20040163 Ver 2_401 Application_20110714

coEngineering
A division of The John R. McAdams Company, Inc.
LETTER OF TRANSMITTAL 0 1 3
To: DWQ Central Office Date: July 11, 2011
Attn: Ms. Amy Chapman
DWQ 401 - Buffer Coordinator
512 N. Salisbury Street REGULAR MAIL
Raleigh, NC 27604
Re: Neuse Buffer Auth. Application Job No.: WLT-11000
Cobblestone s/d
I am sending you the following item(s):
COPIES DATE NO. DESCRIPTION
3 PCN Application and attachments

1 CD of application
These are transmitted as checked below:
? As requested
? For approval
® For review and comment
? For your use
Copy to:
Signed:
Kevin Yates
Senior Enviro mental Scientist
FOR INTERNAL USE ONLY
? Copy Letter of Transmittal Only to File
® Copy Entire Document to File
2905 Meridian Parkway, Durham, North Carolina 27713
PO Box 14005, RTP, North Carolina 27709
Please call with auestions at 919.361.5000.
EcoEngineering
A division of The John R. McAdams Company, Inc.
July 12, 2011
Ms. Amy Chapman
DWQ Buffer Coordinator
NC DWQ - 401 Unit
512 North Salisbury Street (Archdale Building)
.Raleigh, North Carolina 27604
Re: After-the-Fact- Neuse Buffer Application
Cobblestone Subdivision
Clayton, North Carolina
WLT-11000
Dear Ms. Chapman:
On behalf of. Walthom Group, we are applying for an After-the-Fact Neuse
River Riparian Buffer Authorization for impacts to Zone 1 and Zone 2 of the
Neuse Buffer in response to the NC Division of Water Quality (DWQ) Notice of
Violation (NOV), dated January 13, 2011, related to un-authorized placement of
rip-rap within the Neuse Buffer of an unnamed.tributary to Little Creek. More
specifically the rip-rap was placed at the Averasboro Drive stream crossing,
within the Cobblestone subdivision. The Cobblestone subdivision is located
off of Champion Street, adjacent to Everett Avenue, approximately 1 mile
south of it intersection with SR 1563, in Clayton, within the Neuse Rive basin
in Johnston County, North Carolina. Please find enclosed for your review:
• Signed Agent Authorization
• Pre-Construction Notification
• Fig. I - USGS Quad - Raleigh West
• Fig.2- Wake County Soil Survey
e Fig.3- Cobblestone Overall Buffer Impact Map
• Fig.3- Cobblestone Overall Buffer Impact Map / w. Aerial
• Inset 1
• Original Impact Map (Sanderson Engineering)
• Picture Exhibit (Pics 1-4)
• Copy of NCDWQ NOV dated January 13, 2011
• DWQ Project No. 04-0163 - Waiver- May 7, 2004
• USACE Action ID 200520154 200520155 NWPs 12 & 14
PROJECT LOCATIONIHABITAT: A majority of the Cobblestone
subdivision has been constructed, aside from Phase 7, which is currently being
Research Triangle Park, NC built in the center of the neighborhood. There are three unnamed tributaries
Post Office Box 14005 within the project area that drain to Little Creek, which runs along the western
Research Triangle Park, property boundary. Little Creek is a tributary to the Neuse River, within the
North Carolina 27709 Neuse 03020201 HUC. There are approximately 18.23-acre of riparian
2905 Meridian Parkway
Durham, North Carolina 27713
800-733-5646
919-287-4262
919-361-2269 Fax
www.ecoengr.com Design Services Focused On Client Success
EcoEngineering
A division of The John R. McAdams Company, Inc.
Ms. Amy Chapman
Cobblestone - Neuse Buffer
July 12, 2011
Page 2 of 4
wetlands, 1,251 if of intermittent stream channel / 7822 if of perennial stream
channel (Figure 3/Figure 3 w. aerial). The riparian buffers are mostly
forested, aside from the permitted road crossings and rip-rap along
Averasboro Drive. The riparian canopies consist of Red Maple, Tulip Poplar,
Sweet Gum, Ironwood and a few Oaks species, with an understory Chinese
Privet, Baccharis, and fescue grasses. Land use within the vicinity of the
project is single-family residential, light commercial, and natural forested
areas to the west of the project area. US Highway 70, is approximately 1/2
mile to the north of the project.
PROJECT HISTORY: There were previously permitted 404/401 impacts
for the overall project, and specifically 132 linear feet of impact permitted for
what we are calling "Stream A", an unnamed tributary to Little Creek, at the
Averasboro Road crossing. Please reference:
-DWQ Project No. 04-0163 - Waiver of the 401 Water Quality Certification
and Neuse River Buffer Authorization Certificate, issued May 7, 2004.
-USACE Action ID 200520154 200520155; Section 404 Permit, NWPs 12 &
14, issued December 22, 2004.
These impacts at the Averasboro Road Crossing included a 54" RCP, with a
dissipater length of 45 linear feet and 25 feet in width, as depicted in the
Sanderson Engineering impact maps dated November 10, 2004 (enclosed).
This unnamed tributary is not depicted on the USGS quad (Figure 1), but is
depicted on the Wake County Soils Survey (Figure 2), therefore it is subject to
the Neuse River Riparian Buffer Rules (Figure 3/Figure 3 w. aerial).
NOV/UN-AUTHORIZED RIP-RAP: Un-authorized rip-rap, was also
placed within the riparian buffer of "Stream A" upstream and downstream of
the culvert adjacent to the existing Averasboro Drive culvert at "Stream A", in
an effort to curb erosion, and inadvertently within upstream portions of the
