HomeMy WebLinkAbout20051699 Ver 1_Complete File_20051018oF WA
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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
October 18, 2005
Boyette Farms
6127 NC Highway 42W
Wilson, NC 27893
Subject Property:
Pennington Place Subdivision
Contentnea Creek [030407,27-86-(1), WSV, NSW]
Approval of 401 Water Quality Certification with Additional Conditions
Ladies and Gentlemen:
Alan W. Klimek, P.E. Director
Division of Water Quality
DWQ Project # 05-1699
Wilson County
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 115 linear feet of streams and 11,831 square feet (ft) (7,237 square feet of
Zone 1, and 4,594 square feet of Zone 2) of protected Neuse River basin riparian buffers for the purpose
of constructing Armetus Road at the subject property, as described within your application dated
September 5, 20005, and received by the N.C. Division of Water Quality (DWQ) on September 6, 2005,
with more information received by DWQ on October 11, 2005. After reviewing your application, we
have decided that the impacts are covered by General Water Quality Certification Number(s) 3404
(GC3404). The Certification(s) allows you to use Nationwide Permit(s) NW 14 when issued by the US
Army Corps of Engineers (USACE). This letter shall also act as your approved Authorization Certificate
for impacts to the protected riparian buffers per 15A NCAC 213 .0233. In addition, you should obtain or
otherwise comply with any other required federal, state or local permits before you go ahead with your
project including (but not limited to) Erosion and Sediment Control, and Non-discharge regulations.
Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as
depicted in your application shall expire upon expiration of the 404 or CAMA Permit.
This approval is for the purpose and design that you described in your application. If you change your
project, you must notify us and you may be required to send us a new application. If the property is sold,
the new owner must be given a copy of this Certification and approval letter and is thereby responsible for
complying with all conditions. If total fills for this project (now or in the future) exceed one acre of
wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A
NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
401 Oversight/Express Review Permits Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: 919.733-1766 / FAX 919.733-6893 / Internet: http://h2o.enr.state.nc.us/ncwetlands
None Carolina
Atura!!y
An Equal Opportunity/Affirmative Action Employer -500% Recycled1100/6 Post Consumer Paper
Boyette Farms
Page 2 of 3
October 18, 2005
Amount Approved nits Plan Location or Reference
Stream 115 linear feet PCN pages 7 and 9 of 13
Buffers Zone 1 7,237 (square ft. PCN pages 7 and 12 of 13
Buffers Zone 2 4,594 (square ft. PCN pages 7 and 12 of 13
2. Erosion and sediment control practices must be in full compliance with all specifications governing
the proper design, installation and operation and maintenance of such Best Management Practices in
order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual. The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor-owned or leased borrow pits associated with the project.
C. Sufficient materials required for stabilization and/or repair of erosion control measures and
stormwater routing and treatment shall be on site at all times.
3. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent
practicable. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, they shall be removed and the natural grade restored within six months of the date that the
Division of Land Resources has released the project;
4. Protective Fencing - The outside buffer, wetland or water boundary and along the construction corridor
within these boundaries approved under this authorization shall be clearly marked with orange warning
fencing (or similar high visibility material) for the areas that have been approved to infringe within the
buffer, wetland or water prior to any land disturbing activities to ensure compliance with 15A NCAC
2B .0233 and GC 3404;
5. Diffuse Flow (No Review)
All constructed stormwater conveyance outlets shall be directed and maintained as diffuse flow at
non-erosive velocities through the protected stream buffers such that it will not re-concentrate
before discharging into a stream as identified within 15A NCAC 2B .0233 (5). If this is not
possible, it may be necessary to provide stormwater facilities that are considered to remove .
nitrogen. This may require additional approval from this Office.
6. Culvert Installation
Culverts required for this project shall be installed in such a manner that the original stream profiles
are not altered. Existing stream dimensions (including the cross section dimensions, pattern, and
longitudinal profile) must be maintained above and below locations of each culvert. Culverts shall
be designed and installed to allow for aquatic life movement as well as to prevent head cutting of
the streams. If any of the existing pipes are or become perched, the appropriate stream grade shall
be re-established or, if the pipes installed in a perched manner, the pipes shall be removed and re-
installed correctly.
