20020041 Ver 1_COMPLETE FILE_20020110

O Michael F. Easley
O`,QG 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
March 7, 2002
DWQ# 02-0041
Wake County
TIN, Inc.
C/o Sean Clark
130 Edinburgh Drive, Suite 102
Cary, NC, 27511
APPROVAL of 401 Water Quality Certification with Additional Conditions and Neuse Buffer Rules
Dear Mr. Clark:
You have our approval, in accordance with the attached conditions, to construct a sewerline at the Smith Farms Residential
Subdivision in Wake County, as described in application materials received by the Division of Water Quality on January 10, 2002. After
reviewing your application, we have decided that this work is covered by General Water Quality Certification Number 3288, which can be
downloaded from our web site at http://h2o.enr.state.nc.us/ncwetlands . This Certification allows to use Nationwide Permit Number 12
when the Corps of Engineers issues it. This approval is also valid for the Neuse Buffer Rules (15A NCAC 2B .033). In addition, you
should get any other federal, state or local permits before you go ahead with your project including (but not limited to) Sediment and
Erosion Control, Coastal Stormwater, Non-Discharge, State Stormwater and Water Supply Watershed regulations. Also this approval will
expire when the accompanying 404 permit expires unless otherwise specified in the General Certification.
This approval is only valid for the purpose and design that you described in your application. If you change your project, you must
notify us and you may be required to send us a new application for a new certification. If the property is sold, the new owner must be
given a copy of the Certification and approval letter and is thereby responsible for complying with all conditions. If total wetland fills for
this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h).
For this approval to be valid, you must follow the conditions listed in the attached certification and the additional condition listed below:
1. Forested vegetation shall be restored within the cleared sewerline footprint where prior unapproved Neuse Buffer impacts occurred
within the next growing season following construction of the project. A copy of the buffer restoration plan shall be submitted to Mr.
Steve Mitchell at the DWQ Raleigh Regional Office (3800 Barrett Drive, Raleigh, NC, 27609) for his written approval prior to the
restoration work;
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 our Central Office at 919-
733-9721..
rely,
J.'Thorpe, Ph
Attachment
cc: Corps of Engineers Raleigh Regulatory Field Office
Raleigh DWQ Regional Office
File Copy
Central Files
Sean Clark, 11010 Raven Ridge Road, Raleigh, NC, 27614
020041
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 27604-2250 (Location)
MEMORANDUM
TO: John Dorney Regional Contact: Charles Brown _
Non-Discharge Branch WQ Supervisor: Ken Schi inter
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name TIN, Inc. Smith Farms Sewer
Project Number 02 0041
Recvd From APP
Received Date 1/10/02 Recvd By Region
Project Type Sewerline
County Wake
County2
Region Raleigh
Certificates Stream Stream Impacts (ft.)
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. SuPP• Basin Req. Req. r
? .
12 OTH O Y O NI F__ 27-43-15-8 FC F NSW 30,403. _616F__
NBR Buffers O Y ®N F_F F-? r 30,403. F_ F__ F_ ?-
Mitigation Wetland
MitigationType Type Acres Feet

Is Wetland Rating Sheet Attached? 0 Y 0 N Did you request more info? Y 0 N
Have Project Changes/Conditions Been Discussed With Applicant? 0 Y 0 N
Is Mitigation required? 0 Y O N Recommendation: 0 Issue 0 Issue/Cond 0 Deny
Provided by Region: Latitude (ddmmss) Longitude (ddmmss)
Comments:
The certification ran be issued just include in the language that a buffer restoration plan needs to be
submitted to the regional office for the previous impact to the buffer.
cc: Regional Office
Central Office Page Number 1
Project 02 0041
Subject: Project 02 0041
Date: Tue, 19 Feb 2002 13:53:29 -0500
From: Charles Brown <[e-mail]>
To: [e-mail]
Cyndi,
This project can go forward. I have put my comments on Filemaker. The
only condition is that they submit a restoration plan for previous
impact that they had on the sewerline corridor.
Charles Brown
2/20/02 9:44 AM
lofl
•3"2
?-
-
Triage Check List
Date:
To: O Steve Mitchell Project Name 5K" ? 'M S
f1 _
?F-RO Ken Averitte DWO Project Number ^ (5 D`7
E3VaRO Deborah Sawyer County
DWRO Joanne Steenhuis
EIWSRO Jennifer Frye
CAR,O Mike Parker
F:-am: n Telephone (919) 733-
i -r ,,je a = ec is t-einc forHarded io you for ycLx evaluation. Please call if you need
ass ,ce_
F-I Steam length. ir-,,Pac-ted
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Soil & Environmental Consultants, PA
11010 Raven Ridge Road • Raleigh, North Carolina 27614 • Phone: [phone] • Fax: [phone]
www.SandEC.com
n
January 10, 2002
S&EC Project #00-5470
NCDENR-DWQ US Army Corps of Engineers
Attn: Mr. John Dorney Attn: Ms. Amanda Jones
2321 Crabtree Blvd. 6508 Falls of the Neuse Rd., Ste. 120
Parkview Bid. Raleigh, NC 27615
Raleigh, NC 27604
RE: Nationwide Pen-nit 12, 401 Water Quality Certification, and Buffer Compliance
Request
Smith Farms Sanitary Sewer Corridor
Fuquay Varina, Wake County, North Carolina
(UTM Coordinates: Zone 17, 701380 E, 3942000 N)
S&EC Project #: 00-5470 ' 02V
Dear Mr. Dorney and Ms. Jones:
On behalf of Tin, Inc., (property owner), we hereby request authorization from the US
Army Corps of Engineers to use Nationwide Permit 12 to cover temporary impacts to
wetlands resulting from the installation of the proposed sewer line to service the Smith
Farm Residential Subdivision. We also request confirmation from the NC Division of
Water Quality (NC-DWQ) that the project complies with the 401 Water Quality
Certification associated with NWP 12 and the Neuse River Basin (NRB) buffer rules. A
Pre-construction Notification Application (PCN) is attached, which includes an agent
authorization form.
The proposed project consists of the clearing and installation of a sewer line that will
service the Smith Farms Residential Subdivision. The line will connect to an existing
sewer line located to the west of the property. The corridor is located approximately 0.5
mile north of the intersection of Sunset Lake Road and US 401 and runs roughly parallel
to an unnamed tributary of Terrible Creek. The corridor is approximately 34,400 square
feet in size. Please refer to the attached map (Figure 1) for the location of the proposed
project on a USGS topographic quadrangle.
Mr. Charles Brown of the NC-DWQ conducted an inspection of the permitted road and
discovered that an unpermitted sewer corridor had been cleared within the Neuse Buffers
Charlotte Office:
PMB 291, 3020-1 Prosperity Church Road
Charlotte, NC 28269-7197
Phone: [phone]
Fax: [phone]
Greensboro Office:
3817-E Lawndale Drive
Greensboro, NC 27455
Phone: [phone]
Fax: [phone]
Hickory Office:
910 Boston Road
Taylorsville, NC 28681
Phone [phone]
Fax: [phone]

