20011235 Ver 1_COMPLETE FILE_20010815

`O??F Vv M (?9QG
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August 28, 2,001
Johnston County
DWQ Project#: 011235
APPROVAL OF 401 Quality Certification and ADDITIONAL CONDITIONS and Neuse River Buffer Rules
Son Land Development Inc.
5160 NC 42W
Garner, NC 27529
Dear Sirs:
You have our approval, in accordance with the attached conditions and those listed below, to impact 108 linear feet of streams
and 9940 square feet of stream buffers for constructing of a road crossing at Waverly Point Phase III std, as you described in your
application dated August 15, 2001. After reviewing your application, we have decided that this fill is covered by General Water Quality
Certification Number 3289. This certification allows you to use Nationwide Permit Number 14 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 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. Upon completion of the project, the applicant shall complete and return the enclosed "Certification of Completion Form" to notify
DWQ that all the work included in the 401 Certification has been completed. The responsible party shall complete the attached
form and return it to the 401/Wetlands Unit of the Division of 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, 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 Bob Zarzecki at 919-733-9726 or Steve Mitchell at our Raleigh Regional Office at 919-571-4700. .
Attachment
cc: Corps of Engineers Raleigh Field Office
Raleigh DWQ Regional Office
File copy
Central Files
Raleigh Division of Land Resources
Todd St. John
Neal Floyd; 7908 Audubon Drive
Wetlands/401 Unit 1650 Mail Service Center Raleigh, NC 27699-1650 Ph: [phone] Fax: [phone]
ivucnaei r. tasiey, governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Gregory J. Thorpe, Ph.D.
Acting Director
Division of Water Quality
Xl
ABM
NLDEW
Customer Service
1 800 623-7748
Michael F. Easley -
Governor
William G. Ross Jr., Secretary
Department of Environment and Natural Resources
Kerr T. Stevens
Division of Water Quality
DWQ
2001
County
#: (3 -Z5
APPROVAL OF 401Qu lity Certification and ADDITIONAL CONDITIONS and Neuse River Buffer RulesW
L?
5160 N 40 ? Sly
?mr`S
oaf
Dear
You have our approval, i ccordance with the attached conditions and those listed )b1ow, to impact
ds, l linear feet of streams and o a-QGW of
stream buffers for at as you described in your application dated
2000. After reviewing your application, we have decided that this fill is covered by General
Water Quality Certification Number This certification allows you to use Nationwide Permit
Number 10 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 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.
An additional condition is that a final, written stormwater management plan shall be approved by this Office
before the impacts specified in this Certification occur. The Stormwater management plan must include plans
and specifications for stormwater management facilities designed to remove 85% TSS according to the most
- recent version of the NC DENR Stormwater Best Management Pracgces' Manual Also; before any permanent -
building is occupied at the subject site, the facilities, as approved by this Office, shall be constructed and
operational, and the stormwater management plan, as approved by this Office, shall be implemented.
?I! Upon completion of the project, the applicant shall complete and return the enclosed "Certification of
Completion Form" to notify DWQ that all the work included in the 401 Certification has been completed. The
responsible party shall complete the attached form and return it to the 401/Wetlands Unit of the Division of
