20050949 Ver 1_401 Application_20050617

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F I L E i'7 [3,,' P V
May 19, 2005
Mr. Todd Tugwell, Regulatory Field Officer
Raleigh Regulatory Field Office
U.S. Army Corps of Engineers
6508 Falls of the Neuse Road, Suite 120
Raleigh, NC 27615
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JUN 1 7 2005
DENR - WATER QUALITY
WETLANDS AND STORMWATER BRANCH
Subject: Preconstruction Notification Application for Nationwide
Permit 39,(or 18) and 27, for lots 18 and 19 of Partners
Equity Group Subdivision, Industrial Park Road(SR 2398),
Smithfield, Johnston County.
Dear Mr. Tugwell:
Enclosed is the subject Preconstruction Notification (PCN) application
with the attendant maps and documentation required to initiate review of
the subject property for issuance of Nationwide 39, Residential,
Commercial and Institutional Developments (NWP 39). The proposed
project will impact 1.9 acres of non-riverine wetlands located on lots
18 and'19 of the Partners Equity Group subdivision. Once a prospective
buyer submits a detailed site plan, every effort will be made to avoid
and minimize impacts to the existing wetland. Conceptual mitigation is
also proposed for on-site, off-s.ite or provided via the Ecosystem
Enhancement Program (EEP) with payment of in-lieu fees. An appendix of
maps and other documentation is also included with this cover letter and
PCN application.
By copy of this letter we also submit this PCN application to the
Division of Water Quality (DWQ) for review and certification under Water
Quality General Certification #3402., for Residential, Commercial and
institutional Developments. We have included two paper copies for each
agency office as well as an electronic copy on diskette/CD.
The subject property is located on the west side of SR 2398, Industrial
Park Road, approximately 0.5 miles north of NC Highway 70 Business, near
Exit 95 on Interstate 95, near Smithfield and in Johnston county. The
site is located above the headwaters of unnamed tributaries to Polecat
Branch and Buffalo Creek. The subject lots are located adjacent to SR
2398 and to South Equity Drive. The total acreage of the entire
subdivision was 44.5 acres, with lot 18 consisting of 1.152 acres and
lot 19 consisting of 1.498 acres.
The subdivision was initially issued a NWP 14 (Action ID#19940569), a
NWP 26 (Action ID# 199708043, a DWQ Water Quality General Certification
(WQC# 3108, DWQ Project # 970656), a Storm Water Management Plan
Approval by the DWQ (Project # 970656) and the Erosion and Sediment
Control Plan approval by Division of Land Quality (DLQ) in 1999. These
permits were issued in the same subdivision for lots 9,10, 11, 12 and 17
only. Those lots were subsequently sold and developed. A condition that
the remaining wetland area be replanted was met.
The subject wetland is a non-riverine wet flat with hydric soils mapped
as Grantham and Raines. Hydrophytic plants and indicators of wetland
hydrology are present although past mechanical clearing has impacted the
vegetation. The diversion of surface water to the storm water detention
basin does not appear to have removed wetland hydrology from the site.
The wetland area is located on an interstream divide, with some portion
of surface water runoff flowing south to Polecat Branch and some north
towards Buffalo Creek. Very little surface water is processed by the
wetland, as it sits on a level divide between two drainage systems.
Minimal habitat functions are provided for wildlife and minimal value
can be assigned to this wetland in terms of its location and
characteristics. It is our opinion that water quality protection and
treatment, storm water retention and even habitat functions could be
accomplished more effectively by properly designed wetland detention
basins, rain gardens, or off-site restoration or creation of wetland or
stream systems down stream of the proposed development.
The conceptual mitigation for this site could be designed on the amount
of storm water actually processed by the existing wetland, or by the
acreage replacement at the appropriate ratio. If permit conditions
required a certain amount of wetland acreage to be created or restored
off-site, several landowners have been contacted for potential purchase
or easements along Polecat Branch, at some distance south of the site.
Alternatively, storm water detention and treatment would have direct
water quality benefits for the runoff from the surrounding developments
to Buffalo Creek, to the north of the site.
We would like to request that a permit be issued with the condition that
the final site plan and mitigation plan be approved prior to
construction. While the sale of these lots is.dependent upon the
issuance of the NWP, specific site plans have not yet been developed.
Preliminary engineering could present options for storm water treatment
or wetland creation or restoration, but until actual total runoff and
site layout is known, it is difficult to design specific and detailed
plans for the mitigation.
We are aware that in 1997, issues of minimization and avoidance were not
addressed to the satisfaction of the Corps of Engineers. Nevertheless, a
permit was issued for the upland areas of the proposed subdivision.
Since Industrial Park Road was already in existence when the subdivision
was planned, and NCDOT and the city of Smithfield specified the location
and configuration of both North and South Equity Drive, the wetland

location along a significant amount of prime road frontage could not be
avoided. Total avoidance of the wetland along prime road frontage poses
a significant loss of value to the owners of the property. A recent
aerial photograph (April 12, 2005) shows that there are no remaining
undeveloped properties that have the unique advantage of road frontage
along SR 2398 or Industrial Park Drive. The entire area, and thus the
subject lots, is uniquely suited for retail development due to the
proximity to I-95 and to the existing outlet mall. A huge financial
opportunity would be lost if these lots could not be approved for
development, in order to preserve a marginally functional wetland area.
Please review the enclosed application and provide a response as quickly
as possible. If you have any questions or need any additional
information, do not hesitate to contact Ms. Robin Little at (919) 418-
7645 or Mr. John Shalcross, Jr. at [phone]. We look forward to a
timely and productive resolution to this matter.
Sincerely,
Cc: Ms. Cyndi Karoly, DWQ
T

Office Use Only: Form Version May 2002
USACE Action ID No. DWQ No. O 5 o q +9
(If any particular item is not applicable to this project, please enter "Not Applicable" or "NW%)
1. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ® Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: 18.27. 39
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete
section VIII and check here:
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management f
Environmental Concern (see the top of page 2 for further details), c
D
H. Applicant Information ,UN 1 2005
1. Owner/Applicant Information t)ENRpsSkpfERBRnr?cH
Name: Mr. John Shallcross. Jr.uwps
Mailing Address: Partner's Equity Group
PO Box 1089
Smithfield, NC 27577
Telephone Number: 919-934-3852/369-5091 Fax Number:
E-mail Address:
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Ms. Robin M. Little
Company Affiliation:
Mailing Address: 5409 New Rebel Court
Youngsville. NC 27596-8856
Telephone Number: [phone] Fax Number.
E-mail Address: terrafirma165 ftMcom
Page 5 of 13
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Partners Equity Group subdivision
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): lot 18 = 2604-10-8014, lot 19 = 2603-19-8739
4. Location
County: Johnston Nearest Town: Smithfield
Subdivision name (include phase/lot number): Partners Equity Group
Directions to site (include road numbers, landmarks, etc.): 195 to HM 70 (Exit 95) to right
onto Industrial Park Drive (SR 2398). Prop is on left just past Texas Steakhouse, approx.
0.1 miles on left.
5. Site coordinates, if available (UTM or Lat/Long): UTM 17 742908E 3932493N
(NAD83) or 35 30' 23"N, 78 19' 1811W (WGS84/NAD83)
6. `(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the coordinates for
each crossing of a distinct waterbody.)
7. Property size (acres): 44.4 acres total, subject propertyapprox. 5.316 acres
8. Nearest body of water (streamInver/sound/ocean/lake): Polecat Branch/Buffalo Creek
9. River Basin: Neuse
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
10. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: General land use in immediate vicinity is commercial/retail
(Approximately 60•/o impervious surface.) Project area is currently undeveloped and
vegetated with Grass, briars, planted tree saplings, and several mature trees. Site is partially
drained by storm water ditches, and is surrounded by asphalt parking lots and roadway
Page 6 of 13
11. Describe the overall project in detail, including the type of equipment to be used: Develop
subject property for retail or commercial use, including protection of p=g!y storm
water drainage to storm water pond, north of the site. Property will be graded, filled or
drained to allow construction of proposed commercial buildings. vy equipment such as
grader, excavator and backhoe will used. Large retail buildings or hotels are planned.
Existing storm water drainage to be upgraded with wetland detention cells and appropriate
vegetation in order to protect surface water quality.
12. Explain the purpose of the proposed work: Develop property for construction of retail or
commercial facilities.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
July 15, 1994 NWP 14 issued, Action ID 199400569
September 4,1997 401 WOC #3108 issued, DWQ Project # 970656
September 9. 1997 NWP 26 issued Action ID 199708043 for lots 9. 10, 11.12 and 17.
February 11,1998 Storm water Management Plan Approval, DWO # 970656
April 14,1999 Erosion and Sediment Control Plan approved by DLO
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
RmgWng undeveloped lots to be develoyed with mtail/commercial buildings. No undeveloped
lots will remain after this application.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
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
Page 7 of 13
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: In 1997, 2.39 acres of wetlands
were delineated and signed off by the USACE. In 1998, the wetland area was reduced to 1.9
acres with conditions pertaining to the expansion of storm water ponds. Remaining 1.9 acres
of non-riverine groundwater driven wetland area will be filled, and compensation will be
provided either on-site by the creation of additional wetland detention cells, or storm water
treatment, ofd site by restoration or creation of wetlands, and/or by pW ent of in-lieu fees to
EEP. The e ' 1.9 acres of headwater wetlands have a hydrologic connection via ditches
to a man-made storm water detention pond The wetlands have limited habitat functions, very
limited flood water storage or detention capabilities and little or no water quality impacts..
2. Individually list wetland impacts below:
Wetland
Impact Area of Located within
Site Type of Impact* spas) 100-year Distance to Nearest Type of
Number O Floodplain** Stream (linear feet) Wetland***
(indicate on (yes/no)
map)
Clearing and
e
rive
A grubbing,excavation and or 1.9 No 2500
flat
wet flat
w
fill

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing grading, fill,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-%16, or
online at ham://www.femagov.
*** List a wetland type that best describes wetland to be impacted (eg., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property: 1.9 acres
Total area of wetland impact proposed: 1.9 acres
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact
Site Number
indicate on map)
Type of Impact* Length of
Impact
(linear feet
Stream Name** Average Width
of Stream
Before Impact Perennial or
intermittent?
lease specify)
NA

Page 8 of 13
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.usgs.gov. Several intemet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.mapguest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 0
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:
Open Water Impact
Site Number
indicate on map)
Type of Impact* Area of
Impact
acres Name of Waterbody
( applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.

