20171290 Ver 1_401 Application_20171011

To: US Army Corps of Engineers
Raleigh Regulatory Field Office
Attn: Andy Williams
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587
From: r �
Cory 426mmell
Property Owner
Re: 1027 Holden Road
Franklin County, NC
October 11, 2017
N.C. Division of Water Resources
401 & Buffer Permitting Unit
Attn: Karen Higgins & Stephanie Goss
Archdale Building — 91h Floor
512 North Salisbury Street,
Raleigh, NC 27604
2 0 1 7 1 2 9 0
On behalf of myself Cory Connell, please find attached a complete application and supplemental information
requesting written concurrence from the U.S. Army Corps of Engineers (USACE) and the N.C. Division of Water
Resources (DWR) that the activities proposed below may proceed under Nationwide Permit 18. Please contact me at
[phone] if you have any questions or require additional information.
Previously, I hired a contractor to build my house, install a stream crossing, and put in my driveway. The driveway
stream crossing the contractor installed failed multiple times and appeared it was in violation of USACE and NCDWR
regulations. When I asked the contractor to replace it they said they would not. I fired that contractor and contacted
USACE and NCDWR about necessary permits. USACE and NCDWR visited the site on August 25, 2017 and
September 8, 2017 respectively. The agencies subsequently issued NOVs for the existing conditions. I intend to
replace the driveway stream crossing with a design that is sufficient and compliant with USACE and NCDWR
regulations.
PROJECT SUMMARY
Project Name
1027 Holden Road
Project Type
Single Family Home Driveway Crossing
Owner / Applicant
Cory Connell
County
Franklin
Nearest Town
Youngsville
Waterbody Name
UT to Horse Creek
Index Number
27-17-(0.7)
Class
WS -IV; NSW
USGS Cataloging Unit
Neuse 03020201— Lower Falls Lake
IMPACT SUMMARY
Stream Impact (linear feet): 53
Total Buffer Impact (acres): 2,888
Wetland Impact (acres): 0
Open Water Impact (acres): 0
OCT 1

October 11, 2017
Attached is the NCDWR & USACE permit information for
1027 Holden Road, Youngsville, Franklin County, NC 27596
PIN: 1842-38-3020
Contents• Page
USACE & NCDWR PCN Form ----------------------------------------------------------- 1 - 10
Figure — 1 USGS Map------------------------------------------------------------------------11
Figure — 2 NRCS Soil Survey Map-------------------------------------------------------- 12
Figure — 3 Existing Site Conditions Map-------------------------------------------------- 13
Figure — 4 Proposed Conditions Map------------------------------------------------------ 14
Figure — 5 Proposed Driveway Profile Drawing ----------------------------------------- 15
Figure— 6 Impact Map---------------------------------------------------------------------- 16
NCDWR Notice of Violation---------------------------------------------------------------17-24
USACE Unauthorized Activity Notice ---------------------------------------------------- 25
USACE Tolling Agreement----------------------------------------------------------------- 26-28
PROPERTY OWNER — Cory Connell
PREPARED BY — Cory Connell

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Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.4 January 2009
Page 1 of 10
PCN Form — Version 1.4 January 2009
Pre -Construction Notification (PCN) Form
A.
Applicant Information
1.
Processing
1 a.
Type(s) of approval sought from the Corps:
❑X Section 404 Permit ❑ Section 10 Permit
1 b. Specify Nationwide Permit (NWP) number: 18 or General Permit (GP) number:
1 c.
Has the NWP or GP number been verified by the Corps?
❑X Yes ❑ No
1 d.
Type(s) of approval sought from the DWQ (check all that apply):
❑X 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑X Riparian Buffer Authorization
1 e.
Is this notification solely for the record
because written approval is not required?
For the record only for DWQ
401 Certification:
❑ Yes ❑X No
For the record only for Corps Permit:
❑ Yes ❑X 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 ❑X No
1 g.
Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below.
❑ Yes ❑X No
1 h.
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes ❑X No
2.
Project Information
2a.
Name of project:
1027 Holden Road Residence
2b.
County:
Franklin
2c.
Nearest municipality / town:
Youngsville
2d.
Subdivision name:
2e.
NCDOT only, T.I.P. or state project no:
3.
Owner Information
3a.
Name(s) on Recorded Deed:
Cory A. Connell
3b.
Deed Book and Page No.
2092/724
3c.
Responsible Party (for LLC if
applicable):
3d.
Street address:
1530 Woodfield Creek Drive, Apt 303
3e.
City, state, zip:
Wake Forest, NC 27587
3f.
Telephone no.:
252-571-3171
3g.
Fax no.:
3h. Email address:
[e-mail]
Page 1 of 10
PCN Form — Version 1.4 January 2009

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:
5b. Business name
(if applicable):
5c. Street address:
5d. City, state, zip:
5e. Telephone no..-
o.:5f.
5f.Fax no.:
5g. Email address:
Page 2 of 10

