20020019 Ver 1_COMPLETE FILE_20020107

WAT?RpG
r
April 18, 2002
DWQ Project No. 02-0019
USACOE #200220545
Wake County
Robert H. Jones
JVC Homes, Inc.
1209 Jones Dairy Farm Road
Wake Forest, NC, 27587
APPROVAL of 401 Water Quality Certification and Neuse River Buffer Rules with Additional Conditions
Dear Mr. Jones:
You have our approval, in accordance with the attached conditions, to place fill in 0.032 acre of wetlands, 318
linear feet of streams (new impact), and 45,065 square feet of Neuse Buffers (new impact) in order to construct the Jones
Dairy Farm Subdivision, Phase 7, in Wake County, as described in your application received by the Division of Water
Quality on January 7, 2002. After reviewing your application, we have determined that this fill is covered by General
Water Quality Certification Numbers 3375 and 3362, which can be downloaded from our web site at
http://h2o.enr.state.nc.us/ncwetlands . This Certification allows you to use Nationwide Permit Numbers 14 and 39 when
issued by the U.S. Army Corps of Engineers. This apprdit' is also valid for the Neuse River Buffer Rules (15A NCAC 2B
.0233). We understand from the February 14, 2002 letter from the US Army Corps of Engineers that 1,875 linear feet of
stream impact were previously authorized by the Corps of Engineers under Nationwide Permit 26. 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 Certification replaces the
one issued to you on March 7, 2002.
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 in writing and you may be required to send us a new application for a new certification. If the
property is sold, the new owner must be given a copy of the Certification and approval letter and is thereby responsible for
complying with all conditions. If total wetland fills for this project (now or in the future) exceed one acre, compensatory
mitigation may be required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the
conditions listed in the attached certification as well as the additional conditions 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. 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. These mechanisms shall be put in place within 30 days of the date of this letter
rNrn
- --- or the +sstranEe of-tie 404-Permit (wh icheveris later). A.
401/Wetlarrds Unit web site at http://h2o.enr.state.nc.us/ncwetlands ;
3. We understand that you have chosen to contribute to the Wetland Restoration Program in order to compensate for these
impacts to streams. In accordance with 15A NCAC 2R .0402 and 15A NCAC 2B .0242(7), this contribution will satisfy
our compensatory mitigation requirements under 154 NCAC 2H .0506(h) and 15A NCAC 2B.0233(10). Until the
Wetland Restoration Program receives and clears your check (made payable to: DENR -Wetlands Restoration
Program), wetland, stream or buffer impacts (including fill) shall not occur. Mr. Ron Ferrell should be contacted at (919)
733-5208 if you have any questions concerning the Wetland Restoration Program. You have one month from the date
of this Certification to make this payment. For accounting purposes, this Certification authorizes the fill of 2,313 linear
feet of intermittent and perennial streams, in the Neuse River and sub-basin and 596 feet of stream mitigation is
required. Please be aware that the Wetland Restoration Program (WRP) rules require rounding of stream impact
amounts to the nearest linear foot (15A NCAC 2R .0503(b))."
Michael F.. Easley
Governor
William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
Gregory J. Thorpe, Ph.D., Acting Director
Division of Water Quality
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)
919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwetlands/
Page 2 of 2
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 Steve Mitchell in our Raleigh Regional Office at 919-571-4700 or Cyndi Karoly in the
Central Office at 919-733-9721.
Sincerely,
Po . horpe, P .
Attachments
cc: Corps of Engineers Raleigh Field Office
Raleigh DWQ Regional Office
Central Files
File Copy
Sean Clark, 11010 Raven Ridge Road, Raleigh, NC, 27614
020019rev

NORTH CAROLINA-DIVISON OF WATER QUALITY
401 WATER QUALITY CERTIFICATION
SUMMARY OF PERMITTED IMPACTS AND MITIGATION REQUIREMENTS
In accordance with 15A NCAC 2 H .0500, Mr. Robert H. Jones of JVC Homes, Inc. has permission as outlined
below to fill in 0.032 acre of wetlands, 2,313 linear feet of streams, and 45,065 square feet of Neuse Buffers for
construction of the Jones Dairy Farm Subdivision in Wake County, North Carolina. All activities associated with these
authorized impacts must be conducted with the conditions listed in the attached certification. THIS CERTIFICATION IS
NOT VALID WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENT
WETLAND RESTORATION PROGRAM
LOCATION:
COUNTY:
BASIN/SUBBASIN
Impacts:
Jones Dairy Farm Subdivision
Wake
Neuse (03-02-02-01)
0.032 acre of wetlands, 2,313 linear feet of streams, and 45,065 square feet of Neuse Buffers
Stream mitigation is required for this project in accordance with 15A NCAC 2H .0500 rules, and we understand
that you have proposed stream mitigation in order to obtain the 404 Permit. In correspondence dated March 26, 2002, the
North Carolina Wetland Restoration Program agreed to accept responsibility for this mitigation at a 2:1 ratio. You are
required to compensate for the above impacts through the restoration, creation, enhancement or preservation of streams
as outlined below prior to conducting any activities that impact or degrade the waters of the state.
Mitigation:
596 linear feet of streams by W RP
Note:- Linear foot requirements. proposed to be mitigated through the Wetland Restoration Program must be rounded
to the nearest foot and acreage requirements must be rounded to one-quarter acre increments according to 15 2r
.0503(b).
One of the options you have available to satisfy the compensatory mitigation requirements is through the payment
of a fee to the Wetlands Restoration Fund per NCAC 2R .0503. If you choose this option, please sign this form and mail it
to the Wetlands Restoration Fund at the address listed below. An invoice for the appropriate amount of payment will be
sent to you upon receipt of this form. PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU
RECEIVE NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE WETLANDS RESTORATION
Signature Date
WETLANDS RESTORATION PROGRAM
DIVISON OF WATER QUALITY
1619 Mail Service Center
RALEIGH, N.C. 27669-1619
[phone]
OF W A T?9 Michael F. Easley
?0 pG Governor
Uj 7 William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
p `C Gregory J. Thorpe, Ph.D., Acting Director
Division of Water Quality
April 18, 2002
DWQ Project No. 02-0019
USACOE #200220545
Wake County
Robert H. Jones
JVC Homes, Inc.
1209 Jones Dairy Farm Road
Wake Forest, NC, 27587
APPROVAL of 401 Water Quality Certification and Neuse River Buffer Rules with Additional Conditions
Dear Mr. Jones:
You have our approval, in accordance with the attached conditions, to place fill in 0.032 acre of wetlands, 318
linear feet of streams (new impact), and 45,065 square feet of Neuse Buffers (new impact) in order to construct the Jones
Dairy Farm Subdivision, Phase 7, in Wake County, as described in your application received by the Division of Water
Quality on January 7, 2002. After reviewing your application, we have determined that this fill is covered by General
Water Quality Certification Numbers 3375 and 3362, which can be downloaded from our web site at
http://h2o.enr.state.nc.us/ncwetlands . This Certification allows you to use Nationwide Permit Numbers 14 and 39 when
issued by the U.S. Army Corps of Engineers. This apprd t'is also valid for the Neuse River Buffer Rules (15A NCAC 2B
.0233). We understand from the February 14, 2002 letter from the US Army Corps of.Engineers that 1,875 linear feet of
stream impact were previously authorized by the Corps of Engineers under Nationwide Permit 26. 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 Certification replaces the
one issued to you on March 7, 2002.
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 in writing and you may be required to send us a new application for a new certification. If the
property is sold, the new owner must be given a copy of the Certification and approval letter and is thereby responsible for
complying with all conditions. If total wetland fills for this project (now or in the future) exceed one acre, compensatory
mitigation may be required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the
conditions listed in the attached certification as well as the additional conditions 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. 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. These mechanisms shall be put in place within 30 days of the date of this letter
or=the=+ssrtantee of-the 404-Permit (-whichever--islater}. A
401/Wetlartds Unit web site at http://h2o.enr.state.nc.us/ncwetlands ;
3. We understand that you have chosen to contribute to the Wetland Restoration Program in order to compensate for these
impacts to streams. In accordance with 15A NCAC 2R.0402 and 15A NCAC 2B.0242(7), this contribution will satisfy
our compensatory mitigation requirements under 15A NCAC 2H .0506(h) and 15A NCAC 2B.02,33(10). Until the
Wetland Restoration Program receives and clears your check (made payable to: DENR -Wetlands Restoration
Program), wetland, stream or buffer impacts (including fill) shall not occur. Mr. Ron Ferrell should be contacted at (919)
733-5208 if you have any questions concerning the Wetland Restoration Program. You have one month from the date
of this Certification to make this payment. For accounting purposes, this Certification authorizes the fill of 2,313 linear
feet of intermittent and perennial streams, in the Neuse River and sub-basin and 596 feet of stream mitigation is
required. Please be aware that the Wetland Restoration Program (WRP) rules require rounding of stream impact
amounts to the nearest linear foot (15A NCAC 2R .0503(b)).°
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)
919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwetlands/
Page 2 of 2
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 Steve Mitchell in our Raleigh Regional Office at 919-571-4700 or Cyndi Karoly in the
Central Office at 919-733-9721.
Sincerely,
ory PJhorpe, P .
Attachments
cc: Corps of Engineers Raleigh Field Office
Raleigh DWQ Regional Office
Central Files
File Copy
Sean Clark, 11010 Raven Ridge Road, Raleigh, NC, 27614
020019rev