• List each impact separately and identify temporary impacts. impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc. 11
5. 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.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Size of watershed draining. to pond: 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 alterative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
The location of the existingywetlands cannot be avoided without substantial financial loss. Thev
are located near to the existin_„g road frontage and these lots are the last undeveloped property
with road frontage on Industrial Park Drive. Minimization and avoidance are not practicable due
Page 9 of 13
to the location of the wetland area relative to the existing road frontage. The existing
water drainage system can be improved by the addition of wetland detention cells to replace
existing wetland functions.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide .
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource fimctions 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
htty://h2o.enr.state.nc.us/ncwetlands/strmgide.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
The proposed mitigation concept is two-fold : one approach would be to add wetland
detention cells within the existing storm water detention svstem. Additionally, restoration or
creation of wetland systems between the subject site and Polecat Branch could protect
Polecat Branch from runoff from existing and proposed commercial development.through
installation of state of the art wetland detention basins rain gardens, and storm water
treatment systems for the entire development. The fimctional gain from the proposed
mitigation could exceed the fimctional losses from the loss of the existing wetland area.
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP.at
Page 10 of 13
[phone] to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at http://h2o.enr.state.ne.us/wry/index.htm. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres): 1.9
Amount of Coastal wetland mitigation requested (acres):
VL Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes El No
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No ?
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
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 I 1 of 13
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. Required
Zone* s oImpact gre feet Multiplier Mitigation
1 0 3 0
2 0 1.5 0
Total 0 0
* 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.
i buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or.0260.
XI. Stormwater (required by DWQ)
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.
Existine storm water detention basin amoved and installed in 1998.. Existing impervious
surface estimated to be greater than 40%, proposed on lot 18 and 19 is estimated to be 60%.
Permeable pavers and additional wetland detention basins and rain gardens will be incorporated
into site desig.,nExistina storm water detention basin can be improved by addition of vegetation
in feeder ditches and other devices.
XII. Sewage Disposal (required by DWQ)
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.
Public sewer is available.
XUL Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or. any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application?
Yes ? No
Page 12 of 13
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
lpplicant/Agent's Signature ` . Date
signature is valid only if an authorization letter from the applicant is provided.)
Page 13 of 13
APPENDIX
EXHIBIT A: USGS TOPO MAP, SELMA QUAD
EXHIBIT B: USDA NRCS SOIL SURVEY, SHEET 7
EXHIBIT C: AERIAL PHOTOGRAPH, APRIL 5, 2005
EXHIBIT D: PROPERTY SURVEY, NOT TO SCALE
EXHIBIT E: CONCEPTUAL DEVELOPMENT PLAN, TO SCALE
EXHIBIT F: DRAINAGE PATTERN MAP
EXHIBIT G: REVISED WETLAND DELINEATION, NOT TO SCALE
EXHIBIT H: REVISED WETLAND DELINEATION, TO SCALE
EXHIBIT I: PREVIOUS PERMIT DOCUMENTATION

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IN REPLY REFER TO
Regulatory Branch
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
July 15 , 1994
Action ID No. 199400569 and Nationwide Permit No. 14 (Road Crossing)
Mr. Jason Shallcross
Partners Equity Group p
Post Office Box 1089
Smithfield, Forth Carolina 27577
Dear Mr. Shallcross:
- Reference your application of. June 10, 1994, for Department of the Army
(DA) authorization to discharge fill material into 0.33 acre of wetlands
associated with the construction of a minor road crossing for your proposed
industrial park. Specifically, the property consists of 45 acres, on the west
side of S.R. 2398, approximately 1/2 mile north of U.S. Highway 70 Business,
adjacent and above the headwaters of an unnamed tributary to the Neuse River,
east of Smithfield, Johnston County, North Carolina.
For the purposes of the Corps of Engineers' Regulatory Program, Title
33, Code of Federal Regulations (CFR), Part 330.6, published in the Federal
Register on November 22, 1991, lists nationwide permits. Authorization,
pursuant to Section 10 of the Rivers and Harbors Act of 1899 and Section 404
of the Clean Water Act, was provided for fills for roads crossing waters of
the United States (including wetlands and other special aquatic sites)
provided:
a. The width of the fill is limited to the minimum necessary for the
actual crossing;
b. The fill placed in waters of the United States is limited to a
filled area of no more than one-third acre. Furthermore, no more than a total
of 200 linear feet of the fill for the roadway can occur in special aquatic
sites, including wetlands;
C. The crossing is culverted, bridged or otherwise designed to prevent
the restriction of, and to withstand, expected highflows and the movement of
aquatic organisms;
d. The crossing, including all attendant features, both temporary and
permanent, is part of a single and complete project for crossing of a water. of
the United States; and
e. For fills in special aquatic sites, including wetlands, the
permittee notifies the District Engineer (DE) in accordance with the
"Notification" general condition.
Your proposed work is authorized by this nationwide permit provided it
is accomplished in strict accordance with the enclosed conditions. This
nationwide permit does not relieve you of the responsibility to obtain other
required State or local approval.
This verification will be valid for two years from the date of this
letter unless the nationwide authorization is modified, reissued or revoked.
Also, this verification will remain valid for the two years if, during that
period, the nationwide permit authorization is reissued without modification
or the activity complies with any subsequent modification of the nationwide
permit authorization. If. during the two years, the nationwide permit
EXHIBIT I: PREVIOUS PERMIT DOCUMENTATION

-2-
authorization expires or is suspended or 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, suspend or revoke the authorization.
Questions or comments may be addressed to Mrs. Jean B. Manuele, Raleigh
Field office, telephone [phone], Extension 24.
Sincerely,
e Wrigh
echie , Regulat y Branch
Enclosure
Copies Furnished.(without enclosure):
Mr. John Dorney
Water Quality Section
Division of Environmental Management
North Carolina Department of
Emrironment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. F. Wade Eason .
SELCO Construction, Inc.
Route 2, Box 426-D
Smithfield, North Carolina 27577
Mr. Joe Godwin
Godwin-Jordan & Associates, P.A.
Post Office 249
Dunn, North Carolina 28335
Mr. Neal C. Floyd
Neal C. Floyd & Associates
8108 Brentwood Place
Raleigh, North Carolina 27615
Mr. Jeff Coutu
Planning Director
Johnston County Planning and
Inspections Department
Post Office Box 1052
Smithfield, North Carolina 27577-4194
GENERAL CONDITIONS
1. Navigation.
navigation.
No activity may cause more than a minimal adverse effect on
2. Proper Maintenance. Any structure or fill authorized shall be
maintained, including maintenance to ensure public safety. Properly
3.- Erosion and Siltation Controls. Appropriate erosion and siltation controls
must be used and maintained in effective operating condition during
construction, and all exposed soil and other fills must be permanently
-stabilized at the earliest practicable date:
4. Aquatic Life Movements. No activity may of those species-of aquatic life indigenos tosthet aterbo y,diinsrupt the
cluding movement
species which normally migrate through the area, unless the activity's those
purpose is to impound water. primary
S• Equipment. Heavy equipment working in wetlands must be placed on mats or
other measures must be taken to minimize soil disturbance.
6. Regional and Case-by-case Conditions. The activity must comply with any
regional conditions which may have been added by the Division Engineer and any
case specific conditions added by the Corps.
7. Wild and Scenic Rivers. No activity may occur in a component of the
National Wild and Scenic River System; or in a river officially desi
Congress as a "study river" for possible inclusion in the system, whilettheby
river is in an official study status. Information on Wild and Scenic Rivers may
be obtained from the National Park Service and the U.S. Forest Service.
8. Tribal Rights. No activity or its operation may impair reserved tribal
rights, including, but not limited to, reserved water rights and treaty fishing
and hunting rights.
9. Hater Quality Certification. In certain states, an individual state water
quality certification must be obtained or waived.
10. Coastal Zone Management, In certain states, an individual state coastal
zone management consistency concurrence must be-obtained or waived.
11. Endangered Species. No activity is authorized under any NWP which is
likely to jeopardize the continued existence of a threatened or
species or a species proposed for such desi
li endangered
Federal :?dangered Species Act, or which is likely tosdestroyfor adverselye
modify the critical habitat of such species. Non-Federal permittees shall
notify affected
the District Engineer if any listed species or critical habitat might be is in activity until notified vicinity of
and shall not b
isthe project
that the requirements work o the
of f
CL7-GCWH -
-2-
the Endangered Species Act have been satisfied and that the activity is
authorized. Information on the location of threatened and endangered species
can be obtained from the U.S. Fish and Wildlife Service and National Marine
Fisheries Service.
12. Historic Properties. No activity which may affect Historic Properties
listed, or eligible for listing, in the National Register of Historic Places is
authorized, until the District Engineer has complied with the provisions of 33
CFR 325, Appendix C. The prospective permittee must notify the District
.Engineer if the authorized activity may affect any historic ies
determined to be eligible, or which the prospective permitteerhaszreasonltoed,
believe may be eligible for listing on the National Register of Historic Places,
and shall not begin the activity until notified-by the District Engineer that
the requirements of the National Historic Preservation Act have been satisfied
and that the activity-is authorized. Information on the location and existence
of historic resources can be obtained from the State Historic Preservation
Office and the National Register of Historic Places (see 33 CFR 330.4(g))..
13. Notification.
a- Where required by the terms of the NWP, the,prospective permittee must
notify the District Engineer as early as possible and shall not begin the
activity:
(1) until notified by the District Engineer that the activity may proceed
under the NWP with any special conditions imposed by the District or Division
Engineer; of
(2) if notified by the District or Division Engineer that an individual
permit is required; or
(3) Unless 30 days have passed from the District Engineer's receipt of the
notification and the prospective permittee has not received notice from the
District or Division Engineer. Subsequently, the permittee's right to proceed.
under the NWP may be modified, suspended or revoked only in accordance with the
procedure set forth ini'33 CPR 330.5(d) (2).
b. The notification must be in writing and include the following
information and'any required fees:
(1) Name, address and telephone number of the prospective permittee;
(Z) Location of the proposed project;
-3-
(3) Brief description of the proposed project; the project's u
other NWP s p purpose;
direct and indirect adverse environmental effects the project would cause; any
intended to)be usednto al - authorizeeany individual ermit (s) proed Project used
activity; Pos or rel
elated
(4) Where required by the terms of the NWP, a delineation of affected
special aquatic sites, including wetlands; and
(5) A statement that the prospective permittee has contacted;
(a) The USFWS/NMFS regarding. the presence of any Federally listed (or
proposed for listing) endangered or threatened species or critical habitat in
the permit area that may be affected b
information provided by y the proposed project; and any available
Corps District Offices for those agencies. (The prospective permittee may contact
habitat.) /'S agency contacts and list of critical
(b) The SHPO regarding the presence of any historic properties in the
permit area that may be affected by the proposed project; and the available
information, if any provided by that agency.
14. Water Supply Intakes. No discharge of dredged or fill material may occur
in the proximity of a public water supply intake except where the discharge is`
repair of the public water supply intake structures or adjacent bank
stabilization.
15. Shellfish Production. No discharge•of dredged or fill material may occur
iinlaattrastoo aconcentrat harvestfact production,
unless the discharge is directly
re shellfish Y authorized by nationwide permit.
16 - Suitable Material. No discharge of dredged or fill material may consist of
unsuitable material (e.g., trash, debris, car bodies, etc.
discharged must be free from toxic pollutants in toxic ) and material
amounts.
17. Mitigation. Disckes of dredged -
United States must be or fill material into waters of the
minimized or avoided to the maximum extent practicable at
the project site (i.e., on-site), unless the District Engineer
compensation mitigation plan for the specif' has approved a

