20040429 Ver 1_Complete File_20040504

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Micaaet r. rasiey, vovemor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
May 4, 2004
Nash County
DWQ Project #: 04-0429
APPROVAL OF 401 Quality Certification, ADDITIONAL CONDITIONS and Tar-Pamlico River
Norman Davis
410 Woodfield Drive
Nashville, NC 27856
Dear Mr. Davis:
You have our approval in accordance with the attached conditions and those listed below, to place fill
material in 0.095 acres of successional fringe, 0.11 acres pond fill, or 0.02 acres of buffers for the
purpose of residential development at Birchwood Drive Site, as you described in your application dated
March 12, 2004 and received by the NC Division of Water Quality (DWQ) on March 19, 2004. After
reviewing your application we have decided, this fill is covered by General Water Quality Certification
Number 3402. This certification allows you to use Nationwide Permit Number 39 when the Corps of
Engineers issues it. This approval is also valid for the Tar-Pamlico River buffer rules (15A NCAC 2B
.0259). In addition, you should get any 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-
Discharge and Water Supply Watershed regulations. This approval will expire when the
accompanying 404 or CAMA permit expires unless otherwise 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 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 wetland fills for this
project (now or in the future) exceed one acre, compensatory mitigation may be required as described in
15A NCAC 211.0506 (h) (6) and (7). This approval shall expire when the corresponding Nationwide
Permit expires or as otherwise provided in the General Certification. For this approval to be valid, you
must follow the conditions listed in the attached certification and any additional conditions listed below.
Conditions of Certification:
Diffuse Flow (DWQ Review Required) - An additional condition is that all constructed stormwater
conveyance outlets shall be directed to flow in a diffuse manner at non-erosive velocities through the
entire protected stream buffers without re-concentrating. If this is not possible it may be necessary to
provide stormwater facilities that are considered to remove nitrogen. Additionally, a stormwater
management plan for this project shall be provided to this Office before any of the impacts approved
herein are conducted. The plan shall specify all stormwater discharge points, plan details, and