Consultants, In(cv
Raleigh, North Carolina 27614 . Phone: [phone] • Fax: (919, e,46- -
Wr,b Page: www,Sand)?C.com
AGENT AUTHORIZATION FORM
All Blanks To Be Filled in B The Current Landowner
Name: (? `??? _
Address: .I- t7 I ? 1? U ? 12V 11 ? 10
Phone: ;? _
M 1 ` 1'`\ F"-2 --
Project Name/ Description:
Date:
The Department of the Army
U-S. Army Corps of Engineers, Wilmington District
P.O. Box
Wilmington, NC 28402
Attn: Amanda Jones
Field Office: _Ralei;?h
Re: Wetlands Related Consulting and Permitting
To Whom ft May Concern:
1, the current property owner, hereby designate and authorize Soil & Environmental Consultants, Inc. to
act it, my behalf as my agent in the processing of permit applications, to furnish upon requests'
supplemental information in support of applications, etc. from this day forward. The . 1 s -day of
6-al - 0
This notification supersedes any previous correspondence concerning the agent for this project.
NOTICE: This authorization, for liability and professional courtesy reasons, is valid only for
government officials to enter the property when accompanied by S&>EC staff. You should call S&EC
to arrange a site meeting prior to visiting the site.
Print Property Owner's Name
cc: Mr. John Dorney
NCDENR -- DWQ, Water Quality Planning
4401 Reedy Creek Road
Trope Owner's Signature
cc: Mr. Kevin Martin
Soil & Environmental Consultants, inc.
:?5I
Raleigh, NC 27607 blank agent auth form.doe
EndaDivironrntrital ngcred Species sessments/Audits
1Vetland belinca N?c sin and t Watershed Buffer PvaiB ation sons Groun012sitc Septic dwater Hydrology Systems
Environmental
\Vosteni Branch Offices- [phone] • [phone] • [phone]
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# 02-0041
Wake County
TIN, Inc.
C/o Sean Clark
130 Edinburgh Drive, Suite 102
Cary, NC, 27511
APPROVAL of 401 Water Quality Certification with Additional Conditions and Neuse Buffer Rules
Dear Mr. Clark:
You have our approval, in accordance with the attached conditions, to construct a sewerline at the Smith Farms Residential
Subdivision in Wake County, as described in application materials received by the Division of Water Quality on January 10, 2002. After
reviewing your application, we have decided that this work is covered by General Water Quality Certification Number 3288, which can be
downloaded from our web site at http://h2o.enr.state.nc.us/ncwetlands . This Certification allows to use Nationwide Permit Number 12
when the Corps of Engineers issues it. This approval is also valid for the Neuse Buffer Rules (15A NCAC 2B .033). In addition, you
should get any other federal, state or local permits before you go ahead with your project including (but not limited to) Sediment and
Erosion Control, Coastal Stormwater, Non-Discharge, State Stormwater and Water Supply Watershed regulations. Also this approval will
expire when the accompanying 404 permit expires unless otherwise specified in the General Certification.
This approval is only valid for the purpose and design that you described in your application. If you change your project, you must
notify us and you may be required to send us a new application for a new certification. If the property is sold, the new owner must be
given a copy of the Certification and approval letter and is thereby responsible for complying with all conditions. If total wetland fills for
this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h).
For this approval to be valid, you must follow the conditions listed in the attached certification and the additional condition listed below:
1. Forested vegetation shall be restored within the cleared sewerline footprint where prior unapproved Neuse Buffer impacts occurred
within the next growing season following construction of the project. A copy of the buffer restoration plan shall be submitted to Mr.
Steve Mitchell at the DWQ Raleigh Regional Office (3800 Barrett Drive, Raleigh, NC, 27609) for his written approval prior to the
restoration work;
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 our Central Office at 919-
733-9721..
Attachment
cc: Corps of Engineers Raleigh Regulatory Field Office
Raleigh DWQ Regional Office
File Copy
Central Files
Sean Clark, 11010 Raven Ridge Road, Raleigh, NC, 27614
020041
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)
(l, n "I , 70C ,.. 1 --- N A, l1 -7J COll7 /L...., L.-. //ten,. ,..,- ,.,.,s,, ..,, .... /..........1....,. -
MEMORANDUM
TO: John Dorney Regional Contact:
Non-Discharge Branch WQ Supervisor:
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name TIN, Inc. Smith Farms Sewer
Project Number 02 0041
Recvd From APP
Received Date 1/10/02
Project Type Sewerline
Recvd By Region
County Wake
County2
Region Raleigh
Certificates Stream Stream Impacts (ft.)
Permit Wetland Wetland Wetland Stream Class Acres Feet a
Type Type Impact Score Index Prim. Supp. Basin Req. Req.
F 12 nTH FT CJ is 12?-43-15-8 NSW 30,403. 0.16 F-
NBR Buffers F _Y" ON ?-??? 3.403. F_ F_
I -F--O Y 0 N F_F_7_f __F__F_F__F_ F __F_
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? Q Y (0 N Did you request more info? Q Y ® N
Have Project Changes/Conditions Been Discussed With Applicant? Q Y ® N
Is Mitigation required? Q Y (0 N
Recommendation: Q Issue QQ Issue/Cond O Deny
Provided by Region: Latitude (ddmmss) Longitude (ddmmss)
Comments:
The certification can be issued just include in the language that a buffer restoration plan needs to be
submitted to the regional office for the previous impact to the buffer.

v S
VI-1 V

cc: Regional Off ice
Central Office Page Number 1
Project 02 0041
Subject: Project 02 0041
Date: Tue, 19 Feb 2002 13:53:29 -0500
From: Charles Brown <[e-mail]>
To: [e-mail]
Cyndi,
This project can go forward. I have put my comments on Filemaker. The
only condition is that they submit a restoration plan for previous
impact that they had on the sewerline corridor.
Charles Brown
1 of 1 2/20/02 9:44 AM

Triage Check List
?.:
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?k
TO: RRO Sieve Mitchel! M
Project Name ,0

?FRO
Ken Averitte
DWO Project Number t l
- D`7
E1WaR0 Deborah Sawyer Cotmty
0WiRO Joanne Steenhuis
EIWSRO Jennifer Frye
CARO Mike Parker
?M 'Ps`.e , i
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The Me a=-ched is being forvareeed to you for your evaluation. Please call if you need
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Environmental Consultants, PA
Road • Raleigh, North Carolina 27614 • Phone: [phone] • Fax: [phone]
NCDENR-DWQ US Army Corps of Engineers
Attn: Mr. John Dorney Attn: Ms. Amanda Jones
2321 Crabtree Blvd. 6508 Falls of the Neuse Rd., Ste. 120
Parkview Bld. Raleigh, NC 27615
Raleigh, NC 27604
RE: Nationwide Permit 12, 401 Water Quality Certification, and Buffer Compliance
Request
Smith Farms Sanitary Sewer Corridor
Fuquay Varina, Wake County, North Carolina
(UTM Coordinates: Zone 17, 7013s0 E, 3942000 N)'
S&EC Project #: 00-5470
Dear Mr. Dorney and Ms. Jones:
On behalf of Tin, Inc., (property owner), we hereby request authorization from the US
Army Corps of Engineers to use Nationwide Permit 12 to cover temporary impacts to
wetlands resulting from the installation of the proposed sewer line to service the Smith
Farm Residential Subdivision. We also request confirmation from the NC Division of
Water Quality (NC-DWQ) that the project complies with the 401 Water Quality
Certification associated with NWP 12 and the Neuse River Basin (NRB) buffer rules. A
Pre-construction Notification Application (PCN) is attached, which includes an agent
authorization form.
The proposed project consists of the clearing and installation of a sewer line that will
service the Smith Farms Residential Subdivision. The line will connect to an existing
sewer line located to the west of the property. The corridor is located approximately 0.5
mile north of the intersection of Sunset Lake Road and US 401 and runs roughly parallel
to an unnamed tributary of Terrible Creek. The corridor is approximately 34,400 square
feet in size. Please refer to the attached map (Figure 1) for the location of the proposed
project on a USGS topographic quadrangle.
Mr. Charles Brown of the NC-DWQ conducted an inspection of the permitted road and
discovered that an unpermitted sewer corridor had been cleared within the Neuse Buffers
Charlotte Office:
PMB 291, 3020-I Prosperity Church Road
Charlotte, NC 28269-7197
Phone: [phone]
Fax: [phone]
Greensboro Office:
3817-E Lawndale Drive
Greensboro, NC 27455
Phone: [phone]
Fax: [phone]
Hickory Office:
910 Boston Road
Taylorsville, NC 28681
Phone [phone]
Fax: [phone]
gym- ._:.
n2 Qo
i
V d
- -January 10, 2002
S&EC Project #00-5470
xa
January 10, 2002
S&EC Project #: 00-5470
Page 3
Sincerely,
&?
Sean Clark
Environmental Scientist
Attachments:
Pre-construction (PCN) notification form
Agent Authorization
Wetland and upland data forms
USGS Site Location Map (Figure 1)
Wetland & NRB Impact Map for proposed corridor
Wetland & NRB Impact Map showing cleared corridor and proposed corridor
Copy of 10/22/01 Notice of Violation and Enforcement Action Recommendation