NORTH CAROLINA-DIVISON OF WATER QUALITY
401 WATER QUALITY CERTIFICATION
SUMMARY OF PERMITTED IMPACTS AND MITIGATION REQUIREMENTS
In accordance with 15A NCAC 2 H .0500, Mr. Robert H. Jones of JVC Homes, Inc. has permission as outlined
below to fill in 0.032 acre of wetlands, 2,313 linear feet of streams, and 45,065 square feet of Neuse Buffers for
construction of the Jones Dairy Farm Subdivision in Wake County, North Carolina. All activities associated with these
authorized impacts must be conducted with the conditions listed in the attached certification. THIS CERTIFICATION IS
NOT VALID WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENT
WETLAND RESTORATION PROGRAM
LOCATION:
COUNTY:
BASIN/SUBBASIN
Impacts:
Jones Dairy Farm Subdivision
Wake
Neuse (03-02-02-01)
0.032 acre of wetlands, 2,313 linear feet of streams, and 45,065 square feet of Neuse Buffers
Stream mitigation is required for this project in accordance with 15A NCAC 2H .0500 rules, and we understand
that you have proposed stream mitigation in order to obtain the 404 Permit. In correspondence dated March 26, 2002, the
North Carolina Wetland Restoration Program agreed to accept responsibility for this mitigation at a 2:1 ratio. You are
required to compensate for the above impacts through the restoration, creation, enhancement or preservation of streams
as outlined below prior to conducting any activities that impact or degrade the waters of the state.
Mitigation:
596 linear feet of streams by W RP
Note-. Linear foot requirements-proposed to be mitigated through the Wetland Restoration Program must be rounded
to the nearest foot and acreage requirements must be rounded to one-quarter acre increments according to 15 2r
.0503(b).
One of the options you have available to satisfy the compensatory mitigation requirements is through the payment
of a fee to the Wetlands Restoration Fund per NCAC 2R .0503. If you choose this option, please sign this form and mail it
to the Wetlands Restoration Fund at the address listed below. An invoice for the appropriate amount of payment will be
sent to you upon receipt of this form. PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU
RECEIVE NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE WETLANDS RESTORATION
-----P-RGGRAM-
Signature Date
WETLANDS RESTORATION PROGRAM
DIVISON OF WATER QUALITY
1619 Mail Service Center
RALEIGH, N.C. 27669-1619
[phone]
o?o? W a r?RQ? C LU a? D rte"
o ?
Michael F. Easley
Gl? Governor
William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
Gregory J. Thorpe, Ph.D., Acting Director
Division of Water Quality
6_ ? 01 J
` April 17, 2002
DWQ Project No. 02-0019
Wake County
Robert H. Jones Z
JVC Homes, Inc. Q?OS? e 1 //
1209 Jones Dairy Farm R d
Wake Forest, NC, 27587.
? 7S
APPROVAL of 401 Wa r Qualit Certification and Neuse/R ver Buff ules with itional nditions
Dear Mr. Jones: J ` y?-
You have ou approv , in accordance with the attache conditions, t place II in 0.032 acre of wetlands,
linear feet of streams, and square feet of Neuse Buffers in order to con truct he Jones Dairy Farm Subdivision,
Phase 7, in Wake County, as described in your application received by the Divi 'on of Water Quality on January 7, 2002.
After reviewing your application, we have determined that this fill is covered by eral Water Quality Certification
Numbers 3375 and 3362, which can be downloaded from our web site at htt://h enr.state.nc.us/ncwetlands. This
Certification allows you to use Nationwide Permit Numbers 14 and 39 when issue 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 Certification replaces the one issued to
you on March 7, 2002.
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 in writing and you may be required to send us a new application for a new certification. If the
property is sold, the new owner must be given a copy of the Certification and approval letter and is thereby responsible for
complying with all conditions. If total wetland fills for this project (now or in the future) exceed one acre, compensatory
mitigation may be required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the
conditions listed in the attached certification as well as the additional conditions 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. 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. 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/ncwetiands;
3. We understand that you have chosen to contribute to the Wetland Restoration Program in order to compensate for these
impacts to streams. In accordance with 15A NCAC 213 .0402 and 15A NCAC 2B .0242(7), this contribution will satisfy
our compensatory mitigation requirements under 15A NCAC 2H .0506(h) and 15A NCAC 2B.0233(10). Until the
Wetland Restoration Program receives and clears your check (made payable to: DENR - Wetlands Restoration
Program), wetland, stream or buffer impacts (including fill) shall not occur. Mr. Ron Ferrell should be contacted at
[phone] if you have any questions concerning the Wetland Restoration Program. You have one month from the
date of this Certification to make this payment. For accounting purposes, this Certification authorizes the fill of 2,313
linear feet of intermittent and perennial streams, in the Neuse River and sub-basin an feet of stream mitigation is
required. Please be aware that the Wetland Restoration Program (WRP) rules requirending of stream impact
amounts to the nearest linear foot (15A NCAC 2R .0503(b))" 5 9h
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 1508 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.
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)
919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwetlands/
Page 2 of 2
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 Steve Mitchell in our Raleigh Regional Office at 919-571-4700 or Cyndi Karoly in the
Central Office at 919-733-9721.
Sincerely,
Gregory J. Thorpe, Ph.D.
Attachments
cc: Corps of Engineers Raleigh Field Office
Raleigh DWQ Regional Office
Central Files
File Copy
Sean Clark, 11010 Raven Ridge Road, Raleigh, NC, 27614
020019rev
Page 2 of 2
NORTH CAROLINA-DIVISON OF WATER QUALITY
401 WATER QUALITY CERTIFICATION
SUMMARY OF PERMITTED IMPACTS AND MITIGATION REQUIREMENTS
In accordance with 15A NCAC 2 H .0500, Mr. Robert H. Jones of JVC Homes, Inc. has permission as outlined
below to fill in 0.032 acre of wetlands, 2,313 linear feet of streams, and 45,065 square feet of Neuse Buffers for
construction of the Jones Dairy Farm Subdivision in Wake County, North Carolina. All activities associated with these
authorized impacts must be conducted with the conditions listed in the attached certification. THIS CERTIFICATION IS
NOT VALID WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENT
WETLAND RESTORATION PROGRAM
LOCATION:
COUNTY:
BASIN/SUBBASIN
Impacts:
Jones Dairy Farm Subdivision
Wake
Neuse (03-02-02-01)
0.032 acre of wetlands, 2,313 linear feet of streams, and 45,065 square feet of Neuse Buffers
Stream mitigation is required for this project in accordance with 15A NCAC 2H .0500 rules, and we understand
that you have proposed stream mitigation in order to obtain the 404 Permit. In correspondence dated March 26, 2002, the
North Carolina Wetland Restoration Program agreed to accept responsibility for this mitigation at a 2:1 ratio. You are
required to compensate for the above impacts through the restoration, creation, enhancement or preservation of streams
as outlined below prior to conducting any activities that impact or degrade the waters of the state.
Mitigation:
*8 linear feet of streams by WRP
Note: Linear foot requirements proposed to be mitigated through the Wetland Restoration Program must be rounded
to the nearest foot and acreage requirements must be rounded to one-quarter acre increments according to 15 2r
.0503(b).
One of the options you have available to satisfy the compensatory mitigation requirements is through the payment
of a fee to the Wetlands Restoration Fund per NCAC 211 .0503. If you choose this option, please sign this form and mail it
to the Wetlands Restoration Fund at the address listed below. An invoice for the appropriate amount of payment will be
sent to you upon receipt of this form. PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU
RECEIVE NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE WETLANDS RESTORATION
PROGRAM.
Signature Date
WETLANDS RESTORATION PROGRAM
DIVISON OF WATER QUALITY
1619 Mail Service Center
RALEIGH, N.C. 27669-1619
[phone]
Soil & Environmental Consultants, PA
11010 Raven, Ridge Road • Raleigh, North Carolina 27614 • Phone: [phone] • Fax: [phone]
www.SandEC.com
- March 22, 2002
S&EC, Inc. Project # 3352
DWQ Project # 02-0019
Department of Environment and Natural Resource 0 -
Division of Water Quality 019
Attn: John Dorney
2321 Crabtree Boulevard
Suite 250
Raleigh, NC 27604
n. , sr,
MAR
Re: Reply to the to questions contained in the Division of Water Quality's arch 7, 002' approval of 401-Water Quality Certification for the proposed Jones Dairy ??ent al
Subdivision, Wake Forest, Wake County, North Carolina . WATER C 4 VU w.
SECTION
Dear Mr. Dorney:
This letter is in response to your letter dated March 7, 2002 (copy attached), which granted
permission to begin the proposed work after the special conditions listed were met. There should
be no problems complying with Conditions 1 and 2 as specified on the 401 approval. Conditions
1 and 2 will be handled by the Project Engineer, Mr. Alan Keithof Diehl & Phillips, PA. Special
Conditions 3, 4, and 5 requested information that this response letter should provide.
3. As per Condition 3, the following information and approximate timeline of the
previously installed, unpermitted impacts was determined after meeting with the project
engineer, Mr. Alan Keith of Diehl & Phillips, and the landowner, Mr. Robert Jones of JVC
Homes. The stream impact resulting from the placement of rip-rap material in the stream was
completed immediately after Day Break Drive was installed (1995). Prior to January (DWQ) and
February (USACE) of 1997 there were no linear thresholds for channel impacts and the impacts wok' I
to streams were totaled as square footage or acreage. A non-reuo gNationwide Permit 26 a J?
could be utilized for impacts less than 3 acres. Approximately 1,875 linear feet of channel ( acre r
(11,250 ft) was impacted by placing rip-rap material in the channel for bank stabilization. This
portion of the property had previously been a pasture when the property was a dairy farm. The
rip-rapped channel was not buffered with trees prior to the residential development and did not
have well-defined banks. The rip-rap was placed in the stream to decrease future erosion along 3
the stream. The installation of Winter Spring Drive impacted 120 feet of channel and was begun ?1 P
in 1997 and completed in early 1998. In 1998, prior notification was not required if less than 150
linear feet of channel was impacted. Because the site was previously pasture, no trees or woody
vegetation existed adjacent to the creek. In 1998, woody vegetation was required within 50 feet
of the stream in order for a stream to be buffered. Regardless of the presence or absence of
woody vegetation prior to the road construction, the buffer impacts resulting from the road
crossing should still be below the 150 linear footage and 1/3 acre buffer threshold. A brief
outline provided by Alan Keith is attached.
All of the proposed stream channel impacts are to separate channels and no one channel has
impacts that exceed 150 linear feet. The following is a list of the proposed impacts and the
Charlotte Office: Greensboro Office: Hickory Office:
PMB 291, 3020-I Prosperity Church Road 3817-E Lawndale Drive 910 Boston Road
Charlotte, NC 28269-7197 Greensboro, NC 27455 Taylorsgille, NC 28681
Phone: [phone] Phone: [phone] Phone [phone]
Fax: [phone] Fax: [phone] Fax: [phone]
corresponding stream channel being impacted as it is labeled on the attached copy of Sheet 15 of
the Wake County Soil Survey:
Impact 1 Grandberry Drive 150 linear feet feature B (perennial)
Impact 2 Sweetclover Drive 148 linear feet feature A (perennial)
Impact 3 driveway crossing . 20 linear feet feature C (intermittent)
Also attached is a small-scale copy of the overall site.
4. In response to your questions about the use of an after-the-fact Nationwide Permit 26, the
US Army Corps of Engineers (USACE) has acknowledged that at the time the existing impacts
were completed, the activities would have been permittable. Therefore existing fills within
streams and wetlands are not in violation of permit regulations. However, because Nationwide
Permit 26 can no longer be issued, no permit will be granted for past impacts. Please see
paragraph 2 of the attached copy of written correspondence from the USACE.
5. Also contained in the attached copy of the USACE letter is a request for stream
mitigation for the proposed impacts. The letter requests mitigation for 318 linear feet of
proposed channel impact, however 20 linear feet of that total is to an intermittent stream channel.
In a telephone conversation with Ms. Amanda Jones of the USACE, it was determined that
mitigation would only be required for the impacts to the 298 linear feet of important perennial
channel, which are the proposed Grandberry Drive and the proposed Sweetclover Drive crossings
(i.e. Impact 1 and Impact 2). A mitigation rate of 2:1 will be applied to the perennial stream
impacts, which will total 96 linear feet of required stream mitigation. The appropriate
information has been sent to the NC-Wetland Restoration Program for confirmation of mitigation
payment acceptance. A copy of the Preliminary Acceptance Determination Request Form is
attached.
Please call if you have any questions or require further explanation or information.
Sincerely,
Sean Clark
Attachments: 1) Approval of 401 Water Quality Certification dated March 7, 2001
2) Outline of existing road impact installation
3) Copy of Soil Survey site vicinity map
4) Copy of small-scale site map
5) Copy of USACE letter
6) Copy of Preliminary Acceptance Determination Request Form
cc: Mr. Steve Mitchell (Raleigh DWQ Regional Office) via fax
Ms. Amanda Jones (USACE-Raleigh Regional Office)
2
W AT ?RQG
Michael F. Easley
Governor
William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
Gregory J. Thorpe, Ph.D., Acting Director
Division of Water Quality
Robert H. Jones
JVC Homes, Inc.
1209 Jones Dairy Farm Road
Wake Forest, NC, 27587
2 ( 0 March 7, 2002
D L? F. ject No. 02-0019
Wake County
r F MAR 1 4 20 GO 2
APPROVAL of 401 Water Quality Certification and Neuse River Buffer Rules with Additional Conditions
Dear Mr. Jones:
You have our approval, in accordance with the attached conditions, to place fill in 0.032 acre of wetlands, 2,313
linear feet of streams, and 45,065 square feet of Neuse Buffers in order to construct the Jones Dairy Farm Subdivision,
Phase 7, in Wake County, as described in your application received by the Division of Water Quality on January 7, 2002.
After reviewing your application, we have determined that this fill is covered by General Water Quality Certification
Numbers 3289 and 3287, which can be downloaded from our web site at http://h2o.enr.state.nc.us/ncwetiands . This
Certification allows you to use Nationwide Permit Numbers 14 and 39 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. If you change your
project, you must notify us in writing and you may be required to send us a new application for a new certification. If the
property is sold, the new owner must be given a copy of the Certification and approval letter and is thereby responsible for
complying with all conditions. If total wetland fills for this project (now or in the future) exceed one acre, compensatory
mitigation may be required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the
conditions listed in the attached certification as well as the additional conditions 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. 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. 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/ncwetiands ;
For our accounting purposes, please provide dates when each of the previous impacts to wetlands, Neuse buffers and
streams occurred within all phases of the Jones Dairy Farm Subdivision within 30 days of your receipt of this
Certification. Please note that cumulative impacts to streams and wetlands must be considered with respect to
mitigation requirements for this project, as discussed in condition 5 below. List all proposed impacts for each stream
segment occurring onsite, so that we may determine stream mitigation requirements based upon cumulative and
currently proposed impacts. It would be helpful to illustrate all these impacts clearly on a site map;
4. You have proposed after-the-fact use of Nationwide Permit 26 with the U.S. Army Corps of Engineers for some of the
impacts occurring in the past. Please relay any discussions you have had with the Corps as to whether or not you will
be allowed to use Nationwide Permit 26, or if they will use another Nationwide or Individual Permit. Please be advised
that DWO may need to revise the 401 Certification to reflect the types of permits the Corps issues for this project;
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)
Page 2 of 2
5. Since the stream impacts associated with this project exceed 150 linear feet, compensatory stream mitigation will be
required for this project in accordance with 15A NCAC 2H .0506(h). You have the following options for satisfying the
stream mitigation requirement associated with this project:
• Paymert:into the North Carolina Wetland Restoration Program (WRP), if the WRP will accept the responsibility for
conducting this mitigation work, or
• Preparing and implementing a stream mitigation plan.
Your stream mitigation proposal must be submitted to this office within 30 days of your receipt of this Certification. We
strongly suggest.that_ you, locate a mitigation site within the same river sub-basin as your project. At this time we are
unable to determine the stream mitigation requirements due to the lack of clarity in the application with respect to prior
and proposed•impacts.and.permits. At the very least, stream mitigation will be required for the 150-foot impact at Site 1
(Grandberry Drive).
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 Steve Mitchell in our Raleigh Regional Office at 919-571-4700 or Cyndi Karoly in the
Central Office at 919-733-9721.
Sin ly,
e ry J. T orpe, Ph.D.
Attachments
cc: Corps of Engineers Raleigh Field Office
Raleigh DWQ Regional Office
Central Files
File Copy
Sean Clark, 11010 Raven Ridge Road, Raleigh, NC, 27614
020019
3 /!/av
,
7
.?_._ ?A??R.?A1?_ jai!-?lY.-. 1.?1?^-16 _ .