N. C. Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
[phone] (phone), 919-733-6893 (fax), (http://h2o.enr.state.ne.ustncwetlands
Page 2
Mr. Davis
May 4, 2004
calculations to indicate that diffuse flow through the protected buffers or nitrogen removal as described
above will be achieved.
2. 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 401/Wetlands Unit, 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. This Certification shall become null and void unless the above
conditions are made conditions of the Federal 404 and/or coastal Area Management Act Permit.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing.
You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a wri tten
petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of
Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its
conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act. If you have any questions, please telephone John Dorney.at 919-733-9646 or Bob Zarzecki at 919-
733-9726.
. Sincerely,
Attachment
cc: Wilmington District Corps of Engineers.
Corps of Engineers Raleigh Field Office
Raleigh DWQ Regional Office
File Copy
Central Files
I
ek, P.E., Di ctor
?OF WATF9p Michael F. Easley, Governor
William G. Ross Jr., Secretary
?O G North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Division of Water Quality
"? Coleen H. Sullins, Deputy Director
Division of Water Quality
March 25, 2004
Nash County
DWQ Project #: 04-0429
APPROVAL OF 401 Quality Certification, ADDITIONAL CONDITIONS and Tar-Pamlico River
Norman Davis
410 Woodfield Drive
Nashville, NC 27856
Dear Mr. Davis:
You have our approval in accordance with the attached conditions and those listed below, to pla fill
material in 0.095 acres of successional fringe, 0.11 acres pond fill, or 0.02 acres of buffers for e
purpose of residential development at Birchwood Drive Site, as you described in your appli tion dated
March 12, 2004. After reviewing your application we have decided, this fill is covered b General
Water Quality Certification Number 3402. This certification allows you to use Nation ide Permit
Number 39 when the Corps of Engineers issues it. This approval is also valid for th ar-Pamlico River
buffer rules (15A NCAC 2B .0259). In addition, you should get any other federal, tate or local permits
before you go ahead with your project including (but not limited to) Sedime/aErosion Control,
Coastal Stormwater, Non-Discharge and Water Supply Watershed regulatiois approval will
expire when the accompanying 404 or CAMA permit expires unless oth e specified in the
General Certification.
This approval is only valid for the purpose and design that you desch d in your application except as
modified below. If you change your project, you m/ertification. s an you may be required to send us a
new application. If the property is sold, the new oe ven a copy of this Certification and
approval letter and is thereby responsible for compconditions. If total wetland fills for this
project (now or in the future) exceed one acre, comitigation may be required as described in
15A NCAC 2H.0506 (h) (6) and (7). This approvae when the corresponding Nationwide
Permit expires or as otherwise provided in the Genation. For this approval to be valid, you
must follow the conditions l isted in the attached ce nd any additional conditions listed below.
Conditions of Certification:
1. An additional condition is at stormwater shall be directed to sheetflow at non=erosive
velocities through the p ected stream buffers.
2. Upon completion of work approved within the 401 Water Quality Certification or
applicable Buffer ules, and any subsequent modifications, the applicant is required to
return the attac d certificate of completion to the 401/Wetlands Unit, North Carolina
Division of ater Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
7 E4i
N. C. Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
[phone] (phone), 919-733-6893 (fax), (http://h2o.enr.state.nc.us/ncwetiands
Page 2
Mr. Davis
March 25, 2004
Vio tions of any condition herein set forth may result in revocation of this Certification and may result
in cri \ae r civil penalties. This Certification shall become null and void unless the above
condide conditions of the Federal 404 and/or coastal Area Management Act Permit.
If yoept any of the conditions of this certification, you may ask for an ad judicatory hearing.
You hin 60 days of the date that you receive this letter. To ask for a hearing, send a written
petitionforms to Chapter 150B of the North Carolina General Statutes to the Office of
Admearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its
condiand binding unless you ask for a hearing.
This letter completes 4
Act. If you have any q
733-9726.
review of the Division of Water Quality under Section 401 of the Clean Water
stions, please telephone John Dorney at 919-733-9646 or Bob Zarzecki at 919-
Sincerely,
Attachment
cc: Wilmington District Corps of Engine
Corps of Engineers Raleigh Field Of
Raleigh DWQ Regional Office
File Copy
Central Files
i a
.tab (? p9 i a}I'?„_
??? MAR ,? 9 2004
' Nationwide Permit 39 Application
For the Birchwood Drive Site ? ^., ? ? '.i VA tw4
' 1.0 Location
The project study area is located just south of the town of Nashville in Nash County,
I North Carolina, at the intersection of Birchwood Drive and Old Wilson Road, east of
Highway 58. A general location map is attached depicting the project site on the
Nashville, NC, United States Geological Survey, (USGS 1974) 7.5-minute topographic
' quadrangle. The total size of the area to be disturbed is approximately 5.78ac. The
applicant is proposing to develop 18 single family lots upon this undeveloped parcel of
land.
' 2.0 Existing Site Conditions
[,I F3J
' Plant Communities LI
Existing plant communities that occur in the project study area include: a forested
wetland area and an agricultural field. The forested wetland consists of black gum
(Nyssa sylvatica), tulip poplar (Liriodendron tulipifera), red maple (Acer rubrum), sweet
pepperbush (Clethra alnifolia), Virginia willow (Itea virginica), wax myrtle' (Myrica
I cerifera), lizard's tail (Saururus cemuus), and netted chain-fern (Woodwardia areolata).
Vegetation in and around the excavated pond includes black willow (Salix nigra), red
maple, duckweed (Lemna sp.), and cattail (Typha latifolia). The agricultural field is a
' partially maintained pasture of various grass species.
Soils
The Soil Survey of Nash County, North Carolina (USDA 1989) indicates two soil
mapping units occurring within the project study area: Rains fine sandy loam, and
Norfolk-Urban land complex. The poorly drained Rains soils occur near the irrigation
pond and the forested wetland. Rains fine sandy loam is considered a hydric soil. The
Norfolk-Urban soils are well drained and consist of urban disturbed land and
' undisturbed areas. Norfolk-Urban land complex is considered a non-hydric soil. A copy
of the soil map is included with this submittal.
Water Resources and Hvdrolo
The project study area is located within the Tar-Pamlico River Basin. The project study
' area contains a small man-made irrigation pond near the eastern boundary. Hydrology
within the site appears to be influenced primarily by stormwater runoff and precipitation.
' There are no jurisdictional stream features on site. The irrigation pond is not subject to
the buffer rules; however a large pond located off-site and to the east of the project
study area is subject to the buffer rules. The 50-foot riparian buffer does extend into a
small portion of the project study area near lots 7 and 8.