Consultants, inc.
Ralcigh, North Carolina 27614 • Phone: [phone] • Fax: (919) PA&S; r?!
Web Page: www.Sendl?C.cotn
AGENT AUTHORIZATION FORM
All Blanks To Be Filled In B The Current Landowner
Name: ' I ro oic _
Address: .;°7 t !? 1? U 12 t? 4? CAP'-tom 1J ?. `]? i
Phone:
project Name/ Description:
Date: Q,
The Department of the Army
U_S. Army Corps of Engineers, Wilmington District
P.O. Box
Wilmington, NC 284402
Attn: Amanda Jones
Field Office: R dei
Re: Wetlands Related Consulting and Permitting
To Whom It May Concern:
1, the current properly owner, hereby designate and authorize Soil & Environmental Consultants, Inc. to
act in my behalf as my agent in the processing of permit applications, to furnish upon request ,
supplemental information in support of applications, etc. from this day forward. The , 1 s day of
This notification supersedes any previous correspondence concerning the agent for this project.
NOTICE- This authorization, for liability and professional courtesy reasons, is valid only for
government officials to enter the property when accompanied by S&EC staff. You should call S&EC
to arrange a site meeting prior to visiting the site.
Print property Owner's Name
cc: Mr. John Dorney
NCDENR -- DWQ Water Quality Planning
4401 Reedy' Creek Road
Prope Owner's Signature
CC". Mr. Kevin Martin
Soil & Environmental Consultants, Inc.
Raleigh, NC 27607 blank agent Guth brm doe Septic Wetland Delinca N? B stn and Wate? hed BufferSFvatua ionsons Groundwater Hydro o Yes Endangc ed Spec cs sus nts/Au?
Environmental
Wostern Branch offices: [phone] • [phone] • (7o4) 516-3922
Wetland Delineation Performed By:
11010 Raven Ridge Road
Raleigh, North Carolina 27614
[phone]
Soil & Environmental Consultants, Inc.
231 16th Avenue NE
Hickory, North Carolina 28601
[phone]
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Project/Site: T.I.N. Property, S&EC Proiect No. 5470 Date: 1/24/01
Applicant/Owner: Jones & Cnossen County: Wake
Investigator: Sean Clark. Brad Suther State: NC

Do Normal Circumstances exist on the site? X Yes No Community ID: Headwater forest wetland
Is the site significantly disturbed (Atypical Situation)? -Yes X No Transect ID:
Is the area a potential Problem Area? _Yes X No Plot ID: Wetland Data Point, Flag 1128
If needed, explain on reverse.
VEGETATION
Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator
1. Smilax laurifolia Vine OBL 9. Liriodendron tulipifera Tree FAC
2. 10.
3. Woodwardia areolata Herb OBL 11.
4. Arundinaria aigantea Herb FACW 12.
5. 13.
6. Clethra alnifolia Shrub FACW 14.
7. 15.
8. Li uidambar st raciflua Tree FAC+ 16.
Percent of Dominant Species that are OBL, FACW,or FAC
(excluding FAC- : 100%
Remarks:
HYDROLOGY
-Recorded Data: Wetland Hydrology Indicators:
-Stream, Lake or Tide Gauge Primary Indicators:
-Aerial Photographs Inundated
-Other X Saturated in Upper 12 Inches
-Water Marks
X No Recorded Data Available -Drift Lines
-Sediment Deposits
-Drainage Patterns in Wetlands

Field Observations: Secondary Indicators (2 or more required):
-Oxidized Root Channels in Upper 12 Inches
Depth of Surface Water: 0 (in.) Water-Stained Leaves
Local Soil Survey Data
Depth to Free Water in Pit: 6 (in.) X FAC-Neutral Test
Other (Explain in Remarks)
-
Depth to Saturated Soil: 6 (in.)
Remarks:
w

NNA
>
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' (USACE)
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:Hwww.saw.usace.armv.mil/wet]ands!Penn app.htm.
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:Hwww.saw•.usace.armv.mil/wetlands/regtour.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.ne.us/ncwetlaids 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
Office Use Only: Fonn 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.
I. 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:
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: TIN Inc.
Mailing Address: 130 Edinburgh Drive
Suite 102
Cary, NC 27511
Telephone Number: [phone] Fax Number:
E-mail Address:
2. Agent Information (A signed and dated copy of the Agent Authorization letter must be
attached if the Agent has signatory authority for the owner/applicant.)
Name: Sean Clark
Company Affiliation: Soil & Environmental Consultants, Inc.
Mailing Address: 11010 Raven Ridge Raod
Raleigh, NC 27614
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: SClark(a)-SandEC.com
NWP 12
Page 3 of 13
10. Describe the purpose of the proposed work: The proposed corridor will provide sewer
service to the Smith Farms Residential Subdivision.
11. List the type of equipment to be used to construct the project: Equipment used for the
installation will include heavy machinery and other devices typically used for such
work.
12. Describe the land use in the vicinity of this project: Land in the general vicinity of the
sewer line corridor is forested or in agriculture with a few houses.
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.
The wetland delineation on the adiacent Smith Farms Subdivision was approved on
June 15, 2001 (Action ID #200120939). A road crossing was permitted on the adiacent
Smith Farms Subdivision by the USACE (Action ID #200120939) and by the NC-DWQ
(DWQ Proiect No. 01-0505). The road impacted 0.3087 acre of wetland, 108 linear
feet of stream channel and 0.1833 acre of riparian buffer.
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: There are no future permit requests known at this time. The remainder of
the property is owned by another individual.
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
Page 5 of 13
Cumulative impacts (linear distance in feet) to all streams on site: No streams will be
impacted by the installation of this sewer line.
3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U.S.
Open Water Impact
Site Number
(indicate on map)
Type of Impact* Area of
Impact
(acres) Name of Waterbody
(if applicable) Type of waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.)
N/A NIA N/A N/A N/A