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, 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
t DEh`?
Division of Water Quality 1650 Mail Service Center Raleigh, NC 27699-1650
Wetlands/401 Unit: [phone]
Fax: [phone]
? vvHtF
`??O RpG Michael F. Easley --
Governor
r
William G. Ross Jr., Secretary
4 c Department of Environment and Natural Resources
Kerr T. Stevens
Division of Water Quality
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If
you ha a any questions, please telephone 2c+?-tech,' at 919-733-1786 or at our
Regional Office at
Sincerely,
Kerr T. Stevens
Attachment
cc: Corps of n9i?eers Raleigh Field Office
Q ?! DWQ Regional Office
File copy
Central Files
Raleigh Division of Land Resources
Todd St. John
wj `cam NTE) "N
Division of Water Quality 1650 Mail Service Center Raleigh, NC 27699-1650
Wetlands/401 Unit: [phone]
Fax: [phone]
r s
Office Use Only:
USACE Action ID No. DWQ No.
01 12 3 5 Form Veniun April 2001
if any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than
leaving the space blank.
I. Processing
j
I . Check all of the approval(s) requested for this project:
® Section 404 Permit
[] Section 10 PermirV 401 Water Quality Certification 401ISS
GG
9 Riparian or Watershed Buffer Rules v
2. Nationwide, Regional or General Permit Number(s) Requested: j\Jl,??P ?q-
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 VIII - Mitigation), check here: E]
II. Applicant Information
1. Owner/Applicant Information
Narne:? '50 !n??? C•
Mailing Address: 1 O 1?
??f J\stl 1?.
Telephone Number: 7773' OS3P3 Fax Number:
E-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.)
Name:
Company Affiliation: -e94 C_ r-1 SSOC
Mailing Address: 777Q bo??._Tyi 4-9-
Telephone Number: SID 7 ?)h$ Fax Number: lv7ta -83G_j
E-mail Address:
P'
, A
??,
Page 3 of 12
111. Project Information
4
5
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 progeny
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 Map 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'] 1 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.
Name of project: W O-W- tU V4 %3%& 1E
2. T.I.P. Project Number (NCDOT Only):
;. Property Identification Number (Tax PIN)
g0 53 (max-ytT^
Location
County: TOVV\S?on Co. Nearest Town: G`0. fio
Subdivision name (include phase/lot number): k `
Directions to site (include road numbers, landmarks, etc.):
6. Describe the existing land use or condition of the site at the time of this application:
M n 2-7.600t-
7. Property size (acres):
8. Nearest body of water (stream/river/sound/ocean/lake): UW_e CtF4WK
9. River Basin: W _e?
(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/.)
Page 4 of 12
Site coordinates, if available (UTM or Lat/Long):
(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.)
10, Describe the purpose of the proposed work: fOaa tit OSSt " , DOT (?Oo-c?
S- oft
1 1. List the type of equipment to be us d to construct the project: Y1tXM9-` ?O?
IV
V
VI
12. Describe the land use in the vicinity of this project:
?t% V:A su?d???S?mn c QPw
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.- .- -1-1% nhQ p -? ?a???-t
Future Project Plans
Are any additional permit requests anticipated for this project in the future?
anticipated work, and provide justification for the exclusion of this work
application YA > ??1T61nal Re-r kA-S LA oh.0-J.?-? - R
Proposed Impacts to Waters of the United States/Waters of the State
If so, describe the
from the current
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
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.
Page 5 of 12
1, Wetland Impacts
hi Distance to
Wetland Impact
Site Number
(indicate on map) Type of Impact* Area of
Impact
(acres)
o n
Located wit
100-year Floodplain"
(yes/no)
no Nearest Stream
(linear feet) Type of Wetland"'

