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HomeMy WebLinkAbout20020174 Ver 1_COMPLETE FILE_20020204OwAr?9QG Michael F. Easley, Governor William G. Ross Jr., Secretary y North Carolina Department of Environment and Natural Resources j Gregory J. Thorpe, Ph.D. p Acting Director Division of Water Quality May 23, 2002 Ms. Elizabeth W. Wedding 828 Mount Pleasant Road MAY 2 3 W ' Willow Springs, North Carolina 27592 L Dear Ms. Wedding: WETLANDS GROUP r1_9,uALITY SECTION Subject: Project: Carol Peed Dupree Property County: Johnston DWQ #: 020174 The purpose of this letter is to notify you that the North Carolina Wetlands Restoration Program (NCWRP) will accept payment for riparian buffer impacts associated with the subject project. Please note that the decision by the NCWRP to accept the riparian buffer mitigation requirements of this project does not assure that this payment will be approved by the N.C. Division of Water Quality Wetlands/401 Unit. It is the responsibility of the applicant to contact this agency to determine if payment to the NCWRP for impacts associated with this project is appropriate. In some cases, on-site mitigation may be required so that payment to the NCWRP is not an option. This acceptance is valid for six months from the date of this letter. If we have not received a copy of the issued Authorization Certificate within this time frame, this acceptance will expire. Based on the information supplied by you, the riparian buffer restoration that is necessary to satisfy the compensatory mitigation requirements for this project is 2,751 square feet. This riparian buffer mitigation will be performed in accordance with 15A NCAC 0213.0242, 02B.0244 and 2B.0260. If you have any questions or need additional information, please contact Crystal Braswell at (919) 733-5208. S' ereI , onald E. F rrell, Program Manager cc: Cyndi Karoly, Wetlands/401 Unit!, Steve Mitchell, RRO file Wetlands Restoration Program 1619 Mail Service Center Raleigh, NC 27699-1619 (919) 733-5208 Customer Service 320 West Jones Street Raleigh, NC 27603 Fax: (919) 733-5321 1 800 623-7748 MEW O?0F W A T ?9pG Michael F. Easley \ Governor r William G. Ross, Jr., Secretary Department of Environment and Natural Resources Gregory J. Thorpe, Ph.D., Acting Director Division of Water Quality NORTH CAROLINA DIVISION OF WATER QUALITY Authorization Certificate SUMMARY OF PERMITTED IMPACTS AND MITIGATION REQUIREMENTS In accordance with 15A NCAC 26 .0233 [OR .0259], Ms. Elizabeth W. Wedding has permission as outlined below and within the attached authorization certificate to impact buffers for the purpose(s) of constructing the approved road crossing. All activities associated with these authorized impacts must be conducted with the conditions listed in the attached authorization certificate. THIS AUTHORIZATION CERTIFICATE IS NOT VALID WITHOUT THE ATTACHMENTS. COMPENSATORY MITIGATION REQUIREMENT WETLAND RESTORATION PROGRAM (WRP) DWQ [OR DELEGATED LOCAL GOVERNMENT] Project No. 02-0174 APPROVAL DATE: 04/10/02 LOCATION: Wedding Tract Entrance Road COUNTY: Johnston BASIN/SUBBASIN: 03-04-03 STREAM INDEX NO.: 27-43-15-(1) As required by 15A NCAC 2B .0233 [OR .02591 and the conditions of the authorization certificate, you are required to compensate for the above impacts through the restoration or enhancement of buffers as outlined below prior to conducting any activities that impact or degrade the waters of the state. 2,751 square feet of riparian buffers One of the options you have available to satisfy the compensatory mitigation requirements is through the payment of a fee to the Riparian Buffer Restoration Fund per 15A NCAC 2B .0242 [OR .0260]. If you choose this option, please sign this form and mail it to the WRP at the address listed below. An invoice for the appropriate amount of payment will be sent to you upon receipt of this form. PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU HAVE RECEIVED NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE WRP. Signature WETLANDS RESTORATION PROGRAM (WRP) NC DIVISION OF WATER QUALITY 1619 Mail Service Center jr} At-gScaA Raleigh, NC 27699-1619 1a 3 , o k 4? (919) 733-5208 Date North Carolina Division of Water Quality, 401 Wetlands Certification Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address) 2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location) 919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwetlands/ ?o?DF WATER pG o -c 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 April 10, 2002 DWQ Project # 02-0174 Johnston County Page 1 of 2 Elizabeth W. Wedding 828 Mt. Pleasant Road Willow Springs, NC 27592 Subject Property: Proposed entrance road to access Carol Peed Dupree Property (future residential development), Elizabeth W. Wedding Property. NCPIN 1615-57-6374, Mt. Pleasant Road (SR1533), Pleasant Grove Township. Johnston County, NC UT to Middle Creek [03-04-03. 27-43-15-(1), C NSW] APPROVAL of 401 Water Quality Certification and Authorization Certificate per the Neuse River Buffer Protection Rules (15A NCAC 2B.0233) with ADDITIONAL CONDITIONS Dear Ms. Wedding: You have our approval, in accordance with the attached conditions and those listed below, to fill 0.32 acres of wetlands and 1,723 square feet of riparian buffers to construct the proposed road as described within your application dated February 1, 2002. After reviewing your application, we have determined that this fill is covered by the Division of Water Quality (DWQ) General Water Quality Certification Number 3375. This Certification allows you to use Nationwide Permit No. 14 when issued by the US Army Corps of Engineers (USACE). This letter shall also act as your approved Authorization Certificate for impacts to the protected Neuse riparian buffers as required under 15A NCAC 2B .0233(8). In addition, you should get or otherwise comply with any other federal, state or local requirements before you go ahead with your project including (but not limited to) Erosion and Sediment Control Permit. Also, this approval will expire when the accompanying 404 permit expires unless otherwise specified in the General Certification. This approval is only valid for the purpose and design that you described in your application except as modified below. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland, compensatory wetland mitigation may be required as described in 15A NCAC 2H.0506 (h). Impacts approved for this project will be added to any impacts approved for its associated residential development proposed to be located on the adjacent Carol Peed Dupree Property when determining notification and mitigation thresholds. For this approval to be valid, you must follow the conditions listed in the DWQ General Certification No. 3375 and any additional conditions listed below. Conditions: 1. All stormwater shall be directed as diffuse flow at non-erosive velocities through the protected stream buffers and will not re-concentrate before discharging into the stream as identified within 15A NCAC 2B .0233(5). No direct discharge of stormwater through the buffer is allowed. 