C90 UZA)-L-
17

Figure 3
a
Proposed
Grandberry Drive
150 LF
•
Proposed
r Sweetclover Drive
• t, 148 LF
0- 0
Phase 7
Previously Permitted Crossing
(Action ID #199404444)
Day Break Drive
After-the-fact Request
NWP 26
Winter Spring Drive
0
Maps and databases are public information supplied
by various government agencies. The author and/or M ???
seller of the software program are in no way ??ee ++++ ???,a
responsible or liable for the information depicted
herein. Inquiries concerning the data should be 0 375 750 1125 1500 13:53
I I I l -_- ? DEC 21. 20D1
directed to the appropriate government agency. Scale in Feet

F a? ? ? ? i
,_
I

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402.1890
IN REPLY REFER TO February 14, 2002
Regulatory Division
Action ID No. 200220545
Mr. Robert Jones
JVC Homes, Inc.
Post Office Box 1108
Wake Forest, North Carolina 27587
Dear Mr. Jones:
,..
?, rT
MAR 2 5 2102
rit i_hY ?'OJ.
r
Reference is made to the letter dated January 3, 2002 submitted on your behalf by
Mr. Sean Clark with Soil & Environmental Consultants, Inc., requesting after-the-fact
Department of the Army (DA) nationwide permit authorization for 1,995 linear feet of
unreported stream channel impact resulting from construction of phases 1- 6 of Jones
Dairy Farm Subdivision, located north of Jones Dairy Road, in Wake Forest, North
Carolina. The letter also requested nationwide permit authorization for additional
proposed impacts to 318 linear feet of stream channel and 0.032 acre of wetland for road
construction required for phase 7 of the subdivision.
Based upon a site visit conducted by Ms. Amanda Jones of the Raleigh
Regulatory Field Office on November 21, 2001, and a review of the information
submitted with your application, it is evident that construction of Phases 1 - 6, which
took place in 1997, has resulted in the installation of a culvert into 120 linear feet of
stream channel, and the placement of riprap for stabilization into an additional 1,875
linear feet of stream channel. At the time these activities took place, existing regulations
provided for nationwide permit authorization of these impacts without prior notification
to the Corps of Engineers. Accordingly, existing fills within streams and wetlands on the
site are not in violation of permit regulations, and additional authorization for these
activities is not required. Please note, however, that all past impacts are considered when
determining the total cumulative impact to the aquatic environment that has resulted from
development of the subdivision.
Regarding your request for nationwide permit authorization for additional impacts
to 318 linear feet of stream channel and 0.032 acre of wetland for road construction,
General Condition 19 states that mitigation will be required when necessary to ensure
that the adverse effects to the aquatic environment are minimal. Your application does
not include a mitigation plan for proposed impacts to the stream channel. When
evaluated in conjunction with past impacts that have occurred as a result of development
of the property, it is our determination that proposed impacts to aquatic environment
would exceed those minimal adverse effects allowable by nationwide permit
authorization. Accordingly, the proposed activities will require individual DA permit
authorization (application enclosed). Alternatively, should you choose to revise your
permit application to include a plan to mitigate for adverse impact to the stream channels
resulting from your proposed development.activities, you may resub_ mit your application
to request nationwide permit authorization.
Please be reminded that issuance of DA authori zation must precede any
placement of excavated or fill material within any waters of the U.S. on your property.
Should you have any further questions regarding submittal of your DA permit application
or wish to schedule a consultation with interested Federal and State agencies, please do
not hesitate to contact Amanda Jones at telephone [phone], Extension 30.
Sincerely,
John T. Thomas, Jr.
Acting Chief, Raleigh
Field Office
Enclosure
Copy Furnished (without enclosure):
Mr. Sean Clark
Soil & Environmental Consultants, Inc.
11010 Raven Ridge Road
Raleigh, NC 27614
Mr. John Dorney
Water Quality Section
Division of Water Quality
North Carolina Department of Environment
and Natural Resources
1650 Mail Service Center
Raleigh, North Carolina 27699-1621