stream channel. Please reference:
-DWQ- NOV, from Ms. Lauren Witherspoon, dated January 13, 2011.
-Our February 08, 2011 on-site meeting identifying the areas of impact noted in
the NOV letter and discussion of remediation efforts needed to resolve the
violations within the impacted areas and
-Follow-up meeting June 3, 2011, which included myself, Patty Dwyer of
Erosion Control Solutions, and Ms. Witherspoon to inspect the other areas
previously impacted and remediation efforts made to restore these areas.
WLT-11000
EcolEngineering
A division of The John R. McAdams Company, Inc.
Ms. Amy Chapman
Cobblestone - Neuse Buffer
July 12, 2011
Page 3 of 4
Ms. Witherspoon expressed her satisfaction with efforts taken and plan
implemented to restore the other areas that were impacted areas.
RIP-RAP IMPACTS: Unauthorized rip-rap was placed within the riparian
buffer of "Stream A" upstream and downstream of the culvert adjacent to the
existing Averasboro Drive culvert at "Stream A", in an effort to curb erosion.
These impacts total 3,016 square feet of Zone 1 impacts on the upstream side
of the culvert and 2,406 square feet of Zone 1 impacts on the downstream side
of the culvert at Averasboro Drive. Portions of Zone 2, have been graded, re-
vegetated, and are stable, which. total 3,615. The rip-rap was removed from
the stream channel, and it is stabilized. The total impact length is less than 150
linear feet and less than 1 /3 acre of impacts (Figure 3: Inset I/ Pics 1-4).
These stream buffer impacts were conducted in an effort to stabilize the
stream banks, but were never authorized by NCDWQ. The pictures enclosed
depict the rip-rap installed in an effort to curb erosion of the steep banks and
adjacent head cut. The Zone 1, buffer impacts are considered "allowable"
with notification, under the Neuse River Buffer Rules Table of Uses. We
are requesting an After-The-Fact Neuse Buffer Authorization for these
impacts to Zone 1 of the Neuse Buffer.
TOTAL NEUSE BUFFER IMPACTS:
Buffer Impact
Location Type of Impact Zone 1 Zone 2
Inset 1 Rip-Rap/
Permanent Bank Stabilization 5,422
(Pics 1-4)
Inset 1 Clearing & Grading/
Permanent Re-vegetated 3,615
(Pics 1-4)
TOTAL 5,422 3,615
AVOIDANCE and MINIMIZATION: These stream buffer impacts were
conducted in an effort to stabilize the stream banks, but were never authorized
by NCDWQ. The pictures enclosed depict the rip-rap installed in an effort to
curb erosion of the steep banks and prevent sediment from reaching
downstream waters. The rip-rap placed within the riparian buffer zone, is the
minimal amount needed to prevent current and further erosion in this area. A
level-spreader was also installed upstream at the rear of lot 314, to help
diffuse flow and curb erosion in this area.
WLT-11000
EcoEngineering
A division of The John R. McAdams Company, Inc.
Ms. Amy Chapman
Cobblestone - Neuse Buffer
July 12, 2011
Page 4 of 4
Walthom Group has hired Frank Brown of CFB Contracting, LLC, a local
erosion control compliance and monitoring specialist to keep track of records and
reports since Walthom Group is the financial responsible party for the project.
Mr. Brown will ensure all current and future erosion and sediment control
measures will be checked for stability and operation following every runoff
producing rainfall , but in no case less than once every week. Any needed
repairs will be made immediately to maintain all measures designed. An
erosion control inspections report is required and will be kept by the owner's
representative. Walthom Group will also be checking with Mr. Brown to ensure
currently and newly cleared areas are compliant with the erosion and
sedimentation plan on file, have properly implemented these erosion control
measures, and that the sediment and erosion control measures for the Cobblestone
subdivision are properly maintained in the future.
DIFFUSE FLOW:: Diffuse flow plan was submitted in 2004 and approved
with original DWQ Project No. 04-0163 - Waiver of the 401 Water Quality
Certification and Neuse River Buffer Authorization Certificate; May 7, 2004
(enclosed). It should be noted that there is a level-spreader at the rear of lot
314, just outside of the Neuse Buffer of Stream A, as part of the original
diffuse flow plan as well as other outlet locations throughout the property.
MITIGATION: The total impact length is less than 150 linear feet and less
than 1/3 acre of impacts. The Zone 1, buffer impacts are considered
"allowable" with notification, under the Neuse River Buffer Rules - Table of
Uses.
Consideration of this project is greatly appreciated.
questions or require additional information, please
me at [phone].
Sincerely,
EcoEngineering
A division of The John R. McAdams Company, Inc.
Kevin Yates
Senior Environmental Scientist
Project Manager-
Enclosures
If you should have any
do not hesitate to contact
WLT-11000
O?O? W AT FgpG
1 0 a.
Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
+Pre-Construction Notification PCN Form
A. Applicant Information
1. Processing
1 a. Type(s) of approval sought from the