u• 5
.rs

i
1
I

In- me rhani7ed clearing. grading. Itll.
I.ist each impact separately and identity temporary impact. 1111pa i, ?• •••••••-- •_. _._- - _ _
c,\cavation. 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 FI:MA-approved local Floodplain maps. Maps are available through the FEMA Map Service Center at 1.800-358-9616. or
online at hnp.;??vtv\.fcma.L!o%.
"' List a t?eiland type that best describes wetland to be impacted (e.g.. freshwater/saltwater marsh. forested t+eiland. bca\er pond.
Carolina Bay. bog. etc.)
List the total acreage (estimated) of existing wetlands on the property]-2.401 OLcaes = ?=
,-
Total area of wetland impact proposed:
2. Stream Impacts, including all intermittent and perennial streams
e Width
Avera Perennial or
Stream Impact
Site Number
(indicate on map) Type of Impact' Length of
Impact
(linear feet)
o? Stream Name"

y g
of Stream
Before Impact
3 Intermitten
(please specify)

f?
!

-7 T-
?... .,
. G...;...1 -1- i
o, anll accnrlaie (1 rID-ran.
?? - - - ---- -
' List each impact separately and identify temporary impacts. impacu --UUc, U., a .......
dams (separately list impacts due to both structure and flooding). relocation (include linear feet before and after. and net lossigain).
stabilization activities (cement wall. rip-rap, crib wall. gabions, etc.), excavation, diiching/straightening, etc. If stream relocation is
proposed, plans and profiles showing 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 Ul- (unnamed tribuian_) to the nearest
dov%nstream named stream into which it flows. USGS maps are available through the USGS at I-800-358-9616. or online at
Several iniernet sites also allow direct download and printing of USGS maps (e.e . tt t i t U?i'lli ""
+t??"j l i t ui?l.iUn1. elc.).
Cumulative impacts (linear distance in feet) to all streams on site: 103
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" Area of
Impact

(acres) Name of Waterbody

applicable)
(if Type of Waterbody j
(lake, pond, estuary, sound.

bay, ocean, etc.)