2. You are required to mitigate for impacts to the protected riparian buffers. The required area of mitigation to compensate for impacts to the protected riparian buffers is 2,751 square feet as required under this Authorization Certificate and 15A NCAC 2B .0233 and .0242. We understand that you wish to make a payment into the Riparian Buffer Restoration Fund administered by the NC Wetlands Restoration Program (WRP) to meet this mitigation North Carolina Division of Water Quality, 401 Wetlands Certification Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address) 2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location) 919-733-1786 (phone), 919-733.6893 (fax), http•//h2o enr.state.nc.us/ncwetlands/ Pager df 2 requirement. This has been determined by the DWQ to be a suitable method to meet the mitigation requirement. In accordance with 15A NCAC 213 .0242(7), this contribution will satisfy our compensatory mitigation requirements urd--r 15A NCAC 2B.0233(9,,((-'). Until the WRP receives and clears your check (made payable to: DENR - Wedands Restoration Program Office), no impacts specified in this Authorization Certificate shall occur. Mr. Ron Ferrell should be contacted at (919) 733-5208 if you have any questions concerning payment into the WRP. You have one month from the date of this approval to make this payment. For accounting purposes, this Authorization Certificate authorizes payment into the Riparian Buffer Restoration Fund to compensate for 2,751 ft2 of required riparian buffer mitigation for impacts to 1,723 ft2 of protected riparian buffers; 03-04-03 river and subbasin. 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, 6714 Mail Service Center, Raleigh, NC 27699-6714. 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. Please be aware that this letter does not approve any impacts to wetlands, streams or buffers on the adjacent Carol Peed Dupree Property (NCPIN 1615-68-0825). If you have any questions, please telephone Mr. John Dorsey at 919-733-9646. Sincerely, Attachment General Water Quality Certification No. 3362 Cc: Robert L. Massengill, Southwind Surveying & Engineering, Inc., 201 Glen Road, Garner, NC 27529 Steve Mitchell, DWQ Raleigh Regional Office File Copy Central Files DWQ 020174 Page 2 of 2 requirement. This has been determined by the DWQ to be a suitable method to meet the mitigation requirement. In accordance with 15A NCAC 2R .0242(7), this contribution will satisfy our compensatory mitigation requirements urd.-r 15A NCAC 2B .0233(9a(a. Until the WRP receives and clears your check (made payable to: DENP - Wedands Restoration Program Office), no impacts specified in this Authorization Certificate shall occur. Mr. Ron Ferrell should be contacted at (919) 733-5208 if you have any questions concerning payment into the WRP. You have one month from the date of this approval to make this payment. For accounting purposes, this Authorization Certificate authorizes payment into the Riparian Buffer Restoration Fund to compensate for 2,751 ft" of required riparian buffer mitigation for impacts to 1,723 ft' of protected riparian buffers; 03-04-03 river and subbasin. 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, 6714 Mail Service Center, Raleigh, NC 27699-6714. 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. Please be aware that this letter does not approve any impacts to Nvetlands, streams or buffers on the adjacent Carol Peed Dupree Property (NCPIN 1615-68-0825). If you have any questions. please telephone Mr. John Domey at 919-733-9646. Sincerely. J. Thorpe, Ph. D Q. Acting Dir for Attachment: General Water Quality Certification No. 3362 Cc: Robert L. Massengill, Southwind Surveying & Engineering, Inc., 201 Glen Road, Garner, NC_ 27529 Steve Mitchell, DWQ Raleigh Regional Office File Copy Central Files DWQ 020174 F WArF \O?J 9oG Michael F. Easley Governor 7 William G. Ross, Jr., Secretary Department of Environment and Natural Resources O Y Gregory J. Thorpe, Ph.D., Acting Director Division of Water Quality NORTH CAROLINA DIVISION OF WATER QUALITY Authorization Certificate SUMMARY OF PERMITTED IMPACTS AND MITIGATION REQUIREMENTS In accordance with 15A NCAC 2B .0233, Ms. Elizabeth Wedding has permission as outlined below and within the attached authorization certificate to impact buffers for the purpose(s) of constructing the wastewater collection system project. All activities associated with these authorized impacts must be conducted with the conditions listed in the attached authorization certificate. THIS AUTHORIZATION CERTIFICATE IS NOT VALID WITHOUT THE ATTACHMENTS. COMPENSATORY MITIGATION REQUIREMENT WETLAND RESTORATION PROGRAM (WRP) DWQ Project No. 020174 LOCATION: Wedding Tract Entrance Road COUNTY: Johnston BASIN/SUB BASIN : 03-04-03 STREAM INDEX NO.: 27-43-15-(1) As required by 15A NCAC 2B .0233 and the conditions of the authorization certificate, you are required to compensate for the above impacts through the restoration or enhancement of buffers as outlined below prior to conducting any activities that impact or degrade the waters of the state. 2,751 square feet of riparian buffers One of the options you have available to satisfy the compensatory mitigation requirements is through the payment of a fee to the Riparian Buffer Restoration Fund per 15A NCAC 2B .0242. If you choose this option, please sign this form and mail it to the WRP at the address listed below. An invoice for the appropriate amount of payment will be sent to you upon receipt of this form. PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU HAVE RECEIVED NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE WRP. Signature WETLANDS RESTORATION PROGRAM (WRP) NC DIVISION OF WATER QUALITY 1619 Mail Service Center Raleigh, NC 27699-1619 (919) 733-5208 Date North Carolina Division of Water Quality, 401 Wetlands Certification Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address) 2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location) 919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwetlands/ o?0F WA TFR pG Michael F. Easley ` Governor co William G. Ross, Jr., Secretary Department of Environment and Natural Resources 0 Gregory J. Thorpe, Ph.D., Acting Director Division of Water Quality April 10, 2002 DWQ Project # 02-0174 Johnston County Page 1 of 2 arol Peed Dupree Property (future residential development), 2PIN 1615-57-6374, Mt. Pleasant Road (SR1533), i County, NC 43-15-(1), C NSW] :horization Certificate per the Neuse River Buffer [AL CONDITIONS -onditions and those listed below, to fill 0.32 acres of ;t the proposed road as described within your application N e have determined that this fill is covered by the Division of N lumber 3375. This Certification allows you to use 0 ps of Engineers (USACE). This letter shall also act as your :D °d Neuse riparian buffers as required under 15A NCAC 213 I-- .2 7) N ith any other federal, state or local requirements before you 4- 0 c ;ion and Sediment Control Permit. Also, this approval will LP d) v 'o erwise specified in the General Certification. U m V (D t you described in your application except as modified o (D If u may be required to send us a new application. If the