B.
Project Information and Prior Project History
1.
Property Identification
1a.
Property identification no. (tax PIN or parcel ID):
1842-38-3020
1 b.
Site coordinates (in decimal degrees):
Latitude: 36.024184 Longitude: -78.515548
1 c.
Property size:
1.02 acres
2.
Surface Waters
2a.
Name of nearest body of water to proposed project:
Horse Creek, 27-17-(0.7)
2b.
Water Quality Classification of nearest receiving water:
WS -IV; NSW
2c.
River basin:
Neuse River
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:
This property is a residential lot that will have an approximately 1,200 sq ft (three bedroom) house when fully developed. The 1027 Holden Road
property currently has a building foundation in place. The neighboring properties are residential. Highway US -1 and select commercial businesses.
are located upstream. There are no wetlands within the project area.
3b.
List the total estimated acreage of all existing wetlands on the property: 0.02
3c.
List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 190
3d. Explain the purpose of the proposed project:
Driveway Stream Crossing over a perennial stream to allow access to proposed house.
3e. Describe the overall project in detail, including the type of equipment to be used:
Installation of 20' long 60" & 42" HDPE pipes and rock/boulder bank stabilization. Equipment will include an excavator, etc.
4.
Jurisdictional Determinations
4a.
Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project(including all priorphases) in thepast?
❑ Yes ❑X No ❑ Unknown
Comments:
4b.
If the Corps made the jurisdictional determination, what type
of determination was made?
Preliminary ❑ Final
4c.
If yes, who delineated the jurisdictional areas?
Name (if known): Mr. Andy Williams, Raleigh Regional Office
Agency/Consultant Company: USAGE
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
A site visit was held with Mr. Andy Williams on August 25, 2017 during which he verified the stream to be a jurisdictional perennial stream.
5.
Project History
5a.
Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past?
❑ Yes ❑X No ❑ Unknown
5b.
If yes, explain in detail according to "help file" instructions.
6.
Future Project Plans
6a.
Is this a phased project?
❑ Yes ❑X No
6b.
If yes, explain.
Page 3of10
PCN Form —Version 1.4 January 2009

C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
❑ Wetlands ❑X Streams — tributaries ❑X 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 impact
Type of wetland
Forested
Type of jurisdiction
Area of
number
Corps (404,10) or
impact
Permanent (P) or
DWQ (401, other)
(acres)
Temporary T
W1
Choose one
Choose one
Yes/No
-
W2
Choose one
Choose one
Yes/No
W3
Choose one
Choose one
Yes/No
W4
Choose one
Choose one
Yes/No
-
W5
Choose one
Choose one
Yes/No
W6
Choose one
Choose one
Yes/No
2g. Total Wetland Impacts:
2h. Comments:
There are no wetlands within the driveway stream crossing project area. There are wetlands on the property but they will not be impacted.
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 (PER) or
Type of
Average
Impact
number
intermittent (INT)?
jurisdiction
stream
length
Permanent (P) or
width
(linear
Temporary (T)
(feet)
feet)
S1 P
Culvert
Unnamed Tributary
PER
5
21
S2 P
Stabilization
Unnamed Tributary
PER
5
32
S3
Choose one
S4
Choose one
S5
Choose one
S6 -
Choose one
3h. Total stream and tributary impacts
53
3i. Comments:
Install a 60" HDPE culvert pipe embedded 1' below the streambed elevation to carry base flow, an adjacent 42" HDPE set above base flow elevation to
carry storm flows, and stream bank stabilization. The stream bank stabilization will be downstream from a natural bedrock/cascade feature and at the
upstream and downstream ends of the driveway pipes. The perennial stream is an unnamed tributary of Horse Creek and the stream has a step -pool
and riffle -pool complex. The existing concrete pieces will be removed from the previous stream bank stabilization that was used.
Page 4 of 10
PCN Form — Version 1.4 January 2009

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 indivii ually list all open water impacts below.
4a.
Open water
impact number
Permanent (P) or
Temporary T
4b.
Name of waterbody
(if applicable)
4c.
Type of impact
4d.
Waterbody
type
4e.
Area of impact (acres)
01
Choose one
Choose
02
Choose one
Choose
03
Choose one
Choose
04
Choose one
Choose
4f. Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If pond or lake construction proposed, the complete the chart below.
5a.
Pond ID number
5b.
Proposed use or
purpose of pond
5c. 5d. 5e.
Wetland Impacts (acres) Stream Impacts (feet) Upland
(acres)
Flooded
Filled
Excavated Flooded
Filled
Excavated
P1
Choose one
P2
Choose one
5f. Total:
5g. Comments:
5h. Is a dam high hazard permit required?
❑ Yes ❑ No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If any impacts require mitigation, then you MUST fill out Section D of this form.
6a. Project is in which protected basin?
❑X Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Randleman ❑ Other:
6b.
Buffer Impact
number —
Permanent (P) or
Temporary T
6c.
Reason for impact
6d.
Stream name
6e.
Buffer
mitigation
required?
6f.
Zone 1
impact
(square
feet)
6g.
Zone 2
impact
(square
feet
B1 P
Driveway
Unnamed Tributary
No
1,125
568
B2 P
Cleared area/Stabilization
Unnamed Tributary
No
575
495
B3 P
Bank Stabilization
Unnamed Tributary
No
125
B4
Yes/No
B5
Yes/No
B6
Yes/No
6h. Total Buffer Impacts:
1,825
1,063
6i. Comments: During prior work, vegetation was removed from the driveway location and some of the area around it. Another large tree along the
stream bank will be removed to aid in the new culvert installation & stream bank stabilization. A few native trees will be planted.
Page 5 of 10