I
I

list each impact separately ano memiq tetnputaty nupa?t?. --
lluodine. drainaee. 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): 0 uplands [] stream [] v,etlands
Describe the method of construction (e.g., dam/embankment, excavation, installation ol'
draw-down valve or spillway, etc.): _
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic trout pond,
local stormwater requirement, etc.):
Size of watershed draining to pond: Expected pond surface area
V11. 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, accessibilit,, 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
Page 7 of 12
Vill. 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 `ietland
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
hi IryPh 2o.en r.sUtte.nc us/ncwet lands/strmgide.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
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 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 mint 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 it' payment into the
NCWRP is available as an option. For additional information regarding the application
process for the NCWRP, check the NCWRP website at Imp `h'v....rnr siatr nc,us ?I?? nl ir\ lilm
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):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
IX. Environmental Documentation (DWQ Only)
Does the project involve an expenditure of public funds or the use of public (federal/state/local)
land'?
Yes No
1l ves. does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policv Act (NFP;, `)l:l',\)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SITA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes El No 11
11 ves. has the document review been finalized by the State Clearinghouse? If so, please attach a
cope of the NEPA or SEPA final approval letter.
Yes [:] No
X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only)
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 it
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 I5A NCAC 2B .0233
(Meuse). I5A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes El No N If 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
(square feet) Multiplier Required
Mitigation
1 CJq 3
2 3q 7? 1.5
Total
Zone I extends out SU teet perpenofcuwar from near oanfc of cnanncf: Lunc rxfrnw an
additional 20 feet from the edge of Zone 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-
X1. Storrrtwater (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. D
r - I'- - < „A . 0 n Z I A- t ? rv i F1? 1< < c ?r C?
- oucx 05 5;- `ri f --,.r ic-ve\ e\?
X11. Selvage Disposal (DWQ Only)
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.
X111. Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes E] No
Is this an after-the-fact permit application?
Yes [:J No 0
Page 10 of 12
X1V. 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).
j?v ... I . 3 8 h 0oI
- X4 I
Applicant/Agent's Sign e Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
US Army Corps Of Engineers Field Offices and County Coverage
Asheville Regulatory Field Office Alexander Cherokee Iredell Mitchell
US Arm) Corps of Engineers Avery Clay Jackson Polk
151 Patton Avenue Buncombe Cleveland Lincoln Rowan
Room 208 Burke Gaston Macon Rutherford
.Asheville. NC 28801-5006 Cabarrus Graham Madison Stanley
Telephone. [phone] Caldwell Haywood McDowell Swain
Fax: [phone] Catawba Henderson Mecklenburg Transylvania
Raleigh Regulatory Field Office Alamance Durham Johnston Rockingham
US Anny Corps Of Engineers Alleghany Edgecombe Lee Stokes
6508 Falls of the Neuse Road Ashe Franklin Nash Surry
Suite 120 Caswell Forsyth Northampton Vance
Raleigh, NC 27615 Chatham Granville Orange Wake
Telephone: [phone] Davidson Guilford Person Warren
Fax: [phone] Davie Halifax Randolph Wilkes
Washington Regulatory Field Office Beaufort Currituck Jones
US Army Corps Of Engineers Bert ie Dare Lenoir
Post Office Box 1000 Camden Gates Martin
Washington, NC 27889-1000 Carteret' Green Pamlico
Telephone: [phone] Chowan Hertford Pasquotank
Fax: [phone] Craven Hyde Perquimans
Wilmington Regulatory Field Office Anson Duphn Onslow
US Army Corps Of Engineers Bladen Harnett Pender
Post Office Box 1890 Brunswick Hoke Richmond
Wilmington, NC 28402-1890 Carteret Montgomery Robeson
Telephone: [phone] Columbus Moore Sampson
Fax: [phone] Cumberland New Hanover Scotland
Pitt
Tyrrell
Washington
Wayne
Union
Watauga
Yancey
Wilson
Yadkin
*Croatan National Forest Only
Page 1 I of 12
US Fi5
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]
h and Wildlife Service / National N
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
3815 Idlewild Road
Kernersville, NC 27284-9180
Telephone. [phone]
Mountain Region Coordinator
20830 Great Smoky Mtn. Expressway
Waynesville, NC 28786
Telephone: [phone]
Fax [phone]
larine 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 easquotank
Hyde Pender
New Hanover Perquimans
Onslow Tyrrell
Pamlico Washington
Alleghany 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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DEPARTMENT OF PUBLIC UTILITIES
POST OFFICE BOX 2263
SMITHFIELD, N.C. 27577'
[phone]
June 22, 2001
Mr. Sonny Johnston
Mr. Lanny Clifton
Son-Lan Development Co., Inc.
5160 NC 42 West
Garner, NC 27529
Re: Waverly Point Subdivision Phase III
Stormwater Management Statement
Dear Mr. Temple:
We have reviewed the Stormwater Management Statement (received May
25, 2001) submitted for Waverly Point Subdivision Phase II,I, Based upon the
information submitted the Stormwater Management Statement has been
approved. Please submit the following with the Stormwater Management Plan:
1. Please provide a USGS Quadrangle map with the site and
applicable drainage areas indicated on the map.
Please be reminded that no land-disturbing activities can begin at
this site until a Stormwater Management Plain has been approved for this
site. Any land disturbing activity occurring prior to receipt of a Stormwater
