20110608 Ver 2_401 Application_20160516

00 LEE R. HINES, JR., PE
Civil Engineering
Land Planning & Development
Project Management
May 9, 2016
ou
630 Aiken Parkway
Fuquay-Varina, NC 27526
Phone [phone]
Email [e-mail]
NC Department of Environmental Quality I
Division of Water Quality, WBSCP Unit i1
1650 Mail Service Center u \
Raleigh, NC 27699 - 1650
Subject: Cleveland Connector Sewer Line
Johnston County, NC
DC-,' 0 W 12
'v;,,Af 16 2016
DEQ -WATER RESOURCES
401 & BUFFER PERMITTING
Please find attached five PCN applications, two full size sets of construction drawings, and
three 11" x 17" copies of the construction drawings for the subject site.
The Cleveland Connector Sewer Line is a proposed 16 -inch gravity sewer outfall line approximately
2,350 if in length that will serve properties in the Old Drug Store area of the county. The sewer line is
generally located outside of the riparian buffer for an unnamed tributary to Buffalo Branch. The line
crosses the tributary perpendicularly in two locations and also has some parallel buffer impacts along
its route as it shifts to avoid existing structures. The Johnston County Department of Public Utilities
will administer the project.
The sewer outfall line proposes no wetlands impact, 12,489 sf of Zone 1 riparian buffer impact, and
19,202 sf of Zone 2 riparian buffer impact. The line is part of a previously permitted sewer line (401
Permit is attached for reference) that was to serve a proposed commercial subdivision located
upstream. Neither the commercial subdivision nor the outfall line were ever constructed.
At this time, however, the County has identified a need for a portion of the outfall line and is proposing
to construct this portion to serve the community. The County asked me to increase the sewer line
diameter and to revise the original route just a bit to avoid a particularly challenging property, but the
remainder of the plans are generally the same.
I trust that you find this satisfactory, but please do not hesitate to contact me at (9 19) 422-8011 or at
richiehinespe(Z4nc.rr.com if you have any questions about this submittal package or need additional
information. Thank you in advance for your assistance.
Sincerely, r,
pf)t%vo
Lee R. Hines, Jr. (Richie), PE
LRH/
Attachments

O� OF W A TE9
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Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 D 2003MA
Page 1 of 12
PCN Form — Version 1.3 December 10, 2008 Version
Pre -Construction Notification (PCN) Form
A.
Applicant Information nn
1.
Processing
1 a. Type(s) of approval sought from the
Corps
®Section 404 Permit ❑Section 10 Permit 2 016
1 b Specify Nationwide Permit (NWP) number: 12 or General Permit (GP) number: 401 BUFFER PERMITTING
1c.
Has the NWP or GP number been verified by the Corps?
❑ Yes ® No
1 d.
Type(s) of approval sought from the DWQ (check all that apply)-
[] 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit
❑ 401 Wat Ir Quality Certification — Express ® Riparian Buffer Authorization
1 e.
Is this notifi tion solely for the record
because wen approval is not required?
For the record only for DWQ 401
Certification:
❑ Yes ® No
For the record only for Corps Permit,
® Yes ❑ No
1f.
Is payment into a mitigation bank or in -lieu fee program proposed for mitigation
of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu
fee program.
❑ Yes ® No
1 g.
Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below.
❑ Yes ® No
1h
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes ® No
2.
Project Information
2a.
Name of project:
Cleveland Connector Sewer
2b.
County*
Johnston
2c.
Nearest municipality / town:
Clayton or Old Drug Store
2d. Subdivision name:
N/A
2e
NCDOT only, T.I.P. or state
project no:
N/A
3.
Owner Information
3a.
Name(s) on Recorded Deed:
County of Johnston will hold the utility easements for the sewer outfall
3b.
Deed Book and Page No.
N/A — the construction easements are being acquired at this time by the County
3c.
Responsible Party (for LLC if
applicable):
N/A
3d.
Street address:
207 East Johnston Street
3e. City, state, zip:
Smithfield, NC 27577
3f.
Telephone no.-
919 989-5100
3g.
Fax no.:
919 989-5179
3h.
Email address.
[e-mail]
Page 1 of 12
PCN Form — Version 1.3 December 10, 2008 Version