Culvert(s) shall not be installed in such a manner that will cause aggradation or erosion of the
stream up or down stream of the culvert(s). Existing stream dimensions (including the cross section
Boyette Farms
Page 3 of 3
October 18, 2005
dimensions, pattern and longitudinal profile) shall be maintained above and below locations of each
culvert. Therefore, you must provide plans with adequate details that indicate that the current
stability of the stream will be maintained or enhanced. You must receive written approval from this
Office for the above plans before the culvert(s) is installed. Culvert(s) must be installed according
to approved plans.
Placement of culverts and other structures in waters, streams, and wetlands must be placed below
the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches,
and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow
low flow passage of water and aquatic life. Design and placement of culverts and other structures
including temporary erosion control measures shall not be conducted in a manner that may result in
dis-equilibrium of wetlands or streambeds or banks, adjacent to or upstream and down stream of the
above structures. The applicant is required to provide evidence that the equilibrium shall be
maintained if requested in writing by DWQ.
The establishment of native, woody vegetation and other soft stream bank stabilization techniques
must be used where practicable instead of rip rap or other bank hardening methods. If rip-rap is
necessary, it shall not be placed in the stream bed, unless specifically approved by the Division of
Water Quality.
Installation of culverts in wetlands must ensure continuity of water movement and be designed
to adequately accommodate high water or flood conditions.
Upon completion of the project, the Applicant shall complete and return the enclosed "Certificate of
Completion" form to notify NCDWQ when all work included in the §401 Certification has been'
completed. The responsible party shall complete the attached form and return it to the
401/Wetlands Unit of the NC Division of Water Quality upon completion of the project. Please
send photographs upstream and downstream of each culvert site to document correct installation
along with the Certificate of Completion form.
7. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond
the footprint of the impacts depicted in the Pre-Construction Notification. All construction
activities, including the design, installation, operation, and maintenance of sediment and erosion
control Best Management Practices, shall be performed so that no violations of state water quality
standards, statutes, or rules occur.
8. No Sediment & Erosion Control Measures w/n Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum
extent practicable. If placement of sediment and erosion control devices in wetlands and waters
is unavoidable, they shall be removed and the natural grade restored within six months of the date
that the Division of Land Resources has released the project.
9. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
certificate of completion to the 401 Oversight/Express Review Permitting Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
Boyette Farms
Page 4 of 3
October 18, 2005
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application and as authorized by this Certification shall expire upon
expiration of the 404 or CAMA Permit.
If you do not accept any of the conditions of this Certification (associated with the approved wetland or
stream impacts), 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 written petition, which conforms to Chapter 150B of
the North Carolina General Statuies to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, N.C. 27699-6714. 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 Cyndi Karoly or Ian McMillan in the Central Office in
Raleigh at 919-733-1786 or Mike Horan in the DWQ Raleigh Regional Office at 919-791-4200.
Sincerely,
Alan W. Klimek, P.E.
AWK/?m
Enclosures: GC 3404
Certificate of Completion
cc: Donald M. Perry, Herring-Sutton & Associates, P.A., 2201 Nash Street NW, Wilson, NC 27896
Walter Cole, Soil and Environmental Consultants, P.A., 11010 Raven Ridge Road, Raleigh, NC 27614
USACE Raleigh Regulatory Field Office
DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Central Files
Filename: 051699 PenningtonPlaceS D(W ilson)401
oae#2?5/6 ?l
Plan Detail Incomplete
Date /0
11 Who Reviewed=_ ' A-RI&
? Please provide a location map for the project.
? Please show all stream impacts including all fill slopes, dissipaters, and bank stabilization on the site plan.
? Please show all wetland impacts including fill slopes on the site plan.
? Please indicate all buffer impacts on the site plan.
? Please indicate proposed lot layout as overlays on the site plan.
? Please indicate the location of the protected buffers as overlays on the site plan.
? Please locate all isolated or non-isolated wetlands, streams and other waters of the State as overlays on the site plan.
? Please provide cross section details showing the provisions for aquatic life passage.
? Please locate any planned sewer lines on the site plan.
? Please provide the location of any proposed stormwater management practices as required by GC
? Please provide detail for the stormwater management practices as required by GC
? Please specify the percent of project imperviousness area based on the estimat uilt- ut ditions. `- /
? Please indicate all stormwater outfalls on the site plan.