Permit will result in the assessment of civil penalties. A checklist for
developing a stormwater management plan has been included for your use.
A copy of this letter will be forwarded to the Planning Office for their files. If
you have any questions or need additional information, please contact this office
at [phone].
Sincerely,
Guy M. Anderson, E.I.
Stormwater and Floodplain Administrator
Cc: Kyle Richter, Subdivision Administrator
Jerry Dalton, P.E.
.,.
Printed on recycled paper t r*
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Michael F. Easley
Governor
William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
Kerr T. Stevens
Division of Water Quality
May 24, 2001
DWQ# 01-0750
Johnston County
Son-Lan Development, Inc.
C/o Neal Floyd
5160 NC 42 West
Gamer, NC, 27529
APPROVAL of 401 Water Quality Certification and Neuse River Buffer Rules with Additional Conditions
Dear Mr. Floyd:
You have our approval, in accordance with the attached conditions, to place fill in 149 linear feet of an unnamed tributary to Little
Creek in order to construct a road crossing accessing the Waverly Point subdivision in Johnston County, as described in your application
received by the Division of Water Quality on February 27, 2001 and in additional correspondence received May 20, 2001. After reviewing
your application, we have determined that this fill is covered by General Water Quality Certification Number 3289. This Certification
allows you to use Nationwide Permit Number 14 when it is issued by the U.S. Army Corps of Engineers. This approval is also valid for the
Neuse River Buffer Rules (15A NCAC 213 .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. 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 as well as the additional condition listed
below:
1. An additional condition is that stormwater shall be directed to diffuse flow at non-erosive velocities through the protected stream
buffers;
2. The total linear impact to streams associated with this work must be limited to 149 linear feet, or mitigation will be required for stream
and Neuse Buffer impacts;
3. 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. 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). A sample deed notification format can be downloaded from the 401/Wetlands Unit web site at
http://h2o.enr.state.nc.us/ncwetlands .
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 fora 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 Dornev at 919-733-9646. - - - - - - - - -
Attachment
cc: Corps of Engineers Raleigh Field Office
Raleigh DWQ Regional Office
Central Files
File Copy
Neal Floyd, 7908 Audubon Drive, Raleigh, NC, 27615
010295
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 27604-2260 (Location)
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U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Action ID: 200120621
GENERAL PERMIT (RI
Property
Owner Son-Lan Development, Inc.
Address 5160 NC 42 West
Garner NC 27529
Telephone Number 919-773-0838
County:
mopy
Johnston
?,GIONAL AND NATIONWIDE) VERIFICATION
Authorized
Agent Neal C. Floyd & Associates, Inc.
Attn: Neal Floyd
Address 7908 Audubon Drive
Raleigh, NC 27615
Telephone Number 919-870-7865
Size and Location of Property (waterbody, Highway name/number, town, etc.): The property is
approximately 86 acres in size and is located on the east side of SR 1531, approximately 1.25 miles south
of NC 42, southwest of Clayton, Johnston County, North Carolina. The site is adjacent to an unnamed
tributary of Little Creek, above headwaters, in the Neuse River Basin.
Description of Activity: This permit authorizes mechanized landclearing, excavation, the installation of
culverts, and the placement of fill associated with the construction of Waverly Point Subdivision, Phase 2.
Impacts to wetlands and waters authorized by this permit total approximately 170 linear feet of stream
channel (0.014 acre) for the Cameron Drive crossing.
Applicable Law: X Section 404 (Clean Water Act, 33 USC 1344) only.
Section 10 (River and Harbor Act of 1899) only.
Authorization: Regional General Permit Number
14 Nationwide Permit Number
Any violation of the conditions of the Regional General or Nationwide Permit referenced above may
subject the permittee to a stop work order, a restoration order, and/or appropriate legal action.
This Department of the Army Regional General Permit or Nationwide Permit verification does not
relieve the permittee of the responsibility to obtain any other required Federal, State, or local
approvals/permits. The permittee may need to contact appropriate State and local agencies before
beginning work. If you have any questions regarding the Corps of Engineers regulatory program,
please contact Todd Tugwell at telephone number (919) 876 - 8441 extension 26
Regulatory Project Manager Signature
Authorization Date April 26, 2001 * Expiration Date April 26, 2003
* Please note that above date reflects the day the work was authorized due to lapse of 45-day review as
outlined in the PCN notification requirements - see Condition 13, 65 Fed.Reg. 12893 (March 9, 2000).
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORM, ETC., MUST BE ATTACHED
TO THE YELLOW (FILE) COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
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CLEVELAND TOWNSHIP, JOHNSTON COUNTY
NORTH CAROLINA
DATE: AUGUST 6, 2001
sup suRVEYED aY:
DRA4 DRAWN BY; ~ •
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190 CLAYTON COMMERCE CENTER
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TELEPHONE: [phone]
SURD SURVEY DATE; FAX: [phone]
Scole: 1" = 200' email: tlsurveying®msn.com
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JOB: 01024 DATE: 8/7/01 REVISION:

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?OH/VSTO/V COUNTY, NC P.O. BOX 426 ~919 919)550-4740
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JOB: 01024 DATE: 8/8/01 REVISION:
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