C: C: p .0 Z Q CU ^ertification and approval letter and is thereby responsible _ (D .? j (now or in the future) exceed one acre of wetland, o U rn d in 15A NCAC 21-1.0506 (h). Impacts approved for this N •=oUM co dated residential development proposed to be located on v Z N ly ng notification and mitigation thresholds. For this .he DWQ General Certification No. 3375 and any additional w Q sive velocities through the protected stream buffers and will .,nttfied within IAA NCAC 213 .0233(5). No direct ?p parian buffers. The required area of mitigation to ?d sn 2,751 square feet as required under this Authorization "stand that you wish to make a payment into the Riparian Restoration Program (WRP) to meet this mitigation N?001, - ° rtification Unit, \S*44 ig Address) state. nc. us/ncwetlands/ i It Page 2 of 2 requirement. This has been determined by the DWQ to be a suitable method to meet the mitigation requirement. In accordance with 15A NCAC 213 .0242(7) this contribution will satisfy our compensatory mitigation requirements under 15A NCCAC 213 .0233(9)(C). Until (be WRP receives and clears your check (made payable to: DENR - Wetlands Restoration Program Office), no impacts specified in this Authorization Certificate shall occur. Mr. Ron Ferrell should be contacted at (919) 733-5208 if you have any questions concerning payment into the WRP. You have one month from the date of this approval to make this payment. For accounting purposes, this Authorization Certificate authorizes payment into the Riparian Buffer Restoration Fund to compensate for 2,751 ft2 of required riparian buffer mitigation for impacts to 1,723 ft2 of protected riparian buffers; 03-04-03 river and subbasin. 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, 6714 Mail Service Center, Raleigh, NC 27699-6714. 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. Please be aware that this letter does not approve any impacts to wetlands, streams or buffers on the adjacent Carol Peed Dupree Property (NCPIN 1615-68-0825). If you have any questions, please telephone Mr. John Dorney at 919-733-9646. Sincerely, Attachment General Water Quality Certifi No. 3362 Cc: Robert L. Massengill, Southwind Surveying & Engineering, Inc., 201 Glen Road, Garner, NC 27529 Steve Mitchell, DWQ Raleigh Regional Office File Copy Central Files DWQ 020174 W W A` Michael F. Easley \ Governor William G. Ross, Jr., Secretary > Department of Environment and Natural Resources Gregory J. Thorpe, Ph.D., Acting Director Division of Water Quality NORTH CAROLINA DIVISION OF WATER QUALITY Authorization Certificate SUMMARY OF PERMITTED IMPACTS AND MITIGATION REQUIREMENTS In accordance with 15A NCAC 2B .0233, Ms. Elizabeth Wedding has permission as outlined below and within the attached authorization certificate to impact buffers for the purpose(s) of constructing the wastewater collection system project. All activities associated with these authorized impacts must be conducted with the conditions listed in the attached authorization certificate. THIS AUTHORIZATION CERTIFICATE IS NOT VALID WITHOUT THE ATTACHMENTS. COMPENSATORY MITIGATION REQUIREMENT WETLAND RESTORATION PROGRAM (WRP) DWQ Project No. 020174 LOCATION: Wedding Tract Entrance Road COUNTY: Johnston BASIN/SUBBASIN: 03-04-03 STREAM INDEX NO.: 27-43-15-(1) As required by 15A NCAC 2B .0233 and the conditions of the authorization certificate, you are required to compensate for the above impacts through the restoration or enhancement of buffers as outlined below prior to conducting any activities that impact or degrade the waters of the state. 2,71 square feet of riparian buffers One of the options you have available to satisfy the compensatory mitigation requirements is through the payment of a fee to the Riparian Buffer Restoration Fund per 15A NCAC 2B .0242. If you choose this option, please sign this form and mail it to the WRP at the address listed below. An invoice for the appropriate amount of payment will be sent to you upon receipt of this form. PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU HAVE RECEIVED NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE WRP. Signature WETLANDS RESTORATION PROGRAM (WRP) NC DIVISION OF WATER QUALITY 1619 Mail Service Center Raleigh, NC 27699-1619 (919) 733-5208 Date North Carolina Division of Water Quality, 401 Wetlands Certification Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address) 2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location) 919-733-1786 (phone), 919-733-6893 (fax), http:/h2o.enr.state.nc.usincwetlands/ FFR - A. 0 O,VN_A L6c? Pre-Construction Notification (PCN) Application Form QG -c 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 htty://www. saw. usace. army.mil/wetlands/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 hLtp://www.saw.usace.army.mil/wetlands/re-gtour.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 (919) 733-1786. Trout Watm Conrch a-tion_ - 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 1 of 1 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 (919) 733-2293. 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 httv://www.saw.usace.army.mil/wetlands/nnfinalFedRegpdf. 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 httn://h2o.ehnr.state.nc.us/ncwetlands/fees.html. 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. J' Page 2 of 2 Office Use Only: Form Vasion 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. L Processing 1. Check all of the approval(s) requested for this project: ? Section 404 Permit ? Section 10 Permit 2401 Water Quality Certification ['Riparian orWatershed Buffer Rules 2. Nationwide, Regional or General Permit Number(s) Requested: 14 3. If this notification is solely a courtesy copy hecause written approval-for the 401 C'erhfration 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 L Dwnc/Anpticant Information Name: C 1,-zw. w Mailing Address: 1?Z8 r,+ _PI4 t..w,ll i NC 2ISgZ Telephone Number: q%q 8-,Lk- vwv Fax Number: N i? E-mail Address: 2._ Agent .Information (A _signed -and idated. copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant. ) Name: L. MgSSena, ll tom- t. Company Affiliation: y ;w4 d eo4;.,«r%^S, r ZrnL Mailing Address:- Z o\ G 1 c ? .R o 4J GCArC1Q r t_1 e- Z.l SZ9 Telephone Number: q 1g? -13 - 0 16 3 Fax Number: (q l q) -171-?- 0148 E-mail Address: R r?? sse? t 1 CJ So??l, w Nc? . L o r, Page 3 of 3 III. Project Information r 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: W zac? Ana ?P a c.? Sib 1,.,,s?o ??trg.,Ge -2. _T.I.P.. Project Number (NCDOT Only):_ 3. Property Identification Number (Tax PIN): 14 k5 - S 1 -- (, 3 -14 4. Location County: Yo ti r %? „ n Nearest Town: _ _0'rA r n -e r N C? Subdivision name (include phase/lot number): Directions to site (include road numbers, landmarks, etc.): Fri,,., IW eio h : Take. T-yo Ewst jr,'6 3-e?,nS?on Gov?? : TR o,+oN(-yZ ;1 e- ,f 3M ax%tl .",n Z.3 t,"les _ 'rI- ASR 1533ana a O It : (?re?ccl 104^?CA on- \^k ri3k A- A rwss rrcn., wq ???.: s r+,;11 Mo?ke N-.,,,e park. 5. Site coordinates, if available (U TM or Lat/Long): oaf 35°- 93?