
justification for these impacts in Scction VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown oil 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 213 .0233
(Ncusc), 15A NCAC 2I3 .0259 ("far-Pamlico), 15A NCAC 213 .0250 (Randleman Rules and
Water Supply 13 IMI- Re(Iuireutents), or oilier (please
Yes F No [] I [you answered "yes", provide the following information:
Page 9 of 12
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 - - Multiplier Required
(square feet) Mitigation
2 1.5
Total ,---- - -- - -
tone t extenas out -3u tees perpenatctnar trom near ManK of cnannel; gone t extenas an
additional 20 feet fiom the edge of "Lone I.
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 (DWQ Only)
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.
XII. Sewage Disposal (DWQ Only)
Clearly detail the ultimate treauucnt n?cthods and disposition (non-discharge or cischarge) of'
wastewater generated from the proposed project, or available capacity of the subject facility.
XIII. Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules (15A NCAC 211.0500) or any Buffer Rules?
Yes n No ?
Is this an after-the-fact permit application?
Yes [-] No D
Page to of 12
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufCciently 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).
ley '-1/1
1
?licanl/Agent's Signature Date
Agent's signahu-e is valid only if an authorization letter from the applicant is provided.)
US Army Corps Of Engineers Field Offices and Comity Coverage
Asheville Regulatory Field Office Alexander Cherokee Iredell Mitchell
US Army Corps of Engineers Avery Clay Jackson Polk
151 Patton Avenue Buncombe Cleveland Lincoln Rowan
Room 208 Burke Gaston Macon Rutherford
Asheville, NC 28801-5006 Cabarms Graham Madison Stanley
Telephone: [phone] Caldwell Ilaywood McDowell Swain
Fax: [phone] Catawba Henderson Mecklenburg Transylvania
Raleigh Regulatory Field Office Alamance Durham Johnston Rockingham
US Army Corps Of Engineers Alleghany Edgccottube Lee Stokes
6508 Falls of the Neuse Road Ashe Franklin Nash Surly
Suite 120 Caswell Forsyth Northampton Vance
Raleigh, NC 27615 Chatham Granville Orange Wake
Telephone: [phone] Davidson Guilford Person Warren
Fax: [phone] Davic Ilalifax Randolph Wilkes
Washington Regulatory Field Office Beaufort Cm iituck Jones
US Army Corps Of Engineers Bettie Dare Lenoir
Post Office Box 1000 Camden Gatcs Marlin
Washington, NC 27889-1000 Carteret* Green Pamlico
Telephone: [phone] Chowan llettford Pasquolank
Fax: [phone] Craven IIyde Perquirtums
Wilmington Regulatory Field Office Anson Duplin Onslow
US Anny Corps Of Engineers 131adcn I lernctl Pendcr
Post Office I3ox 1890 Brunswick I lokc Richmond
Wilmington, NC 28402-1890 Carteret Nlonl?'otucry Robeson
Telephone: [phone] Columbus Moore Sampson
Fax: [phone] Cumberland New Ilanover Scotland
Pitt
Tyrrell
Washington
Wayne
Union
Watauga
Yancey
Wilson
Yadkin
*Croatan National Forest Only
Page I 1 of 12
US Fisl
US Fish and Wildlife Service
Raleigh Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
Telephone: [phone]
Division of Water Quality
401 Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
Telephone: [phone]
Fax: [phone]
t and Wildlife Service / National M
US Fish and Wildlife Service
Asheville Field Office
160 Zillicoa Street
Asheville, NC 28801
Telephone: [phone]
Division of Coastal Management
1638 Mail Service Center
Raleigh, NC 27699-1638
Telephone: [phone]
Fax: [phone]
Western Piedmont Region Coordinator
3855 Idlewild Road
Kernersville, NC; 27284-9180
Telephone: [phone]
Mountain Region Coordinator
20830 Great Smoky Mtn. Expressway
Waynesville, NC 28786
"Telephone: (828),152-2546
Fax: [phone]:14
[arine fisheries Service
National Marine Fisheries Service
Habitat Conservation Division
Pivers Island
Beaufort, NC 28516
Telephone: [phone]
North Carolina State Agencies
Division of Water Quality
Wetlands Restoration Program
1619 Mail Service Center
Raleigh, NC 27699-1619
Telephone: [phone]
Fax: [phone]
CAMA and NC Coastal Counties
Beaufort Chowan
Bertie Craven
Brunswick Currituck
Camden Dare
Carteret Gates
NCWRC and NC Trout Counties
State Historic Preservation Office
Department Of Cultural Resources
4617 Mail Service Center
Raleigh, NC 27699-4617
Telephone: [phone]
Fax: [phone]
Hertford Pasquotank
Hyde Pender
New Hanover Perquimans
Onslow Tyrrell
Pamlico Washington
Allegliany Caldwell Watauga
Ashe Mitchell Wilkes
Avery Stokes
Burke Surry
Buncombe Henderson Polk
Cherokee Jackson Rutherford
Clay Macon Swain
Graham Madison "Transylvania
Haywood McDowell Yancey
Page 12 of 12
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