D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
Minimize the removal of any additional trees. The tree along the left stream bank (referenced while looking downstream) next to the stream culvert
pipe will be removed because (due to the poor install & design from the previous contractor) erosion under and around the tree has caused it to
become unstable. It will be removed for safety measures and the stream bank will be stabilized in this location.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
The limits of disturbance will be kept within the area already impacted by the previous contractor, with the exception of the removal of the undercut tree
on the left bank just upstream from the crossing. Depending on weather conditions/stream flow at the time of construction a pump -around operation
may be required. Ground cover (mulch & grass seed) has already been installed in the upslope disturbed areas. The work does not require an erosion
control permit, but the contractor will take appropriate erosion control measures to reduce the potential of off-site sedimentation of downstream waters.
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 ❑X 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: Choose one
Type: Choose one
Type:Choose one
Quantity:
Quantity.-
uantity: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:
Choose one
4d. Buffer mitigation requested (DWQ only):
square feet
4e. Riparian wetland mitigation requested:
acres
4f. Non -riparian wetland mitigation requested:
acres
4g. Coastal (tidal) wetland mitigation requested:
acres
4h. Comments:
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 6 of 10
PCN Form — Version 1.4 January 2009

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
El Yes X No
buffer mitigation?
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.
6c.
6d.
6e.
Zone
Reason for impact
Total impact
Multiplier
Required mitigation
(square feet)
(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 7 of 10

E.
Stormwater Management and Diffuse Flow Plan (required by DWQ)
1.
Diffuse Flow Plan
1a.
Does the project include or is it adjacent to protected riparian buffers identified
❑X Yes ❑ No
within one of the NC Riparian Buffer Protection Rules?
1 b.
If yes, then is a diffuse flow plan included? If no, explain why.
The
project includes a driveway to a single family home site. No stormwater system (e.g. curb -gutter,
etc) will be used.
❑ Yes ❑X No
2.
Stormwater Management Plan
2a.
What is the overall percent imperviousness of this project?
9
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
Stormwater Management Plan (SMP) is required as the project involves building a driveway and a house on an existing single family lot, not
otherwise associated with a subdivision that required an SMP.
2d.
If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
2e.
Who will be responsible for the review of the Stormwater Management Plan?
3.
Certified Local Government Stormwater Review
3a.
In which localgovernment's jurisdiction is thisproject?
Franklin County
❑ Phase II
3b.
Which of the following locally -implemented stormwater management programs
❑ NSW
apply (check all that apply):
❑ USMP
❑ Water Supply Watershed
❑ Other:
3c.
Has the approved Stormwater Management Plan with proof of approval been
❑Yes ❑ No
attached?
4.
DWQ Stormwater Pro ram 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 8 of 10
PCN Form — Version 1.4 January 2009

F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1 a. Does the project involve an expenditure of public (federal/state/local) funds or the
❑ Yes ❑X 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
El 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,
❑X Yes ❑ No
or Riparian Buffer Rules (15A NCAC 2B.0200)?
2b. Is this an after -the -fact permit application?
❑X Yes ❑ No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
I hired a contractor to build my house, install a stream crossing, and put in my driveway. The driveway stream crossing the contractor installed failed
multiple times and appeared it was in violations with USACE & NCDWR rules. When I asked the contractor to replace it they said they would not. I
fired that contractor and contacted USACE & NCDWR about necessary permits. USACE & NCDWR issued NOVs for the existing conditions. I plan
on replacing the driveway stream crossing with a design that is sufficient for high stream flow, compliant with USACE & NCDWR rules, and I will obtain
necessary permits.
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in
❑Yes ❑X No
additional development, which could impact nearby downstream water quality?
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
4. Sewage Disposal (DWQ Requirement)
4a. Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
On-site 3 -bedroom (360 gallon/day design flow) subsurface conventional septic system (non -discharge), permit 9260
Page 9 of 10
PCN Form — Version 1.4 January 2009

5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or
E] Yes ❑X No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act
❑ Yes ❑X No
impacts?
5c. If yes, indicate the USFWS Field Office you have contacted.
7-
-
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat?
❑ Yes ❑X No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
Typically in Coastal regions
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 X❑ No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
NCDEQ maps
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA -designated 100 -year floodplain?
❑ Yes ❑X No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination?
FEMA mapped areas, Franklin County GIS
Cory A. Connell
10/11/2017
Applicant/Agent's Printed Name
Date
pplicant/Agent's Sig ture
(Agent's signature is valid only if an authorization
letter from the appliGant isprovided.)
Page 10 of 10