Area
'a* Spawning is regulated activity.
s. Discharges
be e avoided ided to to the
maximum extent in spawning areas during spawning seasons must
practicable.
19. obstructions of High Flogs.
not permanently restri
t To the
maximum
t
i
c
or
flows or cause the relocation of
fill is to impound waters) impede tha ggaf
or ex discharges
no?i
the water (unless the pri expected high
rY Pur
. pose of the
20. Adverse impacts from .
of water; adverse i impoundments. If the discharge creates an impoundm
as
t
d/
t
p
en
sage of water and
/oor
the accelerated
therestriction ofyits flow shall b
maximum extent practi
b
;
;

ca
le. e
m
*+
mizec to the
21. Waterfowl Breeding Areas. Discharges
waterfowl must be avoided ea the charges into breeding areas for -?
grat2o y
maximum extent practicable

22. Removal of Temporary Fills.
entirety and the affected ar _
.
Any. temporary fills -
e re
x
eas r moved their in -
eturned to their preex
g elevation.
istin
n.
INFORMATION
r
a. All crossings must be from high ground to high ground.
b. Bridging will be required in areas desi
areas by the North Carolina Division of MarineaFishas r adN??s fish spawning eries Carolina Wildlife Resources Commission (NCWRC) if the District Engineer North
determines that'
,use of culverts would likely preclude the continued use of the
upstream waters as spawning areas for the anadromous fish. (DE)
NATIONWIDE CONDITIONS
crossing. The width of the fill is limited to the minimum necessary for the actual
b. The fill planed in waters of the U.S. is limited to a filled area of no
more than 1/3 acre.
c. No more than a total of 200 linear feet of the fill for the roadway can
occur in special aquatic sites, including wetlands.
d. Crossing is culverted, bridged or otherwise designed to prevent the
restriction- of, and to withstand, expected high flows and tidal flows and the
movement of aquatic organisms.
e. The crossing, including all attendant features, both temporary and
permanent, is part of a single and complete project for crossing of a water of
the U.S.
f. Fills in special aquatic sites, including wetlands, require
notification to the District Engineer (DE). The notificatiomust include a
delineation of affected special aquatic sites, including wetlands.
g• Where local circumstances indicate the need the District Engineer (DE)
will define the term "expected high flows" for the purpose of establishing
applicability of this nationwide permit.
STATE CONSISTENCY CONDITIONS.
a. If the proposed activity is
applicant must receive within the North Carolina Coastal Area, the
written concurrence from the North Carolina Division of
Coastal Management em that
Carolina the activity is consistent with the North
Coastal Management program.
b. All. fill material authorized.by this permit must be obtained from an u land
source.
P
c• Under this Permit
fish spawning , bridging is required in areas designated as ?
areas b the North Carolina or Marine Fisheries(No??j
or the North Carolina 'Wildlife Resources Commission (KCWRC) in order to allow
L
i
CL7-14
-2-
the continued use of upstream waters for spawning. ' Use of culverts in these
situations is not authorized under this permit.
d. Should all or part of a proposed activity be located within
Environmental Concern (AEC) as designated by the North Carolina Coas ala of
Resources Commission (NCDCM), a Coastal Area Management Act
required from the North Carolina Division of Coastal Management t((NCDCM .
an activity within or potentially affecting an AEC be permit is
C
agency, a consistenc dete ) Should purs the NCDCM at least 90 days b foreothe onsettofothe prop ee acmust s a provided to
propo ssed activity.
GENERAL CERTIFICATION CONDITIONS
a. Proposed fill or substantial modification under this General Certification
requires written concurrence from the North. Carolina Division of Environmental
Management (NCDEM).
b. If written concurrence is not issued by Carolina -
Environmental Management (NCDEM) within AS daysefromtreceipt of alco pletef
application by the Division's Section 401 Certification Office in
Section 401 Certification is waived for this Nationwide Permit unless additional
information is re Raleigh, then
quested in writing by the Director.
c. The width of the fill is limited to the minimum needed for the actual
crossing.
d. The roadway width shall be minimized as much as practicable and
practicable alternative exists. that no
e. Established sediment and erosion control practices will be utilized to
prevent violations of the appropriate turbidity water F
in streams and rivers not desi quality standard (50 NTQ's
Division of Environmental Managnated as trout waters by the North Carolina
and all lakes and reservoirs andml0t (NCDEM), ZS NTV's in all saltwater classes
NTU's'in trout waters).
f. Measures shall be taken to prevent live or fresh concrete from coming into
contact with waters of the State until the concrete has hardened.
4. Additional site-specific conditions may be
order to ensure compliance added to this Certification in'
standazds, with all applicable water quality and effluent _
h. Concurrence from the North Carolina Division of Environmental Management
(NCDEM) that this Certification applies to an individual project shall
three years from the date of the cover letter from the NCDEM. all ex expire
re
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS 9F ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
REPLY TO
ATTENTION OF
February 13, 1995
Regulatory Branch
l?Cl?i_( L'LJ 5 L.L.+ I . i
Action ID No. 199400569, and Nationwide Permit No. 26 (Headwaters and Isolated
Waters)
Mr. Jason Shallcross
Partners Equity Group
Post Office Box 1089
Smithfield, North Carolina 27577
Dear Mr. Shallcross:
Reference is made to the telephone conversation on September 13, 1994,
between you and.Mrs. Jean B. Manuele of my Raleigh Field Office staff
regarding recent mechanized landclearing activities on your property.
Specifically, your property (45 acres) is located on the west side of S.R.
2398, approximately 1/2 mile north of N.C. Highway 70-Business, adjacent to,
and above the headwaters of, an unnamed tributary to the Neuse River, in
Smithfield, Johnston County, North Carolina. The purpose of this conversation
was to inform you that recent landclearing activities occurring on your
property were being conducted within wetlands and to remind you of Department
of the Army (DA) permit requirements for activities undertaken in wetlands
subject to our regulatory authority pursuant to Section 404 of the Clean Water
Act (33 USC 1344). Mrs. Manuele subsequent investigation of the reported
activities revealed that 0.25 acre of jurisdictional. wetlands have been
impacted by your recent landclearing activities.
For the purposes of the Corps of Engineers' Regulatory Program, Title
33, Code of Federal Regulations (CFR), Part 330.6, published in the Federal
Register on November 22, 1991, lists nationwide permits. Authorization was
provided, pursuant to Section 404 of the Clean Water Act, for discharges of
dredged or fill material into headwaters and isolatea`Waters.
Your work is authorized by this nationwide permit provided it is
accomplished in strict accordance with the enclosed conditions and provided
you receive a Section 401 water quality certification from the North Carolina
Division of Environmental Management .(NCDEM) for any wetland impacts that
exceed 1/3 of an acre. You should contact Mr. John Dorney, telephone (919)
733-1786, regarding water quality certification. This nationwide permit does
not relieve you of the responsibility to obtain other required State or local
approval.
This verification will be valid for two years from the date of this
letter unless the nationwide authorization is modified, reissued or revoked.
This verification will remain valid for the two years if, during that period,
the nationwide permit authorization is reissued without modification or the
activity complies with any subsequent modification. If during the two years,
the nationwide permit authorization expires or is suspended or 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 or are
under contract to commence, in reliance upon the nationwide permit, will
remain authorized. This is provided the activity is completed within twelve
Months of the date of the nationwide permit's expiration, modification or
revocation.
Please be reminded that issuance of Department of the Army authorization
must precede any further mechanized landclearing, placement of excavated or
fill material, and/or excavation within ally wetlands on your property.
Printed on W Recycled Paper