Corps:
? Section 404 Permit ? Section 10 Permit
1 b. Specify Nationwide Permit (NWP) number: or General Permit (GP) number:
1 c. Has the NWP or GP number been verified by the Corps? ? Yes ? No
1 d. Type(s) of approval sought from the DWQ (check all that apply):
? 401 Water Quality Certification - Regular ? Non-404 Jurisdictional General Permit
? 401 Water Quality Certification - Express ® Riparian Buffer Authorization
1 e. Is this notification solely for the record
because written approval is not required? For the record only for DWQ 401
Certification:
. ? Yes N No For the record only for Corps Permit:

? Yes ? No
1f. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation
of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu
fee program. ? Yes ® No
1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below. ? Yes ® No
1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes ® No
2. Project Information
2a. Name of project: Cobblestone Village
2b. County: Johnston
2c. Nearest municipality / town: Clayton
2d. Subdivision name:
2e. NCDOT only, T.I.P. or state
project no:
3. Owner Information
3a. Name(s) on Recorded Deed: Walthom Group
3b. Deed Book and Page No. 02609 0534
3c onsible P
Res
. p
applicable): Rob Bailey
3d. Street address: 442'/2 East Main Street
3e. City, state, zip: Clayton, NC 27520
3f. Telephone no.: 919-235-2964
3g. Fax no.:
3h. Email address: rbaileya-walthomgroup.com
Page 1 of 15
PCN Form - Version 1.3 December 10, 2008 Version
4. Applicant Information (if different from owner)
4a. Applicant is: ? Agent ? Other, specify:
4b. Name: Rob Bailey
4c. Business name
(if applicable): Walthom Group
4d. Street address: 442'/2 East Main Street
4e. City, state, zip: Clayton, NC 27520
4f. Telephone no.: 919-235-2964
4g. Fax no.:
4h. Email address: rbailey?a walthomgroup.com
5. Agent/Consultant Information (if applicable)
5a. Name: Kevin Yates
5b. Business name
(if applicable): EcoEngineering, A division of The John R. McAdams
5c. Street address: 2905 Meridian Parkway
5d. City, state, zip: Durham, NC 27713
5e. Telephone no.: 919-361-5000
5f. Fax no.: 919-361-2269
5g. Email address: [e-mail]
Page 2 of 15
PCN Form - Version 1.3 December 10, 2008 Version
B. Project Information and Prior Project History
1. Property Identification
1 a. Property identification no. (tax PIN or parcel ID): 166813-13-6814
1 b. Site coordinates (in decimal degrees): Latitude: 35.6248449 N Longitude: - 78.4634940 W
(DD.DDDDDD) (-DD.DDDDDD)
1 c. Property size: - 97 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to
proposed project: Little Creek
2b. Water Quality Classification of nearest receiving water: C; NSW (Sream Index Number 27-43-12)
2c. River basin: Neuse 03020201
Page 3 of 15
PCN Form - Version 1.3 December 10, 2008 Version
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
The Cobblestone subdivision is located off of Champion Street, adjacent to Everett Avenue, approximately 1
mile south of it intersection with SR 1563, in Clayton, Johnston County, North Carolina. A majority of the
Cobblestone subdivision has been constructed, aside from Phase 7, which is currently being built in the center
of the neighborhood. There are three unnamed tributaries within the project area, that drain to Little Creek, and
runs along the western property boundary. Little Creek is a tributary to the Neuse River, within the Neuse
03020201 HUC.
There were previously permitted 404/401 impacts of 132 linear feet total to what we are calling "Stream A", an
unnamed tributary to Little Creek, within the current project area. These impacts included a 54" RCP, with a
dissipater length of 45 linear feet and 25 feet in width, as depicted in the Sanderson Engineering impact maps
dated November 10, 2004 (enclosed). This unnamed tributary is not depicted on the USGS quad (Figure 1),
but is depicted on the Wake County Soils Survey (Figure 2), therefore it is subject to the Neuse River Riparian
Buffer Rules. The riparian buffers are mostly forested, aside from the permitted road crossings and rip-rap
along Averasboro Drive. The riparian canopies consist of Red Maple, Tulip Poplar, Sweet Gum, Ironwood and
a few Oaks species, with an understory Chinese Privet, Baccharis, and fescue grasses. Land use within the
vicinity of the project is single-family residential, light commercial, and natural forested areas to the west of the
project area. US Highway 70, is approximately % mile to the north of the project.
3b. List the total estimated acreage of all existing wetlands on the property:
18.23-acre of Riparian Wetlands within project boundary
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
1,251 If of Intermittent Stream Channel / 7822 If of Perennial Stream Channel
3d. Explain the purpose of the proposed project:
The purpose of the project is to provide residential housing to the Town of Clayton. The specific purpose of the permit
application is to allow use of rip-rap to curb erosion within the riparian zone and stream channel.
Page 4 of 15
PCN Form - Version 1.3 December 10, 2008 Version
3e. Describe the overall project in detail, including the type of equipment to be used:
This buffer impact application is an After-The-Fact application, as a result of NC Division of Water Quality