' Wetlands
There is a forested wetland along the eastern boundary of the project study area
' between the irrigation pond and the off-site pond. A stream channel also occurs just
outside the eastern boundary and partially contributes to the wetland's hydrology.
Groundwater and upland runoff may influence this wetland to a lesser extent.
' Environmental Services, Inc. (ESI) delineated the jurisdictional wetland pursuant to the
1987 Corps of Engineers Wetland Delineation Manual (DOA 1987). Mr. Kevin Yates of
the Corps of Engineers (COE) verified the delineated wetland during an on-site
' inspection conducted on November 25, 2003. A copy of the verified wetland plat and
jurisdictional determination is included.
' 3.0 Proposed Site Conditions
The applicant is proposing to develop 18 private, single family lots on the undeveloped
' parcel. The applicant is proposing to fill in the small irrigation pond (0.11 ac) to eliminate
any potential safety hazards. Less than 0.10ac of jurisdictional wetland fringe is also
proposed to be filled to allow for the necessary setbacks for 2 lots (lots 17 and 18).
' 4.0 Environmental Consideration
' Section 404 and 401 Permits
The applicant is applying for a Section 404 permit from COE. The project meets the
' criteria established by Nationwide Permit 39 (NWP 39) as regulated by COE pursuant to
Section 404 of the Clean Water Act. The project also appears to meet Section 401
State Water Quality certification standards.
' Section 404(b) Guidelines requires the applicant to demonstrate avoidance,
minimization, and mitigation of jurisdictional wetland impacts. The applicant cannot
' completely avoid wetlands on the project site and the present design has attempted to
minimize wetland impacts as much as possible. The purpose and need of the applicant
can not be met if the necessary setback can not be met on lots 17 and 18. The
' proposed wetland fill is necessary to make these lots usable. Avoidance and
minimization has been demonstrated throughout the rest of the project study area. The
proposed, wetland impact on the project site is approximately 0.095ac.
Open-water impacts to the man-made pond amount to 0.11 ac.
'
1 Riparian Buffer Rules
The project site is located within the Tar-Pamlico River Basin. Mr. Mike Horan of the
' NC Division of Water Quality (DWQ) reviewed the man-made pond on October 27,
2003. It was determined to be Not Subject to the buffer rule. A copy of DWQ's letter is
enclosed. The off-site pond is subject to the buffer rules currently in place for this river
t basin. While the pond is not within the project study area, the pond's riparian buffer

' does extend into a small portion of the project study area. Approximately 914 square
feet of Zone 2 of this buffer is proposed to be cleared on lots 7 and 8. This activity
should be exempt from the buffer rule. Zone 1 will remain undisturbed.
' Cultural Resources
Use of a Section 404 permit also requires coordination through the State Historic
Preservation Office (SHPO) to determine if cultural or archaeological resources are
known from the project site or are expected to occur. Mr. Scott Seibel, a Registered
Professional Archaeologist with ESI, submitted a letter to SHPO on September 22,
2003. SHPO replied via a letter dated November 6, 2003 and indicated that they are
aware of no historic resources that would be affected by the. project. A copy of this
letter is enclosed with this submittal.
Federal Threatened and Endanaered Species
¦ The most recent list published by the US Fish and Wildlife Service (USFWS) is dated
January 29, 2003 and contains a list of the Threatened and Endangered species that
' have ranges that extend into Nash County. These species include the red-cockaded
woodpecker (Picoides borealis), dwarf wedgemussel (Alasmidonta heterodon), and the
Tar spinymussel (Elliptio steinstansana). A review of the records kept by the N.C.
' Natural Heritage Program (NHP) on September 15, 2003 revealed no known
occurrences of the red-cockaded woodpecker or the Tar spinymussel within 3.0 miles of
the project study area. One occurrence of the dwarf wedgemusel was documented
' within 3.0 miles of the project study area in Stony Creek west of the town of Nashville.
A habitat assessment revealed no suitable habitat in the project study area for red-
cockaded woodpecker, dwarf wedgemussel, or the Tar spinymussel. Biological
Conclusion --- No Effect
Federal Species of Concern
The January 29, 2003 USFWS list also includes a category of species designated as
r Federal species of concern (FSC). The FSC designation provides no federal
'
protection under the ESA for the species listed. NHP documents three occurrences of
FSC within 3.0 miles of the project site, yellow lance (Elliptio lanceolata), yellow
' lampmussel (Lampsillis cariosa), and the pinewoods shiner (Lythrurus matutinus). All
three of these FSC species were documented in Stony Creek to the east and west of
the town of Nashville. There are no suitable habitats in the project study area for these
' three FSC species, therefore no detrimental effects are anticipated.
State Protected Species
' Plant and animal species which are on the North Carolina state list as Endangered (E),
Threatened (T), or Special Concern (SC), receive limited protection under the North
' Carolina Endangered Species Act (G.S. 113-331 et seq.) and the North Carolina Plant
Protection Act of 1979 (G.S. 106-202 et seq.).
t