1, ,
4.
Applicant Information (if different from owner)
4a. Applicant is:
❑ Agent ❑ Other, specify:
4b
Name:
4c.
Business name
(if applicable):
4d
Street address.
4e. City, state, zip
4f.
Telephone no.:
4g
Fax no.:
4h
Email address:
5.
Agent/Consultant Information (if applicable)
5a
Name:
Lee R. Hines, Jr, PE (Richie)
5b.
Business name
(if applicable):
Lee R. Hines, Jr, PE
5c.
Street address,
630 Aiken Parkway
5d.
City, state, zip:
Fuquay-Varina, NC 27526
5e. Telephone no.:
[phone]
5f.
Fax no.:
N/A
5g.
Email address:
[e-mail]
Page 2 of 12

1
B.
Project Information and Prior Project History
1.
Property Identification
1a.
Property identification no. (tax PIN or parcel ID):
(Johnston County is acquiring construction easements)
1 b.
Site coordinates (in decimal degrees)-
Latitude: 35.5981 Longitude: - 78.58379
(DDDDDDDD) (-DD DDDDDD)
1 c.
Property size.
Approximately 2 5 acres in easements
2.
Surface Waters
2a.
Name of nearest body of water (stream, river, etc.) to
LIT to Buffalo Branch
proposed project:
2b. Water Quality Classification of nearest receiving water:
C; NSW
2c.
River basin: map is available at
Neuse
hftp://h2o.enr.state.nc.us/admin/maps/
3.
Project Description
3a
Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application•
The easements for the sanitary sewer line are generally wooded and located on the rear of residential properties
3b.
List the total estimated acreage of all existing wetlands on the property:
0.0
3c.
List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
Approximately 2,600 If
3d.
Explain the purpose of the proposed project:
Construct a sanitary sewer outfall line to extend sewer service for the County to accommodate development in the area.
3e.
Describe the overall project in detail, including the type of equipment to be used:
The County recognizes a need to extend sewer service in the area to accommodate development growth. As such, it
plans to let a project to install approximately 2,350 If of 16 -inch sewer line along an unnamed tributary to Buffalo Creek.
The sewer will tie to an existing WWPS located at the back of Duchess Downs Subdivision off of Pierce Road.
Excavators and backhoes will be used to clear, install erosion control devices, and install the sanitary sewer line.
Flat-bed trucks and dump trucks will be utilized for bringing materials to the site and hauling waste from the site.
Page 3 of 12
PCN Form — Version 1 3 December 10, 2008 Version

4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
® Yes ❑ No ❑ Unknown
project (including all prior phases) in the past?
Comments:
4b. If the Corps made the jurisdictional determination, what type
❑ Preliminary® Final
of determination was made?
4c If yes, who delineated the jurisdictional areas?
Agency/Consultant Company: Neal Floyd and
Name (if known): Thomas Brown
AssociatesOther:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
2011
5. Project History
5a Have permits or certifications been requested or obtained for
® Yes ❑ No ❑ Unknown
this project (including all prior phases) in the past?
5b. If yes, explain in detail according to "help file" instructions.
DWQ #11-0608, approved in November 2011, allowed impact for a commercial subdivision and sanitary sewer outfall
line. The Developer did not pursue the project, and the County is now pursuing a portion of the sewer outfall line. The
original permit allowed for buffer and stream impact from the sewer outfall line and allowed for diffuse flow measures for
discharge from the commercial subdivision into the riparian buffer.
6. Future Project Plans
6a Is this a phased project?
❑ Yes ® No
6b. If yes, explain.
Page 4 of 12

C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
❑ Wetlands ® Streams - tributaries ® Buffers
❑ Open Waters ❑ Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a.
2b.
2c.
2d
2e
2f.
Wetland impact
Type of jurisdiction
number —
Type of impact
Type of wetland
Forested
(Corps - 404, 10
Area of impact
Permanent (P) or
(if known)
DWQ — non -404, other)
(acres)
Temporary
W1 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W2 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W3 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W4 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W5 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W6 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
2g. Total wetland impacts
0
2h Comments:
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a
3b.
3c.
3d.
3e.
3f.
3g
Stream impact
Type of impact
Stream name
Perennial
Type of jurisdiction
Average
Impact
number -
(PER) or
(Corps - 404, 10
stream
length
Permanent (P) or
intermittent
DWQ — non -404,
width
(linear
Temporary (T)
(INT)?
other)
(feet)
feet)
S1 ❑ P ®T
Sewer Installation
UT to Buffalo Br
® PER
❑ INT
® Corps
® DWQ
3.5
20
S2 ❑ P ®T
Sewer Installation
UT to Buffalo Br
® PER
❑ INT
® Corps
® DWQ
35
20
S3 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S4 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S5 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S6 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
3h Total stream and tributary impacts
40
1. Comments: Two temporary perpendicular crossings are proposed for gravity sanitary sewer installation. No permanent
stream crossings are proposed.
Page 5 of 12