(DWQ) Notice of Violation (NOV), dated January 13, 2011, related to construction and sedimentation at the
Cobblestone subdivision, in Clayton, North Carolina. I met on-site with Ms. Lauren Witherspoon on February 08,
2011 to identify the areas of impact noted in the NOV letter and discussion of remediation efforts needed to
resolve the violations within the impacted areas. A restoration plan was prepared to remediate the release of
sediment into an unnamed tributary ("Stream B"-Figure 3) to Little Creek and adjacent wetlands, and
addresses the un-authorized placement of rip-rap within the Neuse Buffer at the Averasboro Drive stream
crossing, within the Cobblestone subdivision, and was submitted to Ms. Witherspoon.
A follow-up meeting was conducted on June 3, 2011, which included myself, Patty Dwyer of Erosion
Control Solutions, and Ms. Witherspoon to inspect the previously impacted areas and remediation efforts
made to restore these areas. Ms. Witherspoon expressed her satisfaction with efforts taken and plan
implemented to restore the impacted areas.
There were previously permitted 404/401 impacts of 132 linear feet total to what we are calling "Stream A",
an unnamed tributary to Little Creek. These impacts included a 54" RCP, with a dissipater length of 45
linear feet and 25 feet in width, as depicted in the Sanderson Engineering impact maps dated November 10,
2004 (enclosed).
Unauthorized rip-rap was placed within the riparian buffer of "Stream A" upstream and downstream of the
culvert adjacent to the existing Averasboro Drive culvert at "Stream A", in an effort to curb erosion. These
impacts total 3,016 square feet of Zone 1 impacts on the upstream side of the culvert and 2,406 square feet of
Zone 1 impacts on the downstream side of the culvert at Averasboro Drive. Portions of Zone 2, have been
graded, re-vegetated, and are stable, which total 3,615. The rip-rap was removed from the stream channel, and
it is stabilized. The total impact length is less than 150 linear feet and less than 1/3 acre of impacts (Figure 3:
Inset 1/ Pics 1-4).
These stream buffer impacts were conducted in an effort to stabilize the stream banks, but were never
authorized by NCDWQ. The pictures enclosed depict the rip-rap installed in an effort to curb erosion of the
steep banks and adjacent head cut. The Zone 1, buffer impacts are considered "allowable" with notification,
under the Neuse River Buffer Rules - Table of Uses. We are requesting an After-The-Fact Neuse Buffer
Authorization for these impacts to Zone 1 of the Neuse Buffer.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property / ® Yes ? No ? Unknown
project (including all prior phases) in the past?
Comments:
4b. If the Corps made the jurisdictional determination, what type ? Preliminary N Final
of determination was made?
4c. If yes, who delineated the jurisdictional areas? - Agency/Consultant Company: Neal Floyd
Name (if known): Neal Floyd Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
USACE - 2004 (AID # 200520154) ;
Page 5 of 15
PCN Form - Version 1.3 December 10, 2008 Version
5. Project History
5a. Have permits or certifications been requested or obtained for ® Yes ? No ? Unknown
this project (including all prior phases) in the past?
5b. If yes, explain in detail according to "help file" instructions.
• DWQ Project No. 04-0163 - Waiver of the 401 Water Quality Certification and Neuse River Buffer Authorization
Certificate; May 7, 2004
• USACE Action ID 200520154 200520155; Section 404 Permit, NWPs 12 & 14; December 22, 2004
6. Future Project Plans
6a. Is this a phased project? ® Yes ? No
6b. If yes, explain.
The last phase, Phase 7, which is single-family, residential homes is currently under construction within the Cobblestone
subdivision. No more construction, nor phases are planned at this time.
Page 6 of 15
PCN Form - Version 1.3 December 10, 2008 Version
C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
? Wetlands ? Streams - tributaries ® Buffers
? Open Waters ? Pond Construction
2. Wetland Impacts No Wetland Impacts.
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a. 2b. 2c. 2d. 2e. 2f.
Wetland impact Type of jurisdiction
number - Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact
Permanent (P) or (if known) DWQ - non-404, other) (acres)
Temporary T
? Yes ? Corps
W1 ? P ? T ? No ? DWQ
2g. Total wetland impacts
2h. Comments: No Stream Impacts.
3. Stream Impacts Thousands of linear feet of stream, need tons of mitigation
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a. 3b. 3c. 3d. 3e. 3f. 3g.
Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact
number - (PER) or (Corps - 404, 10 stream length
Permanent (P) or intermittent DWQ - non-404, width (linear
Temporary (T) (INT)? other) (feet) feet)
? PER ? Corps
S1 ? P ? T ? INT ?DWQ
3h. Total stream and tributary impacts
3i. Comments:
4. Open Water Impacts No Open Water Impacts.
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individually list all open water impacts below.
4a. 4b. 4c. 4d. 4e.
Open water Name of waterbody
impact number - (if applicable) Type of impact Waterbody type Area of impact (acres)
Permanent (P) or
Temporary T
01 ?P?T
4f. Total open water impacts