- 2 -
le
Should you decide to develop the remaining 3 acres of wetlands on the subject
property, you must complete and submit the enclosed Pre-Discharge Notification
application to our office for a 30-day review process prior to beginning.any
land-disturbing activities within wetlands. .
You are cautioned against any additional activity within waters and
wetlands of the United States without prior approval of this office in the
form of a Department of the Army permit. Should you'do so, we will consider
your actions as a willful violation of the law and you are forewarned that we
will initiate immediate consultation with the U.S. Attorney'.s office to seek
an appropriate resolution.to such a flagrant disregard for the law.
Questions or comments may be addressed to Mrs. Manuele, telephone (919)
876-8441, Extension 24.
Sincerely,
e Wri t
iVe, Regulatory Branch
Enclosures
Copies Furnished (without enclosure):
Mr. John Dorney
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
4401'Reedy Creek Road
Raleigh, North Carolina 27607
Mr. Jeff Coutu
Planning Director
Johnston County Planning and
Inspections Department
Post Office Box 1052
Smithfield, North Carolina 27577-4194
,r
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. 199708043 County Johnston
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner Partners Equi , Group
Address- Attn: Mr. John Shallcross
Post Office Box 1089
Smithfield North Carolina 27577
Telephone Number (.919) 934-3852
Size and Location of project (waterway, road name/number, town, etc.) 40+ acre tract of land
located on the northwest side of the Service Road that parallels Interstate 95, 0.28 mile northeast
of ITS Highway 70 Business, in Smithfield, North Carolina The property is located adjacent to
and above the headwaters of, an unnamed tributary to Polecat Branch.
Description of Activity
Mechanized landclearing, excavation and backfilling of 0.66 acre of mixed pine-hardwood
wetland associated with the lot development of a commercial development Filling is authorized
for Lot Numbers 9, 1011 12 and 17, Special Condition: Remaining 2.49 acres of
jurisdictional wetlands (Lots 18 and 19) are to be enhanced by replanting of the site as
outlined in the Memorandum from Mr. Kevin Martin with Soil and Environmental
Consultants dated August 14, 1997 within the first non-growing season after construction
begins
Section 404 (Clean Water Act, 33 USC 1344) only.
_,._. Section 10 (River and Harbor Act of 1899) only.
-.-Section 404 and Section 10.
26 Nationwide Permit.
Any violation of the conditions of the Regional General or Nationwide Permit referenced above
may subject the permittee to a stop work order, a restoration order, and/or appropriate legal
action.
This Department of the Army Regional General/Nationwide Permit verification does not relieve
the permittee of the responsibility to obtain any other required Federal, State, or local
approvals/permits. The permittee may need to contact appropriate State and local agencies
before beginning work.
Regulatory Project Manager Signature
Date 9 Sep 1997 piration Date 13 Dec 1998
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORM, ETC., MUST BE
ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
NATIONWIDE PERMIT #26. HEADWATERS AND ISOLATED WATERS. Authorizes discharges
of dredged or fill material into headwaters and isolated waters provided that
the activity meets all of the following criteria:
a. The discharge does not cause the loss of more than three (3) acres
of waters of the United States nor cause the loss of waters of the United
States for a distance greater than 500 linear feet of a stream bed;
b. For discharges causing the loss of greater than 1/3 acre of waters
of the United States, the permittee notifies the District Engineer in
accordance with the "Notification" general condition;
C. For discharges causing a loss of 1/3 acre or less of waters of the
United States, the permittee must submit a report within thirty (30) days of
completion of the work, containing the following information:
(1) Name, address and telephone number of the permittee;
(2) Location of work;
(3) Description of work; and
(4) Type and acreage (or square feet) of the loss of waters of the
United States (e.g., 1/10 acre of marsh and 50 square feet of a stream);
d. For discharges in special aquatic sites, including wetlands, the
notification must also include a delineation of all affected special aquatic
sites, including wetlands; and
.e. The discharge, including all attendant features, both temporary.,-and
permanent, is part of a single and complete project.
Note: Whenever any other nationwide permit(NWP) is used in conjunction with
this NWP, the total acreage of impacts to waters of the United States of all
NWPs combined cannot exceed three (3) acres.
NATIONWIDE PERMIT.CONDITIONS
1. Navigation. No activity may cause more than a minimal adverse
effect on navigation.
2. Proper maintenance. Any structure or fill authorized shall be
properly maintained, including maintenance to ensure public safety.
3. Erosion and siltation controls. Appropriate erosion and siltation
controls must be used and maintained in effective operating condition during
construction, and all exposed soil and other fills, as well as any work below
the ordinary high water mark or high tide line, must be permanently stabilized
at the earliest practicable date.
4. Aquatic life movements. No activity may substantially disrupt the
movement of those species of aquatic life indigenous to the water body,
including those species which normally migrate through the area, unless the
activity's primary purpose is to impound water.
5. Equipment. Heavy equipment working in wetlands must be placed on
mats, or other measures must be taken to minimize soil disturbance.
6. Regional and case-by-case conditions. The activity must comply with
any regional conditions which may have been added by the Division Engineer
(see 33 CFR 330.4(e)) and with any case specific conditions added by the Corps
or by the State or tribe in its Section 401 water quality certification.
7. Wild and Scenic Rivers. No activity may occur in a component of the
National Wild and Scenic River System; or in a river officially designated by
Congress as a "study river" for possible inclusion in the system, while the
river is in an official study status; unless the appropriate Federal agency,
with direct management responsibility for such river, has determined in
writing that the proposed activity will not adversely effect the Wild and
Scenic River designation, or study status. Information on wild and Scenic
Rivers may be obtained from the appropriate Federal land management agency in
the area (e.g., National Park Service, U.S. Forest Service, Bureau of Land
Management, U.S. Fish and Wildlife Service.)
8. Tribal rights. No activity or its operation may impair tribal
rights, including, but not limited to, reserved water rights and treaty
fishing and hunting rights.
9. Water quality certification. The permittee must comply with all
conditions of General Water Quality Certification No. 3108, issued by the
North Carolina.Division of Water Quality (NCDWQ) on February 11, 1997.
10. Coastal zone management. The North Carolina Division of Coastal '
Management (NCDCM), has determined that this NWP is conditionally consistent
with the North Carolina Coastal Management Program. Notification to and
written concurrence from the NCDCM is required prior to work in the twenty
(20) coastal counties of North Carolina.-
11. Endangered species.
a. No activity is authorized under any NWP which is likely to
jeopardize the continued existence of a threatened or endangered species or a
species proposed for such designation, as identified under the Federal .
Endangered Species Act, or which is likely to destroy or adversely modify the
critical habitat of such species. Non-Federal pemittees shall notify the
District Engineer if any listed species or critical habitat might be affected
or is in the vicinity of the project, and shall not begin. work on the activity
until notified by the District Engineer that the requirements of the
Endangered Species Act have been satisfied and that the activity is
authorized.
b. Authorization of an activity by a NWP does not authorize
the take of a threatened or endangered species as defined under the
Federal Endangered Species Act. In the absence of separate authorization
(e.g., an ESA Section 10 Permit, a Biological Opinion with incidental
take provisions; etc.) from the U.S. Fish and Wildlife Service or the
National Marine Fisheries Service, both lethal and non-lethal takes
of protected species are in violation of the Endangered Species Act.
Information on the location of threatened and endangered species and
their critical habitat can be obtained directly from the offices of
the U.S. Fish and Wildlife Service and National Marine Fisheries Service
or their world wide web pages at http://www.fws.gov/'r9endspp.html and
http://kingfish."app.mnfs.gov/tmcintyr/prot_res.html#ES and Recovery,
respectively.
2

?'
12. Historic properties. No activity which may affect historic
properties listed, or eligible for listing, in the National Register of
Historic Places is authorized, until the. District Engineer has complied with
the provisions of 33 CFR 325, Appendix C. The prospective permittee must be
notify the District Engineer if the authorized activity may affect any
historic properties listed, determined to be eligible, or which the
prospective permittee has reason to believe may be eligible for listing on the
National Register of Historic Places, and shall not begin the activity until
notified by the District Engineer that the requirements of the National
Historic Preservation Act have been satisfied and that the activity is
authorized. Information on the location and existence of historic resources
can be obtained from the State Historic Preservation Office and the National
Register of Historic Places (see 33 CFR 330.4(g)).
13. Notification (for discharges causing the loss of greater than 1/3•
acre and less than 3 acres of waters of the United States.
a. Timing. Where required by the terms of the NWP, the
prospective permittee must notify the District Engineer with a Pre-
Construction Notification (PCN) as early as possible and shall not begin the
activity:
(1) Until notified by the District Engineer that the activity
may proceed under the NWP with any special conditions imposed by the District
or Division Engineer; or
(2) If notified by the District or Division Engineer that an
individual permit is required; or
(3) Unless 45 days have passed from the District Engineer's
receipt of the notification and the prospective permittee has not received
notice from the District or Division Engineer. Subsequently, the permittee's
right to proceed under the NWP may be modified, suspended, or revoked only in
accordance with the procedure set forth in 33 CFR 330.5(d) (2).
b. Contents of notification. The notification must be in writing
and include the following information:
permittee;
(1) Name, address and telephone numbers of the prospective
(2) Location of the proposed project;
. (3) Brief description of the proposed project; the project's
purpose; direct and indirect adverse environmental effects the project would
cerise; and other NWP(s), regional general permit(s) or individual permit(s)
used or intended to be used to authorize any part of the proposed project or
any related activity; and
3

