20110775 Ver 1_Emails_20110819

Dennison, Laurie
From: Hardison, Lyn
Sent: Friday, August 19, 2011 9:58 AM
To: Dennison, Laurie
Subject: Express application attached
Attachments: Express 401 Application - Abby Garden.pdf
Hi Laurie,
Hope you are well and have a good summer.
We accepted an express 401 application into review dated today. Could you enter this project into BIMS for us and let
me know what the project # will be so that I can enter the fee. A complete copy of the application and plans will be put
into the courier today for your files.
Thanks for your help!!!!
Lyn
PLEASE NOTE MY E-MAIL ADDRESS HAS CHANGED TO: [e-mail]
Lyn Hardison
Environmental Assistance Coordinator
NCDENR Division of Environmental Assistance & Outreach (DEAD)
Customer Service - Home
Washington Regional Office
943 Washington Square Mall
Washington, NC 27889
Phone: [phone]
Fax: [phone]
Please consider the environment be{ore printing this e-mail.
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties.
EXPRESS Lxp k? - D S
?oF wArF9p AUG 19 2011 Office Use Only-
9-0 Corps action ID no.
° NC DENR DWQ project no.
Form Version 1.3 Dec 10 2008
Pre-Construction Notification PC Form
A. Applicant Information
1. Processing
1 a. Type(s) of approval sought from the
Corps:
®Section 404 Permit El Section 10 Permit
1 b. Specify Nationwide Permit (NWP) num r: NWP 18 or General Permit (GP) number:
1c. Has the NWP or GP number been verified by a Corps? ? Yes No
Id. 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 '
le. Is this notification solely for the record
because written approval is not required? For the record only for DWQ 401
Certification:
? Yes ® 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
1g. 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: Abby Gardens Multifamily Residential Development
2b. County: Lenoir
2c. Nearest municipality / town: Kinston
2d. Subdivision name: Abby Gardens Multifamily Residential Development
2e. NCDOT only, T.I.P. or state
project no: N/A
3. Owner Information
3a. Name(s) on Recorded Deed: Abby Gardens, LLC
3b. Deed Book and Page No. DB 1634 Pg.370- .3
3c. Responsible Party (for LLC if
applicable):
Frankie Pendergraph
3d. Street address: 3924 Browning Place, Suite 1
3e. City, state, zip: Raleigh, NC 27609
3f. Telephone no.: 919-755-0558
3g. Fax no.: 919-861-6068
3h. Email address: [e-mail]
Page 1 of 11
PCN Form - Version 1.3 December 10, 2008 Version
4. Applicant Information (if different from owner)
4a. Applicant is: ? Agent ? Other, specify:
4b. Name:
4c. Business name
(if applicable):
4d. Street address:
4e. City, state, zip:
4f. Telephone no.:
4g. Fax no.:
4h. Email address:
5. Agent/Consultant Information (if applicable)
5a. Name: Frederic D. Rash
5b. Business name
(if applicable): The Wooten Company
5c. Street address: 120 North Boylan Avenue
5d. City, state, zip: Raleigh, NC 27603-1423
5e. Telephone no.: 919-828-0531
5f. Fax no.: 919-834-3589
5g. Email address: [e-mail]
Page 2 of 11
PCN Form - Version 1.3 December 10, 2008 Version
B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID): 450504548601
1 b. Site coordinates (in decimal degrees): Latitude: 35.2717 Longitude: - 77.64
(DD.DDDDDD) (-DD.DDDDDD)
1c. Property size: 9.37 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to Unnamed tributary of Neuse River
proposed project:
2b. Water Quality Classification of nearest receiving water. C; Sw; NSW
2c. River basin: Neuse
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:
See Attached narrative contained in Stormwater Management Report prepared for the project.
3b. List the total estimated acreage of all existing wetlands on the property:
0
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
0 - No Stream exists on the property, however a stream adjacent to the subject property in a City of Kinston Stormwater
Drainage Easement will be impacted for the purpose of bank and channel stabilization.
3d. Explain the purpose of the proposed project:
Multi-family Residential Development funded through NC Low Income Housing Tax Credit.
3e. Describe the overall project in detail, including the type of equipment to be used:
Specifically, the proposed stream and riparian buffer impacts are for provision of sewer service to the development and
discharge of treated stormwater from the engineered wetlands necessary to comply with City of Kinston's Neuse
Stormwater Management Program. 27 Cubic Yards of Class B Rip Rap will be placed into the stream channel used for
energy dissipater of the storm drainage outfall of treated runoff from the on-site BMP.
4. Jurisdictional Determinations
49. 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 ? Final
of determination was made?
4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: Consultant
Name (if known): Environmental Services, Inc. Other: (See attached correspondence from consultant)
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
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.
Page 3 of 11
PCN Form - Version 1.3 December 10, 2008 Version
6. Future Project Plans
6a. Is this a phased project? ? Yes ® No
6b. If yes, explain.
Page 4 of 11
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
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
W1 ? P ? T ? Yes ? Corps
? No ? DWQ
W2 ? P ? T ? Yes ? Corps
? No ? DWQ
W3 ? P ? T ? Yes ? Corps
? No ? DWQ
W4 ? P ? T ? Yes ? Corps
? No ? DWQ
W5 ? P ? T ? Yes ? Corps
? No ? DWQ
W6 ? P ? T ? Yes ? Corps
? No ? DWQ
2g. Total wetland impacts
2h. Comments:
3. Stream Impacts
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)
S1 ®P ? T Energy Dissipater UT of Neuse ® PER
? INT ® Corps
® DWQ -20 40
S2 ? P ? T ? PER ? Corps
? INT ? DWQ
S3 ? P ? T ? PER ? Corps
? INT ? DWQ
S4 ? P ? T ? PER ? Corps
? INT ? DWQ
S5 ? P ? T ? PER ? Corps
? INT ? DWQ
S6 ? P ? T ? PER ? Corps
? INT ? DWQ
A. Total stream and tributary impacts 40
3i. Comments:
Page 5 of 11
PCN Form - Version 1.3 December 10, 2008 Version
4. 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
impact number - Name of waterbody
(if applicable)
Type of impact
Waterbody type
Area of impact (acres)
Permanent (P) or
Tem ora T