Item 5
PRELIMINARY ACCEPTANCE DETERMINATION
REQUEST FORM
This form must be used to obtain a preliminary payment acceptance determination
from the North Carolina Wetlands Restoration Program for all projects with estimated
mitigation requirements exceeding 5 acres of wetlands or 2,000 feet of stream.
Section A• To be completed by the U. S. Army Corps of Engineers
1. US ACOE representati e name &4b.+ 10'urs
2. US ACOE field office 1i4LEzql
3. US ACOE Permit or Action Number 2002220515-
4. Estimated mitigation requirements:
a. Wetland mitigation requirements? yes _X_no
b. Stream mitigation requirement? dyes no
c. Wetland type(s) impacted and estimated mitigation:
Riparian, acres
Non-Riparian, acres
f. Stream type(s) and estimated mitigation:
Cold water stream, feet:
Cool water stream, feet:
Warm water stream, feet: 59&
Section B• To be completed by the applicant
Instructions:
Payment to the NCWRP is a voluntary option which the applicant can chose as a means of
satisfying mitigation requirements. In order for the Corps to obtain a preliminary
determination of availability from the NCWRP, please complete all of the information
requested below and fax to the North Carolina Wetlands Restoration Program at (919) 733-
5321, or mail to: NC Wetlands Restoration Program, Division of Water Quality, P.O. Box
29535, Raleigh, NC 27626-0535.
1. Applicant name: R03gwr lames (ncf
2. 8 digit U.S.G.S. cataloging unit in which project K located:
3. River Basin in which project is located: A/eu5 e
4. Project description:- Reseda-Ji iL I z
yuIq as a.re clue 4-v a erass«cgs.
Fax Completed form to NCWRP: [phone]
Or mail to: NC Wetlands Restoration program
Division of Water Quality
P.O. Box 29535, Raleigh,
NC 27626-0535
Michael F. Easley, 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
Mr. Sean Clark
Sand EC
11010 Raven Ridge Road
Raleigh, North Carolina 27614
March 26, 2002
MAR 2 8 2002
WETLANDS
GRt:t;?P
!''/rTEi? QUP?Lf1Y SECTI;:
Subject: Project: Jones Dairy Farm Residential
County: Wake
The purpose of this letter is to notify you that the North Carolina Wetlands Restoration Program
(NCWRP) is willing to accept payment for stream impacts associated with the subject project. Please note
that the decision by the NCWRP to accept the mitigation requirements of this project does not assure that this
payment will be approved by the U.S. Army Corps of Engineers and the N.C. Division of Water Quality
Wetlands/401 Unit. It is the responsibility of the applicant to contact these agencies to determine if payment
to the NCWRP for impacts associated with this project is appropriate.
This acceptance is valid for six months from the date of this letter. If we have not received a copy of
the issued 404 Permit and 401 Certification within this time frame, this acceptance will expire.
Based on the information supplied by you in a letter dated March 22, 2002, the stream restoration
that is necessary to satisfy the compensatory mitigation requirements for this project is summarized in the
following table. The maximum amount of mitigation that the NCWRP will accept for this project is also
indicated in this table.
Stream
(linear feet) Wetland
(ft2 or acres Riparian Buffer
(ft2)
Impact 298
Mitigation Maximum 596
The stream mitigation will be provided as specified in the 401 Water Quality Certification and/or
Section 404 Permit for impacts associated with the subject project in Cataloging Unit 03020201 of the Neuse
River Basin. The mitigation will be performed in accordance with the Memorandum of Understanding
between the N.C. Department of Environment and Natural Resources and the U.S. Army Corps of Engineers
dated November 4, 1998.
If you have any questions or need additional information,,please contact Crystal Braswell at (919)
733-5208.
Sincerely,
ARonad E. F ell,
Program Manager
cc: }X 4i ffipgs; Wetlands/401 Unit
Amanda Jones, USACOE
Steve Mitchell, RRO
file
Wetlands Restoration Program 1619 Mail Service Center Raleigh, NC 27699-1619 [phone] Customer Service W
320 West Jones Street Raleigh, NC 27603 Fax: [phone] 623-7748.
17E
O?O? W AT ??QG
co 7
Michael F. Easley
Governor
William G_ Ross, Jr., Secretary
Department of Environment and Natural Resources
Gregory J. Thorpe, Ph.D., Acting Director
Division of Water Quality
March 7, 2002
DWQ Project No. 02-0019
Wake County
Robert H. Jones
JVC Homes, Inc.
1209 Jones Dairy Farm Road
Wake Forest, NC; 27587
APPROVAL of 401 Water Quality Certification and Neuse River Buffer Rules with Additional Conditions
Dear Mr. Jones:
You have our approval, in accordance with the attached conditions, to place fill in 0.032 acre of wetlands, 2,313
linear feet of streams, and 45,065 square feet of Neuse Buffers in order to construct the Jones Dairy Farm Subdivision,
Phase 7, in Wake County, as described in your application received by the Division of Water Quality on January 7, 2002.
After reviewing your application, we have determined that this fill is covered by General Water Quality Certification
Numbers 3289 and 3287, which can be downloaded from our web site at http://h2o.enr.state.nc.us/ncwetlands . This
Certification allows you to use Nationwide Permit Numbers 14 and 39 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. If you change your
project, you must notify us in writing and you may be required to send us a new application for a new certification. If the
property is sold, the new owner must be given a copy of the Certification and approval letter and is thereby responsible for
complying with all conditions. If total wetland fills for this project (now or in the future) exceed one acre, compensatory
mitigation may be required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the
conditions listed in the attached certification as well as the additional conditions 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. 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. 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 ;
3. For our accounting purposes, please provide dates when each of the previous impacts to wetlands, Neuse buffers and
streams occurred within all phases of the Jones Dairy Farm Subdivision within 30 days of your receipt of this
Certification. Please note that cumulative impacts to streams and wetlands must be considered with respect to
mitigation requirements for this project, as discussed in condition 5 below. List all proposed impacts for each stream
segment occurring onsite, so that we may determine stream mitigation requirements based upon cumulative and
currently proposed impacts. It would be helpful to illustrate all these impacts clearly on a site map;
4. You have proposed after-the-fact use of Nationwide Permit 26 with the U.S. Army Corps of Engineers for some of the
impacts occurring: in the past. Please relay any discussions you have had with the Corps as to whether or not you will
be allowed to use Nationwide Permit 26, or if they will use another Nationwide or Individual Permit. Please be advised
that DWQ may need to revise the 401 Certification to reflect the types of permits the Corps issues for this project;
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)
Page 2 of 2
5. Since the stream impacts associated with this project exceed 150 linear feet, compensatory stream mitigation will be
required for this project in accordance with 15A NCAC 2H .0506(h). You have the following options for satisfying the
stream mitigation requirement associated with this project:
• Payment into the North Carolina Wetland Restoration Program (WRP), if the WRP will accept the responsibility for
conducting this mitigation work, or
• Preparing and implementing a stream mitigation plan.
Your stream mitigation proposal must be submitted to this office within 30 days of your receipt of this Certification. We
strongly suggest that you locate a mitigation site within the same river sub-basin as your project. At this time we are
unable to determine the stream mitigation requirements due to the lack of clarity in the application with respect to prior
and proposed impacts and permits. At the very least, stream mitigation will be required for the 150-foot impact at Site 1
(Grandberry Drive).
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 Steve Mitchell in our Raleigh Regional Office at 919-571-4700 or Cyndi Karoly in the
Central Office at 919-733-9721.
Sinc ly,
eryJ. Ph.D.
Attachments
cc: Corps of Engineers Raleigh Field Office
Raleigh DWQ Regional Office
Central Files
File Copy
Sean Clark, 11010 Raven Ridge Road,' Raleigh, NC, 27614
020019
MEMORANDUM
TO: John Dorney
Non-Discharge Branch
Regional Contact: Steve Mitchell
WQ Supervisor: Ken Schuster
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name JVC Homes, Inc County Wake
Project Number 02 0019 County2
Recvd From APP Region Raleigh
Received Date 1/7/02 Recvd By Region
Project Type Access availability
Certificates Stream Stream Impacts (ft.)
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req. BE
714 Stream O YO N F- 27-23-3 F _c NSW 30,402. F__ F_F_ F_
,9 TII
NBR Waters P-7-@ N F__rF_F- 30,402. F__ r
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? 0 Y 0 N Did you request more info? 0 Y 0 N
Have Project Changes/Conditions Been Discussed With Applicant? 0 Y 0 N
Is Mitigation required? 0 Y 0 N
Recommendation: 0 Issue (0 Issue/Coed 0 Deny
Provided by Region: Latitude (ddmmss) Longitude (ddmmss)
Comments:
The after the fact permit for a Nat. 26 for the road crossing at Winter Sig Drive includes a lot of
stream and buffer impact. Channel impacts from the road crossing itself,'mpacts to the stream
from the pip, and impacts to the buffer from the placement of rip. It looks like 420 feet of stream
at the road crossing and the annlication states that 1-875 linear feet of channel were impacted by the
placement of the rip. I would think that f,Jis is a violation but it is relevant to the time threshold and
when we went from acreage to feet. No mitigation for the previous impact is offered. Whatever,
cc: Regional Office
Central Office Page Number 1
MEMORANDUM
TO: John Dorney Regional Contact: Steve Mitchell
Non-Discharge Branch WQ Supervisor: Ken-Schuster
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name JVC Homes, Inc County Wake
Project Number 02 0019 County2
Recvd From APP Region Raleigh
Received Date 1/7/02 Recvd By Region
Project Type Access availability
Certificates Stream Stream Impacts (ft.)
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req. ME
14 ? ©Y 4 N ? 2?-23-3 I ` Nsw 30.402.
}`> F__P Y" F_firs 30.40?. [__ F ?-
26 F-OY OO N F_F_F_F_F_F__F_ r-F_
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 Q N
W
Recommendation: Q Issue :, a d?,r# 0 Deny
Provided by Region: Latitude (ddmmss) Longitude (ddmmss) \ \ s S e 0 1 -7
Comments:
I -des a lot of
The after the fact perMot for a Nat. 26 for the road cross*ng at Wonter Sprbil
stream and buffer Channel impacts from the road crossona ream
from the pope- and to the buffer from the placement of rapop. It look? APO feet of stream
at the md crossing and the pplecation states that 1,875 finear feet of chann?4were *mpacted by the
placement of the Ei rap. MeT41"ashG14-and
1
gggagge to feet.. Whatever.