4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then indi idually list all open water impacts below.
4a.
Open water
impact number —
Permanent (P)
or Temporary
4b.
Name of
waterbody
(if
applicable)
4c.
Type of impact
4d
Waterbody type
4e
Area of impact (acres)
01 ❑P❑T
02 ❑P❑T
03 ❑P[IT
04 ❑P❑T
0. Total open water impacts
0
4g. Comments. No Open Water Impacts
5. Pond or Lake Construction
If pond or lake construction proposed, then complete the chart below.
5a
Pond ID
number
5b.
Proposed use or purpose of
pond
5c
Wetland Impacts (acres)
5d.
Stream Impacts (feet)
5e
Upland
(acres)
Flooded
Filled
Excavated
Flooded
Filled
Excavated
Flooded
P1
P2
5f. Total
5g. Comments- No Pond
5h. Is a dam high hazard permit required?
❑ Yes ❑ No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres)
5k Method of construction
Page 6 of 12

S. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If any impacts require mitigation, then you MUST fill out Section D of this form.
6a.
® Neuse ❑ Tar-Pamlico ❑ Other:
Project is in which protected basin?
❑ Catawba ❑ Randleman
6b.
6c.
6d.
6e.
6f.
6g
Buffer impact
number —
Reason
Buffer
Zone 1 impact
Zone 2 impact
Permanent (P)
for impact
Stream name
mitigation
(square feet)
(square feet)
or Temporary
required?
131 ®P ❑ T
Utility
Crossing
UT to Buffalo Branch
❑ Yes
® No
3,591
1,382
B2 ®P ❑ T
Cross ng ity
UT to Buffalo Branch
® Nos 3,440
1,350
B3 ® P ❑ T
Utility
Crossing
UT to.Buffalo Branch
El Yes
® No
2,102
1,643
B3 ®P ❑ T
Parallel
(SS Route)
UT to Buffalo Branch
El Yes
® No
3,356
14,827
6h. Total buffer impacts
12,489 sf
19,202 sf
61. Comments: There are three perpendicular crossings for gravity sanitary sewer installation and also some parallel impacts
to the riparian buffer along the route.
Page 7 of 12

D.
Impact Justification and Mitigation
1.
Avoidance and Minimization
1 a
Specifically describe measures taken to avoid or minimize the proposed impacts in designing project
Utility crossings are minimized and are perpendicular to the stream The route of the sanitary sewer is kept out of the
buffers as far as practically possible, and encroaches as necessary to avoid existing structures along the route.
b
Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Erosion control measures will be installed prior to construction to minimize sedimentation. Work will be minimized or
avoided during and directly after rain events and efforts will be made to stage construction and stabilization to minimize
the amount of disturbance on the project at any given time. Sewer installation across the stream will be accomplished
during low flow conditions if possible to minimize sedimentation and stream impact.
2.
Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a.
Does the project require Compensatory Mitigation for
impacts to Waters of the U S or Waters of the State?
❑ Yes ® No
2b.
If yes, mitigation is required by (check all that apply)
❑ DWQ ❑ Corps
2c.
If yes, which mitigation option will be used for this
project?
❑ Mitigation bank
❑ Payment to in-lieu fee program
❑ Permittee Responsible Mitigation
3.
Complete if Using a Mitigation Bank
3a
Name of Mitigation Bank:
3b Credits Purchased (attach receipt and letter)
Type
Quantity
3c Comments-
4.
Complete if Making a Payment to In-lieu Fee Program
4a. Approval letter from in-lieu fee program is attached.
❑ Yes
4b
Stream mitigation requested:
linear feet
4c
If using stream mitigation, stream temperature:
❑ warm ❑ cool ❑cold
4d. Buffer mitigation requested (DWQ only)*
square feet
4e
Riparian wetland mitigation requested:
acres
4f
Non-riparian wetland mitigation requested-
acres
4g. Coastal (tidal) wetland mitigation requested:
acres
4h
Comments
Page 8 of 12
PCN Form — Version 1.3 December 10, 2008 Version