01 ?P?T
02 ?P?T
03 ?P?T
04 ?P?T
4f. Total open water impacts

4g. Comments:

5. 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
P2
5f. Total
5g. Comments:

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
Buffer
Zone 1 impact
Zone 2 impact
Permanent (P) or for Stream name mitigation (square feet) (square feet)
Temporary T impact re uired?
B1 ®P ? T Storm l
Outfal UT of Neuse ® Nos 709 472
B2 ®P ? T Sewer UT of Neuse ® Nos 604 402
?Yes
B3 ?P?T ? No
6h. Total buffer impacts 1313 874
6i. Comments:
Page 6 of 11
PCN Form - Version 1.3 December 10, 2008 Version
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
Discharge of stormwater outside of the buffer to achieve a diffuse flow would require a signficant of earthen fill media to raise
site finished grades. It is not cost effective to raise site grades sufficient to achieve drainage. Piped discharge of stormwater is
designed to have the shortest practical route through the buffer to minimize impacts. There is not alternative for discharge of
sewer at the site other than connection to the existing 15-inch City of Kinston Sewer outfall. As this 15-inch oufall exists within
the riparian buffer, impacts are unavoidable; however, a doghouse manhole is proposed to shorten the alignment of sewer
uility through the buffer to maximum extent practical.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Proper Erosion Control techniques, seeding easements immediately after construction, and scheduling installation of utility
and doghouse manhole during periods of lower stream flow (little or no precipitation) to the extent practical.
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
project? ? Mitigation bank
? 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
F5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 7 of 11
PCN Form - Version 1.3 December 10, 2008 Version
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).
6h. Comments:
Page 8 of 11
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: See remarks in avoidance and minimization section (above). Majority of
stormwater runoff from the site is collected and treated in an engineered wetlands. ® Yes ? No
Treated stormwater is discharged at a low rate of flow -via piped flow through
through the riparian buffer into the stream channel onto rip rap energy dissipater
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project? 30.8%
2b. Does this project require a Stormwater Management Plan? ® Yes ? No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why:
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
See Attached narrative contaned in Stormwater Management Report for the project. City of Kinston is the Authority
Having Jurisdiction for review and approval of the Storm Water Management 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? Kinston
? Phase II
3b. Which of the following locally-implemented stormwater management programs ® NSW
? 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

4a. Which of the following state-implemented stormwater management programs apply ? HQW
? ORW
(check all that apply):
? Session Law 2006-246
? Other:
4b. Has the approved Stormwater Management Plan with proof of approval been
attached? ? Yes ? No
5. DWQ 401 Unit Stormwater Review
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
Page 9 of 11
PCN Form - Version 1.3 December 10, 2008 Version
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 ® 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
letter.) ? Yes ? No
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):
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in ? 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.
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.
Kinston Public Sanitary sewer will be extended into the site. The sewer will connect and discharge into an existing 15-inch
city of Kinston Sewer Outfall located adjacent to the site. The City of Kinston has adequate capacity to accept the wastewater
flows anticpipated from the project site.
Page 10 of 11
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?
® 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?
USFWS - see attached correspondence
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?
USFWS - see attached correspondence
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?
NC Department of Cultural Resources, State Historic Presservation Office - see attached correspondence.
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: the only component of the development proposed inside of the
FEMA 100-year floodplain is the low-flow storm drainage pipe discharging runoff treated through the engineered
wetlands. No insurable structures or fill is being proposed within the FEMA designated flood plain.
8c. What source(s) did you use to make the floodplain determination? Signed, sealed topograpic Survey provided by Bartlett
Engineering and Surveying, PC

Frederic D. Rash 8/10/11
Applicant/Agent's Printed Name icant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant
is provide _
Page 11 of 11
PCN Form - Version 1.3 December 10, 2008 Version
Project: Abby Gardens Multi-Family Residential Development
AGENT AUTHORIZATION FORM
PROPERTY LEGAL DESCRIPTION:
LOT No. PLAN NO. PARCEL ID: PIN: 450504548601
STREET ADDRESS: Deed Book: 1634, Pg 370-373
Please print: Abby Gardens, LLC
Property Owner: y
Property Owner:
The undersigned, registered property owners of the above noted property, do hereby authorize
Frederic D. Rash
(Contractor / Agent)
of The Wooten Company
(Name of consulting firm)
to act on my behalf and take all actions necessary for the processing, issuance and acceptance of
this permit or certification and any and all standard and special conditions attached.
Property Owner's Address (if different than property above):
3924 Browning Place, Suite 1, Raleigh, NC 27609
Telephone: [phone]
We hereby certify the above information submitted in this application is true and accurate to the
best of our knowledge.
Date: 2 zG _&
Date:

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