(4) For NWP 26, the PCN must also include a delineation of
affected special aquatic sites, including wetlands (see paragraph 13.f.)
C. Form of Notification: The standard individual permit
application form (Form ENG 4345) may be used as the notification but must
clearly indicate that it is a PCN and must include all the information
required in b.(1)-(4) of General Condition 13. A letter may also be used.
¢. District Engineer's Decision: In reviewing the pre-
construction notification for the proposed activity, the District Engineer
will determine whether the activity authorized by the NWP will result in more
than minimal individual or cumulative adverse environmental effects'or may be
contrary to the public interest. The prospective permittee may, optionally,
submit a proposed mitigation plan with the pre-construction notification to
expedite the process and the District Engineer will consider any optional
mitigation the applicant has included in the proposal in determining whether
the net adverse environmental effects of the proposed work are minimal. If
the District Engineer determines that the activity complies with the terms and
conditions of the NWP and that the effects are minimal, the District Engineer
will notify the permittee and include any conditions the District Engineer
deems necessary.
Any mitigation proposal must be approved by the District Engineer prior
to commencing work. If the prospective permittee elects to submit a
mitigation plan, the District Engineer will expeditiously review the proposed
mitigation plan, but will not commence a second 45-day notification procedure.
If the net adverse effects of the project (with the mitigation proposal) are
determined by the District Engineer to be minimal, the District Engineer will
provide a timely written response to the applicant stating that the project
can proceed under the terms and conditions of the NWP.
If the District Engineer determines that the adverse effects of the
proposed work are more than minimal, then he will notify the applicant either:
(1) that the project does not qualify for authorization under
the NWP and instruct the applicant on the procedurps to seek authorization
under an individual permit;
(2) that the project is authorized under the NWP subject to
the applicant's submitting a mitigation proposal that would reduce the adverse
effects to the minimal level; or
(3) that the project is authorized under the NWP with specific
modifications or conditions.
e. Agency Coordination. The District Engineer will consider any
comments from Federal and State agencies concerning the proposed activity's
compliance with the terms and conditions of the NWPs and the need for
mitigation to reduce the project's adverse environmental effects to a minimal
.level.
(1) For NWP 26 (between 1 and 3 acres of impact). The
District Engineer will, upon receipt of a notification, provide immediately,
e.g., facsimile transmission, overnight mail or other expeditious manner a
copy to the appropriate offices of the Fish and Wildlife Service, State
natural resource or water quality agency, EPA , State Historic Preservation
Officer (SHPO), and if appropriate, the National Marine Fisheries Service.
4

The agencies will than have 5 calendar days from the date the material is
transmitted to telephone or fox the District 'Engineer notice that they intend
to provide substantive, site-specific comments. If so contacted by an agency,
the District Engineer will wait an additional 16 calendar days before making a
decision on the notification. The District Engineer will fully consider
agency comments received within the specified time frame, but will provide no
response to the resource agency. The District Engineer will indicate in the
administrative record associated with each notification that the resource
agencies' concerns were considered. Applicants are encouraged to provide the
Corps multiple copies of notifications to expedite agency notifications.
(2) optional Agency Coordination, 401 Denial. For NWP 26
only, where the State has denied its 401 water quality certification for
activities with less that 1 acre of wetland impact, the EPA regional
administrator may request agency coordination of PCNs between 1/3 and 1 acre.
The request may only include acreage limitations within the 1/3 to 1 acre
range for which the State has denied water quality certification. In cases
where the EPA has requested coordination of projects as described here, the
Corps will forward the PCN to EPA only. The PCN will then be forwarded to the
Fish and Wildlife Service and the National Marine Fisheries Service by EPA
under agreements among those agencies. Any agency receiving the PCN will be
bound by the EPA time frames for providing comments to the Corps.
f. Wetlands Delineations. Wetland delineations must be prepared
in accordance with the current method required by the Corps. The permittee
may ask the Corps to delineate the special aquatic site. There may be some
delay if the Corps does the delineation. Furthermore, the 45-day period will
not start until the wetland delineation has been completed and submitted to
the Corps, where appropriate.
g. Mitigation. Factors that the District Engineer will consider
when -determining the' acceptability of appropriate and practicable mitigation
incl.t_1e, but are not limited to:
(1) To be practicable, the mitigation must be available and
capable of being done considering costs, existing-., technology and logistics in
light of the overall project purposes; and
(2) To the extent appropriate, permittees should consider
mitigation banking and other forms of mitigation including contributions to
wetland trust funds, inlieu fees to organizations such as The Nature
Conservancy, State or county natural resource management agencies, where such
fees contribute to the restoration, creation, replacement, enhancement or
preservation of wetlands. Furthermore, examples of mitigation that may be
appropriate and practicable include but are not limited to: reducing the size
of the project; establishing wetland or upland buffer zones to protect aquatic
resource values; and replacing the loss of aquatic resource values by
creating, restoring and enhancing similar functions and values. In addition,
mitigation must address wetland impacts, such as functions and values, and
cannot be simply used to offset the acreage of wetland losses that would occur
in order to meet the.acreage limits of some of the NWPs (e.g., for NWP 26, 5
acres of wetlands cannot be created to change a 6-acre loss of wetlands to a 1
acre loss; however, 2 created acres can be used to reduce the impacts of a 3-
acre loss.).
5

14. compliance certification. Every permittee who has received a NWP
verification from the Corps will submit a signed certification regarding the
completed work and, any required mitigation. The certification will be
forwarded by the Corps with the authorization letter and will include:
a. A statement that the authorized work was done in accordance with
the Corps authorization, including any general or specific conditions;
b. A statement that any required mitigation was completed in
accordance with the permit conditions; and
c. The signature of the permittee certifying the completion of the
work and mitigation.
15. Multiple use of NWPs. In any case where NWP number 12 through 40
is combined with any other NWP number 12 through 40, as part of a single and
complete project, the permittee must notify the District Engineer in
accordance with paragraphs a., b., and c. of the Notification General
Condition number 13. Any NWP number 1 through 11 may be combined with any
other NWP without notification to the Corps, unless notification is otherwise
required by the terms of the NWPs. As provided at 33 CFR 330.6(c) two or more
different NWPs can be combined to authorize a single and complete project.
However, the same NWP cannot be used more that once for a single and complete
project.
6
s'
SECTION 404 ONLY CONDITIONS
In addition to the General Conditions, the following conditions apply
only to activities that involve the discharge of dredged or fill material in
waters of the United States, and must be followed in order for authorization
by the NWPs to be valid:
1. Water supply intakes. No discharge of dredged or fill material may
occur in the proximity of a public water supply intake except where the
discharge is for the repair of the public water supply intake structure or
adjacent bank stabilization.
2. Shellfish production. No discharge of dredged or fill material may
occur in areas of concentrated shellfish production, unless the discharge is
directly related to a shellfish harvesting activity authorized by NWP 4.
3. Suitable material. No discharge of dredged or fill material may
consist of unsuitable material (e.g., trash, debris, car bodies, asphalt,
etc.,) and material discharges must be free from toxic pollutants in toxic
amounts (see Section 307 of the Clean Water Act).
4. Mitigation. Discharges of dredged or fill material into waters of
the United States must be minimized or avoided to the maximum extent
practicable at the project site (i.e., on-site), unless the District Engineer
approves a compensation plan that the District Engineer determines is more
beneficial to the environment than on-site minimization or avoidance measures.
5. Spawning areas. Discharges in spawning areas during spawning
seasons must be avoided to the maximum extent practicable.
6. Obstructions to high flows. To the maximum extent practicable,
discharges must not permanently restrict or impede the passage of normal or
expected high flows or cause the relocation of the water (unless the primary
purpose of the fill is to impound waters).
7. Adverse effects from impoundments. If the discharge creates as
impoundment of water, adverse effects on the aquatic system caused by the
accelerated passage of water and/or the restriction of its flow shall.be
minimized to the maximum extent possible.
8. Waterfowl breeding areas. Discharges into breeding areas for
migratory waterfowl must be avoided to the maximum extent practicable.
9. Removal of temporary fills. Any temporary fills must be removed in
their entirety and the affected areas returned to their preexisting elevation.
7
REGIONAL CONDITIONS
1. Prior to the use of any NWP in a designated "Outstanding Resource
Water" (ORW), a designated "High Quality Water" (HQW) or a designated "Primary