5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ
6a Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation? If yes, you will have to fill out this entire form — please
contact the State for more information
El Yes ® No
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required
Zone
6c.
Reason for impact
6d.
Total impact
(square feet)
Multiplier
6e.
Required mitigation
(square feet)
Zone 1
3 (2 for Catawba)
Zone 2
1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund).
6h. Comments:
Page 9 of 12

E.
Stormwater Management and Diffuse Flow Plan (required by DWQ)
1.
Diffuse Flow Plan
1 a.
Does the project include or is it adjacent to protected riparian buffers identified
® Yes ❑ No
within one of the NC Riparian Buffer Protection Rules?
1b.
If yes, then is a diffuse flow plan included? If no, explain why.
❑ Yes ®No
Comments: No impervious area is created by this project.
2.
Stormwater Management Plan
2a
What is the overall percent imperviousness of this project?
0%
2b
Does this project require a Stormwater Management Plan?
❑ Yes ® No
2c.
if this project DOES NOT require a Stormwater Management Plan, explain why: No impervious area is proposed.
2d
If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
N/A
❑ Certified Local Government
2e.
Who will be responsible for the review of the Stormwater Management Plan?
❑ DWQ Stormwater Program
❑ DWQ 401 Unit
3.
Certified Local Government Stormwater Review
3a.
In which local government's jurisdiction is this project?
Johnston County
❑ Phase II
3b
Which of the following locally -implemented stormwater management programs
❑ NSW
❑ USMP
apply (check all that apply):
❑ Water Supply Watershed
❑ Other:
3c. Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑ No
attached?
4.
DWQ Stormwater Program Review
❑ Coastal counties
❑ HQW
4a.
Which of the following state -implemented stormwater management programs apply
❑ ORW
(check all that apply).
❑ Session Law 2006-246
❑ Other -
4b. Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑ No
attached?
5.
DWQ 401 Unit Stormwater Review
5a.
Does the Stormwater Management Plan meet the appropriate requirements?
❑ Yes ❑ No
5b.
Have all of the 401 Unit submittal requirements been met?
❑ Yes ❑ No
Page 10 of 12
PCN Form —Version 1.3 December 10, 2008 Version

F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1 a. Does the project involve an expenditure of public (federal/stateAocal) funds or the
® Yes ❑ No
use of public (federal/state) land?
1 b. If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State
❑ Yes ® No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1 c If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
letter.)
❑ Yes ❑ No
Comments:
2. Violations (DWQ Requirement)
2a Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H 1300), DWQ Surface Water or Wetland Standards,
❑ Yes ® No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b Is this an after -the -fact permit application?
❑ Yes ® No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3. Cumulative Impacts (DWQ Requirement)
3a Will this project (based on past and reasonably anticipated future impacts) result in
® Yes ❑ No
additional development, which could impact nearby downstream water quality?
3b If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy If you answered "no," provide a short narrative description.
Installation of a sewer outfall line could conceivably encourage development in the vicinity of the project. As projects are
developed, Johnston County requires analysis of water features downstream to determine impact
4. Sewage Disposal (DWQ Requirement)
4a Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility
No wastewater will be generated by this project itself; the project is for a sanitary sewer outfall line
Page 11 of 12
PCN Form — Version 1 3 December 10, 2008 Version

S. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a Will this project occur in or near an area with federally protected species or
® Yes ❑ No
habitat?
5b Have you checked with the USFWS concerning Endangered Species Act
® Yes ❑ No
impacts?
5c If yes, indicate the USFWS Field Office you have contacted
® Raleigh
❑ Asheville
5d What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
Raleigh Field Office of US Fish and Wildlife Service
6. Essential Fish Habitat (Corps Requirement)
6a Will this project occur in or near an area designated as essential fish habitats
❑ Yes ® No
6b What data sources did you use to determine whether your site would impact Essential Fish Habitat?
NOAA Essential Fish Habitat Mapper (report attached)
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation
❑ Yes ❑ No
status (e.g , National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact histonc or archeological resources?
I have requested a review from the NC State Historic Preservation Office
B. Flood Zone Designation (Corps Requirement)
8a Will this project occur in a FEMA-designated 100-year floodplain?
❑ Yes ® No
8b If yes, explain how project meets FEMA requirements
8c What source(s) did you use to make the floodplain determination? FEMA Firm Map (exhibit attached)
Rick J. Hester
Applicant/Agent's Printed Name
Date
App t/Agent's Signature
(Agent's signature is valid only rf an authorization letter from the applicant
is provided )
Page 11 of 11