* 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.): N/A
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): N/A
Size of watershed draining to pond: N/A Expected pond surface area: N/A
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 client was unaware that permits were required for sewer line installation and
that utility lines could not be placed in the riparian buffers without prior approval. The
original sewer corridor was placed within the riparian buffers and had been cleared
when Mr. Charles Brown of the NC-DWQ discovered the violation (see attached copy of
NOV). After office meetings and phone conversations with NC-DWQ staff, a new
corridor has been proposed which will impact significantly less buffer area. A map is
included that identifies the original corridor and the new proposed corridor. The wetland
Page 7 of 13
O? v v ? l ?9
?O? pG
eTor t rC
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# 02-0041
Wake County
TIN, Inc.
C/o Sean Clark
130 Edinburgh Drive, Suite 102
Cary, NC, 27511
APPROVAL of 401 Water Quality Certification with Additional Conditions and Neuse Buffer Rules
Dear Mr. Clark:
You have our approval, in accordance with the attached conditions, to construct a sewerline at the Smith Farms Residential
Subdivision in Wake County, as described in application materials received by the Division of Water Quality on January 10, 2002. After
reviewing your application, we have decided that this work is covered by General Water Quality Certification Number 3288, which can be
downloaded from our web site at http://h2o.enr.state.nc.us/ncwetiands . This Certification allows to use Nationwide Permit Number 12
when the Corps of Engineers issues it. This approval is also valid for the Neuse Buffer Rules (15A NCAC 2B.033). In addition, you
should get any other federal, state or local permits before you go ahead with your project including (but not limited to) Sediment and
Erosion Control, Coastal Stormwater, Non-Discharge, State Stormwater and Water Supply Watershed regulations. Also this approval will
expire when the accompanying 404 permit expires unless otherwise specified in the General Certification.
This approval is only valid for the purpose and design that you described in your application. If you change your project, you must
notify us and you may be required to send us a new application for a new certification. If the property is sold, the new owner must be
given a copy of the Certification and approval letter and is thereby responsible for complying with all conditions. If total wetland fills for
this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h).
For this approval to be valid, you must follow the conditions listed in the attached certification and the additional condition listed below:
1. Forested vegetation shall be restored within the cleared sewerline footprint where prior unapproved Neuse Buffer impacts occurred
within the next growing season following construction of the project. A copy of the buffer restoration plan shall be submitted to Mr.
Steve Mitchell at the DWQ Raleigh Regional Office (3800 Barrett Drive, Raleigh, NC, 27609) for his written approval prior to the
restoration work;
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 our Central Office at 919-
733-9721
Attachment
cc: Corps of Engineers Raleigh Regulatory Field Office
Raleigh DWQ Regional Office
File Copy
Central Files
Sean Clark, 11010 Raven Ridge Road, Raleigh, NC, 27614
020041
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)
non inn .-roc i-. .......n?n'>oo cono it...n ,-.a....,n..n ............... .... .... i..,...........,+..i
MEMORANDUM
TO: John Dorney Regional Contact:
Non-Discharge Branch WO Supervisor:
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name TIN, Inc. Smith Farms Sewer County Wake
Project Number 02 0041 County2
Recvd From APP Region Raleigh
Received Date 1/10/02 Recvd By Region
Project Type Sewerliine
Certificates Stream Stream Impacts (ft.)
Permit Wetland Wetland Wetland Stream Class Acres Feet ' -
Type Type Impact Score Index Prim. Supp. Basin Req. Req.
12 OTH 4 Y ? N F_ 27-43-15-8 ? NSw 30,403. 0.16 F-F_ F_
IVBR But'fersO Y O N F_ F-rF_30.403. F__ F_-
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? Q Y 0 N
Is Mitigation required? 0 Y O N Recommendation: 0 Issue O Issue/Cond 0 Deny
Provided by Region: Latitude (ddmmss) Longitude (ddmmss)
Comments:
The certification can be issued just include in the language that a buffer restoration plan needs to be
submitted to the regional office for the previous impact to the buffer.

cc: Regional Office
Central Office Page Number 1
Project 02 0041
Subject: Project 02 0041
Date: Tue, 19 Feb 2002 13:53:29 -0500
From: Charles Brown <[e-mail]>
To: [e-mail]
Cyndi,
This project can go forward. I have put my comments on Filemaker. The
only condition is that they submit a restoration plan for previous
impact that they had on the sewerline corridor.
Charles Brown
1 of 1 2/20/02 9:44 AM
Triage Check List
Date: s??z
Tc O Steve Mitchell Project Name , ??/i'>rV1S
?FRO Ken Averitte DWO Project Number 02-- D'7
?WaRO Deborah Sawyer pm ty _
?WiRO Joanne SteenhLis
?WSRO Jennifer Frye
L;A.RO Mike Parker
?.e
Flom: - Telephone [phone]- / l v
Tae Me a=che-d is being fcx-xar6ed to you for your evaluation. Please call if you need
zss.-.? n
?SUrn lencn impacted
? St.?.rs Que. l ii-rgE§O<i
Wed<.rd ceterr.-.>t ion andc1istance to 3ive-line surface waters on USGW topo maps
? M>rk.-jz_--i3onl.-/Oidance i
? Bisa Rules (Ne;..,?, T ate, , Fcandleman)
? Pond -
? n Rain
[J- Dil&jnig
?Are ire a;-ea:-.-. arA orweem-aTZ . _ - s es available and viable?
? Ct3=ecc drawEncs 2CCLff2CY
? is V e eppo-tion ma's pr?on meetings?
E] C=Ulaffve

l' - s
A '- -y..sy.x..-.: ?a? '7?^?L` .Pica" 2? a+ i -•- ?. 3 :. ,{?,+ G'.FJ?„

NCDENR-DWQ
Attn: Mr. John Dorney
2321 Crabtree Blvd.
Parkview Bld.
Raleigh, NC 27604
January 10, 2002
S&EC Project #00-5470
US Army Corps of Engineers
Attn: Ms. Amanda Jones
6508 Falls of the Neuse Rd., Ste. 120
Raleigh, NC 27615
RE: Nationwide Permit 12, 401 Water Quality Certification, and Buffer Compliance
Request
Smith Farms Sanitary Sewer Corridor
Fuquay Varina, Wake County, North Carolina
(UTM Coordinates: Zone 17, 701380 E, 3942000 N)
S&EC Project #: 00-5470 0102002
Dear Mr. Dorney and Ms. Jones:
On behalf of Tin, Inc., (property owner), we hereby request authorization from the US
Army Corps of Engineers to use Nationwide Permit 12 to cover temporary impacts to
wetlands resulting from the installation of the proposed sewer line to service the Smith
Farm Residential Subdivision. We also request confirmation from the NC Division of
Water Quality (NC-DWQ) that the project complies with the 401 Water Quality
Certification associated with NWP 12 and the Neuse River Basin (NRB) buffer rules. A
Pre-construction Notification Application (PCN) is attached, which includes an agent
authorization form.
The proposed project consists of the clearing and installation of a sewer line that will
service the Smith Farms Residential Subdivision. The line will connect to an existing
sewer line located to the west of the property. The corridor is located approximately 0.5
mile north of the intersection of Sunset Lake Road and US 401 and runs roughly parallel
to an unnamed tributary of Terrible Creek. The corridor is approximately 34,400 square
feet in size. Please refer to the attached map (Figure 1) for the location of the proposed
project on a USGS topographic quadrangle.
Mr. Charles Brown of the NC-DWQ conducted an inspection of the permitted road and
discovered that an unpermitted sewer corridor had been cleared within the Neuse Buffers
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]
Environmental Consultants, PA
Road • Raleigh, North Carolina 27614 • Phone: [phone] • Fax: [phone]
R,
January 10, 2002
S&EC Project #: 00-5470
Page 2
and crossed several small wetland features. A copy of Mr. Brown's October 22, 2001
Notice of Violation (NOV) is attached. The client misunderstood the current regulations
and was not aware that approval was required from the NC-DWQ and the USACE for
such activities. The sewer line had not been installed and is still not installed. The
corridor had only been cleared.
After receiving the NOV and discussing the situation with Mr. Brown, S&EC conducted
a detailed wetland delineation of the corridor and areas further from the stream. This
delineation is reflected on the attached impact maps. The corridor has been realigned
several times to avoid impacting the buffers and wetlands as much as possible. The
current alignment shown on the attached impact maps is the most practicable considering
the topographical constraints of a gravity sewer line. The proposed realignment has
reduced the impacts to the Zone 2 of the Neuse Buffers by 4,960 ft2 and eliminated the
883 ft2 impacts to Zone 1.
Mr. Brown, Mr. Mitchell, and Ms. Edwards of the DWQ requested that the cleared Zone
1 and Zone 2 areas not included in the final alignment, be replanted with tree seedlings
on 10 x 10 spacing. The client has agreed to do this. The tree species planted can include
Acer rubrum, Liriodendron tulipifera, Quercus nigra, Quercus rubra, Quercus alba, Carya
tomentosa, Nyssa sylatica, etc. depending on availability of local suppliers.
The proposed sewer corridor will impact 5,658 ft2 of Zone 2 and will only be 20 feet
wide. These areas will be revegetated with herbaceous species such as fescues. S&EC
does not believe that buffer mitigation should be required because the current Zone 2 and
Zone 1 clearings are being replanted.
The USACE's current policy requires applicants to avoid and minimize wetland and
stream channel impacts to the maximum extent practicable and may require
compensatory mitigation to offset unavoidable losses of waters of the US when impacts
exceed the thresholds for notification (0.10 acre) or if a discharge causes the loss of any
open waters. Due to topographical constraints, the proposed 20 foot wide sewer corridor
will impact 7161 ft2 (0.1644 acres) of wetland with perpendicular crossings. Due to the
size and shape of the wetland feature being crossed at impacts 2 and 3, the difference in
impacts by altering the corridor further would be negligible. Impacts 4 and 5 clip the
upper portions of wetland features; however, due to topographic constraints the corridor
cannot be realigned in this area. The impacted wetland areas will be regraded back to
existing grade and activities during and after the installation will comply with the general
conditions of Nationwide Permit 12. S&EC does not believe that the wetland impacts
should require mitigation, because the impacts are temporary, the wetlands were avoided
to the maximum extent practicable, and buffers are being replanted.
xi
January 10, 2002
S&EC Project #: 00-5470
Page 3
Sincerely,
6'ea - &?
Sean Clark
Environmental Scientist
Attachments:
Pre-construction (PCN) notification form
Agent Authorization
Wetland and upland data forms
USGS Site Location Map (Figure 1)
Wetland & NRB Impact Map for proposed corridor
Wetland & NRB Impact Map showing cleared corridor and proposed corridor
Copy of 10/22/01 Notice of Violation and Enforcement Action Recommendation
r
Raloigh, North Carolina 27614 • Phone: [phone] • Fax: (919) 846-t- -
Web Page: www.SendBC.com
AGENT AUTI40RIZATION FORM
All Blanks To Be Filled In B The Current Landowner
Name: I ' -? ?- _
. C? 1 h) ?' . .? } 3
Address:. 1'' U M)2D 12 0&
Phone: 4 08 O
project Name/Description:,
Date:
The Department of the Army
U.S. Army Corps of Engineers, Wilmington District
P.O. Box
Wilmington, NC 28482
Attn: Amanda Jones
Field Office: _Ralei rh
Re: Wetlands Related Consulting and Permitting
To Whom It May Concern:
1, the current properly owner, hereby designate and authorize Soil & Environmental Consultants, Inc. to
act in my behalf as my agent in the processing of permit applications, to furnish upon request,„
supplemental information in support of applications, etc. from this day forward. The -I s day of
_'F, L!ys `"'
This notification supersedes any previous correspondence concerning the agent for this project.
NOTICE: This authorization, for liability and professional courtesy reasons, is valid only for
government officials to enter the property when accompanied by S&EC staff. You should call S&EC
to arrange a site meeting prior to visiting the site.
Print Property Owners Name
cc: Mr. John Dorney
NCDENR -- DWQ, Water Quality Planning
4401 needy Creels Road
Trope Owner's Signature
cc: Mr. Kevin Martin
Soil & Environmental Consultants, lric.
Raleigh, NC 27607 blank agent truth form doc
Wetland Delincatow?c r $ V watershed Suffer SFval a onsons Groundwater dwater Tlydro o YES Fndangmd Spec cs seesmentslAudits
Western gnash ofces: [phone] • (828) 3I2-7902 • [phone]
Environmental Consultants, Ineo