4g. Comments: No Open Water Impacts.
5. Pond or Lake Construction No Pond or Lake Construction.
If and or lake construction proposed, then complete the chart below.
5a. 5b. 5c. 5d. 5e.
Wetland Impacts (acres) Stream Impacts (feet) Upland
Pond ID Proposed use or purpose (acres)
number of pond
Flooded
Filled
Excavated
Flooded
Filled
Excavated
Flooded
P1
5f. Total
5g. Comments: No Pond or Lake Construction.
Page 7 of 15
PCN Form - Version 1.3 December 10, 2008 Version
5h. Is a dam high hazard permit required?
? Yes No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If an impacts require mitigation, then you MUST fill out Section D of this form.
6a.
® Neuse ?Tar-Pamlico ? Other:
Project is in which protected basin? ? Catawba ? Randleman
6b. 6c. 6d. 6e. 6f. 6g.
Buffer impact
number - Reason for impact Buffer Zone 1 impact Zone 2 impact
Permanent (P) or Stream name mitigation (square feet) (square feet)
Temporary T required?
61 Permanent Rip-Rap/
Bank Stabilization
Ut to Little Creek F1 Yes
® No 422
5,422
B2 Permanent Clearing & Grading/ Ut to Little Creek ? Yes 3,615
Re-vegetated ® No
B3 ?P?T ?Yes
? No
6h. Total buffer impacts 5,422 3,615
6i. Comments:
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
These stream buffer impacts were conducted in an effort to stabilize the stream banks, but were never
authorized by NCDWQ. The pictures enclosed depict the rip-rap installed in an effort to curb erosion of the steep
banks and prevent sediment from reaching downstream waters. The rip-rap placed within the riparian buffer
zone, is the minimal amount needed to prevent current and further erosion in this area.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Walthom Group has hired Frank Brown of CFB Contracting, LLC, a local erosion control compliance and monitoring
specialist to keep track of records and reports since Walthom Group is the financial responsible party for the project.
Mr. Brown will ensure all current and future erosion and sediment control measures will be checked for stability
and operation following every runoff producing rainfall , but in no case less than once every week. Any needed
It::Paila VVIII be made immediately to maintaill all ineasuies designed. An ousion contiol inspections report is
required and will be kept by the owner's representative. Walthom Group will also be checking with Mr. Brown to
ensure currently and newly cleared areas are compliant with the erosion and sedimentation plan on file, have
properly implemented these erosion control measures, and that the sediment and erosion control measures for the
Cobblestone subdivision are properly maintained in the future.
Page 8 of 15
PCN Form -Version 1.3 December 10, 2008 Version
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State? ? Yes ® No
2b. If yes, mitigation is required by (check all that apply): ? DWQ ? Corps

2c.
If yes, which mitigation option will be used for this

pro
project? ? Mitigation bank

El Payment to in-lieu fee program

? Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter) Type Quantity
3c. Comments:
4. Complete if Making a Payment to In-lieu Fee Program
4a. Approval letter from in-lieu fee program is attached. ? Yes
4b. Stream mitigation requested: linear feet
4c. If using stream mitigation, stream temperature: ? warm ? cool ?cold
4d. Buffer mitigation requested (DWQ only): square feet
4e. Riparian wetland mitigation requested: acres
4f. Non-riparian wetland mitigation requested: acres
4g. Coastal (tidal) wetland mitigation requested: acres
4h. Comments:
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) - required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation? ? Yes ® No
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.