EDGE OF
PROPERTY BOUNDARY PAVEMENT
WITHIN K.O.W (TYP.)
ROPE
kA
60, PVB``G ------ EXISTING—
RIP-RAP * _
CONCRETE _
PIECES — — — —
EXISTING \
42"
HDPE
PIPE '
PROPERTY
BOUNDARY
(TYP.)
40
NORTH
----------- _-
APPROX.
WETLAND
AREAS
(-REEK
STREAM
BANKS
30' (TYP. )
i
ti 20' (TYP. )
EXISTING
TREES
(TYP. )
HOUSE
BOX
37'x 43'
NOTE5:
I . SITE DATA INCLUDING PROPERTY BOUNDARIES, 5TREAM / 5TREAM
SANK5, AND RIGHT-OF-WAY, PROVIDED 5Y CAWTHORNE, M055,
AND PANCIERA SURVEYING.
2. HOU5E,DRIVEWAY, TREE5, AND ALL OTHER 517E FEATURES ARE
APPROXIMATE.
3. TH15 15 NOT A SURVEY.
=ro est:
CORY CONNELL
PIN: 1842-38-3020
I .OG2 AC.
GRAPHIC SCALE
1"=30'
30' 0 30'
1 027 HOLDEN ROAD
cc I cc
FRANKLIN CO., NC CORY CONNELL ry = 30 cc
eet de: Sheet No.:
FIGURE 3 - EXISTING SITE CONDITIONS 13

PROPERTY BOUNDARY EDGE OF
WITHIN R.O.W (TYP.)—\ PAVEMENT
6�� P ---------- ---- _ _ — —
LID
— REMOVE RIP -RAP f
CONCRETE PIECES;
i
i
i
42" C
i
HDPE i m
PIPE J
OWN,
GO" HDPE
PIPE; USE
FOR BASE
FLOW '
PROPERTY
BOUNDARY
(TyP.)
ADD NEW RIP -RAP J-„
APPROX.
WETLAND
AREAS -REEK
�O
---
�L,�� 20' (TYP. )
REMOVE TREE- ADD EXISTING
Po rrlRni ii nER SANK
O
STREAM
BANKS
ILIZATION TREES
(fYP.) 14P
NORTH
HOUSE
BOX
37'x 43'
SITE DATA INCLUDING PROPERTY BOUNDARIES, STREAM / STREAM BANKS, AND RIGHT-OF-WAY, PROVIDED BY CAWTHORNE, MOSS. AND
PANCIERA SURVEYING.
HOUSE, DRIVEWAY, TREES, AND ALL OTHER SITE FEATURES ARE APPROXIMATE.
THIS 15 NOT A SURVEY
THE UMIT5 OF DISTURBANCE WILL BE KEPT WITHIN THE AREA ALREADY IMPACTED BY THE PREVIOUS CONTRACTOR, WITH THE D(CEPfION OF Trt
UNDERCUT TREE ON THE LEFT BANK UPSTREAM FROM THE CROSSING.
THE WORK DOES NOT REQUIRE AN EROSION CONTROL PERMIT, BUT THE CONTRACTOR WILL TAKE APPROPRIATE EROSION CONTROL MEASURES
TO REDUCE THE POTENTIAL OF ANY OFF-SITE SEDIMENTATION OF DOWNSTREAM WATERS, GROUND COVER (MULCH AND GRA55 SEEDING) HA5
ALREADY BEEN INSTALLED IN THE DISTURBED AREA UPSLOPE FROM THE STREAM.
DEPENDING ON WEATHER CONDITION5'5TREAM FLOW AT THE TIME OF THE NEW CON5TRUCrON A PUMP -AROUND OPERATION MA"
CORY CONNELL
PIN: 1(542-35-3020
I .OG2 AC.
GRAPHIC SCALE
1"=30'
30' 0 30'
1 027 HOLDEN ROADProect
Managr:
eDrawn:
Cc cc
Location: Client: Scale: Field Work:
FRANKLIN CO., NC CORY CONNELL ) ° = 30 cc
FIGURE 4 - PROPOSED CONDITIONS
E''