cc: Regional Office
Central Office Page Number 1
0200Isl
Soil & Environmental Consultants, PA
11010 Raven Ridge Road Raleigh, North Carolina 27614 • Phone: [phone] • Fax: [phone]
www.SandEC.com
January 3, 2002
ja 40 ?ft
NCDENR-DWQ US Army Corps of Engineers
Attn: Mr. John Dorney Attn: Ms. Amanda Jones
2321 Crabtree Boulevard 6508 Falls of Neuse Road
Parkview Boulevard Suite 120
Raleigh, NC 27604 Raleigh, NC 27615
RE: Nationwide Permits 14, 39, and after-the-fact 26, 401 Water Quality Certification
and Buffer Compliance Request
Jones Dairy Farm Subdivision
Rolesville, Wake County, North Carolina
(UTM Coordinates: Zone 17, 0728500 E'3982 160
S&EC Project #: 3352
Dear Mr. Dorney and Ms. Jones:
On behalf of JVC Homes, Inc., (property owner), we hereby request authorization from
the US Army Corps of Engineers to use Nationwide Permit 14 to cover permanent
impacts two perennial stream channels and one wetland and Nationwide Permit 39 to
cover permanent impact to an intermittent stream channel resulting from construction of
the proposed Smith Farm development. We also request an after-the-fact Nationwide
Permit 26 for previous impacts to channels due to bank stabilization and the installation
of a road, as well as confirmation from the NC Division of Water Quality (NC-DWQ)
that the project complies with the 401 Water Quality Certification associated with NWP
14 and the Neuse River Basin (NRB) buffer rules. A Pre-construction Notification
Application (PCN) is attached, which includes an agent authorization form.
A Nationwide Permit 26 was issued for the Day Break Drive crossing of a perennial
creek (see attached map). A copy of the permit for this crossing is attached (Action ID
#199404444). This permit allows impacts to 100ft2 (1994 permits did not make a
distinction between channel and wetland but instead gave acreage or square footage totals
for both). The road construction was then completed in 1995.
The following information and approximate timeline of the previously installed,
unpermitted impacts was determined after meeting with the project engineer, Mr. Alan
Charlotte Office: Greensboro Office: Hickory Office:
PMB 291, 3020-I Prosperity Church Road 3817-E Lawndale Drive 910 Boston Road
Charlotte, NC 28269-7197 Greensboro, NC 27455 Taylorsville, NC 28681
Phone: [phone] Phone: [phone] Phone [phone]
Fax: [phone] Fax: [phone] Fax: [phone]
January 2, 2002
S&EC Project #: 3352
Page 2
Keith of Diehl & Phillips, and the landowner, Mr. Robert Jones of JVC Homes. The
stream impact resulting from the placement of rip-rap material in the stream was
completed immediately after Day Break Drive was installed. Prior to January (DWQ)
and February (USACE) of 1997 there were no linear thresholds for channel impacts and the impacts to streams were totaled as square footage or acreage. A non-reporting ?- Viol
Nationwide Permit 26 could be utilized for impacts less than 3 acres. Approximately
1,875 linear feet of channel (11,250 ft2) was impacted by placing rip-rap material in the
channel for bank stabilization. This portion of the property had previously been a pasture
when the property was a dairy farm. The rip-rapped channel was not buffered with trees
prior to the residential development and did not have well-defined banks. The rip-rap
was placed in the stream to decrease future erosion along the stream. The installation of
Winter Spring Drive took place in 1997 and impacted 120 feet of channel. In 1997, prior
notification was not required if less than 150 linear feet of channel was impacted.
Because the site was previously pasture, no trees or woody vegetation existed adjacent to
the creek. In 1997, woody vegetation was required within 50 feet of the stream in order
for a stream to be buffered. Regardless of the presence or absence of woody vegetation
prior to the road construction, the buffer impacts resulting from the road crossing should
still be below the 150 linear footage and 1/3 acre buffer threshold. Ms. Amanda Jones of
the USACE met with me on-site on November 21, 2001.
S&EC delineated the wetlands and jurisdictional waters present on the Phase VII
property. Wetland and upland data forms are also attached. Mr. Steve Mitchell, of the
NC-DWQ, conducted and on-site determination on May 18, 2000, and his determinations
are reflected on the attached copy of the 2/15/01 letter (NBRRO 01-045).
Phase 7 of the Jones Dairy Residential Subdivision proposes road crossings of two
separate unnamed tributaries to Austin Creek, a driveway crossing of a separate unnamed
tributary to Austin Creek, and zone 2 impacts due to a sewer line installation. The
Sweetclover Drive crossing will impact 148 linear feet (including the rip-rap dissipater)
of a perennial tributary and will impact 1392 ft2 (0.032 acres) of wetlands. The
Grandberry Drive crossing will impact 150 linear feet of a separate unnamed tributary.
Both crossings are needed to access upland portions of the property, which would
otherwise be inaccessible. The proposed driveway crossing. Will impact 20 linear feet of
a separate intermittent channel. The driveway crossing is required in order to access a
portion of land-locked upland, lot 456 (see attached maps).
As previously stated, proposed buffer impacts will result from road crossings and a
driveway crossing of three separate buffered channels. The total buffer impacts resulting
from the driveway crossing will total 2760 ft2 or 0.0634 acre. The Sweetclover Drive
crossing will result in buffer impacts totaling 13,338 ft2 or 0.3062 acre. The Grandberry
Drive crossing will result in buffer impacts totaling 12,175 ft2 or 0.2795 acre. The road
crossings will impact less than 1/3 acre of separate channels, so S&EC does not believe
that buffer mitigation should be required for these impacts. Zone 2 buffer impacts
totaling 0.11 acre will result from a proposed sewer line running parallel in five locations
to one of the unnamed tributaries. Topographical and other constraints make the sewer
January 2, 2002
S&EC Project #: 3352
Page 3
line impacts to Zone 2 of the buffers necessary. Please see the attached copy of the letter
from Mr. Alan Keith of Diehl & Phillips for further explanation. S&EC does not believe
that buffer mitigation should be required for this project, however if it is payment to the
NC Buffer Restoration Fund is proposed.
Please call me or email me at SClark ,SandEC.com if you have any questions or if a site
meeting will be required.
Sincerely,
Brad Suther
Wetland Scientist/Soil Scientist in Training
Sean Clark
Environmental Scientist
Attachments:
Pre-construction (PCN) notification form
USGS Site Location Map (Figure 1)
Soil Survey Site Location Map (Figure 2)
Subdivision Map (Figure 3)
After-the-fact NWP 26 crossing map (Figure 4)
Wetland & NRB Impact Maps (7 Sheets)
Agent Authorization
Wetland and upland data forms
Letter from Mr. Alan Keith (Diehl & Phillips)
Copy of NWP 26 (Action ID #199404444) for Day Break Drive
Mr. Steve Mitchell's 2/15/01 NBR letter and maps
4?? f
?°) IN A T _,4 Q
r?tJ G
1
Pre-Construction Notification (PCN) Application Form
For Section 404 and/or Section 10 Nationwide, Regional and General Permits, Section 401
General Water Quality Certifications, and Riparian Buffer and Watershed Buffer Rules
This form is to be used for projects qualifying for any of the U.S. Army Corps of Engineers' (USAGE)
Nationwide, Regional or General Permits as required by Section 404 of the Clean Water Act and/or
Section 10 of the Rivers and Harbors Act, and for the North Carolina Division of Water Quality's
(DWQ) associated General 401 Water Quality Certifications. This form is also to be used for any
project requiring approval under any Riparian Buffer Rules implemented by the N.C. Division of Water
Quality. This form should not be used if you are requesting an Individual 404 Permit or Individual 401
Water Quality Certification. The USACE Individual Permit application form is available online at
http://www.saw.usace.at-rnv.mil/wetlands/PeiTn app.httn.
The USACE is the lead regulatory agency. To review the requirements for the use of Nationwide,
Regional or General permits, and to determine which permit applies to your project, please go to the
USACE website at http://www.saw.usace.an-ny.mil/wetlaiids/reatour.htm, or contact one of the field
offices listed at the end of this application. The website also lists the responsible project manager for
each county in North Carolina and provides additional information regarding the identification and
regulation of wetlands and waters of the U.S.
The DWQ issues a corresponding Certification (General or Individual), and cannot tell the applicant
which 401 Certification will apply until the 404 Permit type has been determined by the USACE.
Applicants are encouraged to visit DWQ's 401/Wetlands Unit website at
http://h2o.enr.state.nc.us/ncwetlands to read about current requirements for the 401 Water Quality
Certification Program and to determine whether or not Riparian Buffer Rules are applicable. The
applicant is also advised to read the full text of the General Certification (GC) matching the specific 404
Permit requested. In some cases, written approval for some General Certifications is not required,
provided that the applicant adheres to all conditions of the GC. Applicants lacking access to the internet
should contact DWQ's Central Office in Raleigh at [phone].
Trout Waters Coordination - Special coordination with the North Carolina Wildlife Resources
Commission (NCWRC) is also required for projects occurring in any of North Carolina's twenty-five
counties that contain trout waters. In such cases, the applicant should contact the appropriate NCWRC
regional coordinator (listed by county on the last page of this application).
Page i of 13
CAMA Coordination - If the project occurs in any of North Carolina's twenty coastal counties (listed on
the last page of this application) the applicant should also contact the North Carolina Division of Coastal
Management (DCM) at [phone]. DCM will determine whether or not the project involves a
designated Area of Environmental Concern, in which case DCM will act as the lead permitting agency.
In such cases, DCM will require a Coastal Area Management Act (CAMA) Permit and will coordinate
the 404/401 Permits.
USACE Permits - Submit one copy of this form, along with supporting narratives, maps, data forms,
photos, etc. to the applicable USACE Regulatory Field Office (addresses are listed at the end of this
application). Upon receipt of an application, the USACE will determine if the application is complete as
soon as possible, not to exceed 30 days. This PCN form is designed for the convenience of the applicant
to address information needs for all USACE Nationwide, Regional or General permits, as well as
information required for State authorizations, certifications, and coordination. Fully providing the
information requested on this form will result in a complete application for any of the USACE
Nationwide, Regional or General permits. To review the minimum amount of information that must be
provided for a complete PCN for each USACE Nationwide permit, see Condition 13, 65 Fed.Reg. 12893
(March 9, 2000), available at http://www.saw.usace.anny.mil/wetlands/nwpfinalFedRe.g.pdf
Processing times vary by permit and begin once the application has been determined to be complete.
Please contact the appropriate regulatory field office for specific answers to permit processing periods.
401 Water Quality Certification or Buffer Rules - All information is required unless otherwise stated
as optional. Incomplete applications will be returned. Submit seven collated copies of all USACE
Permit materials to the Division of Water Quality, 401/Wetlands Unit, 1650 Mail Service Center,
Raleigh, NC, 27699-1650. If written approval is required or specifically requested for a 401
Certification, then a non-refundable application fee is required. In brief, if project impacts include less
than one acre of cumulative wetland/water impacts and less than 150 feet cumulative impacts to
streams, then a fee of $200 is required. If either of these thresholds is exceeded, then a fee of $475 is
required. A check made out to the North Carolina Division of Water Quality, with the specific name of
the project or applicant identified, should be stapled to the front of the application package. For more
information, see the DWQ website at http://h2o.ehnr.state.nc.us/ncwetlandslfees.htmi. The fee must be
attached with the application unless the applicant is a federal agency in which case the check may be
issued from a separate office. In such cases, the project must be identifiable on the U.S. Treasury check
so that it can be credited to the appropriate project. If written approval is sought solely for Buffer Rules,
the application fee does not apply, and the applicant should clearly state (in a cover letter) that only
Buffer Rule approval is sought in writing. Wetlands or waters of the U.S. may not be impacted prior to
issuance or waiver of a Section 401 Water Quality Certification. Upon receipt of a complete application
for a 401 Certification, the Division of Water Quality has 60 days to prepare a written response to the
applicant. This may include a 401 Certification, an on-hold letter pending receipt of additional
requested information, or denial.
Page 2 of 13
Office Use Only: Form Version April 2001
USACE Action ID No. DWQ 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
1. Check all of the approval(s) requested for this project:
® Section 404 Permit
? Section 10 Permit
® 401 Water Quality Certification
® Riparian or Watershed Buffer Rules
2. Nationwide, Regional or General Permit Number(s) Requested: 14 & 39
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: ?
II. Applicant Information
1. Owner/Applicant Information
Name: JVC Homes, Inc.
Mailing Address: PO Box 1108
1209 Jones Dairy Farm Road
Wake Forest NC 27587
Telephone Number: [phone]
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: Sean Clark
Company Affiliation: Soil & Environmental Consultants PA
Mailing Address: 11010 Raven Ridge Road
Raleigh NC 27614
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: sclarkga sandec com
Fax Number: [phone]
Page 3 of 13
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad 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 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Jones Dairy Farm, Phase 7
2. T.I.P. Project Number (NCDOT Only): NA
3. Property Identification Number (Tax PIN): 1850734853
4. Location
County: Wake Nearest Town: Rolesville
Subdivision name (include phase/lot number): Jones Dairy, Phase 7
Directions to site (include road numbers, landmarks, etc.): The subject property is +/- 267
acres total includes all previously developed phases as well as the proposed phase) in size
and is located approximately 1 mile west of the intersection of Jones Dairy Road (SR 2053)
and Averette Road (SR 1945), north of Rolesville, Wake County, NC. The site is bounded to
the south by Jones Dairy Road.
5. Site coordinates, if available (UTM or Lat/Long): Zone 17, 0728500E 3982160 N
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Describe the existing land use or condition of the site at the time of this application:
Phases 1 - 6 consist of developed residential subdivision. Phases 7 is undeveloped at this
7. Property size (acres): +/- 267 acres (+/- 60 acres in Phase 7)
8. Nearest body of water (stream/river/sound/ocean/lake): UT of Austin Creek
9. River Basin: Neuse River
Page 4 of 13
(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!.)
10. Describe the purpose of the proposed work: The purpose of the proposed project is to
provide access and sewer service to a residential subdivision.
11. List the type of equipment to be used to construct the project:
Conventional heM equipment.
12. Describe the land use in the vicinity of this project: Residential / agricultural.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
No jurisdictional determination has been issued for this project. A Nationwide 26 Permit was
issued for the Daybreak Drive Road Crossing (see attached maps) in Phase 4 of Jones Dairy
Subdivision on August 31, 1994. The Action ID Number for this permit is 199404444. No other
permits have been issued for this project.
V. Future Project Plans
Are any additional permit requests anticipated for this project in the future? If so, describe the
anticipated work, and provide justification for the exclusion of this work from the current
application: None known at this time. Although future development will most likely occur on
another portion of the property, no final plans exist at this time
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
Page 5 of 13
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
1. Wetland Impacts
Wetland Impact Area Located within Distance to
Site Number Permit
Type Type of
* of 100-year
** Nearest Type of Wetland***
(indicate on Impact Impact Floodplain Stream
map) (acres) (yes/no) (linear feet)
Impact 2
(Sweetclover
NWP 14
Fill 0.032
no Immediately Bottomland Hardwood