- go" Lo r., - ?S°- 3 (Note - If-projeces Iinear,suchas amad or utility tin ., ash a sheet_thatsepatatelylisLs-the coordinates for each crossing of a distinct waterbody.) 4. -Describe-the existing-land-use or condition of She site at-the time of-this application: FArm 7. Property size (acres): '{.10 c.re -8. Nearest body of water (stream/river/sound/ocean/lake): r-i,Jak-e Cr*ek 9. River Basin: N eg Se_ 1,N v c r (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.) Page 4 of 4 10. Describe the purpose of the proposed work: Re.s ae ?,a 5 S+rea'F 11. List the type of equipment to be used to construct the project: `p,Z,e, r . tic.c.Av&.?O r . S???pef r+,o?ur g 13 12. Describe the Jand use in-the vicinity of this project: A 4 r ; ?„ (?„ r , S.?a;,,?s?o•..1 -W. -Friar 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. _ M /p. 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: No VL Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. The applicant must also provide justification for these impacts in Section VII below. All proposed impacts, permanent and temporary, must be listed herein, and must be clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet Page 5 of 5 1. Wetland Impacts Wetland Impact Site Number indicate on ma Type of Impact* Area of Impact acres) Located within 100-year Floodplain** es/no Distance to Nearest Stream linear feet Type of Wetland*** FBI ?•3Z N? 33oc? c??-o we}Ins * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. ** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRK, or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at hU://www.fema.gov, *«* List a wetland type that best describes wetland to be impacted (e.g., freshwater/salmater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) List the total acreage (estimated) of existing wetlands on the property: 3 `/a AGreS Total area of wetland impact proposed: o .3 Z A c. r e_ 2. Stream Impacts, including all intermittent and perennial streams Stream Impact Site Number indicate on ma Type of Impact* Length of Impact linear feet Stream Name** Average Width of Stream Before Impact Perennial or Intermittent? leasespecify) 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.uses,ggv. Several internet sites also allow direct download and printing of USGS maps (e.g., Aww.toRQzone.com, www.mapguest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site:. Page 6 of 6 3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any other Water of the U.S. Open Water Impact Site Number Type of Impact' indicate on ma Area of Name of Waterbody Impact (if applicable) acres Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc. N IN ....1... -1,-U-7 -.u uwutuY w411P-d'y Impacts. Impacts mcluae, but are not Imuted to: mil, 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.):W/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: u/,&, Expected pond surface area: 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. SEE /?Ti /i G 4l t-? N ?' ?j Page 7 of 7 VIIL 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 hLtp://h2o.enr.state.ne.us/ncwetlands/strmgide.htrnl. 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. N /Al Page 8 of 8 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[mdex.htm. If use of the NCWRP is proposed, please check the appropriate box on page three and provide the following information: Amount of stream mitigation requested (linear feet): Amount of buffer mitigation requested (square feet): Amount of Riparian wetland mitigation requested (acres): Amount of Non-riparian wetland mitigation requested (acres): Amount of Coastal wetland mitigation requested (acres): IX. Environmental Documentation (DWQ Only) Does the project involve an expenditure of public funds or the use of public (federaUstate/local) land? Yes ? No [2"? If yes, does the project require preparation of an environmental document pursuant to the i 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 (919) 733-5083 to review current thresholds for environmental documentation. Yes ? No ? N /A If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ? No ? X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ['- No ? If you answered "yes", provide the following information: Page 9 of 9 Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* Impact (square feet Multiplier Required Mitigation 1 111 S F 3 2 l l01 L SF 1.5 Total * Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B.0242 or.0260. Xl. 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. E,cIS???a =M DerVio41 s Herr 4 - O~ ?eo?oSet?. _?-,oeryioVS Ae.reaaQ_ wlE-?-,. -A e?lA -.cQ C.PCA- - 0•1lgc-rG.?j 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. IW'DIVIDvIN I. one - StI-L S EpT'1c- sIST•EMS XIII. Violations (DWQ Only) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules? Yes ? No [9' Is this an after-the-fact permit application? Yes ? No [?- Page 10 of 10 XIV. Other Circumstances (Optional): It is the applicant's responsibility to submit the ar `-ation sufficiently in advance of desired construction dates to allow processing time for -nits. However, an applicant may choose to list constraints associated with constn, L14q ,,R that may impose limits on work schedules (e.g., draw-down schedules fr !l? kc?4 with Endangered and Threatened Species, accessibility problems, or -ant's control). • I-. App ' ant/Agent's Signature ( nt's signature is valid only if ..._-da Date on letter from the applicant is provided.) US Army Corps Of Engineers Field Offices and County Coverage Asheville Regulatory Field Office Alexander Cherokee Iredell Mitchell US Army Corps of Engineers Avery Clay Jackson Polk 151 Patton Avenue Buncombe Cleveland Lincoln Rowan Room 208 Burke Gaston Macon Rutherford Asheville, NC 28801-5006 Cabarrus Graham Madison Stanley Telephone: (828) 271-4854 Caldwell Haywood McDowell Swain Fax: (828) 271-4858 Catawba Henderson Mecklenburg Transylvania Raleigh Regulatory Field Office Alamance Durham Johnston Rockingham US Army Corps Of Engineers Alleghany Edgecombe Lee Stokes 6508 Falls of the Neuse Road Ashe Franklin Nash Surry Suite 120 Caswell Forsyth Northampton Vance Raleigh, NC 27615 Chatham Granville Orange Wake Telephone: (919) 876-8441 Davidson Guilford Person Warren Fax: (919) 876-5283 Davie Halifax Randolph Wilkes Washington Regulatory Field Office Beaufort Currituck Jones US Army Corps Of Engineers Bertie Dare Lenoir Post Office Box 1000 Camden Gates Martin Washington, NC 27889-1000 Carteret* Green Pamlico Telephone: (252) 975-1616 Chowan Hertford Pasquotank Fax: (252) 975-1399 Craven Hyde Perquimans Wilmington Regulatory Field Office US Army Corps Of Engineers Post Office Box 1890 Wilmington, NC 28402-1890 Telephone: (910) 251-4511 Fax: (910) 251-4025 Anson Duplin Onslow Bladen Harnett Pender Brunswick Hoke Richmond Carteret Montgomery Robeson Columbus Moore Sampson Cumberland New Hanover Scotland Pitt Tyrrell Washington Wayne Union Watauga Yancey Wilson Yadkin *Croatan National Forest Only Page 11 of 11 US Fi US Fish and Wildlife Service Raleigh Field Office Post Office Box 33726 Raleigh, NC 27636-3726 Telephone: (919) 856-4520 Division of Water Quality 401 Wetlands Unit 1650 Mail Service Center Raleigh, NC 27699-1650 