' NHP documents four occurrences of state protected species within 3.0 miles of the
project site, the Neuse River waterdog (Necturus lewist), triangle floater (Alasmidonta
undulata), Squawfoot (Strophitus undulatus), and the notched rainbow (Villosa
constricta). All four of these state protected species were documented in Stony Creek
to the east and west of the town of Nashville. There are no suitable habitats in the
' project study area for these four state protected species, No impact to this community
type will result from project construction, therefore, no detrimental effects are
anticipated to them.
5.0 Conclusion
' Eighteen single family lots are proposed on the undeveloped site. The applicant is
proposing to fill <0.10 acre (0.095ac) of successional wetland fringe and 0:11 ac of open
water. The open water impact is to a man-made irrigation pond and is necessary for
' safety reasons.
No impacts to protected species will occur. Approximately 914 square feet of Zone 2
' within the Tar-Pamlico buffer will be impacted. Affects on the environment are minimal
and comply with Section 401 and 404 allowable uses and permitting regulations.

n

I
I
Office Use Only: Form Version May 2002
USACE Action ID No. DWQ No.
kit any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1 1.
Processing
Check all of the approval(s) requested for this project:
0 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: 39
' 3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not re
uired
check here: ?
q
,
' 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 Area of
' Environmental Concern (see the top of page 2 for further details), check here: ?
II. Applicant Information
' 1. Owner/Applicant Information
Name: Norman Davis
Mailing Address: 410 Woodfield Drive
' Nashville NC 27856
' Telephone Number: 252-903-8600 Fax Number: 252-442-0239
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: Mike Stocks P.E.
' Company Affiliation: Stocks Engineering, P.A.
Mailing Address: P.O. Box 1108
Nashville NC 27856
' Telephone Number: 252-459-8196 Fax Number: 252-459-8197
E-mail Address: [e-mail]

Page 5 of 5

' 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: Birchwood Drive Site: 18 single family lots
' 2. T.I.P. Project Number or State Project Number (NCDOT Only):
' 3. Property Identification Number (Tax PIN):
4. Location
' County: Nash Nearest Town: Nashville
Subdivision name (include phase/lot number): Birchwood Village
Directions to site (include road numbers, landmarks, etc.): From Nashville: take Hwy 58
' South until it becomes South First Street. South First Street crosses a set of railroad tracks
after the tracks turn left on East Birchwood Drive near the Nashville Praise and Worship
Church. Turn left at the East Birchwood Drive/ Old Wilson Road intersection. Site is on the
' ri ght
5. Site coordinates, if available (UTM or Lat/Long): N35.96398° W077.95700°
' (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.)
' 6. Property size (acres): 5.78ac
7. Nearest body of water (stream/river/sound/ocean/lake): Unnamed Tributary to Stony Creek
1
8. River Basin: Tar-Pamlico River Basin
(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.ne.us/admin/mqps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
' at the time of this application: The site is currently undeveloped and consists of a
' Page 6 of 6

t maintained pasture with small trees and shrubs surrounding an approximate 0.11 ac irrigation
pond There is a linear wetland that runs along the eastern boundary of the project site
toward an offsite pond The site is surrounded by low density residential development.
' 10. Describe the overall project in detail, including the type of equipment to be used:
Develop residential lots on the property and to fill in the small pond on the property to
' eliminate any potential safety hazards Typical construction equipment, backhoes, etc.
' 11. Explain the purpose of the proposed work:
Fill the abandoned irrigation pond for safety reasons and to facilitate the construction of two
private, single family lots.
' 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.
US Arm Co s of Engineers site visit: November 25, 2003 Action ID # 200420318
' Approved jurisdictional determination December 30, 2003 Action ID # 200420318
DWQ Riparian Buffer Review on October 27, 2003 DWQ # NBR 03-234
' 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.
' N/A
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
' Paae 7 of 7