Wetland Delineation Performed By: Soil & Environmental Consultants, Inc.
11010 Raven Ridge Road 231 16th Avenue NE
Raleigh, North Carolina 27614 Hickory, North Carolina 28601
[phone] [phone]
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Project/Site: T.I.N. Property, S&EC Project No. 5470 Date: 1/24/01
Applicant/Owner: Jones & Cnossen County: Wake
Investigator: Sean Clark. Brad Suther State: NC
Do Normal Circumstances exist on the site? X Yes No Community ID: Headwater forest wetland
Is the site significantly disturbed (Atypical Situation)? _Yes X No Transect ID:
Is the area a potential Problem Area? _Yes X No Plot ID: Wetland Data Point, Flag 128
If needed, explain on reverse.
VEGETATION
Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator
1. Smilax laurifolia Vine OBL 9. Liriodendron tulipifera Tree FAC
2. 10.
3. Woodwardia areolata Herb OBL 11.
4. Arundinaria gigantea Herb FACW 12.
5. 13.
6. Clethra alnifolia Shrub FACW 14.
7. 15.
8. Li uidambar st raciflua Tree FAC+ 16.
Percent of Dominant Species that are OBL, FACW,or FAC
(excluding FAC- : 100%
Remarks:
HYDROLOGY
-Recorded Data: Wetland Hydrology Indicators:
_Stream, Lake or Tide Gauge Primary Indicators:
-Aerial Photographs -Inundated
-Other X Saturated in Upper 12 Inches
-Water Marks
X No Recorded Data Available -Drift Lines
-Sediment Deposits
-Drainage Patterns in Wetlands

Field Observations: Secondary Indicators (2 or more required):
-Oxidized Root Channels in Upper 12 Inches
Depth of Surface Water: 0 (in.) Water-Stained Leaves
Local Soil Survey Data
Depth to Free Water in Pit: 6 (in.) X FAC-Neutral Test
Other (Explain in Remarks)
-
Depth to Saturated Soil: 6 (in.)
Remarks:
Wetland Delineation Performed By:
11010 Raven Ridge Road
Raleigh, North Carolina 27614
[phone]
Soil & Environmental Consultants, Inc.
231 16th Avenue NE
Hickory, North Carolina 28601
[phone]
Project/Site: TIN Property S&EC Proiect No. 5470 Plot ID: Wetland Data Point, Flag 128
cnll c
Map Unit Name Drainage Class: poorly drained
(Series and Phase): Wehadkee and Bibb Soils Field Observations
Taxonomy (Subgroup): Typic Fluvaquents Confirm Mapped Type? _ Yes - No
Profile Description:
Depth Matrix Color Mottle Color Mottle Texture, Concretions,
(inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc.
0-8 A 10 YR 2/1 -- -- Sand loam
8 - 12+ B 10 YR 3/1 ---- Sand
Hydric Soil Indicators:
Histosol -Concretions
_
_Histic Epipedon -High Organic Content in Surface Layer i n Sandy Soils
Sulfidic Odor -Organic Streaking in Sandy Soils
_
_Aquic Moisture Regime Listed on Local Hydric Soils List
Reducing Conditions _Listed on National Hydric Soils List
X Gleyed or Low-Chroma Colors -Other (Explain in Remarks)
Remarks:
WGT1 AMn-q n1=T9=RMINAT1nM
Hydrophytic Vegetation Present? X Yes _No
Wetland Hydrology Present? X Yes _No
Hydric Soils Present? X Yes _No
Is this sampling point within a wetland?
X Yes _No
Remarks:

wa
? r
Pre-Construction Notification .
(PCN) Application Form
For Section 404 and/or Section 10 Na tionwide
General Water Quality Certifications, and Riparian Regional and General Buffer and ePermits, Section 401
Watershed Buffer Rules
This form is to be used for Projects uali in
Nationwide, Regional or General pe g for an
Section of the U. S , Amy Corps
10 units Y
of the Rivers and as required by Section 404 of the
Clean ngineers' (USACE)
(DWQ) associated General 401 arbors Act, and for the OfE
Project requirin Water Qualit North Carolina Division o Water Act and/or
Quality. g aPProval under an Y Cert ifcations. This fo
This for Y Riparian Buffer Rules i rm is also to bWater Quality's
Water rn should not be used if mplemented b used for any
Quality Certification. You are requestin Y the Division o f W
htt /ww?y Quality The USAGE Individual Permit g it Individual 404 Permit a01 salir usace.army.mil/wetlands/pe1?n a a or Individual 401
hhn. PPpication form is available online at
The USAGE is the lead re
Regional or General gulatory agency .
USACE permits, and to dete TO review the requirements for the use of
website at htt - ww rmine which
offices listed at the end of this asa4? usace.a Pe?It applies to Your Project, please Nationwide,
rmv.m21/wetlands ien
each count pplication. tour.htm, or contact one of thet field
county in North Carolina The website also lists the responsible project
regulation of wetlands and waters oand f the U S es additional information regarding ? manager for
The DW g the identification and
Q issues a corresponding Certification
Applicants PPIY until the 404Gpeeral or Individual)
are encouraged rmit t ' and cannot tell the a
htt :/.,h2o t
.enr.state.nc,«si visit type has been determined b PPlican
Certification Pro ncwetlailus to to read about Dcurreent req ?reme by the USACE.
gram and to determine /Wetlands Unit
applicant is also advised to read the full text of he or nts for the 401 website at
permit requested. not Riparian Buffer Rules are a Water Quality
some cases General Certification Pplicable. The
provided that is
the applicant ' written approval for some (GC) matchin 404
In the specific ed,
should contact e adheres to all conditions of the GC g
Q's Central Office in Raleigh at General Certifications
Applicants lackin not required,
Trout [phone], g access to the Internet
Waters Coordination
Commission (NCWRC -Special coordination
counties that contain trouts alse r equired for With the Nort h wat projects occurrin Carolina Wildlife
regional coordinator (listed b In such cases, the a g in any of North Carolina's tW nt urces
by county on the last applicant should contact the a Y five
page of this application). PPrOpriate NCWRC
Page 1 of 13
IL
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: Smith Farms Sewer
2. T.I.P. Project Number (NCDOT Only)
N/A
3. Property Identification Number (Tax PIN):
4. Location
County: Wake Nearest Town: Fuquay-Varina
Subdivision name (include phase/lot number): Smith Farms
Directions to site (include road numbers, landmarks, etc.): The proposed sewer line
corridor is bounded to the east by Sunset Lake Road (SR 1301). The corridor is
approximately 0.5 mile north of the intersection of Sunset Lake Road and US 401.
5. Site coordinates, if available (UTM or Lat/Long):Zone 17, 701380 E 3942000 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: A
corridor has been cleared of vegetation however the line has not yet been installed.
Portions of the cleared corridor will be abandoned and replanted because they are in
the Neuse River Riparian Buffers. The property surrounding the sewer corridor is
currently forested or in agricultural use.
7. Property size (acres): +/- 34,400 ft2 (sewer corridor only)
8. Nearest body of water (stream/river/sound/ocean/lake): UT to Terrible Creek
9. River Basin: Neuse River Basin
(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/inaps!.)
Page 4 of 13
10. Describe the purpose of the proposed work: The proposed corridor will provide sewer
service to the Smith Farms Residential Subdivision.
11. List the type of equipment to be used to construct the project: Equipment used for the
installation will include heavy machinery and other devices typically used for such
work.
12. Describe the land use in the vicinity of this project: Land in the general vicinity of the
sewer line corridor is forested or in agriculture with a few houses.
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.
The wetland delineation on the adjacent Smith Farms Subdivision was approved on
June 15, 2001 (Action ID #200120939). A road crossing was permitted on the adjacent
Smith Farms Subdivision by the USACE (Action ID #200120939) and by the NC-DWQ
(DWQ Proiect No. 01-0505). The road impacted 0.3087 acre of wetland, 108 linear
feet of stream channel and 0.1833 acre of riparian buffer.
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: There are no future permit requests known at this time. The remainder of
the property is owned by another individual.
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
Page 5 of 13
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
1. Wetland Impacts
Wetland Impact Area of Located within Distance to

Site Number
Type of Impact*
Impact 100-ar
year
FlI00
Nearest Stream
Type of Wetland***
(indicate on map) (acres) (yes/no (linear feet)
Impact 1 Temporary 0.0071 ac no + 35' Bottomland Hardwood
excavation - Forest
Impact 2 Temporary 0.0525 ac no + 50' Bottomland Hardwood
excavation - Forest
Impact 3 Temporary 0.0454 ac no + 30':. Bottomland Hardwood
excavation - Forest
Impact 4 Temporary 0.0071 ac no + 40' Seep
excavation -
Impact 5 Temporary
excavation 0.0523 ac no + 60'
- Seep
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, till,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at htt12:,,/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: +/- 3 acres
Total area of wetland impact proposed: 0.1644 acre (within corridor)
2. Stream Impacts, including all intermittent and perennial streams
Stream Impact Length of Average Width Perennial or
Site Number Type of Impact* Impact Stream Name** of Stream Intermittent?
(indicate on ma) (linear feet) Before Impact (please specify)
N/A N/A N/A N/A N/A N/A
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. 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 I-800-358-9616, or online at
www.us?4s.gov. Several intemet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.maWuest.com, etc.).
Page 6 of 13

r'
r
VqA
co
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' (USACE)
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. usa ce. army. m it/wet] ands,/Perrn_app. htm.
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.armv.mil/wetlands.%reLtour.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
W '
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:Hw A w.saw.usace.anny.mil/wetlands/nwpfinalFedReg.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/newetlands'fees.httnl. 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: Fonn 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: NWP 12
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: TIN, Inc.
Mailing Address: 130 Edinburgh Drive
Suite 102
Cary, NC 27511
Telephone Number: [phone] Fax Number:
E-mail Address:
2. Agent Information (A signed and dated copy of the Agent Authorization letter must be
attached if the Agent has signatory authority for the owner/applicant.)
Name: Sean Clark
Company Affiliation: Soil & Environmental Consultants, Inc.
Mailing Address: 11010 Raven Ridge Raod
Raleigh, NC 27614
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: SClark(cD.SandEC.com
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: Smith Farms Sewer
2. T.I.P. Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN):
4. Location
County: Wake Nearest Town: Fuquay-Varina
Subdivision name (include phase/lot number): Smith Farms
Directions to site (include road numbers, landmarks, etc.): The proposed sewer line
corridor is bounded to the east by Sunset Lake Road (SR 1301). The corridor is
approximately 0.5 mile north of the intersection of Sunset Lake Road and US 401.
5. Site coordinates, if available (UTM or Lat/Long):Zone 17, 701380 E 3942000 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: A
corridor has been cleared of vegetation however the line has not vet been installed.
Portions of the cleared corridor will be abandoned and replanted because they are in
the Neuse River Riparian Buffers. The property surrounding the sewer corridor is
currently forested or in agricultural use.
7. Property size (acres): +/- 34,400 ft2 (sewer corridor only)
8. Nearest body of water (stream/river/sound/ocean/lake): UT to Terrible Creek
9. River Basin: Neuse River Basin
(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/adminhnaps/.)
Page 4 of 13
10. Describe the purpose of the proposed work: The proposed corridor will provide sewer
service to the Smith Farms Residential Subdivision.
11. List the type of equipment to be used to construct the project: Equipment used for the
installation will include heavy machinery and other devices typically used for such
work.
12. Describe the land use in the vicinity of this project: Land in the general vicinity of the
sewer line corridor is forested or in agriculture with a few houses.
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.
The wetland delineation on the adiacent Smith Farms Subdivision was approved on
June 15, 2001 (Action ID #200120939). A road crossing was permitted on the adjacent
Smith Farms Subdivision by the USACE (Action ID #200120939) and by the NC-DWQ
(DWQ Proiect No. 01-0505). The road impacted 0.3087 acre of wetland, 108 linear
feet of stream channel and 0.1833 acre of riparian buffer.
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: There are no future permit requests known at this time. The remainder of
the property is owned by another individual.
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
Page 5 of 13
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
1. Wetland Impacts
Wetland Impact Area of Located within Distance to

Site Number
Type of Impact*
Impact 100-ar
year
FlI00
Nearest Stream
Type of Wetland***
(indicate on map) (acres) (yes/no (linear feet)
Impact 1 Temporary 0.0071 ac no + 35' Bottomland Hardwood
excavation - Forest
Impact 2 Temporary 0.0525 ac no + 50' Bottomland Hardwood
excavation - Forest