Nursery Area (PNA), of North Carolina or in contiguous wetlands (as defined
by the North Carolina Division of Water Quality) to any of the above waters,
proponents must notify the Wilmington District Engineer and furnish a written
statement of compliance with all of the conditions of the applicable NWP.
Notification will include the location of work; a description-of work; a
delineation of wetlands; a discussion of alternatives to-working in the waters
and/or contiguous wetlands and why alternatives were not selected; and a plan
to provide compensatory mitigation for all unavoidable adverse impacts to the
waters and/or adjacent wetlands as may be required by the applicable NWP.
Work may proceed only after the permittee has received written, telephonic, or
faxed approval from the authorized representative of the District Engineer to
proceed. Normally such notice to proceed will be furnished within 30 calendar
days of receipt of the above information.
2. Prior to use of any NWP in a designated "Area of Environmental
Concern" (AEC) in the twenty (20) counties of Eastern North Carolina covered
by the North Carolina Coastal Area Management Act (CAMA), a proponent must
first obtain the required CAMA permit and furnish a copy of the CAMA permit to
the Wilmington District.
3. Prior to the use of any NWP on a barrier island of North Carolina,
proponents must notify the Wilmington District-Engineer and furnish a written
statement of compliance with all of the conditions of the applicable NWP.
Notification will include the location of work; a description of work; a•,.
delineation of wetlands; a discussion of alternatives to the work and why
alternatives were not selected; and a plan to provide compensatory mitigation
for all unavoidable adverse impacts to wetlands or waters as may be required
by the conditions of the applicable NWP. Work may proceed only after the
permittee has received written, telephonic,'or faxed approval from the
authorized representative of the District Engineer,--to proceed. Normally such
notice to proceed will be furnished within 30 calendar days of receipt of the
above information.
4. Prior to the use of any NWP in a "Mountain or Piedmont Bog" of North
Carolina, proponents must notify the Wilmington District Engineer and furnish
a written statement of compliance with all of the conditions of the applicable
NWP. Notification will include' the location of work; a description of work; a
delineation of wetlands;' a discussion of alternatives to the work and why
alternatives were not selected; and a plan to provide compensatory mitigation
for all unavoidable adverse impacts to wetlands or waters as may be required
by the conditions of the applicable NWP. Work may proceed o.:ly after the
permittee has received written, telephonic, or faxed approval from the
authorized representative of the District Engineer to proceed. Normally such
notice to proceed will be furnished within 30 calendar days of receipt of the
above information.
8
5. Prior to use of any NWP for construction of animal waste facilities
in waters and/or wetlands of North Carolina, proponents must notify:the
Wilmington District Engineer and furnish a written statement of compliance
with all of the conditions of the applicable NWP. Notification will include
the location of work; a description of work; a delineation of wetlands; a
discussion of alternatives to the work and why alternatives were not selected;
and, a plan to provide compensatory mitigation for all unavoidable adverse
impacts to wetlands or waters as may be required by the applicable NWP. Work
may proceed only after the permittee has received written, telephonic, or
faxed approval from the authorized representative of the District Engineer to
proceed. Normally such notice to proceed will be furnished within 30 calendar
days of receipt of the above information.
NOTE: The total area of wetlands impacted, including wetlands drained by
upland perimeter ditches or by other means, will be considered as cumulative
impacts in making a decision to assert discretionary authority under any NWP.
6. Prior to the use of any NWP in mountain trout waters within twenty-
five (25) designated counties of North Carolina, proponents must notify the
Wilmington District Engineer and furnish a written statement 'of compliance
with all of the conditions of the applicable NWP. Notification will include
letter of comments and recommendations from North Carolina Wildlife Resources
Commission (NCWRC); the location of work; a delineation of wetlands; a
discussion of alternatives to working in the mountain trout waters and why
alternatives were not selected; and a plan to provide compensatory mitigation
for all unavoidable adverse impacts to the mountain trout waters.. Work may
proceed only after the permittee has received written, telephonic, or faxed
approval from the authorized representative of the District to proceed.
Normally such notice to proceed will be furnished within 30 calender days of
receiot of the above information.
a. The twenty-five (25) designated counties are:
All:..ghany Ashe Avery
Buncombe Burke Caldwell
Cherokee Clay Graham
Haywood Henderson Jackson
Macon Madison MCD6well
Mitchell Polk Rutherford
Stokes Surry Swain
Transylvania Watauga Wilkes
Yancy
b. To obtain the required letter of approval from the North Carolina
Wildlife Resources Commission (NCWRC), a proponent should contact:
North Carolina Wildlife Resources Commission
Habitat Conservation Program Manager
512 North Salisbury Street
Raleigh,.NC 27611
Telephone [phone]
8. Proponents must notify the Wilmington District Engineer and receive
written approval prior to performing work that would impact more than 150
linear feet of a"stream. Notification will include the location of work, a
description of work, a discussion of alternatives to working in the stream and
why alternatives were not selected, and a plan to mitigate for all unavoidable
adverse impacts to more than 150 linear feet of the stream.
NOTE: Flooding of a free-flowing stream by an activity requiring
authorization under this NWP will be considered an adverse impact along with
filling and excavation for the purposes of determining impacts on stream.
STATE CONSISTENCY CONDITIONS
1. All fill material must be obtained from an upland source.
2. Use of this NWP for-waste disposal facilities is not authorized.
3. The proposed activity must not be inconsistent with North Carolina's
Antidegradation Policy (15ANCAC 2B .0201).
4. If the proposed activity is within the North Carolina Coastal Area and
the activity will result in the loss of waters of the United States greater
than 1/3 of an acre or cause modification of greater than 150 linear feet of a
stream, the applicant must receive written concurrence from the North Carolina
Division of Coastal Management (NCDCM) that the activity is consistent with
the North Carolina Coastal Management Program. Streams are defined as blue or
purple.lines for permanent or intermittent streams as shown on the most recent
version of the USGS 1:24,000 topographic map or other site-specific data.
GENERAL CERTIFICATION CONDITIONS
1. Proposed fill or substantial modification of greater than one-third
acre (0.135 ha) of wetlands or waters for a project requires a written
concurrence from the North Carolina Division of Water Quality (NCDWQ).
2. Proposed fill or substantial modification of equal to or less than
one-third acre (0.135 ha) of wetlands or waters for a project does not require
written concurrence from the North Carolina Division of Water Quality (NCDWQ)
as long as the project is in compliance with all conditions of this General
Certification.
3. Proposed fill or substantial modification of any amount of wetlands
classified in accordance with 15A NCAC 2B .0101(e)(7) as Unique Wetlands (UWL)
shall require written concurrence from the North Carolina Division of Water
Quality in accordance with 15A NCAC 2H .0506(e).
4. Proposed fill or substantial modification;::of more than 150 linear feet
(45.7 meters) of streams for a project requires a written concurrence from the
North Carolina Division of Water Quality. For the purpose of this
Certification, streams are defined as blue or purple lines for permanent or
intermittent streams as shown on the most recent version of the USGS 1:24,000
topographic map or other site specific data.
5. Proposed fill or substantial modification of less than or equal to 150
linear feet (45.7 meters) of streams for a project does not require a written
concurrence from the North Carolina Division of Water Quality as long as the
project is in compliance with all conditions of this General Certification.
For the purpose of this Certification, streams are defined as blue or purple
lines for permanent or intermittent streams as shown on the most recent
version of the USGS 1:24,000 topographic map or other site specific data.
6. Appropriate sediment and erosion control practices. which equal or
exceed those outlined in the most recent version of the "North Carolina
Sediment and Erosion Control Planning and Design Manual" or the "North
Carolina Surface.Mining Manual" (available from the North Carolina Division of
Land Management in the DEHNR Regional or Central Offices) will be utilized to
prevent exceedances of the appropriate turbidity water quality standard (50
NTU's in streams and rivers not designated as trout by NCDWQ, 25 NTU's in all
saltwater classes and all lakes and reservoirs, and 10 NTU's in trout waters).
10
7. All sediment and erosion control: measures placed in wetlands or waters
shall be removed and the natural grade restored after the North Carolina
Division of Land Resources has released the project.
8. Additional site-specific conditions may be added to projects with
greater than one-third acre impact to wetlands or 150 linear feet of streams
which are proposed under this?.Certification in order to ensure compliance with
all applicable water quality and effluent standards.
9. Measures shall be taken to prevent live or fresh concrete from coming
into contact with waters of the State until the concrete has hardened.
10. If an environmental document is required, this Certification is not
valid until a FONSI or ROD is issued by the State Clearinghouse.
11. Concurrence from the North Carolina Division of Water Quality (NCDWQ)
that this Certification applies to an individual project shall expire on
December 1?, 1998 to coincide with the expiration date of NWP No. 26.