' 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
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:
' Fill an approximate 0 11 ac man-made irrigation pond
Fill ?!pproximately 0 095ac of successional wetland along the fringe of a linear forested wetland.
2. Individually list wetland impacts below:
I
Wetland Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres) Located within
100-year Floodplain**
(es/no) Distance to
Nearest Stream
(linear feet)
Type of Wetland***
1 Fill 0.095ac +/- 740' successional fringe

_J a _L_ ..,7 ..1.. nai f!l
* List each impact separately and identity temporary impacts. impacts inciuae, vut are uvi u1uiicu LO. u,c..ucu..c ...?.. ...s• s -?• t,
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 1-800-358-9616, or
' online at httQ//%vww.fema.gov.
*** List a wetland type that best describes wetland to be impacted (e.g., 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: 0.52ac
Total area of wetland impact proposed: 0.095ac

I
I
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact
Site Number
(indicate on ma)
Type of Impact* Length of
Impact
(linear feet)
Stream Name* * Average Width
of Stream
Before Impact Perennial or
Intermittent?
(please secify)

l d ted ri -rap
List each impact separately and identify temporary impacts. Impacts include, but are not limited to. cu vents an assoc?a p ,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),

Page 8 of 8

' 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
' wtivw.uses. eov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.mapouest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site:
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 ma
Pond 1
Type of Impact*

Fill Area of
Impact
(acres)

0.11 Name of Waterbody

(if applicable)

N/A Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.)

Irrigation pond

_. .• •.? , -- a a
* List each impact separately and identity temporary impacts. ?mpacis uiciuuc, VUL a,c ROL .H...- VV.
flooding, drainage, bulkheads, etc.
1 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.): N/A
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
' local stormwater requirement, etc.): N/A
Size of watershed draining to pond: N/A Expected pond surface area: N/A
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 alternative, 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 0 095ac wetland impact is for residential housing construction. No other wetlands will be
impacted The 0 11 ac pond is to be filled for safety reasons The impacts are necessary for the
qpplicant'spurpose and need to be met All remaining Section 404 wetlands have been avoided
' and will remain undisturbed.
Page 9 of 9

' VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
t 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.

F

F
C
F

fl

0

0
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 functions 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
hltp://h2o.enr.state.nc.us/ncwetlands/stnn.gide.html.
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.
None proposed
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
[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/wrp/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):
Page 10 of 10
11

' Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
' IX. 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 ? 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)?
t 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 213 .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:
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.

G'

L
Zone* Impact
(square feet) Multiplier Required
Mitigation
1 3
2 914 1.5
Total
* Zone 1 extends out 3U teet perpendicular trom near banK of Channel; /-one z exrenas an
additional 20 feet from the edge of Zone 1.
Page 11 of I 1

J
I
7

I

7

7

If 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.
This activity is exempt.
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.
Total impervious area included street and approximate built upon area for each lot.
Site = 5.78ac 23% Impervious
The stormwater will be handled by the following: Outlet structures taking street runoff will
discharge across a rip-rap dissipater pad and then sheet flow into a natural wetland area. One
additional drainage structure will sheet flow through 75' of a wetland area before reaching an
off-site pond.
Information obtained from the project engineer.
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.
Town of Nashville sanitary sewer system.
XIII. 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
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
Page 12 of 12

1
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).
N/A
,pplicant/Agent's Signature Date
signature is valid only if an authorization letter from the applicant is provided.)