� U
U o U Ln O u /
N O
yq U y II N
EXISTING SITE CONDITIONS
V> N N
_ (LOOKING DOWNSTREAM) lu
_
I—III
' I I—III—III—III -- =1 11=1 11=1 11=1 11=1 11=1 I I-1 I I– J LL -
o
-III—III—III—III—I I =-----= I- -1 I I-1 I I-1 11=1 11=1 11=1 11=1 I I-1 11=1 I z
''I -111111111111111 = IIIIIIIIIIIIIIIIIIIIIIEldIIIIII�Illlllllilllll�l_I„111,; 111-111-111=1�1 Q o'
1 1 1- 11 C) U
42" HDPE PIPE; APPROXIMATE a/ w
ABOVE X15TING GROUND z O >
STREAM BED APPROXIMATE WATER LEVEL ELEVATION W p
UNDER NORMAL CONDITIONS p o
HOLDEN RD, J w
EDGE OF Q N
PAVEMENT L z O
RIP -RAP TO BE O O
REDUCE DRIVEWAY PLACED AT INLET t N
SLOPE DURING OUTLET ENDS OF
CONSTRUCTION BOTH PIPES — z Lu
PROPOSED SITE CHANGES ° u -
N
_ (LOOKING DOWNSTREAM) _ o LL -
1
n..
_
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-----
GO" HDPE PIPE;
MIN 24" FILL APPROXIMATE NEW
ON TOP MAINTAIN MINIMUM GROUND ELEVATION
18" OF FILL ON
TOP OF 42" PIPE FILL MATERIAL
AND RIP -RAP APPROXIMATE
ARMOR PART OF EXISTING GROUN
PLACED I FOOT 42" HDPE PIPE; THE UP STREAM
BELOW STREAM ACTIVATED DURING PORTION OF ELEVATION
BED HIGH FLOW EVENTS THE DRIVEWAY
APPROXIMATE WATER SIDESLOPE
EVEL UNDER NORMAL
CONDITIONS
GRAPHIC SCALE NOTES:
1 " = 15'
1. ELEVATIONS AND MEASUREMENTS WERE COLLECTED IN THE FIELD
BY CORY CONNELL.
15' a 15' N O IST N
2. PRELIMINARY DRAWING. FEATURES MAY VARY IN THE FIELD.
3. THIS IS NOTA SURVEY.

6
NORTH
SCALE 1 " = 20'
20 10 20
STREAM * BUFFER IMPACT MAP
PROPERTY BOUNDARY
WITHIN R.O.W
D/1 --EDGE OF PAVEMENT
OP
N�
DE
Q\-- j30,0 G 0
6 p P --
i
EXISTING
TREE
Z
IMPACT 4
IMPACT 5
/ TOP OF BANK
IMPACT B
IMPACT I
IMPACT 5j IMPACT 2
IMPACT A �
I M PACT 4
PROPERTY IMPACT 5
BOUNDARY
STREAM IMPACTS
IMPACT
TYPE
LINEAR FEET
REMARKS
WETLAND
PERMANENT
21 FT
CULVERT
B
PERMANENT
32 FT
STABILIZE BANKS
3
TOTAL STREAM IMPACTS
53 FT
BANK
STABILIZATION
PIPE
IMPACT I
IMPACT 5j IMPACT 2
IMPACT A �
I M PACT 4
PROPERTY IMPACT 5
BOUNDARY
STREAM IMPACTS
IMPACT
TYPE
LINEAR FEET
REMARKS
A
PERMANENT
21 FT
CULVERT
B
PERMANENT
32 FT
STABILIZE BANKS
3
TOTAL STREAM IMPACTS
53 FT
BANK
STABILIZATION
BUFFER IMPACTS
IMPACT
TYPE
AREA
REMARKS
I
ZONE I PERMANENT
1, 125 SQFT
DRIVEWAY
2
ZONE I PERMANENT
575 SQFT
CLEARING/STABILIZE
3
ZONE I PERMANENT
125 5QFT
BANK
STABILIZATION
4
ZONE 2 PERMANENT
5G8 SQFT
DRIVEWAY
5
ZONE 2 PERMANENT
495 5QFT
CLEARING/STABILIZE
z
TOTAL BUFFER IMPACTS
2,888 5QFT
0
NOTES:
1. SITE DATA INCLUDING PROPERTY BOUNDARIES, STREAM / STREAM BANKS, AND
RIGHT-OF-WAY, PROVIDED BY CAWTHORNE, MOSS, AND PANCIERA SURVEYING.
2. HOUSE, DRIVEWAY, TREES, AND ALL OTHER 51TE FEATURES ARE APPROXIMATE.
3. THIS IS NOT A SURVEY.
4. THE LIMITS OF DISTURBANCE WILL BE KEPT WITHIN THE AREA ALREADY IMPACTED BY THE
PREVIOUS CONTRACTOR, WITH THE EXCEPTION OF THE UNDERCUT TREE ON THE LEFT BANK
UPSTREAM FROM THE CROSSING.
5. THE WORK DOES NOT REQUIRE AN ER0510N CONTROL PERMIT, BUT THE CONTRACTOR WILL
TAKE APPROPRIATE EROSION CONTROL MEASURES TO REDUCE THE POTENTIAL OF ANY
OFF-SITE SEDIMENTATION OF DOWNSTREAM WATERS. GROUND COVER (MULCH AND
GRASS SEEDING) HAS ALREADY BEEN INSTALLED IN THE DISTURBED AREA UP5LOPE FROM
THE STREAM.
G. DEPENDING ON WEATHER CONDITIONS/STREAM FLOW AT THE TIME OF THE NEW
CONSTRUCTION A PUMP -AROUND OPERATION MAY BE REQUIRED.
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t.a
Water Resources
ENVIRONMENTAL QUALITY
September 14, 2017
CERTIFIED MAIL # 7016 3560 0000 4428 8707
RETURN RECEIPT REQUESTED
Cory A. Connell
1530 Woodfield Creek Drive
Apt. 303
Wake Forest, NC 27587
Dear Mr. Connell:
ROY COOPER
Govmror
MICHAEL S. REGAN
secmtwy
S. JAY ZIMMERMAN
Dtrccror
r�
Subject: NOTICE OF VIOLATION
NOV-2017-PC-0609
Stream Standard Violations
Neuse River Riparian Buffer Violations
Address of Site: 1027 Holden Road, Youngsville
Franklin County
On September 8, 2017, Stephanie Goss from the Raleigh Regional Office (RRO) of the Division of Water
Resources (DWR) received a self-report of a riparian buffer violation at the above referenced site. The
stream onsite is an unnamed tributary to Horse Creek Which is classified as Class WS -IV, Nutrient
Sensitive Waters (NSW) in the Neuse River Basin. The following observations were noted during the site
inspection (See Attachment i for feature designations):
• DWR staff observed the removal of trees and grading in Zone I of the riparian buffer (See
Photographs 1-3).
• DWR staff observed large boulders, rip rap and concrete placed along approximately 25 linear
feet of the stream bank and in Zone 1 of the riparian buffer (See Photographs 1-3).
• DWR staff observed a culvert placed above grade in the streambed which was prohibiting aquatic
passage (see Photograph 4).
As a result of the site inspection, the following violations described below, are noted:
Item I. Neuse River Basin Riparian Buffer
Title 15A North Carolina Administrative Code 02B .0233 (4) of the Neuse River Riparian Buffer Rules
requires that Zones 1 and 2 of the riparian buffer remain in vegetation that is undisturbed except for those
uses provided for in Item (6) of this Rule.
Division of Water Resources, Raleigh Regional Office, Water Quality Operations Section http: portal.ncdenr.org/%vcb.,wq,-aps
1628 Mail Service Center, Raleigh, NC 27699-1628 Phone: [phone]
Location: 3800 Barrett Drive, Raleigh, NC 27609 Fax: [phone]