11
Permit Number:
Name of Permittee:
Date of Issuance:
Upon completion of the activity authorized by this permit and any mitigation required by
the permit, sign this certification and return it to the following address:
US ARMY CORPS OF ENGINEERS
RALEIGH REGULATORY FIELD OFFICE
6508 FALLS OF NEUSE ROAD, SUITE 120
RALEIGH, NORTH CAROLINA 27615
Please note that your permitted activity is subject to a compliance inspection by an U.S.
Army Corps of Engineers representative. If you fail to comply with this permit you are
subject to permit suspension, modification, or revocation.
I hereby certify that the work authorized by the above referenced permit has been
completed in accordance with the terms and condition of the said permit, and required
mitigation was completed in accordance with the permit conditions.
Signature of Permittee

[D#
Customer Satisfaction Survey
The Wilmington District, Regulatory Branch, U.S. Army Corps of Engineers, is committed to improving our service
to you, our customers. We would like your honest opinions of how we are doing. Please rate our performance on
your project and return it to us as soon as possible. Your responses will be evaluated along with others in order to
attempt to identify ways in which we can provide more courteous, timely, and fair service on permit matters in the
future.
Please indicate your level of satisfaction for each question by circling the appropriate number on a scale of 1-5.
Satisfaction
Low High
1. Did the Corps representative act professionally? 1 2 3 4 5
2. Did the Corps representative treat you courteously? 1 2 3 4 5
3. Did we answer your questions clearly, giving you 1 2 3 4 5
accurate information about our permit program?
4. Did we respond in writing within a reasonable time? 1 2 3 4 5
5. Do you think that the time it took to receive your 1 2 3- 4 5
permiUwetiand determination/other response was
reasonable?
6. Did we return your telephone calls within a 1 2 3 4 5
reasonable time?
7. Regardless of the outcome of your permit action, do 1 2 3 4 5
you believe that you were treated. fairly?
8. What is your overall level of satisfaction with your 1 2 3 4 5
contact with the Corps staff?
9. What is your overall level of satisfaction with the 1 2 3 4 5
Corps Regulatory program?
10. Was the purpose of your contact without staff (check all which apply):
a. a wetland determination or jurisdictional determination.
b. a standard permit application.
c. a regional general permit notification.
d. a nationwide permit notification.
C. a reported unauthorized activity (violation of a permit or work without a permit).
f. a determination of applicability of an "exemption".
g. an advisory meeting or other type of meeting.
Thank you for completing and returning this form. It will assist us in providing better service to the public in the
future. Please famish any other comments or observations which you may have regarding your experience with our
office. (CONTINUE ON BACK)
Address:
?g/l?8l1997 11:09 y1?7?43L76
r !
State of North Carolina
Department.of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard. Jr., P.E., Director
? N R
DE
$eptembet 4, 1997
Jo oa County
DwQ Project # 970656
APPROVAL of 401 Water Quality Certgication and ADDITIONAL CONDITIONS RECEIVED
Partner's Equity Group S ?P ? 8 1997
P.O. Box 1689
Smithfield, NC 27577
Deer Sirs:
You have our approval. in accordance with the attached conditions and those listed below, to place
fill material in an additional 0.66 acres of wetlands or ;,application for the purpose of conatruccin a
commercial site at US 7OA-95, as you described in your application dated_ 21 July 1997. After
reviewing your application, we have decided that this fill is covered by General Water Quality
Certification Number 3108. This certification allows you to use Nationwide Permit Number 26 when it
is issued by the Corps of Engineers. In addition, you should get suy 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-Discliafge and Wax Supply, Watershed regulations. This approval .
will expire when the accompanying 404 or CAMA permit expires unless othetwise 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 lication. V total wetland fills for this project (now or in the future) exceed one titre,
compensatory m ligation may be required as described in 0A NCAC 2H .0506.(h) (6) and (7). For
this approval to be valid, you must follow the conditions listed is the attached certification. ad any
additional conditions listed below. Deed restrictions, conservation easements or similar medtanisms
shall be placed in all lots with remaining jurisdictional wetlands and waters to restrict future wetland
and/or water impact. 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), An additional condition.is that a final. wriam
stormwater plan including an off-site wet detection basin and diversion 66a portion of the stormwater
into the remaining on-site wetlands must be approved by DVQ before wetland (or stream) impacts
occur. Axi operation and maintenance agreement is required for both stormwater management sties.
If you do not accept any of the conditions of this cenifcstior., you may ask for an adjudieaWry
hearing. You twist act within 60 days of the date that you receive this letter. To sent or a ng.
send a written petition which conforms to Chapter 150B of the North Carolina General Statutts to the
Office of Administrative Hearings,.P.O. Box 27447, Raleigb,N.C. 27611-7447. This certification and
its conditions are final and binding unless you ask for a hearing. .
of the Clean
Water A t. letter U yu haa any the qureview of ibe Division of estions, please telephone John D?orney at 99-733-1 6.
Sin
Howard, . P.E.
Attachment
cc: Wilmington District Corps of Engineers
Corps of En ' s Raleygh Field Office
.& Deer
Raleigh DWftiart.al Office
Mr. John Domey
Central Files
Stove Ktoeger
Ray Cox
Steve Roberu: Soil and Envirowneatal Consultmms
970656.1v
D6Won of Water Oualty • EmAronmantal sdencas Branch
Envir An Equal opporNtdty Atfimatrve Action Employer - sox NCrecrctedltt, po?cteo? tiM~ PWW FAX a r tiOSe
-aS/08/1997 11:09 9199343298 SHALLCO INC. rAut nJ
This General Certification is issued in conformity with the
requirements of Section 401, Public Laws 92-500 and 95-217 of the
united States and subject to the North Carolina Division of Water
Quality Regulations in 15A NCAC 2H, section .0500 and 15A NCAC 2B
.0200 for the discharge of fill material to waters and adjacent
wetland areas which are above the headwaters or to wetland areas that
are not a part of the surface tributary system to interstate waters or
navigable waters of the united-states (i.e., isolated wetlands) as
described in 33 CFR 330 Appendix A (B) (26) of the Corps of Engineers
regulations (i.e., Nationwide Permit No. 26). This Certification
replaces Water Quality Certification Number 2671 issued on January 21,
1992. This WQC is rescinded when the Corps of Engineers reauthorizes
Nationwide 26 or when deemed appropriate by the Director of DWQ.
The State of North Carolina certifies that the specified category
of activity will not violate applicable portions of Sections 301, 302,
303. 306 and 307 of the Public Laws 92-500 and 95-217 if conducted in
accordance with the conditions hereinafter set forth.
Conditions of Certification:
1. Proposed fill or substantial modification of greater than
one-third acre (0.135 ha) of wetlands or waters for a
project requires a written concurrence from the Division of
Water Quality;
2. Proposed fill or. substantial modification of equal to or
less than one-third acre (0.135 ha) of wetlands for a
project does not require written concurrence from the
Division of Water Quality as long as-the project is in
compliance with all conditions of this General
Certification;
3. Proposed fill or substantial modification of any amount of
wetlands classified in accordance with 15A NCAC 2B
.0101(e)(7) as Unique Wetlands (UWL) shall require written
concurrence from the Division of Water Quality in accordance
with 15A NCAC 2H .0506(e);
4. Proposed fill or substantial modification of greater than
150 linear feet (i5.7 m) of streams for a project requires a
written concurrence with the Division of Water Quality. For
the purpose of this Certification, streams are defined as
blue or purple lines for permanent or intermittent streams
as shown on the most recent version of the USGS 1:24,000
topographic map or other site-specific data;
5. Proposed fill or substantial modification of less than or
equal-to 150 linear feet (45.7 m) of streams for a project
does not require a written concurrence from the Division of
Water Quality as long as the project is in compliance with
all conditions of this General Certification. For the
purpose of this Certification, streams are defined as blue
or purple lines for permanent or intermittent streams as
shown on the most recent version of the USGS 1:24,000
topographic map or other site-specific data;
6. That appropriate sediment and erosion control practices
which equal or exceed-those outlined in the most recent
edition of the "North Carolina Sediment and Erosion Control
,05ia6/1997 11:09 9199343298 5NRL_klu 11NU.
Planning and Design Manual' or the "North Carolina Surface
mining Manual" (available from the Division of Land
Resources in the DEHNR Regional or Central offices) must be
utilized to prevent exceedances of the appropriate turbidity
Water quality standard (50 NTUs in streams and rivers. not
designated as trout waters by DWQ; 25 NTUs in all saltwater
classes, and all lakes and reservoirs; 10 NTUs in trout
waters);
7. 'All sediment and erosion control measures placed in wetlands
and waters shall be removed and the natural grade restored
after the Division of Land Resources has released the-
project;
8. Additional site-specific conditions may be added to projects
with greater than one-third ac-re impact to wetlands or 150
linear feet of streams which are proposed under this
• Certification in order to ensure compliance with all
applicable water quality and effluent standards;
9. Measures shall be taken to prevent live or fresh concrete
from coming into contact with waters of the state until the
concrete has hardened;
10. If an environmental document is required, this, Certification
is not valid until a FONSZ or ROD is issued by the State-
Clearinghouse;
11. Concurrence from DWO that this Certification applies to an
individual project shall expire on 13 Dece*nber 1998 to
coincide with the eniration date of Nationwide Permit 26:
Non-compliance with or violation of the conditions herein se*_
forth by a specific fill project shall result in revocation of this
Certification for the project and may also result in criminal and/or
civil penalties.
The Director of the North Carolina Division of Water Quality may
require submission of a formal application for individual
certification for any project in this category of*'activity,. if it is
determined that the project is likely to have a significant adverse
effect upon water quality or degrade the waters so that existing uses
of the wetland or downstream waters are precluded.
Public hearings may be held for specific applications or group of
applications prior to a certification decision if 'deemed in the.
public's best interest by the Director of the North Carolina Division
of Environmental Management.
Effective date: 11 February 1997.
DIVISION F WATER UALITY
BY
A. Preston. Jr. P. E.
Director
gencert.26
WQc # 3108
`P„3% 98/1997 11: 09 9199343298 bhIHLLI U live . rf sac
February 20, 1997
In accordance with Tide 15 NCAC 2H.0500, the following DEED. RESTRICTIONS AND
PROTECTIVE COVENANT'S shall be recorded in the County Registry
prior to the conveyance of lots. Said Deed Restrictions and Protective Covenants shalt apply to
name of subdivision, lot numbers in _ County, North Carolina as shown on
plans titled (insert subdivision name) prepared by (insert
name of designer) dated date:
"A portion of this lot has been determined to meet the requirements for
designation as a regulatory wetland. Any subsequent fill or alteration of this
wetland shall conform to the requirements of state wetland rules adopted by
the State of North Carolina in force at the time of the proposed alteration. The
intent of this provision is to prevent additional wetland fill., so the property
owner should not assume that a future application for dill will be approved
The property owner shall report the name of the subdivision in any application
pertaining to said wetland rules. This covenant is intended to ensure
continued compliance with wetland rules adopted by the State of North
Carolina and therefore benefits may be enforced by the State of North
Carolina.. This covenant is to run with the land and shall be binding on all
parties and all persons claiming under them."
(Signature)
Owner's name
address
city, state, zip
Phone: (###) phone no.
STATE OF NORTH CAROJ MA
COUNTY
I, , a Notary Public of the State of North Carolina,
County, hereby certify that owner personally appeared
before me this day and executed by above certification.
Witness. my hand and notarial seal, this _ day of .19_
(Notary Public)
m cowmission expires
NC DWQ WQ ENVSCI Fax:[phone]
Sts--te of Notth Carolina
Oopartinentbf Environment
and Natural Resources
Division of Water Quality
Feb 16 '98 12:33 P.02/02
_
James B. Hunt-Jr., Gdvernor ,I
So 'No
Wayne McDevitt, Secretary I %Ii
NoRTH CAROLINA DEPARTMENT OF
A. Preston -Howard, Jr., P.E., Director ENVIRONMENIr AND NAruRAL RESOURCES
February 11, 1998
Mr. Dan Simmons, PE
McKim & Creed ingineers, PA
5625 Dillard Drive, Suite 117
Cary, NC 27511
Re: Partners Equity Group
Stormwater.Management Plan
- - Johnston County
DWQ #970656
Dear Mr. Simmons:
'The final revision of the subject stormwater management plan; received in this office on
ebnlary 10, 1999, is adequate to satisfy that requirement of the 401 Certification. I
'und'er'stand that the stormwater from lots number 10, and 17 will feed the
remaining wedand•area to satisfy that requirement of the 401 Certification, as well.
This letter serves its written:approval of the stormwater management plan provided. that a
.properly executed; operation and maintenance agreement is forwarded to this office no
later than March 4,1998. : The agreement must be prepared in accordance with the
guidance faxed to.your office.by Ray Cox. It must cover both-ihe maintenance of the wet
retention basin and the maintenance of the wetland that will receive stormwater.
Please call me at [phone] if-you have any questions.
cc:
Sincerely,
*JR- Dorney
Wilmington District Corps of Engineers
Corps of Engi&ers Raleigh Field Office
DWQ Raleigh Regional Office
John;. Domey
Central Files
envuonn=tal sdencet Bausch 4401 Reedy Crock Road "cW.4 North Cacolina'27607•
1'relephonc 919-733-1786 FAX its 733-9954
An Equal ORsorwnlry Afficmutrve ACfloa Employer 50% reeyokdfl0% post eonsuvw papa
POND MAINTENANCE REQUIREMENTS (Continued)
Partners Equity Group, a North Carolina General Partnership, hereby acknowledge that
they are the party responsible for maintenance of the wetlands and will perform the
maintenance as outlined above, in Article V, as part of the Certification of Compliance with
Stormwater Regulations received for this project.
Signature AAA /`;- A29?' Date
INDUSTRIAL DRIVE PARTNERS
Mike Fleming Managing Partner
Signatu 'V IS::1 Date 3
S PAR ERS
n S. Shallcross, Jr. Managing Partner
a Notary Public for the State of North Carolina, County
of Jo n do hereby certify that Mike Fleming personally appeared before me this Z.L) ?
day of March, 1998, and acknowledge the due execution of the foregoing instrument.
Witness my hand and official seal,
Ili L?D,e_. SEAL
My Commission expires zlD -,Z&-- -;2 &0 0
I, ./?-- , a Notary Public for the State of North Carolina, County
of J6hfiston do hereby certify that John S. Shallcross, Jr. personally appeared before me
this/_Z "ay of March, 1998, and acknowledge the due execution of the foregoing
instrument. Witness my hand and official seal,
R- SEAL
My Commission expires ,??'?S' ozoo d
'$9192338031 MCKIM & CRF?„ -- ;. rnivlH WOOD PRO, 2003
NoR7'H G4ROE.TNA DEPARPMI' MM*T 01r.
ENWRONNENT AND NATURAL RmsouttCEs
RALZIGH REGtONAL OPPICE
DIVISION OF LAND RESOURCES
April 14, 1999
Partners EgWy Group
711 Rose St
Smithfield, North Carolina 27517
Attn: John Shallcross