Page 13 of 13
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U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Action ID: 200420318 County: Nash
NOTIFICATION OF JURISDICTIONAL DETERMINATION

I
I
I

Property
Owner Norman Davis
Address 410 Woodfield Drive
Nashville, NC 27856
Telephone Number
Authorized
Agent Environmental Services. Inc..
Attn: Jeff Harbour
Address 524 New Hope Road
Raleigh, NC 27610
Telephone Number 919-212-1760
Size and Location of Property (waterbody, Highway name/number, town, etc.): The property is
located on the north side of Birchwood Drive, adjacent to Birchwood Meadows (section 1), approximately
2/10 of a mile from its intersection with NC Hwy. 58, adjacent to Stony Creek in Nashville, Nash County,
North Carolina.
. Basis for Determination: Based on a field visit conducted by Kevin Yates on November 25, 2003.
Indicate Which of the Following Apply:
There are waters of the U.S., to include wetlands, on the above described property which we strongly suggest
should be delineated and surveyed. The surveyed wetland lines must be verified by our staff before the Corps will
make a final jurisdictional determination on your property.
Because of the size of your property and our present workload, our identification and delineation of your wetlands
cannot be accomplished in a timely manner. You may wish to obtain a consultant to obtain a more timely
delineation of the wetlands. Once the consultant has flagged a wetland line on the property, Corps staff will
review it, and, if it is accurate, we strongly recommend that you have the line surveyed for final approval by the
Corps. The Corps will not make a final jurisdictional determination on your property without an approved survey.
X The waters of the U.S., to include wetlands, on your lot have been delineated, and the limits of the Corps
jurisdiction have been explained to you. Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
There are no waters of the U.S., to include wetlands, present on the above described property which are subject to
the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law
or our published regulations, this determination may be relied upon for a period not to exceed five years from the
date of this notification.
* Note: In future, please place vicinity map on plat. *
Placement of dredged or fill material in wetlands on this property without a Department of the
Army Permit is in most cases a violation of Section 301 of the Clean Water Act (33 USC 1311). A
permit is not required for work on the property restricted entirely to existing high ground. If you
have any questions regarding the Corps of Engineers regulatory program, please contact
Kevin Yates at telephone number_ (919) 876 - 8441 extension 30
Project Manager Signature /
Date- December 30, 2003 iration Date December 30 2007
SURVEY PLAT OR FIELD SKETCH OF THE DESCRIBED PROPERTY AND THE WETLAND
DELINEATION FORM MUST BE ATTACHED TO THE YELLOW (FILE) COPY OF THIS FORM.

' Applicant: Norman Davis
Attached is: File Number: 200420318 Date: 12-30-03
' INITIAL PROFFERED PERMIT Standard Permit or Letter of permission) See Section below
PROFFERED PERMIT Standard Permit or Letter of ermission)
PERMIT DENIAL B
X APPROVED JURISDICTIONAL DETERMINATION C
PRELIMINARY JURISDICTIONAL DETERMINATION D
E
' s k ? Ana er n n :x
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
' • ACCEPT: If you received a Standard Permit you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
' signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights
to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that
' the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer.
Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right
to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a)
' modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify
the permit having determined that the permit should be issued as previously written. After evaluating your objections, the
district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below.
' B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
' signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights
to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you
' may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this
form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the
date of this notice.
' C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process
by completing Section II of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
' D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the ap roved JD or
provide new information. p
' • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative
' Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received
by the division engineer within 60 days of the date of this notice.
' E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps
regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an
approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may
' provide new information for further consideration by the Corps to reevaluate the JD.

REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an
initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons
or objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the
record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However,
you may provide additional information to clarify the location of information that is already in the administrative record.
have
this decision
the appeal If you only have questions regarding the appeal process you may
also contact:
Mr. Arthur Middleton, Administrative Appeal Review Officer
CESAD-ET-CO-R
U.S. Army Corps of Engineers, South Atlantic Division
60 Forsyth Street, Room 9M 15
Atlanta, Geor is 30303 8801
process you may contact:
Mr. Kevin Yates, Regulatory Specialist
Raleigh Regulatory Field Office
6508 Falls of the Neuse Road, Suite 120
Raleigh, North Carolina 27615
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
I consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day
notice of any site investigation, and will have the opportunity to participate in all site investigations.