Item H. Stream Standards -Removal of Use
Title 15A North Carolina Administrative Code 02B .0211 (2) requires that "The waters shall be
suitable for aquatic life propagation and maintenance of biological integrity, wildlife, secondary
recreation, and agriculture; sources of water pollution which preclude any of these uses on either
a short-term or long-term basis shall be considered to be violating a water quality standard.
Item III. Failure to Secure a 401 Certification
Title ISA North Carolina Administrative Code 2H .0501 requires certifications pursuant to Section 401 of
the Clean Water Act whenever construction or operation of facilities will result in a discharge into
navigable waters, including wetlands, as described in 33 CFR Part 323. Title 15A NCAC 2H .0502 states
any person desiring issuance of the State certification or coverage under a general certification required
by Section 401 of the Federal Water Pollution Control Act shall file with the Director of the North
Carolina Division of Water Resources.
• Per our discussion, you confirmed that a Pre -Construction Notification has not been received by
the Division of Water Resources for this project and that a 401 Water Quality Certification has
not been issued.
Requested Response:
You are requested to immediately address the below items in writing within 30 days of receipt of
this letter.
Please submit a Restoration Plan to this office for review and approval. You mentioned you secured a
consultant to assist you with your plan development necessary to achieve compliance. This plan must
address the following locations/areas: Stream A as approximately located on the Attachment 1.
Riparian Buffer Violations Please submit a Riparian Buffer Restoration Plan to this office for
review and approval. This plan must be developed to ensure that at least two native tree species are
planted at a density sufficient to provide 320 trees/acre at maturity. This density is usually achieved
by planting approximately 436 trees/acre on a 10 ft. x 10 ft. grid or 681 trees/acre on an 8 ft. x 8 ft.
grid. This plan must include the types of native woody vegetation selected, methodology of planting,
and a site map indicating the location of the replanting efforts.
2. Erosion control Please address the control measures that will be used for temporary stabilization/
sediment control while this work is under way. Please provide a schedule with dates by which this
work will be completed. As a part of your restoration plan, it is required that you include a permanent
stabilization plan for the disturbed areas.
3. Schedule Please indicate in your response a detailed schedule with dates explaining when the
restoration will be accomplished. This schedule should include a one-year monitoring plan to ensure
that the riparian buffers are restored.
4. Earthen fill All debris (concrete, boulders and rip rap) placed in the stream and on the stream bed
must be removed.
5. Culvert Installation In your response please address the installation of the culvert to ensure it is not
perched inhibiting aquatic life flow.
Note: Please see Attachment 2 to view the required 401 Certification conditions.