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FIRM
FLOOD INSURANCE RATE MAP
NORTH LAROLINA
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EFH Mapper
EFH Data Notice: Essential Fish Habitat (EFH) is defined by textual descriptions contained in the
fishery management plans developed by the regional Fishery Management Councils. In most cases
mapping data can not fully represent the complexity of the habitats that make up EFH. This report
should be used for general interest queries only and should not be interpreted as a definitive
evaluation of EFH at this location. A location -specific evaluation of EFH for any official purposes must
be performed by a regional expert. Please refer to the following links for the appropriate regional
resources.
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Soirces, Esri, GEBCC, NCAA, National Geographic,
Dei_orme. HERE. Gecnamesxrg, and other ccntricutcus
Query Results
Map Scale = 1:72,224
Degrees, Minutes, Seconds: Latitude = 35036'1" N, Longitude = 79025'5" W
Decimal Degrees: Latitude = 35.60, Longitude = -78.58
The query location intersects with spatial data representing EFH and/or HAPCs for the following
species/management units.
EFH
No Essential Fish Habitats (EFH) were identified at the report location.
HAPCs
No Habitat Areas of Particular Concern (HAPC) were identified at the report location.
EFH Areas Protected from Fishing
No EFH Areas Protected from Fishing (EFHA) were identified at the report location.
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1/1

Beverly Eaves Perdue
Governor
��1*5
�►
N EE�IR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coley H Sullins
Coll
November 22, 2011
Mr. Charles D. Mast
Highway 42 Associates, LLC
P.O. Box 119
Smithfield, NC 27577
Subject Property: Highway 42 Commercial Subdivision
Ut to Buffalo Creek [030402,27-42, C, NSW]
Dee Freeman
Secretary
DWQ Project # 11-0608
Johnston County
Approval of 401 Water Quality Certification and Authorization Certificate per the Neuse River
Buffer Protection Rules (15A NCAC 2B.0233) with Additional Conditions
Dear Mr. Mast:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 0.01 acres of 404/Wetland and 40 linear feet of perennial stream (temporary
impact), and 2,400 square feet of Zone 1 Neuse River basin protected riparian buffers and 15,986 square
feet of Zone 2 Neuse River basin protected riparian buffers, as described in your application dated August
3, 2011, and received by the Division of Water Quality (DWQ) on August 9, 2011, with additional
information received October 31, 2011, to construct the proposed commercial development at the site.
After reviewing your application, we have decided that the impacts are covered by General Water Quality
Certification Number(s) 3819 (GC3819). The Certification(s) allows you to use Nationwide Permit(s)
NW 12 when issued by the US Army Corps of Engineers (USACE). This letter shall also act as your
approved Authorization Certificate for impacts to the protected riparian buffers per 15A NCAC 2B .0233.
In addition, you should obtain or otherwise comply with any other required federal, state or local permits
before you go ahead with your project including (but not limited to) Erosion and Sediment Control, and
Non -discharge regulations. Also, this approval to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA
Permit.
This approval is for the purpose and design that you described in your application. If you change your
project, you must notify us and you may be required to send us a new application. If the property is sold,
the new owner must be given a copy of this Certification and approval letter and is thereby responsible for
complying with all conditions. If total fills for this project (now or in the future) exceed one acre of
wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A
NCAC 2H.0506 (h). This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
1. Impacts Approved
Wetlands, Buffers, Stormwater, Compliance and Permitting Unit (WeBSCaPe)
1650 Mad Service Center, Raleigh, Noah Carolina 27699-1650
Phone [phone] FAX [phone]
Internet http //portal ncdenr org/web/wq/ws
An Equal Opportunity 1 Affirmative Action Employer