Signature of appellant or anent.
DIVISION ENGINEER:
Commander
U.S. Army Engineer Division, South Atlantic
60 Forsyth Street, Room 9M15
Atlanta, Georgia 30303-3490
Date:
Telephone number:
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November 6, 2003
Environmental Services, Inc.
' C/o Jeff Harbour
524 New Hope Road
Raleigh, N.C. 27610
' Subject: Property located at Old Wilson Road & Birchwood Drive
Unnamed Tributrary to Stoney Creek
Nashville, Nash County
' NBR 03-234
Dear Mr. Harbour:
On October 27, 2003, Mr. Mike Horan of the Division Of Water Quality (Central Office)
conducted an on-site. determination to review two possible pond features located on the
' subject property for applicability to the Tar-Pamlico Buffer Rules (15A NCAC 213 .0259).
The features are labeled as A and B on the attached map initialed by Mr. Horan.
' During his site visit, the features represented on the Nash County Soils and the Nashville USGS
topographic maps were evaluated to determine their subjectivity to.the Rule. It was determined
that there are two ponds represented as streams on the USGS map for this property and an
additional stream feature depicted on the soils map. Mr. Horan evaluated the ponds and
' determined that feature "A" was possibly an old irrigation and/or aesthetic pond that was
constructed some time ago. Feature "B" is a pond and is connected to the unnamed tributary.
Therefore it was determined that the pond labeled as A on the attached map is not subject to
' the Tar-Pamlico Buffer Rule. Feature B is subject to the Tar-Pamlico River Basin: Nutrient
Sensitive Waters Management Strategy; Protection and Maintenance of Existing Riparian
Areas, Administrative Code 15A:20B.0259. It should be noted that the associated buffers
' should be identified on any future plans for this property.
This letter addresses only those issues involving the riparian area. For information relative to
' other impacts, 401/404, or wetland issues, please contact Mr. John Dorney at 919-733-1786.
Thank you for your attention to this matter and if this Office can be of any other assistance or if
you have additional questions, please do not hesitate to contact me at 919-571-4700.
' Since ly
' Steve Mitchell
Environmental Scientist
Cc: Mike Stocks, 802-B East Washington St., Nashville, NC 27856
' Mike Horan
RRO File
Central Files
Raleigh Regional Office 1628 Mail Service Center NDENR phone [phone] Customer Service
' Water Quality Section Raleigh, NC 27699-1628 facsimile [phone] 1-877-623-6748
micnaei r. tasiey, uovemor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Colleen H. Sullins, Deputy Director
Division of Water Quality

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North Carolina Department of Cultural Resources
State Historic Preservation Office
David L. S. Brook, Administrator
Michael F. Easley, Governor
Liabeth C. Evans, Secretary
Jeffrey J. Crow, Deputy Secretary
Office of Archives and History
November 6, 2003
Scott Seibel, RPA
Archaeologist/Senior Scientist
Environmental Services, Inc.
524 New Hope Road
Raleigh, NC 27610
Division of Historical Resources
Re: Proposed Construction of Single Family Lots on the Birchwood Drive Site Off
NC 58, Nashville, Nash County, ER03-2606
Dear Mr. Seibel:
Thank you for your letter of September 22, 2003, concerning the above project
We have conducted a review of the proposed undertaking and are aware of no historic
resources which would be affected by the project. Therefore, we have no comment on the
undertaking as proposed.
The above comments are trade pursuant to Section 106 of the National Historic Preservation
' Act and the Advisory Council on Historic Preservation's Regulations for Compliance with
Section 106 codified at 36 CFR Part 800.
' Thank you for your cooperation and consideration. If you have questions concerning the
above comment, please contact Renee Gledhill-Earley, environmental review coordinator, at
919/733-4763. In all future communication concerning this project, please cite the above-
referenced tracking number.
Sincerely,
avid Brook
www.hpo.dcr.state.nc.us
Loatioo Mailiog Address Telepboae/Fax
'IYISTRATION 507 N. Blount St, Raleigh NC 4617 Mail Service Center, Raleigh NC 276994617 (919) 7334763 •733-8653
)RATION 515 N. Blount St. Raleigh NC 4617 Mail Service Center, Raleigh NC 27699-4617 [phone] •7154801
& PLANNING 515 N. Blount St, Raleigh NC 4617 Mail Service Center, Raleigh NC 276994617 [phone] •7154801