Zone 6c.
Reason for impact 6d.
Total impact
(square feet)
Multiplier 6e.
Required mitigation
(square feet)
Zone 1 3 (2 for Catawba)
Zone 2 1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund).
Page 9 of 15
PCN Form - Version 1.3 December 10, 2008 Version
6h. Comments:
Page 10 of 15
PCN Form - Version 1.3 December 10, 2008 Version
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1 a. Does the project include or is it adjacent to protected riparian buffers identified ® Yes ? No
within one of the NC Riparian Buffer Protection Rules?
1 b. If yes, then is a diffuse flow plan included? If no, explain why.
Comments: Diffuse flow plan was submitted in 2004 and approved with original
DWQ Project No. 04-0163 - Waiver of the 401 Water Quality Certification and
? Yes ® No
Neuse River Buffer Authorization Certificate; May 7, 2004 (enclosed). It should be
noted that there is a level-spreader at the rear of lot 314, just outside of the Neuse
Buffer of Stream A, and other locations throughout the project as part of the original
diffuse flow plan.
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project? 29%
2b. Does this project require a Stormwater Management Plan? ? Yes ? No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why: This project was previously approved
under General Certification (GC) 3404 and GC 3374, that were in effect in 2004, and did not require a formal stormwater
management plan nor structural BMPs.
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
? Certified Local Government
2e. Who will be responsible for the review of the Stormwater Management Plan? ? DWQ Stormwater Program
® DWQ 401 Unit
3. Certified Local Government Stormwater Review
3a. In which local government's jurisdiction is this project?
? Phase II
? NSW
3b. Which of the following locally-implemented stormwater management programs El USMP
apply (check all that apply): ? Water Supply Watershed
? Other:
3c. Has the approved Stormwater Management Plan with proof of approval been ? Yes ? No
attached?
4. DWQ Stormwater Program Review
? Coastal counties
? HQW
4a. Which of the following state-implemented stormwater management programs apply ? ORW
(check all that apply): ? Session Law 2006-246
? Other:
4b . Has the approved Stormwater Management Plan with proof of approval been
? Yes ? No
attached?
5. DWQ 401 Unit Stormwater Review
Page 11 of 15
PCN Form - Version 1.3 December 10, 2008 Version
5a. Does the Stormwater Management Plan meet the appropriate requirements? ® Yes ? No
5b. Have all of the 401 Unit submittal requirements been met? ® Yes ? No
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1 a. Does the project involve an expenditure of public (federal/state/local) funds or the ? Yes ® No
use of public (federal/state) land?
1 b. If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State ? Yes N No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1 c. If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
? Yes ? No
letter.)
Comments:
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ® Yes ? No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b. Is this an after-the-fact permit application? ® Yes ? No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
There were previously permitted 404/401 impacts of 132 linear feet total to what we are calling "Stream A",
an unnamed tributary to Little Creek. These impacts included a 54" RCP, with a dissipater length of 45
linear feet and 25 feet in width, as depicted in the Sanderson Engineering impact maps dated November 10,
2004 (enclosed).
However, unauthorized rip-rap, was also placed within the riparian buffer of "Stream A" upstream and
downstream of the culvert adjacent to the existing Averasboro Drive culvert at "Stream A", in an effort to
curb erosion. These impacts total approximately 3,000 square feet of Zone 1 impacts on the upstream side of
the culvert and approximately 2,400 square feet of Zone 1 impacts on the downstream side of the culvert at
Averasboro Drive. Portions of Zone 2, have been graded, re-vegetated, and are stable. The total impact
length is less than 150 linear feet and less than 1/3 acre of impacts.
These stream buffer impacts were conducted in an effort to stabilize the stream banks, but were never
authorized b NCDW . The pictures enclosed depict the rip-rap installed in an effort to curb erosion of the
steep banks and adjacent head cut. The Zone 1, buffer impacts are considered "allowable" with notification,
under the Neuse River Buffer Rules - Table of Uses.
Page 12 of 15
PCN Form - Version 1.3 December 10, 2008 Version
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in El Yes ® No
additional development, which could impact nearby downstream water quality?
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
The last phase of this project is under construction, and there are no other stream, wetland, and/or riparian buffer impacts
proposed now or in the future.
4. Sewage Disposal (DWQ Requirement)
4a. 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.
Wastewater from the proposed is being routed to the Town of Clayton's wastewater treatment facility which has plenty of
capacity for wastewater generated from the Cobblestone subdivision.
Page 13 of 15
PCN Form -Version 1.3 December 10, 2008 Version
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or ? Yes ® No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act ? Yes ® No
impacts?
El Raleigh
5c. If yes, indicate the USFWS Field Office you have contacted. ? Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
The U.S. Fish and Wildlife Serive web site (http://www.fws.gov/nc-es/es/countyfr.htmi) was accessed on March 21, 2011
to determine threatened and endangered species which may potential occur within Johnston County. Based on field
surveys coducted within the project area, it is believed threatened and endagered species and their habitat are not
present.
The North Carolina Natural Heritage Protection Virtual Workroom internet service (accessed March 21, 2011) does not
lists any federally protected species located within the project area.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat? ? Yes ® No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
The North Carolina Natural Heritage Protection Virtual Workroom internet service (accessed March 21, 2011) does not
lists any federally protected species located within the project area.
The Clean Water Management Trust Fund we site (http://216.237.216.18/cwmtfweb/default.aspx) was accessed on march
21, 2010 to determine whether the proposed project would impact Essential Fish Habitat (EFH) and it was determined that
EFH is not present within the proposed project study area.
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation ? Yes ® No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
review o the is o properties an districts in North Carolina entered in the National Register o Historic aces
(http://www.hpo.ncdcr.gov/nrlist.htm) for Johnston County did not reveal any listing within the proposed project study
area. It is believed the proposed project will not occur in or near an area that has been designated as having historic or
cultural preservation status by the state, federal, or tribal governments.
Page 14 of 15
PCN Form - Version 1.3 December 10, 2008 Version
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain? ? Yes ® No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination? The North Carolina Flood Insurance Rate Map (Map #
3720074500J; Effective Date May 2, 2006) was reviewed and it was determined that there are no 100-year floodplain and
floodway areas with the proposed residential development.

Kevin Yates, Senior Environmental
c

Scientist June 30, 2011

Applicant/Agent's Printed Name Applicant/Agent's gnature
(Agent's signature is valid only if an au rization letter from the applicant
is provided.)
Page 15 of 15
PCN Form - Version 1.3 December 10, 2008 Version
I I
EcoEngineering
A division of The John R. McAdams Company, Inc.
LETTER OF TRANSMITTAL
To: DWQ Central Office Date: July 11, 2011
Attn: Ms. Amy Chapman
DWQ 401 - Buffer Coordinator
512 N. Salisbury Street
Raleigh, NC 27604
Re: Neuse Buffer Auth. Application
Cobblestone s/d
I am sending you the following item(s):
REGULAR MAIL
Job No.: WLT-11000
COPIES DATE NO. DESCRIPTION
3 PCN Application and attachments

1 CD of application
These are transmitted as checked below:
? As requested
? For approval
® For review and comment
Remarks:
Please call with auestions at 919.361.5000.
THANKS!!!
Copy to:
? For your use