RE Getter of Approval
Project Name: Partners EquIdy Det.Pond
-- -: -:- -_. - .? .•-. ... .__ tocatior: ' Jbtmut"stoui Co: " . . • - "`
Submitted by MCkun and died.
Date Received: 401-99
Date Processing !nitrated: 4-01-99
Wafershed: Neuse # 1 / 03-04-02
New Submiitttal.0 Revised ()
r
m
ti
Z
i
Dear Mr. Shallcross:
'this office has reviewed the subject Erosion and Sedimentation Control

k • Plan. We• find the plan td be acceptable and hereby issue this letter of approval-
If
dif
a
f
i
en
m
any•mo
ons, per
tc
t
ormance reservations; or reco
m
dations are
e $ a ' applicable; a & is- eh6losed and is incorporated as a part, of this letter.of approval.
i
v If any mod
fications are not.mcorporated into the plan and implemented in the.
field, the site i All be in violation of the Sedimentation Pollution Control Act of 1973
(North Carolina General Statute, hereinafter NCGS, 113A-67.1). In addition, it
should be noted that this plan approval shall expire three (3) years foilowing the
date of approval in accordance with Title 15A, North Carolina Administrative Code
(NCAG) 4B.0029, If no land-disturbing activity has been
:undertaken.
t
The land-disturbing activity described in the plan for this site may be subject
? to the appn:%* of other Local, State or Federal agencies. This could include the
Division of Water Qualit
under stor
t
th
_ y
er or o
mwa
er vvafer,quality regulations, the
U
S
A
C
.
.
rmy
orps of Engineers underArtide 404 jurisdiction, county, dfy or town
-agencies -underotherioca tens antes; or other approvais'that may be._regyi cared: 7
The approval issued-in-this letter cannot-supersede- aiyother required permit or
approval. i

'Please be advised that Title 13A, North Carolina Administi alive Code, 4B
.0018(x) requires that a copy of the approved plan be on file at the job site. Also,
please consider this letter as notice in accordance with the requirements of NCGS
113A-61.1 concerning our to to perform.periodre inspections to ensure
compliance with the approved plan.
'Due to'the' location •of this project, it.sftould be'rroted that a rule to protect
and'maintak existaiTbufrt rs along watercourses in tlie Neuse River Basin '
became effective on July 22,1997.: The. Neuse Riiver.Riparian Area Protection
and Mainte •naimce Rule (15A NCAC 2B .0230 applies to?wl perennial and
intermittent streams, lakes, ponds and estuaries inthe Neuse River Basin with
'! ? X00 9a?RC'R'ptttYFy iuRi tOi. Rat-LIBI[, lia?cr?tCtReLIN4Z7609
• PwotttRlG•57l.470o fLY9ta.5'ji-i7t8
? LQttAL OpPOtLTVItiT`t /aFViRMItlYS •C7lON EYrtntpt .50$ <tEG7Ci£L!/1 t)? M!eT-t?ttRV Von wn.?
11:51
A4/20/99
04/20/99 11:51 $91923.38031

MCRIM & CREED/RL RANCH WOOD PRO, [Q0O2
Mr. Shallcross
Page 2
-April 14, 1999
forest vegetation on the adjacent land or "riparian area". In riparian areas with
wdsfing forest vegetation in the first 30 feet direcOy adjacent to the stream, the rule prohibits land
disturbance, new development and fertilizer use within the first 50 feet of land next to the water.
In riparian areas with forest vegetation that is less than 30 feet wide,'the rule prohibits land
disturbance, new development and fertilizer use within the area that contains forest vegetation
(but not the entire 50 foot riparian area). For more inforrnadon about this riparian area rule,
please contact the Division of Water QualIVs Wedand1401 Unit at 919-733-1786,
-.?- -- - 41iA Carol'ina's bbd memo" n* poMifion control program is per onnance.or1er*W,•requtrIng-. -- -
Protection of the natural resources and adjoining properties. If at any time during this project it i§
determined that the Erosion and Sedimentation Control Plan is inadequate to meet the
requirements of the Sedimentation'Pollution Contra! Act of 1973 (NCGS 113A-51 through 66),
this office may require
revisions In the plan and its implementation to ensure compliance with the Act
Please note that this approval is based in part on the accuracy: of the information provided
concerning financial responsibitliy. You-am requested to file an amended Financial
Responsibility Form If any changes become necessary. In addition, it would be helpful if you
would notify this office of ttie proposed starting date for the activity at the subject site-
Your cooperation is appreciated and we look forward to worldng with you on this project if
there are any questions, please do not hesitate to contact this office at 9191571-.4700.
Sincerely,
r,
Brown
Land Quality Section
Raleigh Regional office
- - (t :Grant LIiingood'* ROOM and Creed --
Ken Schuster, Water Quality
34
4 I
s
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Kerr T. Stevens, Director
Mr. John Shallcross
Partner's Equity Group
P.O. Box 1089
Smithfield, North Carolina 27577

NCDENR
DIVISION OF WATER QUALITY
July 6, 1999
JUL. 19 1999
Subject: Stormwater Management Facilities
Partner's Equity Group
Johnston County, NC
DWQ# 970656
Dear Mr. Shallcross:
As a follow up to our meeting on June 30, 1999, I wanted to review certain requirements
regarding the 401 Water Quality Certification, issued on September 4, 1997 for the subject
facility. First, you had indicated that you were planning to develop a revised stormwater
management plan. Please note that according to the above Certification, stormwater management
at this site must include a wet detention basin and diversion of a portion of the stormwater into
the remaining on-site wetlands. Also, an Operation and Maintenance Agreement must be
provided for the stormwater management sites. Please submit the revised plans and Operation and
Maintenance Agreement(s) for approval by this Office by August 1, 1999. Finally, the
Certification requires that deed restrictions, conservation easements, or similar mechanisms must
be placed on the remaining wetlands within 30 days of the date of the Certification Approval.
Please provide a copy of these measures to provide documentation that the subject project is in
compliance with the Certification. If this information is not received by August 15, 1999 we will
consider bringing an enforcement action for violation(s) of the 401 Water Quality Certification.
If you have any questions regarding this matter, please contact Mr. Todd St. John at (919)
733-1786.
cc
Mr. Todd St. John, Wetlands Unit
Raleigh Regional Office
File
4401 Reedy Creek Road, Raleigh, NC 27607 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
y D1D ?GJJ?OV J1
State of North Carolina
Department of Environment
and Natural Resources
Division' of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Kerr T. Stevens, Director
Mr. Grant Livengood
McKim and Creed Engineers
5625 Dillard Road, Suite 117
Cary, NC 27511
Dear Mr. Uvengood.-
mcalm a l."IIVIAL uai u:si as 11111 r. uu1
?F
i
NCDENR,
Division of Water Quality ItECE I V E
July 29, 1999
AUG - Z =999

Subject: Partners Equity
DWQ Project No. 970656
Johnston County
The Wetlands Unit staff reviewed the stormwater management plans for the subject projoct and determined
that additional information is necessary to complete the to6nical review process- The required additional
information is as follows:
1. Permanent Water Quality Pool, Temporary Water Quality Pool
The volumes for the forebays, permanent pool and temporary pool provided in the "401 Wet
Detention Basin Work Sheet" do not appear to reflect the actual volumes reflected by the plans. As
such, rho volumes indicated in the "Work Sheet" would not be adequate to meet the NCDLMt
Stormwater Best Management Manual 'a design requirements. Nowevcr, the actual volumes provided
in the plans way be adequate.
2. Emergency Drain
An emergency drain or similar mechanism must be provided to draw down the permanent pool
volume. Please specify this on the engineering plans-
3. Sediment Removal
Tf the basin is proposed to be used as a sediment basin during construction, the plans must clearly
indicate that accumulated sediment will be removed prior to implementation as a wet detention
basin.
4. Drainage Area
Please delineate the drainage area including offeita drainage to the basin.
S. Stormwater Flow to Remaining Wetlands
As we discussed in our phone conversation today, the 401 Water Quality Cwificatian issued
September 4,-1997 for this project requires that some of the stotmwater be diverted to the remaining
wetlands. After consulting with Staff from this Office, I recommend that 3 acres of impervioto
rr
hLJ
4401 Reedy Creek Road, Raleigh, NC 27607 Telephone [phone] FAX [phone]
An Equal Opportunity AniamatNe Action Employer 50% recycled/ 10% post-consumer paper
V-27121-LJJ-OVJ1
c
aCAiK & kX=V/KL Us/UJ/uu 17:11 Y.UUZ
surface be directed to the existing 3 acres of wetlands. The runoffshould enter the wetlands as
diffuse or sheet [low at non-erosive or channel forming velocities. Please document the methodi
used to achieve the abo' e, Tf this prescuts a prohlem please call rue at the number below,
Division wetlands unit staff will'strive to complete a final technical review within 10 -working days of
receipt of the requested i nformatitm. Completing the enclosed worksheet will gmatly decrease the staff
review time. If you have any questions or would like to discuss this project, please contact me at (919)
733-9584.
Sinccmly,
r,
Todd St. J n
Environtnental Fnainccr
Attachments
cc: John Domey. Wedands/401 Unit
Raleigh Regional Office
Filc