? Please indicate the diffuse flow provision measures on the site plan. V
? Pl ???te wshether o not the proposedpacts alr?y been con Pd. ??
p; P QS 11T '?ylv V
Avoidance and/or Nfinitnization "g4
of Provided
? The labeled as on the plans does not appear to be necessary. Please eliminate the or provide additional
information as to why it is necessary for this project.
? This Office believes that the - labeled on the plans as
. Please revise the plans to avoid the impacts.
? This Office believes that the labeled on the plans as
. Please revise the plans to minimize the impacts.
can be moved or reconfigured to avoid the impacts to the
can be moved or reconfigured to minimize the impacts to the
? The stormwater discharges at the location on the plans labeled will not provide diffuse flow through the buffer because
Please revise the plans and provide calculations to show that diffuse flow will be achieved through.the entire buffer. If it
is not possible to achieve diffuse flow through the entire buffer then it may be necessary to provide stormwater management
practices that remove nutrients before the stormwater can be discharged through the buffer.
Other
? The application fee was insufficient because over 150 feet of stream and/or over 1 acre of wetland impacts were requested. Please
provide $ . This additional fee must be received before your application can be reviewed.
? Please complete Section(s) on the application.
? Please provide a signed copy of the application.
? Please provide
Mitigation
copies of the application, copies of the site plans and other supporting information.
? of compensatory mitigation is required for this project. Please provide a compensatory mitigation plan. The
plan must conform to the requirements in 15 A NCAC !H.0500 and must be appropriate to the type of impacts proposed.
? Please indicate which 404 Permit the USACE would use to authorize this project.
H erring-Sutton
ASSOCIATES • P.A.
_ F
ENGINEERS • SURVEYORS • PLANNERS
October 7, 2005
Attn: Ms. Cyndi Karoly
401 Oversight/Express Review Permitting Unit
NCDENR Z4
1628 Mail Service Center
Raleigh, NC 27699-1628
I
ht-
w
STU'q?/ry
RE: Pennington Place
Wilson County ?R
DWQ Project No. 05-1699 (Wilson County)
Dear Ms. Karoly:
I am responding to tour letter of September 22, 2005 "Request For More Information" in
reference to the above mentioned project.
1. Level spreader worksheets are attached.
2. Buffer measurements were made from the top of the stream bank.
3. Per a conversation with Ahmad at NCDENR (Land Quality Section); they
prefer temporary arc filter at pipe entrance and temporary check dam downstream.
These features are needed because the clean water is to be pumped around pipe
installation area and through check dam during pipe crossing construction.
4. Based on the 20% bury depth of the pipe the pipe has been resized to a conservative
size of 36" RCP.
Enclosed please the revised map and support documentation for the above referenced
project.
Thank you for your cooperation and if any additional information should be needed,
please advise.
Yours Truly,
HERRING SUTTON & ASSOCIATES, P.A.
Donald M. Perry, PE
2201 Nash Street NW • Wilson, North Carolina 27896 • (252) 291-8887 • Fax (252) 291-5900
DWQProject No. 05-1699 (Wilson County)
DIVISION OF WATER QUALITY - LEVEL SPREADER WORKSHEET
1. PROJECT INFORMATION (please complete the following information):
Project Name: Pennington Place
Contact Person: Walter Cole Donald Perr)rhoneNumber: (919 846-5900/252-291 -88 7
Level Spreader ID:. Level Spreader #1
Level Spreader Length 85 ft
Drainage Area 2.9 ac.
Impervious Area <20 20 ac.
Maximum Filter Strip/Buffer Slope 2.8 %
grass
Max. Discharge from a 10 Year Storm 6.37 cfs
Max. Discharge to Level Spreader 6.37 cfs
Filter Strip/Buffer Vegetation GRASS
(perpendicular to flow)
(on-site and off-site drainage to the level spreader)
(on-site and off-site drainage to the level spreader)
(6% for forested, leaf littler cover, 8% for thick ground cover)*
(thick ground cover or grass, canopied forest with leaf litter
groundcover)
Pre-treatment or Bypass Method NONE
II. REQUIRED ITEMS CHECKLIST
Initial in the space provided to indicate the following design requirements have been met and supporting documentation is attached. If a
requirement has notbeen met, attach an explanation of why. At a minimum, a complete stormwater management plan submittal includes
a worksheet for each BMP, design calculations, plans and specifications showing all BMPs and outlet structure details, a detailed
drainage plan and a fully executed operation and maintenance agreement An incomplete submittal package will result in a request for
additional information and will substantially delay final review and approval of the project
Applicants
?- Level spreader is at least 13 ft per cfs for thick ground cover or grass or 100 ft per cfs in canopied forest with leaf
litter.