Signed:
" Kevin Yates
Senior Envir
FOR INTERNAL USE ONLY
? Copy Letter of Transmittal Only to File
® Copy Entire Document to File
2905 Meridian Parkway, Durham, North Carolina 27713
PO Box 14005, RTP, North Carolina 27709
ental Scientist
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Since 1979
THE JOHN R. McADA1VIS COMPANY, INC.
AGENT AUTHORIZATION FORM
All Blanks To Be Filled In By The Current Property Owner
Name: Walthom Group c/o Robert Bailey
Address: 442 %i East Main Street, Clayton, NC , 27520
Phone: [phone]
Project Name/Description: Cobblestone - Neuse Buffer
Project Number: WLT-11000 Project Manage
Date: 06/30/2011
ication, Clayton, NC
Kevin Yates
U.S. Army Corps of Engineers
Attn: Thomas Brown
Raleigh Regulatory Field Office
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587
Re: Wetlands Related Consulting and Permitting
To Whom It May Concern:
I, the current property owner, hereby designate and authorize The John R. McAdams Company,
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
;' day of June 2011.
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 The John R.
McAdams Company, Inc. staff. You should call The John R. McAdams Company, Inc. to
arrange a site meeting prior to visiting the site. ,y{
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NCDENR-DWQ
512 Salisbury Street (Archdale Building)
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C I V I L E N G I N E E R I N G . L A N D P L A N N I N G - S U R V E Y I N G
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RESEARCH TRIANGLE PARK, NC
M DATE: Februa? 2011
y P.0. BOX 140D5 ZIP 27709-4005
[phone]
PIC 1. Facing east at Averosboro Drive - Stream Crossing. Silt fence in place,
un-authorized rip-rap within buffer. (Figure 3 - Inset 1)

® PROJECT NO. WLT-11000 AftoEngineerin

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RESEARCH TRIAN
ATE: FebrUar
February 2011 , P.0. BOX 14005
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PIC 2
. Facing upstream side of Averosboro Stream Crossing. Un-authorized rip-rap
within Neuse Buffer and stream bed. Rip-rap within stream bed to be removed. (Figure
3 - Inset 1)

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PIC 3. Facing northeast at Averosboro Drive Stream crossing. Un-authorized rip-rap
within Neuse Buffer. After-the-fact Neuse Buffer Authorization being applied for. (Figure
3-Inset 1)
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RESEARCH TRIANGLE PARK, NC
? DATE:
February 2011 7 P.O. BOX 14005 ZIP 27709-4005
[phone]

Neuse Buffer. After-the-fact Neuse Buffer Authorization being applied for. (Figure 3 -
Inset 1)
ROJECT NO. WLT-11000 -
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CLAYTONNC
RESEARCH TRIANGLE PARK, NC
T.:
February 2011 P.O. BOX 14005 ZIP 27709-4005