Telephone: (919) 733-1786 Fax: (919) 733-9959 sh and Wildlife Service / National P US Fish and Wildlife Service Asheville Field Office 160 Zillicoa Street Asheville, NC 28801 Telephone: (828) 665-1195 Division of Coastal Management 1638 Mail Service Center Raleigh, NC 27699-1638 Telephone: (919) 733-2293 Fax: (919) 733-1495 Western Piedmont Region Coordinator 3855 Idlewild Road Kernersville, NC 27284-9180 Telephone: (336) 769-9453 Mountain Region Coordinator 20830 Great Smoky Mtn. Expressway Waynesville, NC 28786 Telephone: (828) 452-2546 Fax: (828) 506-1754 Rarine Fisheries Service National Marine Fisheries Service Habitat Conservation Division Pivers Island Beaufort, NC 28516 Telephone: (252) 728-5090 North Carolina State Agencies Division of Water Quality Wetlands Restoration Program 1619 Mail Service Center Raleigh, NC 27699-1619 Telephone: (919) 733-5208 Fax: (919) 733-5321 CAMA and NC Coastal Counties Beaufort Chowan Bertie Craven Brunswick Currituck Camden Dare Carteret Gates NCWRC and NC Trout Counties State Historic Preservation Office Department Of Cultural Resources 4617 Mail Service Center Raleigh, NC 276994617 Telephone: (919) 733-4763 Fax: (919) 715-2671 Hertford Pasquotank Hyde Pender New Hanover Perquimans Onslow Tyrrell Pamlico Washington Alleghany Caldwell Watauga Ashe Mitchell Wilkes Avery Stokes Burke Sur y Buncombe Henderson Polk Cherokee Jackson Rutherford Clay Macon Swain Graham Madison Transylvania Haywood McDowell Yancey Page 12 of 12 Impact Justification Wedding Tract Subdivision Entrance Background Information Ms. Carol P. Dupree Walls owns a 129 acre tract of land off of Mt Pleasant Road (SR 1533) in Pleasant Grove Township, Johnston County, North Carolina. The Walls property is landlocked with no road frontage. The property is currently accessed by an easement across an adjacent property. Ms. Walls is preparing to sell her land for development of a residential subdivision. However, a residential subdivision cannot be constructed without a permanent access. Ms. Elizabeth Wedding owns property between the Walls property and the State Road. Ms. Wedding has agreed to sell Ms. Walls a'/2 acre tract of land along the western most property line of her land, to provide access to the Walls property. Both parties have executed a contract for purchase/sell of the %z acre tract. The contract is contingent upon obtaining approval for an access road. A copy of the boundary survey of the 1/2 acre tract is attached. The boundary is also shown on the site plan. Alternatives There are no other feasible alternatives to the proposed location. The 1/2 acre tract along the western property line is the only land that Ms. Wedding is willing to sell. The existing access easement across the Wedding property is not allowable as a subdivision entrance. The other property owners between the Walls property and the state road have been approached, and are either not willing to sell their property, or their cost is prohibitive. The proposed access location is logistically the best location because it lines up with an existing subdivision entrance on the south side of SR 1533, and provides the best site distance at the intersection. Minimization The impacts to the wetlands have been minimized to the extent possible by keeping the fill height and width as low as possible. The fill height has been reduced by using two small culverts instead of one large culvert, and by using only enough fill over the culverts to prevent damage from truck traffic. Reducing the height of the fill reduces the width of the fill needed. The width of fill has been further reduced by using 2:1 fill slopes instead of 3:1 slopes. No roadside ditch will be constructed on the downstream side of the fill to minimize the disturbed wetland area. Runoff will be allowed to sheet flow away from the fill area. SEP-19-01 01:11 PM S'TANTON MASSENGILL Ik/)ILYI tM11NCil nMnl9t tf lN, '" lrs?tM Nwow GERAILb Q wilt /aV7SXW 4AI E : 9 . /7. 0/ >w ow 9198942384 P.01- PROPERTY Of ;111tlily•?'`???ACAROL DUPREE 04, S TOWNSHIP: rcumNT COUNTY. „?csrq? MAL- l- 1 ?Mr STATE: NORTH CAROLINA some layers not displayed because of scale Page 1 of 2 * * * DISCLAIMER * * * Johnston County assumes no legal responsibility for the information represented here. Cl +L some layers not displayed because of scale NAD27 NC State Plane Coordinate System X Coordinate -112115649.16 Y Coordinate 657337.36 PARNUM 13CO2038J NCPIN 1615-57-6374 IMAPSHEET 111615 10 WNERNAME WEDDING, ELIZABETH W ADDR1 Not Available ADDR2 903 FRANCES DRIVE ADDR3 Not Available CITY GARNER STATE N I C ZIP 275294242 BOOK := [1315 PAGE 0064 ACREAGE 4.100000 http://152.31.96.22/GISIMAGES/htm_0116124156.html 1/16/2002 some layers not displayed because of scale IRVALUE 1 8350 MVALUE 8350 LASTMOD T-] 17 JUL-00 http://152.31.96.22/GISIMAGES/htm 0116124156.htm1 Page 2 of 2 1/16/2002 some layers not displayed because of scale Page 1 of 2 * * * DISCLAWER * * * Johnston County assumes no legal responsibility for the information represented here. +Local 1 on Cl some layers not displayed because of scale INAD27 ? NC State Plane Coordinate System X Coordinate 2116158.97 Y Coordinate 659271.72 IP RANUM 13C02039B NCPIN 1615-68-0825 MAPSHEET 1615 OWNERNAME DUPREE, CAROL PEED ADDR 1 DUPREE, JERRY H IADDR2 548 DUPREE ROAD ADDR3 of Available CITY WILLOW SPRINGS STATE NC ZIP [275920000 BOOK ___] 1616 PAGE 0872 ACREAGE 128.960000 U - http://152,31.96.22/GISIMAGES/htm-0116123852.html 1/16/2002 some layers not displayed because of scale kVALUE ? ?240250 MVALUE?? 304390 LASTMOD 10-MAY-00 Page 2 of 2' http://152.31,96.22/GISIMAGES/htm 0116123852.htm1 1/16/2002 ? ?el /( /J IZti? ?. d? ?g c map Jl , u --?. WW ? LOYO ),, ' F Nj q TF Q 9 Michael F. Easley \?? pG Governor 7 William G. Ross, Jr., Secretary Department of Environment and Natural Resources Ph.D. Gregory J. Thorpe, Division of Water Quality March 25, 2002 DWQ# 02-0174 Johnston County Elizabeth W. Wedding 828 Mt. Pleasant Road Willow Springs, NC, 27592 APPROVAL of 401 Water Quality Certification and Neuse River Buffer Rules Dear Ms. Wedding: You have our approval, in accordance with the attached conditions, to place fill in 0.32 acre of wetlands and 1,823 square feet of Neuse Buffers in order to construct the Wedding Tract subdivision in Johnston County, as you described in your application received by the Division of Water Quality on February 4, 2002, and in additional correspondence received February 25 and March 19, 2002. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3375, which can be viewed on our web site at http://h2o.enr.state.nc.us/ncwetlands . This Certification allows you to use Nationwide Permit Number 14 when the Corps of Engineers issues it. This approval is also valid for the Neuse River Buffer Rules (15A NCAC 2B .0233). In addition, you should get any other federal, state or local permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control, Coastal Stormwater, Non-Discharge and Water Supply Watershed regulations. Also this approval will expire when the accompanying 404 permit expires unless otherwise specified in the General Certification. This approval is only valid for the purpose and design that you described in your application. If you change your project, you must notify us in writing and you may be required to send us a new application for a new certification. If the property is sold, the new owner must be given a copy of the Certification and approval letter and is thereby responsible for complying with all conditions. If total wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the conditions listed in the attached certification and the additional conditions listed below: 1. Deed notifications or similar mechanisms shall be placed on all lots with remaining jurisdictional wetlands and waters or areas within 50 feet of all streams and ponds. These mechanisms shall be put in place within 30 days of the date of this letter or the issuance of the 404 Permit (whichever is later). A sample deed notification format can be downloaded from the 401/Wetlands Unit web site at http://h2o.enr.state.nc.us/ncwetlands ; 2. An additional condition is that stormwater shall be directed to diffuse flow at non-erosive velocities through the protected stream buffers. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition which conforms to Chapter 1508 of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions are final and binding unless you ask for a hearing. 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 or Debbie Edwards in our Raleigh Regional Office at 919-571-4700 or Cyndi Karoly in our Central Office at 919-733-9721. Sincerely, Gregory J. Thorpe, Ph.D. Attachments cc: Corps of Engineers Raleigh Regulatory Field Office Raleigh DWQ Regional Office Central Files File Copy Robert Massengill, 201 Glen Road, Garner, NC, 27529 020174 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) n/n X00 4-OC /..L.--- N - 700 corn /t....\ L.N..•?.. n.. ....r...n... ... .... .........H...-..J..r On a Positive Note... Kab e/ t ?'14fs?-,x,11, cj 4o ;7,e ' S s ?? /o m Q? -f 4 -e. jazz, .5 L/ dj The Department of Environment and Natural Resources believes in Recognizing Excellence f ce ?T C0?1/S 2 ?e njA-Pcl 44,-- '-77 3- ol`fB`? ?tif l V-' - ? lr Re: What,Else A Subject: Re: What Else Date: TUC, 26 Mar 2002 13:19:25 -0500 From: Steve Mitchell <steve.mitchelI@ncmail.net> To: Cyndi Karoly <cyndi.karoly@ncmail.net> Yeah. 02-0243 had three numbers. One each for each of the three crossings. Looked in File maker and found the extra #'s were reassigned. 02-0174, 02-0249, & 02--.025C should beOK to issue. Cyndi Karoly wrote: > Steve, filemaker has your name entered, but the comments are missing for > 02-0174, 02-0249 and 02-0255. I'm totally confused with regards to > 02-0245 and 0244. The database is showing 02-0245 as Wade Carroll and > 02-0244 as Kim Sung Wan. Both are on hold but of course the damned files > aren't where they should be. So you somehow got these all under the same > number 02-0243? > Steve Mitchell wrote: > > Look at 02-0127, 02-0174, 02-0215, 02-0243-44-45, 02-0249, 02-0255, & > > 02-0272 1 of 1 3/28/02 9:35 AM Wet-lands Tracking Facility Name Wedding Tract Subdivision I Project Number 02 0174 t„ p Inactive Project Type purpose of Residential I Location Middle Creek Garner P }, County Johnston J County2 Region ?, Ralei h DCM Office COE Office Raleigh N W n . '?S'0UTHW1ND / r'C , SURVE:YINGANDENGINEMNG,INC. GUM4VONG / ENGINEERING / LAND PLANNING F J IL E3 201 GLEN ROAD GARNER, 27529 919-773-0 0153 919-773-0145 (FAX) imp, 1 February 22, 2002 S Ms. Cyndi Karolv NC Division of Water Quality 401 Wetlands Certification Unit 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Subject: Wedding Tract Subdivision Entrance Dear Ms. Karolv, ID- -G" This letter is in response to your comments dated February 13, 2002, regarding a request for a 401 Water Quality Certification for the subject project. The tollowing responses correspond to your comments: -The wetland area is indicated on the project plat. We have back shaded the wetland area to clearly show the proposed impact area. A copy of the revised plan is attached. -There is one stream located near the proposed project. It begins as a seep just to the west of the proposed street, and then flows in a northwesterly direction away from the project. The proposed street will not directly impact the stream, however, a portion of the riparian butter for this stream will be impacted. The location of the stream origin was field verified by Mr. Steve Mitchell of DWQ on.lanuar_v 24, 2002, and is shown on the attached plan.. Z 1 ' I i+ I(, ?) I l z.:z. -The subdivision has not yet been designed. Our intention is to obtain tile necessary permits for the entrance prior to proceeding with the full design of the subdivision. Once we begin design of the subdivision, we will delineate all wetland areas and riparian streams that exist on the development, and either avoid these areas, or obtain state and federal permits necessary for construction. -A portion ofUSGS Quad "Edmondson" is attached with the proposed project site indicated. -Prior to construction of the subdivision, we are required b_v the County of.lohnston to prepare a stormwater management plan and obtain their approval for a stormwater permit. The overall impervious area for the entrance portion of the subdivision will be included in the nitrogen loading calculations for the entire subdivision. "file rip-rap outlet protection at the west end of the proposed culvert is designed to diffuse the stormwater before entering the butter area. There is no defined channel at the culvert outlet, and the outlet protection is designed to spread the flow over a wide area. 201 GLEN KOAP GARNEK, NOKTH CAROLINA PHONE: 919-773-0183 / FAX: 919-773-0148 -As previously stated, the impervious area for the entrance will be included in the nitrogen loading calculations for the entire development when the stormwater management plan is prepared and submitted to Johnston County. Any required nitrogen offset payment will be paid to the Wetland Restoration Fund at that time. The stormwater management plan will be prepared once we begin design of the subdivision. We plan to begin design of the subdivision after we obtain the permit(s) to cross the wetland area for the entrance. If necessary, you can make the 401 Water Quality Certification conditional upon obtaining a stormwater permit from the County. i hope these responses are satisfactory. We received a copy of the Corps of Engineers (general Permit Regional and Nationwide Verification for this project the same day that we received your comments. Should you have any question, or require additional information, please do not hesitate to contact me. Sincerely, C .F. Project Engineer Attachments Cc: Elizabeth Wedding / if a ?. k 4 ice/ f r fr ?? _ I N 35 r ) it UL % Ali ail 1/0 NO? • w it I C6 Ir • ?? / n ?