Please submit required materials to:
Stephanie Goss
Division of Water Resources
3800 Barrett Drive
1628 Mail Service Center
Raleigh, NC 27699
Environmental damage and violations of North Carolina Administrative Codes have been
documented for the subject site as stated above. Your efforts to undertake activities to bring the
subject site back into compliance is not an admission, rather it is an action that must be taken in order
to begin to resolve ongoing environmental issues.
These violations and any future violations are subject to a civil penalty assessment of up to
$25,000.00 per day for each violation. Should you have any questions regarding these
matters, please contact Stephanie Goss at [phone].
Sincerely,
Danny Smith
Water Quality Regional Operations
Raleigh Regional Office
Attachment 1
cc: DWQ RRO file copy
Bob Zarzecki via e-mail at bzarzeckKIsandec.com

1: RI ra and boulders de osited on the streambed and in Zone 1 of Riparian buffer
T•' .:�►.�j l -tea . -.� '�
Z.
.r r
;ra h 2: Rip rap, boulders and concrete on stream bed and in Zone 1 of the Riparian Buffer
r.
-' _ s
S _
R

ih 4: Culverty laced abovegrade in the streambed
2
_ k
im

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Z1; :w...i'.7�, ft'0.�ial. _ - ;:�YilC.�.� �41.t� }. +,�A::•i+�C..3Y1.' _ , iY1.

Attachment 2: General Water Quality Certification No. 4088
Excerpt from page 6 & 7
11. Culverts shall be designed and installed in such a manner that the original stream profiles are
not altered and allow for aquatic life movement during low flows. The dimension, pattern,
and profile of the stream above and below a pipe or culvert shall not be modified by
widening the stream channel or by reducing the depth of the stream in connection with the
construction activity. The width, height, and gradient of a proposed culvert shall be such as
to pass the average historical low flow and spring flow without adversely altering flow
velocity. (15A NCAC 02H .0506(b)(2) and (c)(2))
Placement of culverts and other structures in streams shall be below the elevation of the
streambed by one foot for all culverts with a diameter greater than 48 inches, and 2(W of the
culvert diameter for culverts having a diameter less than or equal to 48 inches, to allow low
flow passage of water and aquatic life.
If multiple pipes or barrels are required, they shall be designed to mimic the existing stream
cross section as closely as possible including pipes or barrels at flood plain elevation and/or
sills where appropriate. Widening the stream channel shall be avoided.
When topographic constraints indicate culvert slopes of greater than 5%, culvert burial is not
required, provided that all alternative options for flattening the slope have been investigated
and aquatic life movement/connectivity has been provided when possible (e.g. rock ladders,
cross vanes, etc.). Notification, including supporting documentation to include a location
map of the culvert, culvert profile drawings, and slope calculations, shall be provided to DWR
60 calendar days prior to the installation of the culvert.
When bedrock is present in culvert locations, culvert burial is not required provided that
there is sufficient documentation of the presence of bedrock. Notification, including
supporting documentation such as, a location map of the culvert, geotechnical reports,
photographs, etc. shall be provided to DWR a minimum of 60 calendar days prior to the
installation of the culvert. If bedrock is discovered during construction, then DWR shall be
notified by phone or email within 24 hours of discovery.
If other site-specific topographic constraints preclude the ability to bury the culverts as
described above and/or it can be demonstrated that burying the culvert would result in
destabilization of the channel, then exceptions to this condition require application to and
written approval from DWR.

Installation of culverts in wetlands shall ensure continuity of water movement and be
designed to adequately accommodate high water or flood conditions. When roadways,
causeways, or other fill projects are constructed across FEMA -designated fioodways or
wetlands, openings such as culverts or bridges shall be provided to maintain the natural
hydrology of the system as well as prevent constriction of the floodway that may result in
destabilization of streams or wetlands.
The establishment of native woody vegetation and other soft stream bank stabilization
techniques shall be used where practicable instead of rip -rap or other bank hardening
methods.