Pre-Form Scour Holes are on flat slopes only
Qa No structures are located in protected buffers*
If bypass method specified in the Draft Level Spreader Design Option Document
Bypass method is specified (f applicable) and plan details and calculations are provided
Discharge to level spreader and subsequent filter strip is hydraulically and spatially separate from the bypass
discharge.
No structures are located in protected buffers.
Plan details for the bypass and outlets are provided.
The operation and maintenance agreement includes annual erosion and vegetation repair.
The operation and maintenance agreement signed and notarized by the responsible party is provided.
* Level spreaders in series can be used on slopes of up to 15% in forested areas with leaf littler cover or on slopes of up to 25% in areas
with thick ground cover or grass if designed according to the Draft Level Spreader Design Option Document This potentially requires a
minor variance in protected buffer areas. In any event the second level spreader cannot be located in Zone 1 of a protected buffer area.
DWQ Project No. 05-1699 (Wilson County)
DIVISION OF WATER QUALITY - LEVEL SPREADER WORKSHEET
1. PROJECT INFORMATION (please complete the following information):
Project Name : Penn
Contact Person: Wallter Co
Level Spreader ID:.Level Spreader #3
Level Spreader Length 25 ft
Drainage Area 0.8 ac.
Impervious Area 25 17o ac.
Maximum Filter Ship/Buffer Slope 1 -9 %
grass
Max. Discharge from a 10 Year Storm 1 .86 cfs
Max. Discharge to Level Spreader 1 .86 cfs
Filter Strip/Buffer Vegetation GRASS
Pre-treatment or Bypass Method NONE
II. REQUIRED ITEMS CHECKLIST
Phone Number: (919 846-5900/252-291 -88 7
(perpendicular to flow)
(on-site and off-site drainage to the level spreader)
(on-site and off-site drainage to the level spreader)
(6% for forested, leaf littler cover, 8% for thick ground cover)'
(thick ground cover or grass, canopied forest with leaf litter
groundcover)
Initial in the space provided to indicate the following design requirements have been met and supporting documentation is attached. If a
requirement has not been met, attach an explanation of why. At a minimum, a complete stormwater management plan submittal includes
a worksheet for each BMP, design calculations, plans and specifications showing all BMPs and outlet structure details, a detailed
drainage plan and a fully executed operation and maintenance agreement An incomplete submittal package will result in a request for
additional information and will substantially delay final review and approval of the project
ADpl?icants Initials
Level spreader is at least 13 ft. per cfs for thick ground cover or grass or 100 ft per cfs in canopied forest with leaf
litter.
Pre-Form Scour Holes are on flat slopes only
No structures are located in protected buffers`
If bypass method specified in the Draft Level Spreader Design Option Document
Bypass method is specified (f applicable) and plan details and calculations are provided
Discharge to level spreader and subsequent filter strip is hydraulically and spatially separate from the bypass
discharge.
No structures are located in protected buffers.
Plan details for the bypass and outlets are provided.
The operation and maintenance agreement includes annual erosion and vegetation repair.
The operation and maintenance agreement signed and notarized by the responsible party is provided.
i Level spreaders in series can be used on slopes of up to 15% in forested areas with leaf littler cover or on slopes of up to 25% in areas
with thick ground cover or grass if designed according to the Draft Level Spreader Design Option Document This potentially requires a
minor variance in protected buffer areas. In any event the second level spreader cannot be located in Zone 1 of a protected buffer area.
DWQ Project No. 05 1 699 (Wilson County)
DIVISION OF WATER QUALITY - LEVEL SPREADER WORKSHEET
L PROJECT INFORMATION (please complete the following information):
Project Name: Pennington Place
Contact Person: Walter Cole/Donald PerryphoneNumber: ( 91 9 846-5900/252-291-8 7
8Level Spreader ID:. Level Spreader #4
Level Spreader Length 15 ft.
Drainage Area 0.37 ac.
Impervious Area 25% ac.