• .?? tW...F ?Y r 3-D lopo¢ude Copyright @ 1999 DaW s fanouth, W 04096 Source Data: 0868 1 -- --- 250 Pt Scala: 1 : 6,400 Detail: 16-0 Daum: =886 .N W ?I !,DOU 1 H 1/ r 1I JD SURVEYING / ENGINEERING / LAND PLANNING GLEN ROAD NER75 --773-0 0118 'F\Z1 AX) 7.1po'"" E March 18, 2002 Mr. John Dorney 401 Wetlands Certification Unit NC Division of Water Quality 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Subject: Wedding Tract Subdivision Entrance Dear Mr. Dorney, This letter is in response to your letter dated march 8, 2002, regarding a proposed wetland crossing on the property of Ms. Elizabeth Wedding, in Johnston County. In an attempt to obtain agency approval on the first submittal, we minimized the impacts to the wetlands and buffer during initial design to the extent possible. The design includes 2:1 side slopes instead of 3:1 slopes to make the fill area as narrow as possible and remain mowable, and the height of the till has been minimized by using two small storm drainage pipes instead of one large pipe. Due to the narrow width of the property, we are unable to shift the proposed construction away from the buffer. We therefore submit that there is no practical alternative to the design shown. No mitigation plan was originally submitted because the proposed improvements are indicated as "Allowable" according to the Table of Uses under 15A NCAC 0213.0233. The proposed road crossing impacts less than 150 linear feet, and less than one-third acre of riparian buffer. It is not clear why mitigation is required for this project when road crossings that disturb significantly more length and area are allowable with no mitigation, especially considering that the impacted buffer length is 100 feet and the impacted buffer area on this project is 0.037 acres. The rules allow up to 8 times more impacted area without mitigation than this project causes. In view of the small area impacted by this project, it is difficult to understand why your staff has determined that significant uses would be removed or degraded by this project. All of the impacted areas will be revegetated with grass, except approximately 300 square feet. The pipe outlet protection will be used as a BMP to diffuse the flow over a wide area as it enters the buffer. We respectfully request that you reconsider the buffer mitigation requirement and approve the project as submitted with no mitigation requirement. If you determine that mitigation is still required, please let us know as soon as possible so that we may proceed to the next step. Thank you for your consideration. If additional information is needed to assist in your approval, please let me know. I look forward to hearing from you. Sincerely, co? L. Massengtll, P.E. Project Engineer Cc: Ms. Elizabeth Wedding 201 GLEN KOAP GARNER, NOKTH CAKOLINA PHONE: 919-773-0183 / FAX: 919-773-0148 111A T ?9pG r Michael F. Easley Governor William G. Ross, Jr., Secretary Department of Environment and Natural Resources Gregory J. Thorpe, Ph.D. Division of Water Quality March 25, 2002 DWQ# 02-0174 Johnston County Elizabeth W. Wedding 828 Mt. Pleasant Road Willow Springs, NC, 27592 APPROVAL of 401 Water Quality Certification and Neuse River Buffer Rules Dear Ms. Wedding: You have our approval, in accordance with the attached conditions, to place fill in 0.32 acre of wetlands and 1,823 square feet of Neuse Buffers in order to construct the Wedding Tract subdivision in Johnston County, as you described in your application received by the Division of Water Quality on February 4, 2002, and in additional correspondence received February 25 and March 19, 2002. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3375, which can be viewed on our web site at http:Hh2o.enr.state.nc.us/ncwetlands . This Certification allows you to use Nationwide Permit Number 14 when the Corps of Engineers issues it. This approval is also valid for the Neuse River Buffer Rules (15A NCAC 2B .0233). In addition, you should get any other federal, state or local permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control, Coastal Stormwater, Non-Discharge and Water Supply Watershed regulations. Also this approval will expire when the accompanying 404 permit expires unless otherwise specified in the General Certification. This approval is only valid for the purpose and design that you described in your application. If you change your project, you must notify us in writing and you may be required to send us a new application for a new certification. If the property is sold, the new owner must be given a copy of the Certification and approval letter and is thereby responsible for complying with all conditions. If total wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the conditions listed in the attached certification and the additional conditions listed below: 1. Deed notifications or similar mechanisms shall be placed on all lots with remaining jurisdictional wetlands and waters or areas within 50 feet of all streams and ponds. These mechanisms shall be put in place within 30 days of the date of this letter or the issuance of the 404 Permit (whichever is later). A sample deed notification format can be downloaded from the 401/Wetlands Unit web site at http://h2o.enr.state.nc.us/ncwetlands ; 2. An additional condition is that stormwater shall be directed to diffuse flow at non-erosive velocities through the protected stream buffers. 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 or Debbie Edwards in our Raleigh Regional Office at 919-571-4700 or Cyndi Karoly in our Central Office at 919-733-9721. Sincerely, Gregory J. Thorpe, Ph.D. Attachments cc: Corps of Engineers Raleigh Regulatory Field Office Raleigh DWQ Regional Office Central Files File Copy Robert Massengill, 201 Glen Road, Garner, NC, 27529 020174 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) n4 n -f00 4H00 - 'oo -- /s.,.A .... - -- .,....,, i..........i....... i Wedding Tract Subdivision, Johnston County, 020174 Subject: Wedding Tract Subdivision, Johnston County, 020174 Date: Fri, 01 Mar 2002 10:32:57 -0500 From: Cyndi Karoly <cyndi.karoly@ncmail.net> To: steve.mitchell@ncmail.net, debbie.edwards@ncmail.net Steve and Debbie - This project was mailed to you on 2/28/02 as Issued from triage. That is a mistake - we meant to forward it to you as a "RRO review" project. It needs review for avoidance of buffer and wetland impacts. They claim they have to cross only at this location, but Bob and I have looked at it, and it looks like with some slight shifts of the road, the buffer impacts could be reduced. Their current design would need mitigation for the Zone 2 impacts. Bob said if they shift the road to have just the cleared area in zone 2, mitigation wouldn't be necessary. We think you've already done a site visit based on the applicant's cover letter, so hopefully this will just be a paper review in the office at this point. Sorry for the confusion. I of 1 3/1/02 10:33 AM F `NATF \o?0 9pG Michael F. Easley Governor r William G. Ross, Jr., Secretary > t DUG?;F''l: E„ F, Department of Environment and Natural Resources Gregory J. Thorpe, Ph.D., Acting Director Division of Water Quality February 13, 2002 Johnston County DWQ Project No. 02-0174 CERTIFIED MAIL: RETURN RECEIPT REQUESTED Elizabeth W. Wedding 828 Mt. Pleasant Road Willow Springs, NC, 27592 Dear MS. Wedding: On February 4, 2002, the NC Division of Water Quality (DWQ) received your application for a 401 Water Quality Certification to construct a road crossing at