Drive) acre adjacent Forest

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain snaps. Maps are available through the FEMA 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 Bay, bog, etc.)
List the total acreage (estimated) of existing wetlands on the property: 0.5 acres (Phase 7)
Total area of wetland impact proposed: 0.032 acre
2. Stream Impacts, including all intermittent and perennial streams
Stream Impact Length of Average
Width of
Perennial o
Site Number
Permit Type Type of Impact
Stream Name**
Stream r
Intermittent.
(indicate on Impact* (linear Before (please specify)
map) feet) Impact
Impact 1 - Roadway fill
Grandberry NWP 14 (culvert) 150 LF UT of Austin Creek 5' Perennial
Drive
Impact 2 - Roadway fill
'
Sweetclover NWP 14 (culvert) 148 LF UT of Austin Creek 6 Perennial
Drive
Impact 3 -
Lot 456
NWP 39 Driveway fill
(culvert) 20 LF UT of Austin Creek 3' Intermittent
Page 6 of 13
Previous Impact After the fact
Winter Spring NWP 26 Roadway fill 120 LF UT of Austin Creek + 6' Perennial
Drive
Previous Impact After-the-fact
Rip-rap
'
Bank NWP 26 + 1,875 LF UT of Austin Creek + 6 Perennial
Stabilization
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated nprap,
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. 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 UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.usgs.pov. Several intemet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.mapquest.com etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 2313 LF
After the fact NWP26 -----120 LF (important / significant channel)
After the fact NWP26 -----1875 LF (important / significant channel)
Proposed NWP 14---------298 LF (important / significant channel)
Proposed NWP 39 ----------20 LF (unimportant / insignificant channel)
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
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.)
NA

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
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): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): NA
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): NA
Size of watershed draining to pond: NA Expected pond surface area: NA
Page 7 of 13
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
The applicant requested a detailed delineation of wetlands within Phase 7 prior to developing a
site plan in order to minimize impacts to wetlands and waters of the U.S. to the maximum extent
practicable. However, an unnamed tributary to Austin Creek (feature "A") separates Phase 7
from the remainder of the subdivision, making it necessai to impact feature "A" and a small
area of wetland with a road crossing in order to provide access to this parcel from the remainder
of the subdivision (see impact 2). The Sweetclover Drive crossing is aligned to minimize
impacts to the wetland area west of the crossing, location and allows for an approximately
perpendicular stream impact. The applicant also plans to construct a road crossing over feature
"B" (see Grandbe!U Drive impact maps). This crossing is required to provide access to the
western half of Phase 8, which is separated from the remainder of the subdivision by feature "A"
to the south and by feature "B" to the east. The driveway crossing shown at impact 3 will
service lot 456. Lot 456 is bounded to the west by feature "C", to the north by feature "A", and
to the east and south by the property line, making it necessary to provide a driveway crossing to
access the lot. The engineer has redesigned the driveway crossing and has provided a map
showing the driveway outside of the buffers of feature "A."
As shown on the attached impact map, the proposed sewer line will result in parallel impacts to
Zone 2 of the Neuse Buffers of features "A" and "B" at five locations. At these locations severe
topography and an abundance of rock outcroppings necessitate the placement of the sewer line
within Zone 2 of the Neuse Buffers. Please refer to the justification letter provided by Mr. Alan
Keith of Diehl and Phillips, PA, for further explanation of these constraints.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
Page 8 of 13
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/strnlgide.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
NA - below thresholds.
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
NCWRP is available as an option. For additional information regarding the application
process for the NCWRP, check the NCWRP website at htt ::/r712o.enr.state.nc.us wM/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): NA
Amount of buffer mitigation requested (square feet): NA
Amount of Riparian wetland mitigation requested (acres): NA
Amount of Non-riparian wetland mitigation requested (acres): NA
Amount of Coastal wetland mitigation requested (acres): NA
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
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Page 9 of 13
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No ?
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 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 a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify. )?
Yes ® No ? If you answered "yes", provide the following information:
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.
Proposed Impacts
Zone* Impact
(square feet) Multiplier Required
Mitigation
1 17,914 ftZ 3
2 15,151 ftZ 1.5
Total 33,065 ftZ
* Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
After-the-fact Impacts (Winter Spring Drive)
Zone* Impact
(square feet) Multiplier Required
Mitigation
1 7,200 ftZ 3
2 4,800 ftZ 1.5
Total 12,000 ftZ
* Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
Page 10 of 13
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.
Mr. Alan Keith of Diehl & Phillips PA has verified that the impervious surface coverage of the
project site will be less than 30%. Temporary sediment basins and silt fences will be used to
control run-off from construction areas.
XII. Sewage 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.
Sanitary Sewer
XIII. Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No ?
Is this an after-the-fact permit application?
Yes ? No ?
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
Page I 1 of 13