Im
Q OF WA t-FRQG
r
4 'C
Michael F. Easley
Governor
William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
Alan W. tOknek, Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
May 7, 2004
DWQ Project No. 04-0163
Johnston County
Waithom Group
442 %z East Main Street
Clayton, NC 27520
Subject Property: Cobblestone Subdivision, Champion Street, Clayton, NC
Little Creek [03-04-02, 27-43-12, C NSW (nutrient sensitive)]
WAIVER of the 401 Water Quality Certification and Neuse River Buffer Authorization Certificate
To Whom It May Concern:
Your application for a 401 Water Quality Certification and Neuse River Buffer Authorization Certificate dated February 26,
2004 was received in the Wetlands/401 Unit of the Division of Water Quality (DWQ) on February 27, 2004. According to
our rules (15A NCAC 2H .0507(A) and 15A NCAC 2B.0233(8)), if final action is not taken within sixty (60) days, the 401
Certification and Neuse Buffer Authorization Certificate is waived unless DWQ has objected in writing to your application.
Therefore, DWQ has waived the requirement of written authorization for the use of 401 General Water Quality
Certification Number 3404 (GC3404) and 3374 (GC3374) and the buffer rules for your plans to impact 0.10 acres of
wetlands, 5 feet of perennial streams, 408 feet of intermittent streams and approximately 21.300 square feet (0.49 acres)
of buffers to construct three roads and a utility line at the subject property as described in your application. As such, the
stream and buffer Impacts are approved. However, please be aware that you must follow the plans as .described within
your application dated February 26, 2004 and all other conditions of GC3404, GC3374 and the Neuse River Buffer Rules,
including but not limited to diffuse flow per 15A NCAC 2B.0233(5). You must also obtain or otherwise comply with all
other required State, Federal and Local regulations, including but not limited to DWQ Standards (15A NCAC 02B .0100
and.0200).
Please note that if additional Impacts occur within the development beyond those requested within your application, this
waiver Is no longer valid and a new 401 Water Quality Certification and Authorization Certificate will be required. Also,
please note that the DWQ reserves the right to conduct a compliance review of your protect to ensure compliance with the
wetland and buffer rules. If you have any questions, please telephone Mr. Bob Zarzecki at [phone].
Sincerely,
Imek, P.E.,
Attachments: GC3404 & GC3374 *to rDWQ
cc:
bz
Steven S. Sanderson, Sanderson Engineering, PO Box 2016, Wendell, NC 27591
DWQ Raleigh Regional Office
USACE Raleigh Regulatory Field Office
File. copy
ftentrai Files
North Carolina Division of Water Quality, 401 Wellands Certification Unit,
1654 Mail Service Center, Raleigh, NC 27699-1650 (MdkV Address)
2321 Crabtree Blvd., Raleigh, NC 27604.2260 (location)
919-733-1786 (phone), 919-733-6893 (fax), hup:f t2o.enr.state.nc.us/ncwetlands/
U.S. ARMY CORPS OF ENGINEERS %.Aopy
WILMINGTON DISTRICT
Action ID: 200520154 200520155 County: Johnston
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner: Walthom Group
Attn: Rob Bailey
Mailing Address: 441/2 East Main Street
Clayton, North Carolina 27520
Authorized Agent: Sanderson Engineering
Attn: Steven Sanderson, P.E.
Mailing Address: P.O. Box 2016
Wendell, NC 27591
Telephone No.: [phone]
Telephone No.: [phone]
Location of property (road name/number, town, etc.): The Cobblestone subdivision is located off of Champion Street,
adjacent to Everett Avenue, approximately 1 mile south of its intersection with SR 1563, in Clayton, Johnston
County, North Carolina.
Site Coordinates: 35.6301 ON -78.4570 °W
Waterway: ut to Little Creek
USGS Quad: Clayton
River Basin: Neuse HUC: 03020201
Description of projects area and activity (see page 2 for a summary of authorized impacts): This permit authorizes the
installation of a roadway at stream crossings #3 and a waterline, associated with the development of the
Cobblestone subdivision, as depicted by plans received November 12, 2004.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
? Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Nationwide or Regional General Permit Number(s): 12 14
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions and your submitted plans. Any violation of the attached conditions or deviation from your submitted plans may subject the
permittee to a stop work order, a restoration order and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified,
suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or
modified, this verification will remain valid until the expiration date identified below, provided it complies with 'all requirements of
the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the
activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are
under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the
activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless
discretionary authority has been exercised on a case-by-case basis to modify, suspenJ or revoke the authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Quality (telephone [phone]) to determine Section 401 requirements.
. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA),
prior to beginning work you must contact the N.C. Division of Coastal Management.
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal,
State or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory
program, please contact Kevin Yates at tel one [phone], ext 30.
c
Corps Regulatory Official = Date: 12/22/2004 Verification Expiration Date: 12/22/2006
Copy Furnished:
Page 1 of 2
Determination of Jurisdiction:
Based on preliminary information, there appear to be waters of the US including wetlands within the above described project area.
This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process
(Reference 33 CFR Part 331).
? There are Navigable Waters of the United State's within the above described project area subject to the permit requirements of
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
? There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of Section
404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this
determination may be relied upon fora period not to exceed five years from the date of this notification.
® The jurisdictional areas within the above described project area have been identified under a previous action. Please reference the
jurisdictional determination issued on 09/13/2004 (Action ID: 200420539.).
Basis of Jurisdictional Determination: This site exhibits wetland criteria as described in the 1987 Corps Wetland Delineation
Manuel and is part of a broad continuum of wetlands connected to Little Creek, a tributary of the Neuse River, adjacent to
Pamlico Sound. This waterbody exhibits an ordinary High water mark as indicated by changes in soil character and absence
of terrestrial vegetation and is hydrologically connected to Little Creek, a tributary of the Neuse River, adjacent to Pamlico
Sound.
Corps Regulatory Official Date: 12122/2004 Determination Expiration Date: 10/20/2006
Summarv of Authorized Impacts and Required Mititsation
Action ID NWP / GP Open Water (ac) Wetland (ac) Unim ortant Steam (if) Important Stream (If)
# # Temporary Permanent Temporary Permanent Temporary Permanent Temporary Permanent
200520154 12 0.01 9
200520155 14 0.03 137

Impact Totals 0 0 0.01 0.03 0 0 9 137
Total Loss of Waters of the U.S. ac 0.03 Total Loss of Waters of the U.S. I 137
Required Wetland Mitigation (ac) 0 Required Stream Mitigation (If) 1000 Protection
Additional Remarks and/or Special Permit Conditions:
r.
* SEE ATTACHED SPECIAL CONDITION *
Page 2 of 2
Action ID: 200520154, 200520155 County: Johnston
SPECIAL PERMIT CONDITION
1) Restrictive Covenants
Permittee shall execute and cause to be recorded in the Johnston County Register of
Deeds restrictive covenants acceptable to the Corps of Engineers for the purpose of
maintaining the "Conservation Area", as shown on the recorded plat labeled:
"Cobblestone subdivision, Clayton, NC" for Cobblestone subdivision, dated November
10, 2004, in their natural state in perpetuity, prior to the sale or conveyance of any lots or
other property within the new phase. The permittee shall enforce the terms of the
restrictive covenants and, prior to conveyance of the property, shall take no action on the
property described. in the covenants inconsistent with the terms thereof. The permittee
shall provide a copy of the recorded restrictive covenants to the Corps of Engineers
within 15 days of recording.

SCALE 1"=50'
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SANDERSON
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Lmd RIPARIAN CROSSING #3
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Sp UT
802 SF (0.018 AC.)
ZONE 2 IMPACT
(CLEARED & VEGETATED)
1203 SF (0.028 AC.)----
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ZONE 1 IMPACT
EXISTING TOP
OF BANKS
FUTURI o
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ZONE 2 IMPACT
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I ` 1508 SF (0.035 AC.)
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