the proposed Wedding Tract subdivision in Johnston County. Insufficient information has been provided in order for us to complete our review. Specifically, please provide the following materials so that we can complete our review of your application: • Please provide a plat clearly illustrating the proposed wetland impact area; • You have indicated that streams are present on this property but they are not shown on your plans. Please illustrate all intermittent and perennial streams on your site plan; • Please provide a site plan for the entire subdivision, not just the entrance road, with all streams, wetlands and Neuse Buffers clearly illustrated; • You may find it hblpful to illustrate the impacts to Waters of the State on a USGS Topo Map or Johnston County Soil Survey. We strongly suggest that you use these resources to discuss any proposed impact s to Neuse Buffers; • Please discuss how you intend to treat stormwater on this site. Have you planned to direct strormwater through the protected Neuse Buffers using diffuse flow? • Please quantify the total proposed impervious are for this project. You should note that this will have a direct bearing on your stormwater plan. Until the information requested in this letter is provided, I will request (by copy of this letter) that the Corps of Engineers place this project on hold. Also, this project will be placed on hold for our processing due to incomplete information (15A NCAC 2H .0507(h)). Thank you for your attention. If you have any questions, please contact Cyndi Karoly in our Central Office in Raleigh at (919) 733-1786. Sincerely, ohn Dorney cc: Corps of Engineers Raleigh Regulatory Field Office Raleigh DWQ Regional Office File Copy Central Files Robert Massengill, 201 Glen Road, Garner, NC, 27529 020174 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) MEMORANDUM TO: John Dorney Non-Discharge Branch Regional Contact: Steve Mitchell WQ Supervisor: Ken Schuster Date: _ SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS Facility Name Wedding Tract Subdivision County Johnston Project Number 02 0174 County2 Recvd From APP Region Raleigh Received Date 2/4/02 Recvd By Region Project Type Residential Certificates Permit Wetland Type Type 14 Wetland Wetland Stream Impact Score Index > Y -@)N tr-?r2-7-4-3-15--(- YN I I' Mitigation MitigationType Stream Class Acres Feet Prim. Supp. Basin Req. Req. C NSW 30,403. F F- 71 Wetland Type Acres Feet Stream Impacts (ft.) E E Is Wetland Rating Sheet Attached? O Y O N Did you request more info? O Y O N Have Project Changes/Conditions Been Discussed With Applicant? O Y O N Is Mitigation required? O Y O N Recommendation: O Issue O Issue/fond *Deny Provided by Region: Latitude (ddmmss) Longitude (ddmmss) Comments: Crossing can be shifted to lessen impact and remove the need for mitigation. cc: Regional Office Central Office Page Number 1 Facility Name Wedding Tract Subdivision County Johnston Project Number 02 0174 Regional Contact: Steve Mitchell Date: Comments (continued from page 1): cc: Regional Office Central Office Page Number 2 N W nOUTHVVIND SURVEYINGAND ENGINEMNG, INC. SURVEYING / ENGINEERING / LAND PLANNINQ E 1 93 201 GLEN ROAD GARNER, 27529 919-773-0 0183 919-773-0145 (FAX) 10p, February 1, ? 60 ? U s Mr. John Dorney 2321 Crabtree Blvd Suite 250 Raleigh, North Carolina 27604 Re: Wedding Tract Subdivision Entrance Dear Mr. Dorney, FFR - 4 Attached are seven (7) copies of the Pre-construction Notification Application Form and supporting information for construction of a residential subdivision e in Pleasant Grove Township in Johnston County. The proposed project includes filli g 0.32 acr of wetlands, and encroachment on the buffer of a riparian stream. However, we do not propose to cross the riparian stream. The riparian stream was delineated by Mr. Steve Mitchell of DWQ on January 24, 2002. Enclosed is a check in the amount of $200.00 for the application fee. We respectfully request your review and approval of the wetlands crossing and riparian buffer encroachment. Please do not hesitate to contact me if you have any questions or require additional information. Sincerely, Robert K<s e n gil Attachments Cc: Ms. Carol Walls Ms. Elizabeth Wedding Corps of Engineers, Raleigh Field Office 201 GLEN ROAD GARNER, NORTH CAROLINA F HONE: 919-773-0183 / FAX: 919-773-0148 kn~, FSeachwoudUr ~~ir,wallis ,~d. APPROXIMATE F!~'' STf~AM LOCATION >i zarw: s (~7 La \ ~ M e I ` i' OUTLET PROTEC110N ~ • • ~ f"~ J .'ry W~17' L~14' D~2' ~ ~ , ~ J V CLASS B STONE START OF . 3 W do STREAM / $ SITE c~ ~ ~j Sr f r PROPOSED CULVERT App OXIMATE 4TE ~ I p f., r.. 2 - 36"0 RCP / 0 0.5X SLOPE MIN. U OF GRADING 4DING ~ n ~ ) ~ SPACED 5 O.C. WITH t e~. ~J: OUTLET PIPE FLARED END SECTIONS ME11~S C~ Rpm Tooer;~, n il ~ 60' R- W ~ ' A,,,m pr. ~ ~ . x ~ 30' R - a ~N T IP BEDDING THICKNESS Th i ~N OUTLE P E ( ) VICINITY MAP I~ i ~ ~ ~ NOT TO SCALE R~30 ~0 '0. WALTON'S MILL i MEIIANOS ROPOSED 60 D 60' GEOTEXTILE FlLTER FABRIC COURT (60 R/.W) ~ SpP~ 'RIGHT OF WAY F-wAY WETLANDS DELINIATION BY: No. 57 STONE ~ ~ 3" THICK ~ ~ ~ ~ p / ~ t TOMMY ADAMS P,O. BOX 1473 ~i ' I ~ ~ TH N 7 77 SMI FlELD, C 2 5 ~ STONE CHECK DAM ~ T1 N i ~ti } PLACE WITHIN D PROPOSED DITCH O OUTLET PROTECTION DETAIL N D ~ ~-n~aAVS NOT TO SCALE Z ~ , APPROXIMATE ~ ~ 21' AVEMENT WIDTH UMIT OF GRADING O v! 'h I ..i ~ BASE OF TRAPEZOIDAL DITCH e ~I 1 ~ BASE OF VEE DITCH 80' ~I ' tn LOW POINT ELEV POINT ELEV ~ 98.33 RIGHT OF wAY TOP OF DITCH SLOPE W LOW POINT STA = 2• POINT STA = 2+40.87 8' 20' 8' VARIES VARIES PW STA = 2+66. VI STA = 2+66.70 SHWLDER PAVEMENT SHOULDER DITCH PVI ELEV = 98.f pVi ELEV = 98.06 A.D. =3.75 K =33.33 A.D. =3.75 ~ 4" 1 4" K =33.33 ..--1-~ ~y 1 "p ~ pER FT 110 FLOW • 1 1 Y I-2 8" ABC ti• ~ _ - PLAN VIEW o or NATURAL GROUND ~ c _ _ - - ~ N ~ Ol ~g 1' MIN. ~ o M + ~ T SECTION AL STREE TYP I C a N o0 . S N W NOT TO SCALE U ~o w > W W PROPOSED ADE ~ m CROSS SEC110N N m \ ~ ~ 20' ~ VEE DITCH too NATURAL GROUND 1' MIN, Fl AR 50' TAPER CROSS SECTION 10' x 70' TRAPEZOIDAL DITCH PROPOSED ULVERT EXISTIN GRADE ' SIGHT TRIANGLE 30'R ~ 1' MIN. 2 - W ~ t ) 0 0.5X SL E (MIN,) 0 0 M EDGE OF PAVEMENT FLOW ~ BASE OF STOP 4' - 6' TRAPEZOIDAL EXISTING ROAD EDGE OF PAVEMENT OPTIONAL TYPE "B` VAR. 1' - 2' DITCH SILT BASIN - - RAW ELEVAl10N VIEW DAY 86,00 NOTE: NEW RESIDENTIAL ROAD OR RESIDENTIAL _ STONE SHALL BE EROSION o ~ N rD ~ n ~ N ~ o ~ m ~ ,~N ~ COLLECTOR ROAD AND EXISTING STATE MAINTAINED CONTROL (CLASS "B") RIP-RAP o° ~ ~ ~ ~ ~ ~ ~ aD ~ ao ~ ao w a a~ o 0 0 ~°D• ~O' o ROAD WITHOUT CURB AND GUTTER ~g ~ STOP CONDITION T N ARD TEMPORARY ROCK SAD 0+00 1+00 2+00 3+00 3+00 4+00 NECTION DETAIL ROAD CON H CK TYPE-B SILT C E NOT TO SCALE NOT TO SCALE ~~~ye, t9 rt"~ 3ct~ J t" P w; r . ~;a~~n~'Q~ ~ i ' i~ n 0 ~ ,ply v o ,J' V~ „J~~I`yd • ~ z' + smo MJH 3 SCALE SIEET N0. DATES JANUARY 2002 F~t11Q~ITA4 • n MJH ~ PLAN PROFILE DETAILS , ~~~J ~ a~ RLM SURVEYING AND soy cox aow sv PROJ. t A01-0527 1-50 1 ~ . SUBDIVISION g.,4$ a~/~~~;~; ,y,~ ENGINEERING, INC. x.c. arses • o~ k ~ 918-7)3-0183 DIVISION ENTRANCE DWG FiIE w 1'=5' ~~o ~f ~~.a,y rt"'~,:: 2!•nZ nn?ac RLM ORS, S' 919-773-0118 (FAl() pF, 1