v/
1U (
Applicant/Agent's Signature 7 D to
(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 Union
US Army Corps of Engineers Avery Clay Jackson Polk Watauga
151 Patton Avenue Buncombe Cleveland Lincoln Rowan Yancey
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 Wilson
US Army Corps Of Engineers Alleghany Edgecombe Lee Stokes Yadkin
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 Pitt
US Army Corps Of Engineers Bertie Dare Lenoir Tyrrell
Post Office Box 1000 Camden Gates Martin Washington
Washington, NC 27889-1000 Carteret* Green Pamlico Wayne
Telephone: [phone] Chowan Hertford Pasquotank
Fax: [phone] Craven Hyde Perquimans *Croatan National Forest Only
Wilmington Regulatory Field Office Anson Duplin 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
US Fish and Wildlife Service / National Marine Fisheries Service
US Fish and Wildlife Service US Fish and Wildlife Service National Marine Fisheries Service
Raleigh Field Office Asheville Field Office Habitat Conservation Division
Post Office Box 33726 160 Zillicoa Street Pivers Island
Raleigh, NC 27636-3726 Asheville, NC 28801 Beaufort, NC 28516
Telephone: [phone] Telephone: [phone] Telephone: [phone]
North Carolina State Agencies
Division of Water Quality
401 Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
Division of Water Quality
Wetlands Restoration Program
1619 Mail Service Center
Raleigh, NC 27699-1619
State Historic Preservation Office
Department Of Cultural Resources
4617 Mail Service Center
Raleigh, NC 27699-4617
Page 12 of 13
Telephone: [phone] Telephone: [phone] Telephone: [phone]
Fax: [phone] Fax: [phone] Fax: [phone]
CAMA and NC Coastal Counties
Division of Coastal Management Beaufort Chowan Hertford Pasquotank
1638 Mail Service Center Bertie Craven Hyde Pender
Raleigh, NC 27699-1638 Brunswick Currituck New Hanover Perquimans
Telephone: [phone] Camden Dare Onslow Tyrrell
Fax: [phone] Carteret Gates Pamlico Washington
NCWRC and NC Trout Counties
Western Piedmont Region Coordinator Alleghany Caldwell Watauga
3855 Idlewild Road Ashe Mitchell Wilkes
Kernersville, NC 27284-9180 Avery Stokes
Telephone: [phone] Burke Surry
Mountain Region Coordinator Buncombe Henderson Polk
20830 Great Smoky Mtn. Expressway Cherokee Jackson Rutherford
Waynesville, NC 28786 Clay Macon Swain
Telephone: [phone] Graham Madison Transylvania
Fax: [phone] Haywood McDowell Yancey
Page 13 of 13
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Project #: Scale:
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Project Date: Soil & Environmental Consultants, PA
Mgr.: SC 11120101 Jones Dairy Farm Subdivision 11010 Raven Ridge Rd.- Raleigh, NC 27614
JVC Homes, Inc. [phone] - [phone]
Rolesville, Wake County, NC Web Page: www.SandEC.com
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Figure 2 - Wake County
Project
Mgr.: SC Date:
11120101 Soil Survey, Sheet 15
Jones Dairy Farm Subdivision
JVC Homes, Inc.
Rolesville, Wake County, NC
Soil & Environmental Consultants, PA
11010 Raven Ridge Rd.- Raleigh, NC 27614
[phone] ¦ [phone]
Web Page: www.SandEC.com
Figure 3
>1? fer!
Phase 7
After-the-fact Request
NWP 26
Winter Spring Drive
0
, . x'
Previously Permitted Crossing
(Action ID #199404444)
Day Break Drive
Maps and databases are public information supplied ®®® I
by various government agencies. The author and/or !? A ?` ,?
seller of the software program ore in no way ? v' v
responsible or liable for the information depicted
herein. Inquiries concerning the data should be 0 375 750 1125 1500 13:53
1 1 I _I DEC 21, 2001
directed to the appropriate government agency. i Scale in Feet I
After-the-fact NWT 26 crossing
? v ?? ? 22,028\5,' F,
1
`71
'? J 2 POST DE?EL OPMEIV T
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FENCE I SO L ' LINE
rr, TLOOD HARZARD
DRIVEWAY IMPACTS I \ /
0.06 AC. I /
457
50 0 50 100
456
.I
I / ? I
I / I I
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PHASE 7
DRIVEWAY BUFFER IMPACTS

PHASE 8
2,760 S.F. TOTAL IMPACT
50' NBR i 50' NBR ?j
L
WETLAND ;;; 1 ! 425
IMPACTS j
?I
,,:::may
......
1 71 I"'----20' DRAINAGE
ESM'T
\ ? i ? i Ij i 4,24
,I-
??'j? - 'Sxoo II j I
Q) 17+00
O
w i !
WETLANDS IMPACT 1,392 S.F. TOTAL IMPACT
SCALE: 1"= 40'
423
i?
,? jam` ? ? ?
00
\ ?k
. w
W
ZONE 2
IMPERVIOUS
ZONE 2
IMPACTS
1
50' NBR i

?S\
60
50' NBR
20' DRAINAGE
f ESM'T
V iI I
I? I ZONE 2
I IMPACTS 4?4
I
ZONE 2
IMPERVIOUS
u
17+00
- EVE No. 2

O o ?,; •;,
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' ZONE IMPACT 4,777 S.F. TOTAL IMPACT
' 2,032 S. F. IMPERVIOUS
SCALE: 1"= 40'

423 I ?
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r 20' DRAINAGE
r r ESM'T
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' 456
' ZONE I IMPACT