Impact 3 Temporary
0.0454 ac
no
+ 30' Bottomland Hardwood
excavation Forest
Impact 4 Temporary
excavation 0.0071 ac no + 40'
- Seep
Impact 5 Temporary 0.0523 ac no +60' Seep
excavation
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, till,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at http:: www.fcrna.Rov.
*** 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: +/- 3 acres
Total area of wetland impact proposed: 0.1644 acre (within corridor)
2. Stream Impacts, including all intermittent and perennial streams
Stream Impact Length of Average Width Perennial or
Site Number Type of Impact* Impact Stream Name** of Stream Intermittent?
(indicate on ma) (linear feet) Before Impact specify)
N/A N/A N/A N/A N/A N/A
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. 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.bov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.to)ozone.com,
www.mapquest.com, etc.).
Page 6 of 13
Cumulative impacts (linear distance in feet) to all streams on site: No streams will be
impacted by the installation of this sewer line.
3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U.S.
Open Water Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres) Name of Waterbody
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.)
N/A N/A N/A N/A N/A

* 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.): N/A
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): N/A
Size of watershed draining to pond: N/A Expected pond surface area: NIA
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 client was unaware that permits were required for sewer line installation and
that utility lines could not be placed in the riparian buffers without prior approval. The
original sewer corridor was placed within the riparian buffers and had been cleared
when Mr. Charles Brown of the NC-DWQ discovered the violation (see attached copy of
NOV). After office meetings and phone conversations with NC-DWQ staff, a new
corridor has been proposed which will impact significantly less buffer area. A map is
included that identifies the original corridor and the new proposed corridor. The wetland
Page 7 of 13
impacts will be roughly the same for impacts 1,2, and 4. Impact 3 will have less impact
because the corridor has been moved roughly 15 feet further from the creek. Additional
wetland impacts and stream impacts were avoided by crossing the creek with the sewer
line at the previously permitted road crossing (Action ID # 200120939 and DWQ Project
# 01-0505). The previously cleared buffer area now being abandoned will be replanted.
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
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:Hh2o.enr.state.nc.us.Incwetlands/stn-ngide.htm].
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.
In areas that were previously cleared and will now not be used, tree seedlings
will be planted. The plantings will use a 10 x 10 spacing and can include species
such as Acer rubrum Liriodendron tulipifera, Quercus nigra, Quecus rubra, Quercus
alba Carya tomentosa Nyssa sylatica etc. depending on availability of local
suppliers. The new proposed corridor will be regraded as per general conditions of
NWP 12 and will be seeded with herbacious grasses. Wetland mitigation is not
typically required for temporary impacts such as buried sewer lines
Page 8 of 13
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 http:;`%h2o.enr.state.nc.us%wrp/indexlitm 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): N/A
Amount of buffer mitigation requested (square feet): N/A
Amount of Riparian wetland mitigation requested (acres): N/A
Amount of Non-riparian wetland mitigation requested (acres): N/A
Amount of Coastal wetland mitigation requested (acres): N/A
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
X.
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)?
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 ?
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 213 .0233
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Page 9 of 13
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.
Previously Cleared Corridor (To Be Replanted)
Zone* Impact
(square feet) Multiplier Required
Mitigation
1 883 3
2 4960** 1.5
Total 5843
** Total does not include area within the proposed realigned corridor. The current cleared
zone 2 area totals4960 + 5658 = 10,618 ft2
Proposed Corridor
Zone* Impact
(square feet) Multiplier Required
Mitigation
1 0 3
2 5658 1.5
Total 5658
* Zone I extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
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 213 .0242 or.0260.
No impacts to Zone 1 are proposed for the realigned corridor and the proposed
corridor has been removed from Zone 2 as much as possible. The previously cleared
areas within Zones 1 and 2 that are no longer in the proposed corridor will be replanted
with seedlings of the same species found on site. The planting will use a 10 x 10
spacing of the seedling installation
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.
NA The sewer corridor will have a pervious surface.
Page 10 of 13
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.
The project is a sewer corridor. The proposed sewer line will tie into an existing
sewer line on the eastern property line.
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).
r" 101
0/

Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
US Army Corps Of Engineers Field Offices and County Coverage
Asheville Regulatory Field Office Alexander Cherokee Iredell Mitchell 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
Page I I of 13
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
Telephone: [phone]
Fax: [phone]
Division of Water Quality
Wetlands Restoration Program
1619 Mail Service Center
Raleigh, NC 27699-1619
Telephone: [phone]
Fax: [phone]
State Historic Preservation Office
Department Of Cultural Resources
4617 Mail Service Center
Raleigh, NC 276994617
Telephone: [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
3855 Idlewild Road
Kernersville, NC 27284-9180
Alleghany Caldwell Watauga
Ashe Mitchell Wilkes
Avery Stokes
Page 12 of 13
Telephone: [phone] Burke
Mountain Region Coordinator Buncombe
20830 Great Smoky Mtn. Expressway Cherokee
Waynesville, NC 28786 Clay
Telephone: [phone] Graham
Fax: [phone] Haywood
Surry
Henderson Polk
Jackson Rutherford
Macon Swain
Madison Transylvania
McDowell Yancey
Page 13 of 13
Wetland Delineation Performed By: Soil & Environmental Consultants, Inc.
11010 Raven Ridge Road 231 16th Avenue NE
Raleigh, North Carolina 27614 Hickory, North Carolina 28601
[phone] [phone]
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Project/Site: T.I.N. Property. S&EC Project No. 5470 Date: 1/24/01
Applicant/Owner: Jones & Cnossen County: Wake
Investigator: Sean Clark Brad Suther State: NC
Do Normal Circumstances exist on the site? X Yes No Community ID: Headwater forest upland
Is the site significantly disturbed (Atypical Situation)? -Yes X No Transect ID:
Is the area a potential Problem Area? _Yes X No Plot ID: 25' Upslope of Flag 128
If needed, explain on reverse.
VEGETATION
Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator
1. Tipularia discolor Herb FACU 9. Quercus alba Tree FACU
2. Arundinaria gigantea Herb FACW 10. Pinus taeda Tree FAC
3. 11. Liquidambar styraciflua Tree FAC+
4. Quercus nigra Sapling FAC 12.
5. Liquidambar styraciflua Sapling FAC+ 13.
6. Lidodendron tulipifera Sapling FAC 14.
7. Symplocos tinctoria Shrub FAC 15.
8. 16.
Percent of Dominant Species that are OBL, FACW,or FAC
(excluding FAC- : 78%
Remarks:
HYDROLOGY
-Recorded Data: Wetland Hydrology Indicators:
-Stream, Lake or Tide Gauge Primary Indicators:
-Aerial Photographs -Inundated
-Other -Saturated in Upper 12 Inches
-Water Marks
X No Recorded Data Available -Drift Lines
-Sediment Deposits
-Drainage Patterns in Wetlands

Field Observations: Secondary Indicators (2 or more required):
-Oxidized Root Channels in Upper 12 Inches
Depth of Surface Water: 0 (in.) Water-Stained Leaves
-Local Soil Survey Data
Depth to Free Water in Pit: >12 (in.) _FAC-Neutral Test
-Other (Explain in Remarks)
Depth to Saturated Soil: >12 (in.)
Remarks:
Wetland Delineation Performed By:
11010 Raven Ridge Road
Raleigh, North Carolina 27614
[phone]
Soil & Environmental Consultants, Inc.
231 16th Avenue NE
Hickory, North Carolina 28601
[phone]
Project/Site: T.I.N. Property. S&EC Project No. 5470 Plot ID: 25' Upslope Flaq 128
S011 S
Map Unit Name Drainage Class: poorly drained
(Series and Phase): Wehadkee and Bibb Soils Field Observations
Taxonomy (Subgroup): Typic Fluvaguents Confirm Mapped Type? _ Yes - No
Profile Description:
Depth Matrix Color Mottle Color Mottle Texture, Concretions,
(inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc.
0-4 Al 10 YR 3/1 -- ---- Fine sand loam
4-6 A2 10 YR 3/1 10 YR 5/8 Common/distinct Fine sand loam
6-18 B 2.5 YR 6/4 - --- -- Fine sand loam
Hydric Soil Indicators:
Histosol -Concretions
_
_Histic Epipedon -High Organic Content in Surface Layer i n Sandy Soils
_Sulfidic Odor -Organic Streaking in Sandy Soils
_Aquic Moisture Regime -Listed on Local Hydric Soils List
Reducing Conditions -Listed on National Hydric Soils List
X Gleyed or Low-Chroma Colors -Other (Explain in Remarks)
Remarks:
WFTI ANDS nFTFRMINATION
Hydrophytic Vegetation Present? X Yes _No
Wetland Hydrology Present? -Yes X No
Hydric Soils Present? X Yes _No
Is this sampling point within a wetland?
-Yes X No
Remarks:
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LEGEND:
-= APPROXIMATE LOCATION
OF PROPOSED UTILITY LINE
•-?= PROPERTY LINE
Project Scale:
5470 V=2000' ure 1- USGS Quad
Fi
Project
Mgr.: SC Date:
1102102 g
Smith Farms