Highway 42 Associates, LLC
Page 2 of 4
November 22, 2011
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland45ermit) are met. No other impacts are
approved including incidental impacts:
Type of impact
Amount Approved nits
Plan Location or Reference
Stream (perennial)
40 (linear feet) temporary impact
PCN application page 4 of 10
Buffers Zone 1
2,400 (square ft.)
PCN application page 5 of 10
Buffers Zone 2
15,986 (square ft.)
PCN application page 5 of 10
2. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond
the footprint of the impacts depicted in the Pre -Construction Notification. All construction
activities, including the design, installation, operation, and maintenance of sediment and erosion
control Best Management Practices, shall be performed so that no violations of state water quality
standards, statutes, or rules occur.
3. Erosion and sediment control practices must be in full compliance with all specifications governing
the proper design, installation and operation and maintenance of such Best Management Practices in
order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual. The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor -owned or leased borrow pits associated with the project.
c. Sufficient materials required for stabilization and/or repair of erosion control measures and
stormwater routing and treatment shall be on site at all times.
4. Sediment and Erosion Control Measures
Sediment and erosion control measures shall not be placed in wetlands or waters without prior
approval from the Division. If placement of sediment and erosion control devices in wetlands and
waters is unavoidable, design and placement of temporary erosion control measures shall not be
conducted in a manner that may result in dis-equilibrium of wetlands or stream beds or banks,
adjacent to or upstream and downstream of the above structures. All sediment and erosion control
devices shall be removed and the natural grade restored within two (2) months of the date that the
Division of Land Resources or locally delegated program has released the project;
5. Protective Fencing
The outside buffer, wetland or water boundary and along the construction corridor within these
boundaries approved under this authorization shall be clearly marked with orange warning fencing
(or similar high visibility material) for the areas that have been approved to infringe within the
buffer, wetland or water prior to any land disturbing activities;
4!" V

Highway 42 Associates, LLC
Page 3 of 4
November 22, 2011
6. Diffuse flow plan approval
The diffuse flow plan approved by this office consists of one level spreader and engineered
vegetated filter strip and all associated stormwater conveyances, the grading and drainage
patterns depicted on plan sheets dated October 2011 and received by the DWQ on October 31,
2011. No changes to the level spreader -engineered filter strip shall be made without written
authorization from the DWQ. The diffuse flow devices shall have maintenance access and at least
a 10 -foot drainage easement on each side to allow for the ability to maintain the structures, and to
perform corrective actions. The stormwater easements shall be recorded to provide protection of
the structures from potential alterations by future property owners.
The approved diffuse flow must be maintained in perpetuity in accordance with LS-VFS
operation and maintenance (O & M) agreements signed by Mr. Charles D. Mast (Member,
Highway 42 Associates, LLC) on October 21, 2011. The O & M agreements must transfer with
the sale of the property or transfer of ownership/responsibility for the BMP facilities. DWQ must
be notified promptly of every transfer.
7. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
certificate of completion to the Wetlands, Buffers, Stormwater, Compliance and Permitting Unit
(WeBSCaPe), North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC,
27699-1650.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application and as authorized by this Certification, shall expire upon
expiration of the 404 or CAMA Permit.
If you wish to contest any statement in the attached Certification you must file a petition for an
administrative hearing. You may obtain the petition form from the Office of Administrative Hearings.
You must file the petition with the Office of Administrative Hearings within sixty (60) days of receipt of
this notice. A petition is considered filed when it is received in the Office of Administrative Hearings
during normal office hours. The Office of Administrative Hearings accepts filings Monday through
Friday between the hours of 8:00am and 5:00pm, except for official state holidays. The original and one
(1) copy of the petition must be filed with the Office of Administrative Hearings.
The petition may be faxed -provided the original and one copy of the document is received by the Office
of Administrative Hearings within five (5) business days following the faxed transmission.
The mailing address for the Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone: [phone], Facsimile: (919)-431-3100
A copy of the petition must also be served on DENR as follows:
Ms. Mary Penny Thompson, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center

Highway 42 Associates, LLC
Page 4 of 4
November 22, 2011
Raleigh, NC 27699-1601
Unless such a petition is filed, this Certification shall be final and binding.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act and the Neuse riparian buffer protection rule as described within 15A NCAC 2B .0233. If you have
any questions, please telephone Karen Higgins at 919-807-6300 or Ian McMillan at 919-807,364.
CHS/kah/Ym
Enclosures: GC3819
Certificate of Completion
cc: USACE Raleigh Regulatory Field Office
Lauren Witherspoon, DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Lee R. Hines, 309 Cameronwood Drive, Fuquay-Varina, NC 27526
Rename- 110608Highway42CommercialSubdrvision(Johnston)401_NBR

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