SCALE. I"= 40'
-1
71
.o
/ I
/ !r
m 8,561 S.F. TOTAL IMPACT
i
429 t i ? i !// //
/ APPROXIMATE LIMITS OF
/ NEUSE RIPARIAN BUFFERS
.,L
ZONE 1
IMPACTS
1 G NDBEl?7?
P_4 -? _ /19+00
P-43
/DRI VE_
P , / 4 39
144
0
/CT
7,697 S.F. TOTAL IMPACT
ZONE I IMPACT
SCALE: 1"-- 40'
APPROXIMATE LIMITS OF
/ NEUSE RIPARIAN BUFFERS
_ ZONE 2
IMPACTS
Z-9-LV.E 2 - I?RANDRMRRY
- -
IMPERVl6UZ-,_,
P_4p 9+00
rr
VE NO. 2 +--
ZONE 2 P-43
IMPACTS
-DRIVE
441 / / / / ZONE 2
IMPERVIOUS
44Q
I ZONE 2 IMPACT 4,478 S.F. TOTAL IMPACT
SCALE: 1"-- 40' 1,694 S.F. IMPERVIOUS
Soil & Environmental Consultants, Inc.
244 WCSt yliilbrook Road ¦ Raleigh, North Carolina 27609 ¦ (919) 846•-59M $ E' ax (919) 946-9,16-
AGMNT ALT17HORIZA.770N FORM
All Monks To Be Filled In By IM-e Current Landowner
Name: - 1 t-:-Avin_P-s?f-???'Gr-'^" -
Address: T 0 - 3aQ 5i 015?__ .
Phone;
Project Name/'Deseriptiort
Date: 'A - l_- t& D 0 p r
The Department of the Army
U.S. Army Corps of Engineers, Wilmin&n District
P.O, Box
Wilmington, NC 28402
Attn: 4jw LAI Jo?y,? S
Field Office., LL.Z 9 -
Re: Wetlands Related Consulting and Permitting
To Whom It Moy Concern:
L the current 2rqRer owner, hereby designate and authorize Soil & Enviwnmental Consultants, Inc. to
act in my behalf as my agent in the processing of permit applications, to furnish upon requ t
sp plemental infor? ation in support of applications, etc, from this day forward, 7lie _., day of
r,/ /__" goo .
This notification supersedes any previous correspondence concoming the agent for tl} s project.
NOTICE: This authorization, for liability and professional courtM reasons, is valid only for
government officials to eater the property when Accompanied by S&EC staff. You should call S&EC
to mange a site meeting prior to visiting the site.
Print Property Owner's Name
cc: Mr. John Dorney
NCDEH & NR - DWQ, Water Quality Planning
4401 Reedy Creek Road
Raleigh, NC 27607
Property Ow'ner' ignature
cc: Mr. Kevin Martin
Soil & Environmental Consultants, Inc.
agfrrUrm
?oli, ?icc _t•:,lti,It1Ur, !3 Iaornclg arui ?h% ,ca! .\na1}•sis 3 Vletiands Mapping and 1i i;,.?lic l) a
fl.. . 'Y'-.. c ^.•.??rrI, .,-T .%14 e...? 1. 11!' 1r'(111 Ond 1e`lcl?
FEB. 1.200 2:40PM N0.095 P.2i2+,
FK8^al-OW ?o poa HN DIEHL & PHILLIPS 919 467 532'. 02
Delineation Performed by: Soil & Environmental Consultants, Inc.
244 West Millbrook Road 231 16th Avenue NE
Raleigh, NC 27609 Hickory, NC 28601
Phone: [phone] Phone: [phone]
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
ProjeCt/Site: Jones Dairy Farm(Phase 7) / Project #3352up Date: 01-14-00
Applicant/Owner: JVC Homes County: Wake
Investigator: Sean Clark State: NC
Do normal circumstances exist on the site? Yes Community ID:
Is the site significantly disturbed
(Atypical situation)? No Transit ID: Upland area
Is the area a potential problem area? No Plot ID:
(If needed, explain on reverse.)
VEGETATION
Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator
1.Pinus taeda Tree FAC 9. Lonicera japonica Vine FAC-
2.Liquidambar styraciflua Tree FAC 10.
3. Acer rubrum Tree FAC 11.
4.Quercus alba Tree FACU 12.
5.Cornus florida Tree FACU 13.
6. Euonymus americanus Shrub FAC- 14.
7.Toxicodenron radicans Vine FAC 15.
8. Smilax rotun&folia Vine FAC 16.
Percent of dominant species that are OBL, FACW or FAC (excluding FAC-): 55.5 %
Remarks:
HYDROLOGY
Recorded Data (describe in remarks) Wetland Hydrology Indicators:
Stream, Lake or Tide Gauge Primary Indicators:
Aerial Photographs Inundated
Other Saturated in Upper 12 Inches
X No recorded Data Available Water Marks
Drift Lines
Field Observations: Sediment Deposits
Drainage Patterns in Wetlands
Depth of Surface Water: 0 (in.) Secondary Indicators: (2 or more required)
Oxidized Root Channels in
Depth to Free Water in Pit: >12 (in.) Upper 12 Inches
Water-Stained Leaves
Depth to Saturated Soil: >12 (in.) Local Soil Survey Data
FAC Neutral Test
Other (explain in remarks)
Remarks:
SOILS
Map Unit Name
(Series and Phase):
Taxonomy (Subgroup)
Louisburg loamy sand
Ruptic-Ultic Dystrochrepts
Drainage Class: Somewhat excessively
Field Observations
Confirm Mapped Type? Yes
Profile Description:
pm h
ins. Horizon
0-7 Ap
7-12+ E
Matrix Color Mottle Colors Mottle
(Munsell Moist) (Munsell Moist) Abundance/Contrast
IOYR 3/2
IOYR 5/4
Texture, Concretions,
Structure etc.
loamy sand
sandy loam
Hydric Soil Indicators:
Histosol
Histic Epipedon
Sulfidic Odor
Aquic Moisture Regime
Reducing Conditions
Gleyed or Low-Chroma Color
Remarks: *USDA Soil Survey referenced
Concretions
High Organic Content in Surface Layer in Sandy Soil
Organic Streaking in Sandy Soils
Listed on Local Hydric Soils List
Listed on National Hydric Soils List
Other (explain in remarks)
Wetland Determination
(circle yes or no)
Hydrophytic Vegetation Present? Yes
Wetland Hydrology Present? No
Hydric Soils Present? No
Is This Sampling Point Within a Wetland? No
Remarks:
Delineation Performed by: Soil & Environmental Consultants, Inc.
244 West Millbrook Road 231 16th Avenue NE
Raleigh, NC 27609 Hickory, NC 28601
Phone: [phone] Phone: [phone]
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Project/Site: Jones Dairy Farm(Phase 7) / Project #3352 Date: 01-14-00
Applicant/Owner: JVC Homes County: Wake
Investigator: Sean Clark State: NC
Do normal circumstances exist on the site? Yes Community ID: Bottomland hardwood
Is the site significantly disturbed
(Atypical situation)? No Transit ID: Wetland
Is the area a potential problem area? No Plot ID:
(If needed, explain on reverse.)
VEGETATION
Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator
1.Liriodendron tulipifera Tree FAC 9. Juncus effusus Herb FACW+
2.Liquidambar styraciflua Tree FAC 10. Smilax rotundifolia Vine FAC
3. Acer rubrum Tree FAC 11.
4.Quercus phellos Tree FACW- 12.
S.Alnus serrulata Shrub FACW+ 13.
6. Sambucus canadensis Shrub FACW- 14.
7.Toxicodenron radicans Vine FAC 15.
8.Carex lurida Herb OBL 16.
Percent of dominant species that are OBL, FACW or FAC (excluding FAC-): 100 %
Remarks:
HYDROLOGY
Recorded Data (describe in remarks)
Stream, Lake or Tide Gauge
Aerial Photographs
Other
X No recorded Data Available
Field Observations:
Depth of Surface Water:
Depth to Free Water in Pit:
Depth to Saturated Soil:
(in.)
>12 (in.)
>12 (in.)
Wetland Hvdroloev Indicators:
Primarv Indicators:
Inundated
Saturated in Upper 12 Inches
Water Marks
X Drift Lines
X Sediment Deposits
X Drainage Patterns in Wetlands
Secondar y Indicators: (2 or more required)
X Oxidized Root Channels in
Upper 12 Inches
Water-Stained Leaves
Local Soil Survey Data
FAC Neutral Test
Other (explain in remarks)
Remarks:
SOILS
Map Unit Name
(Series and Phase):
Taxonomy (Subgroup):
Worsham sandy loam
Typic Ochraquults
Drainage Class: Poorly
Field Observations
Confirm Mapped Type? Yes
Profile Description:
pm h Matrix Color Mottle Colors Mottle Texture, Concretions,
ins. Horizon (Mansell Moist) (Munsell Moist) Abundance/Contrast Structure etc.
0-7 A 10YR 5/1
7-11 E 10YR 6/1
11-13 BEg 10YR 6/2
Hykc Soil Indicators:
Histosol
Histic Epipedon
Sulfidic Odor
X_ Aquic Moisture Regime
_X_ Reducing Conditions
_X Gleyed or Low-Chroma Color
sandy loam
sandy loam
sandy clay loam
Concretions
High Organic Content in Surface Layer in Sandy Soil
Organic Streaking in Sandy Soils
_X Listed on Local Hydric Soils List
X Listed on National Hydric Soils List
Other (explain in remarks)
Remarks:
Wetland Determination
(circle yes or no)
Hydrophytic Vegetation Present? Yes
Wetland Hydrology Present? Yes
Hydric Soils Present? Yes
Is This Sampling Point Within a Wetland? Yes
Remarks:
11/12/2001 17:47 9194675327 DIEHL&PHILLIPS PAGE 02
DIEHL & PHILLIPS, P.A.
CONSULTING ENGINEERS
219 East Chatham Street
Cary, North Carolina 27511
Telephone [phone] • Fax [phone]
November 12, 2001
Sean Clark
Soil & Environmental Consultants
11010 Raven Ridge Road
Raleigh, NC 27614
Re: Neuse Riparian Buffer Impacts for Utilities and Driveway
Jones Dairy Farm Subdivision Phase 7
Wake County
Dear Sean:
Wtu iAm C. DIAL, P_Ir
JoM F. PHIL UPS, P F-
ALAN R. KEITH, P.E.
This letter is to clarify the necessity of Neuse Riparian Buffers (NRB) Zone 2 impacts for the
proposed project. The Phase 7 site has severe topography. Extremely steep slopes are common
on the site. There is an abundance of very shallow rock throughout the site. The branches that
transverse the site meander and bend randomly.
As you know, the sanitary sewer normally follows drainage features. We have avoided sewer
parallels of the branches throughout most of the project. There are some locations where the
sewer must approach the drainage features and the NRB. In particular the sewer is near the
branch along the western property line where the proposed sewer ties into the existing sewer.
We have made every effort to balance impacts to the NRB with excessive depth of sewer which
will rewire expensive rock excavation. There are some locations where the sewer must be
routed in Zone 2 to avoid steep slopes and rock outcroppings. Extra manholes due to frequent
bends greatly increases the cost of the sewer as well.
Further, there is a single lot (lot 456) that cannot be accessed without crossing one of the
branches carrying NRB. The streets cannot be reconfigured to prevent this situation without
creating larger streets impacts to the buffers. Therefore, one lot has driveway impacts.
Call if you require anything further.
Sincerely,
Diehl & Phillips, P.A.
Alan R. Keith, P.E.
enclosures
PO Box t tun wake Fort'st t4.0.
SEP. 2 '94 8:48AM JVC INC
SSG 44;2
U.S. ARMS' CORPS OF ENGINEERS
WILMINGTON DISTRICT
919-556-4472
P.2
F-,q X
Action 117._ l "4 H o g q y l? County_ w rt ko
GENERES L PERMIT (REGIONAL AND NATIONWIDE) VE, RIFICATION
Property Owner/Agent•??er? t jy p
r1 ? . ? ? ? -+ h r
Address _ , CJ p??- ' (Q
wC?L Vc)yPS? A.1 a
Telephone No.
Size and Location of project (waterbody, road name/number, town, etc.) Y .
two r to t/z rvA LOeS F
U C C, P, I
t?e . Pd ct-s t
t' y5
ID . o. 5• p cs,.b ? JS. ?-, ??E L
Description of Activity f
v l?r ?C.-1 S .
kiLV;s ?? t?o ??? Ir,/JAm ,.? ,:.....?, i r. -1?
'T 6 Q- To
ZSection 404 (Clean Water Act, 33 USC 1344) only.
Section 10 (River and Harbor Act of 1899) only.
Section 404 and Section 10.
Regional General Permit or Nadonwide.l'ermit 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/Nationwide Permit verification does not relieve the undersigned
permittee of the responsibility to obtain any other required Federal, State, or local approvals/ permits. The
may need to contact appropriate State and local agencies before beginning work. permittee
By signature below, the permittee certifies an understanding and acceptance of all terms and conditions of this
permit. '
Property Owner/Authorized Agent S
Regulatory Project Manager Signatu,
Date
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORM, ETC.. MtIRT AP Al-rA/?u=r, rr,
THE YFt t f'Jw fMT =. ..,..,< - -
27588

State of North Carolina P01WA IT Department of Environment .
and Natural Resources
Raleigh Regional Office
Michael F. Easley, Governor NCDENVI
William G. (Bill) Ross Secretary NORTH CAROLINA DEPARTMENT OF
r ENVIRONMENT AND NATURAL RESOURCES
February 15, 2001
Sean Clark
S & E C, Inc.
11010 Raven Ridge Road
Raleigh, N. C. 27614
Subject: Neuse River Basin Riparian Buffer Rules
NBRRO 01-045
Jones Dairy Farms Property
S & E C Project # 00-3352
Wake County
Dear Mr. Clark:
This letter will serve as confirmation of the buffer determinations made by S & E C at the subject
property referenced by the Raleigh Regional Office as NBRRO 01-045.
The features represented on the Wake County Soils and the USGS Rolesville Quad maps were
evaluated on May 18, 2000 to determine their subjectivity to the Neuse Buffer Rule. Several
different stream features are present on this property. Those features that are and are subject to
protection under the Neuse River Basin: Nutrient Sensitive Waters Management Strategy; Protection
and Maintenance of Existing Riparian Areas, Administrative Code T15A:02B.0233 (NCAC 0233)
are depicted on the plat maps received by this Office on February 2, 2001.
This letter only addresses the applicability of the Neuse Buffer Rules. For information relevant to
wetland and other impacts, please contact the Central Office at 733-1786. 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.
Sincerely,
Steve Mitchell
Environmental Scientist
cc: RRO/John Dorney
Wake County
1628 Mail Service Center, Raleigh, NC 27699-1628 Telephone [phone] FAX [phone]
An Equal O,ppoy ty Affi?m?tiveg?ion EryiploUU
ye?5 50% recycled/10% post-consumer paper
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State of North Carolina
Department of Environment
and Natural Resources
Raleigh Regional Office
Michael F. Easley, Governor
William G. (Bill) Ross, Secretary
February 15, 2001
Sean Clark
S & E C, Inc.
11010 Raven Ridge Road
Raleigh, N. C. 27614
Subject:
Dear Mr. Clark:
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
B 2 2 M
Neuse River Basin Riparian Buffer Rules
NBRRO 01-045
Jones Dairy Farms Property
S & E C Project # 00-3352
Wake County
This letter will serve as confirmation of the buffer determinations made by S & E C at the subject
property referenced by the Raleigh Regional Office as NBRRO 01-045.
The features represented on the Wake County Soils and the USGS Rolesville Quad maps were
evaluated on May 18, 2000 to determine their subjectivity to the Neuse Buffer Rule. Several
different stream features are present on this property. Those features that are and are subject to
protection under the Neuse River Basin: Nutrient Sensitive Waters Management Strategy; Protection
and Maintenance of Existing Riparian Areas, Administrative Code T15A:02B.0233 (NCAC 0233)
are depicted on the plat maps received by this Office on February 2, 2001.
This letter only addresses the applicability of the Neuse Buffer Rules. For information relevant to
wetland and other impacts, please contact the Central Office at 733-1786. 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.
Sincerely,
Steve Mitchell
Environmental Scientist
cc: RRO/John Dorney
Wake County
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