Jones & Cnossen
Fuquay-Varina Wake Co., NC
FUQUAY-VARINA QUADRANGLE
NORTH CAROLINA
7.5-MINUTE SERIES (TOPOGRAPHIC)
Soil & Environmental Consultants, PA
11010 Raven Ridge Rd.n Raleigh, NC 27614
[phone] n [phone]
Web Page: www.SandEC.com
"Oct 91 01 12:42p Stuart Jones 919 387 3375 p.2
State of North Carolina
Department of Environment
and Natural Resources
Raleigh Regional office
Michael F. Easley, Governor
William G. Ross, Secretary
October 22, 2001
IFIED Me L
ItETUR FC>?IP O SST D
Mr. John Ellis, Town Manager
'own of Fuquay-Vwina
401 old Honeycutt Road
Fuguay -Varina, NC 27526
RECEW
. CT 3 0 2001
-Al 4 V, Fuquay-Valft
NOM
NCDENR
EMVI 114 C-TqCIIN/L IS. -".AC'-T ar
o NjC'IdR^L ResouncEq
Subject: Notice of Violation and Enforcement Action Recommendation
Neuse Riparian. Buffer Rule
401 Water Quality Certification
Smith Farms Wastewater Collection System ]Extension
Wake County
Dear Mr. Ellis:
On October 11, 2001 Charles Bzown of my staff conducted an inspection of the subject site in Wake
County. The inspection was perfomaed in response to concerxts about the sewerline extension to the
interceptor at Terrible Creek. Discussions with Corps of Engineers confirm that no 404 Permit (NW
12) has been issued or notification provided for this activity. As a result of these observations
Regional Office staff also conducted a file review,
confirmed violations related to the following items: (Accordingly e site visk and f review have
) this p of tt is not covered byla General 01
Water Quality Certification (3288).(2) impacts were observed in wetlands, (3) and portions of Zone
1 and Zone 2 of the Neuse Riparian Buffer had been removed during the installation of the corridor
for the sewerline.
Item Y. 441 Writer U81RV _Certltc tron
Wetland disturbances corresponding to mechanized land clearing and grading for a uti}ity
late were observed. A file review indicates that the U.S_ Azmy Corps of Engineers (CCE) has not
authorized use of NW 12 or has notification been, provided by the Corps of Engineers for this
activity. Accordingly, the review confirmed that no Pre-construction Notification (PCN) had
been received by the Division of Water Quality for this project and no 401 Water Quality
Certification has been issued, nor is it covered by a General 401 Water Quality Certification. A
401 Water Quality Certification is regWred for the above-mentioned impacts pursuant to 15 A
NCAC 2H.0500.
1626 Mail Sarv" Center, Raleigh, NC 27009-1621+
An Equal opportunity Alflr111ativo Action Employer 41Ophone (910?sT7 4700 FAX
(019)ST1-471 d
50% r"ycledl10% post.cons~ paper
Oct 31 01 12:42p Stuart Jones 919 387 3375 p.3
Fuqusy-Varina NOV
Page 2
1 e IJ<. Wetland
9?dart! Vio1_..?en
Wetland disturbance corresponding to mechan'zcd land clearing, grading, and fill for a
utility line installation was observed. A file review indicates that the U.S. Army Corps of
Engineers (COE) has not authorized use ofNWI2 for this activity. The respective fill and
grubbing in wetlands represent violations of the following North Carolina wetland standard,
which states:
ISA NCAC 2B .0231(b) (1) and (5)
1) Liquids, fill or other solids or dissolved gases may not be present in amounts which
may cause adverse impacts on existing wetland uses;
5) Hydrologic conditions necessary to support the biological and physical
characteristics naturally present in wetlands shall be protected to prevent adverse
impacts on:
C) The chemical, nutrient and dissolved oxygen regime of the wetland;
D) The movement of aquatic fauna;
F) water levels or elevations.
to III. Neu e B ?i AC 2B .OZ33 (4)
This rule details that a 50 foot riparian (strearnside) buffer zone, Zone J and Zone 11, shall consist
of stable, vegetated area that is undisturbed except for activities and uses provided for in Item (6)
of the Rule. Specifically, non-electric utility lines impacts, other than perpendicular crossings,
require written authorization for impacts to zone 11 and impacts to zone I requires written
authorization and mitigation. A file review confirmed that notification was not provided to DWQ
prior to the riparian zone impacts and no Variance Request or Practical Alternative Request was
received prior to the impacts.
This Office requires that violations, as detailed above, be abated immediately. Also please
note, these violations and any future violations are subject to civil penalty assessment of up to
$10,000,00 and in some cases $25,000.00 per day for each violation. This Office requests that
you respond to this letter, in writing, within 15 days of receipt of this Notice. Your response
should address the following items;
• Please discuss your efforts to abate impacts to wetlands.
• Please provide an itemized estimation of the wetland impacts within the footprint of the
easement.
• Please show your construction corridor width and maintenance corridor width on your set of
plans.
Also, please indicate whether this sewer line includes lift stations, any respective wetland
impacts associated with the installation ofa lift station, and name of Engineer that sealed the
plans.
Please explain why you did not secure a Section 401 Water Quality Certification and detail
how you propose to prevent this problem from occurring on future projects.
9628 M14113e"Wcv COMM, R01619h NC 2M9-1828
An Equal Opportunity AfNrmatlvs Action Employer 7.IepSoos (919)57,i.47, FAX
0 (8181571-4
ecycl cyctedHO•//10%. post-c oneumor pspar
50.t recycled/10%o0
ar
'Oct 31 01 12:42p Stuart Jones 919 387 3375
Fuquay-V,-6na NOV
Page 3
• P1eaw clearly discuss
detail how impacts your efforts and provide an accurate time schedule with dates which
to the stream and the riparian zone (streamside area) will be r tored
es.
• You should provide an estimate of the
respectively, total acreage of impact of zone I and zone 11,
.
• You should detail your plans to replant and restore all impacts to riparian zone (a restoration
plan).
• It should be noted that satisfactory riparian zone restoration requires replanting of at least 2
hardwood species and maintaining a stem density/survivorship of at least 320 trees per acre at
the end 5 years.
• Also, please provide this Office with copies of any harvestirAg or timber sells receipts and any
copies of a forest management plan.
• Also you should re-submit the plans for the sewerline showing it out of the riparian zone or
you are required to submit a PCN for any impacts to Zone I or Zone fi of the riparian buffer
and with it submit a'No Practical Alternatives Engineering ,Analysis" as to why this
sewerline has to be constructed within the riparian buffer.
Thank you for your attention to this matter. This Office is considering sending a
recommendation for enforcement to the Director of the Division of Water Quality. Your
response to this correspondence will be considered in this process. Should you have any
questions regarding this matter, please contact Charles Brown at [phone],
Sincerely,
Kenneth Schuster
'W'Q Regional supervisor
CC: RRO - Water Quality
Corp of Engineer
Non-point Source Compliance/Enforcement Unit
Danny Smith, Central 401/Wetlands Unit
Ccntnd Files
p.4
1626 Malt service Carrtar. Raleigh, MC 276"-IG28
An Equal Opportunity Aft-4161- Action Employer 6 Tolap0% (titB)5T1.4700 FAX (619)0yf, rstycl-d/10Y• post-consumer er er paper ,1.4719
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