U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Action ID: SAW -2017-02108 County: Franklin
NOTIFICATION O UNAUTHORIZED ACTIVITY / PERMIT NONCOMPLIANCE
Responsible Party Cory Connell
Address 1530 Woodfield Creek Drive, Apt 303
Wake Forest, North Carolina 27578
Telephone Number ,[phone]
Size and Location of Property (waterbody, Highway name/number, town, etc.):
The approximate 1 acre lot is located at 1027 Holden Road, Youngsville, Franklin County, North Carolina.
Description of Unauthorized Activity / Permit Noncompliance:
The owner installed an approximate 20 linear foot culvert, 40 inches in diameter, within a riffle/pool complex of a
perennial stream channel. The culvert pipe was installed at approximately the same grade as the existing steam bed
and required a Pre -Construction Notification (PCN) prior to installation. Additionally, based on information
provided during the August 25, 2017 site inspection, fill material at and around the culvert had washed away on
several occasions. Nationwide Permit Condition #9 (Management of Water Flows) states that the activity must be
constructed to withstand expected high flows.
Indicate Which of the Following Apply:
X Unauthorized Activity River and Harbor Act, Section 10 (33 USC 403)
Noncompliance with Permit Clean Water Act, Section 301 (33 USC 1311)
Unless you have a Department of the Army Permit for the above described activity, it is a violation of federal law
as specified above. You have agreed to do no further work in waters or wetlands without the required Department
of the Army Permit. Any further unauthorized work in waters or wetlands will be considered an intentional
violation of federal law. If you do no further work in waters and wetlands, and perform the remedial action
requested below, the Corps of Engineers will take no further action in this matter. If you continue to work in
waters and wetlands without the required authorization, and/or fail to perform the requested remedial action, the
Corps will take further administrative action, and may request the U.S. Attorney to file suit against you. if you
need further information about the Corps of Engineers regulatory program, please contact Andrew Williams at
telephone number [phone] ex. 26.
Remedial Action Requested:
Within 30 dates, 1) submit a PCN for verification of an After -the -Fact Nationwide Permit (NWP), including_a
design that will withstand expected high flows, or 2) remove the unauthorized fill. If the responsible party choses
to apply for an After -the -Fact permit, please sign the attached Tolling Agreement.
Your signature acknowledges receipt of this notification. Return a signed copy of this notification to the
Raleigh Regulatory Field Office in the enclosed pre -addressed envelope.
Property Owner / Responsible Party Signature
District Engineer Signature W I -.-� K'L-1�
Robert J. Clark
Colonel, U.S. Army
District Commander
Date October 6, 2017

TOLLING AGREEMENT
WHEREAS, the United States of America, on behalf of the United States Army
Corps of Engineers (Corps) may file a complaint against Cory Connell ("potential
defendant(s)") for, inter alia, alleged violations of Sections 301(a), 309, & 404 of the
Clean Water Act ("MA"), 33 U.S.C. Sections 1311(a), 1319, & 1344 and/or Section 9,
10, or 13 of the Rivers and Harbors Act of 1899, 33 U.S.C. Sections 401, 403, or 407,
and/or Ocean Dumping Act Sections 101 and/or 103 (33 U.S.C. 1411, 1413), at a site
commonly known as 1027 Holden Road, Youngsville, North Carolina which is the
subject of an AFTER -THE -FACT permit application that is identified by the Wilmington
District Regulatory Division as Action ID SAW -2017-02108.
WHEREAS, the purpose of any such complaint would be to obtain appropriate
injunctive relief and to impose appropriate civil or criminal penalties for potential
defendant'(s) alleged violations of the statute(s) cited above;
WHEREAS, the Corps accepted an after -the -fact (ATF) permit application from
the potential defendant(s) in an attempt to settle the above claims;
WHEREAS, both parties believe that their interests will best be served by
continuing the ATF permit process without the disruption that might be occasioned
should the United States file a complaint in the immediate future;
AND WHEREAS both parties acknowledge the requirement found at 33 C.F.R.
331.11(c) for an applicant for an ATF permit to provide a signed tolling agreement;

THEREFORE, the United States and potential defendant(s) stipulate and agree as
follows:
1. The United States and potential defendant(s) agree that the time between the
acceptance by the Corps of the ATF permit application and the final Corps decision (as
defined at 33 CFR 331.10), plus one year thereafter, will not be included in calculating
any statute of limitations that might be applicable to the alleged statutory violation(s)
described above. Potential defendants agree not to assert, plead, or raise in any fashion
on behalf of any party, whether by answer, motion, or otherwise, any defense or
avoidance based on the running of any statute of limitations that may apply during that
period or any defense or avoidance based on laches or other principle concerning the
timeliness of commencing a civil action, based on the failure of the United States to file
its complaint during that period.
2. Potential defendants further agree not to transfer the property in question
during the pendency of this tolling agreement nor during the pendency of any civil action
brought as described above, without first notifying the United States and giving the
United States a reasonable opportunity to oppose such transfer.
3. Nothing in this tolling agreement shall restrict or otherwise prevent the
United States from filing a complaint regarding any alleged statutory violation(s) not
described above, at any time.
4. This tolling agreement does not constitute any admission of liability on the
part of potential defendants; nor does it constitute any admission or acknowledgment on
the part of the United States that any statute of limitations has run or that any statute of
limitations is applicable to the statutory claims described above.
5. This tolling agreement contains the entire agreement between the parties, and
no statement, promise or inducement made by any party to this agreement, or any agent
of such parties, that is not set forth in this agreement shall be valid or binding. This

tolling agreement may not be enlarged, modified or altered except in writing signed by
the parties. This tolling agreement may be executed in counterparts.
FOR the United States of America:
Susan K. Weston
District Counsel
Wilmington District
U.S. Army Corps of Engineers
FOR ("potential defendant(s)")
Co onnell
Date
Date