Maximum Filter Strip/Buffer Slope 2.1 %
grass
Max. Discharge from a 10 Year Storm 0.37 cfs
Max. Discharge to Level Spreader 0.37 cfs
Filter Strip/Buffer Vegetation GRASS
(perpendicular to flow)
(on-site and off-site drainage to the level spreader)
(on-site and off-site drainage to the level spreader)
(6% for forested, leaf littler cover, 8%for thick ground cover)`
(thick ground cover or grass, canopied forest with leaf litter
groundcover)
Pre-treatment or Bypass Method NONE
II. REQUIRED ITEMS CHECKLIST
Initial in the space provided to indicate the following design requirements have been met and supporting documentation is attached. If a
requirement has not been met, attach an explanation of why. At a minimum, a complete stormwater management plan submittal includes
a worksheet for each BMP, design calculations, plans and specifications showing all BMPs and outlet structure details, a detailed
drainage plan and a fully executed operation and maintenance agreement An incomplete submittal package will result in a request for
additional information and will substantially delay final review and approval of the project
A licants Initials
Level spreader is at least 13 ft. per cfs for thick ground cover or grass or 100 ft per cfs in canopied forest with leaf
litter.
Pre-Form Scour Holes are on flat slopes only
No structures are located in protected buffers`
If bypass method specified in the Draft Level Spreader Design Option Document
Bypass method is specified (f applicable) and plan details and calculations are provided
Discharge to level spreader and subsequent filter strip is hydraulically and spatially separate from the bypass
discharge.
No structures are located in protected buffers.
Plan details for the bypass and outlets are provided.
The operation and maintenance agreement includes annuo erosion and vegetation repair.
The operation and maintenance agreement signed and notarized by the responsible party is provided.
Level spreaders in series can be used on slopes of up to 15% in forested areas with leaf littler cover or on slopes of up to 25% in areas
with thick ground cover or grass if designed according to the Draft Level Spreader Design Option Document. This potentially requires a
minor variance in protected buffer areas. In any event the second level spreader cannot be located in Zone 1 of a protected buffer area.
DWQ Project No. 05-1 699 (Wi 1 son otinty)
DIVISION OF WATER QUALITY - LEVEL SPREADER WORKSHEET
1. PROJECT INFORMATION (please complete the following information):
Project Name: Pennin ton Place
Contact Person: Wa er Cole Donald Perry Phone Number: (91 51 846-59001252-291-88 7
Level Spreader ID:. Level Spreader #5
Level Spreader Length 20 ft.
Drainage Area 0.46 ac.
Impervious Area ZS*A 40' 6 ac.
Maximum Filter Strip/Buffer Slope 2.0
grass
Max. Discharge from a 10 Year Storm 1 . 33 cfs
Max. Discharge to Level Spreader 1 . 33 cfs
Filter Strip/Buffer Vegetation GRASS
(perpendicular to flow)
(on-site and off-site drainage to the level spreader)
(on-site and off-site drainage to the level spreader)
(6% for forested, leaf littler cover, 8% for thick ground cover)*
(thick ground cover or grass, canopied forest with leaf litter
groundcover)
Pre-treatment or Bypass Method NONE
II. REQUIRED ITEMS CHECKLIST
Initial in the space provided to indicate the following design requirements have been met and supporting documentation is attached. if a
requirement has not been met; attach an explanation of why. At a minimum, a complete stommwater management plan submittal includes
a worksheet for each BMP, design calculations, plans and specifications showing all BMPs and outlet structure details, a detailed
drainage plan and a fully executed operation and maintenance agreement An incomplete submittal package will result in a request for
additional information and will substantially delay final review and approval of the project
A licants Initials
s Level spreader is at least 13 ft per cfs for thick ground cover or grass or 100 ft per cfs in canopied forest with leaf
litter.
?? Pre-Form Scour Holes are on flat slopes only
-1? Of No structures are located in protected buffers*
If bypass method specified in the Draft Level Spreader Design Option Document
Bypass method is specified (f applicable) and plan details and calculations are provided
Discharge to level spreader and subsequent filter strip is hydraulically and spatially separate from the bypass
discharge.
No structures are located in protected buffers.
Plan details for the bypass and outlets are provided.
The operation and maintenance agreement includes annual erosion and vegetation repair.
The operation and maintenance agreement signed and notarized by the responsible party is provided.
j
* Level spreaders in series can be used on slopes of up to 15°x6 in forested areas with leaf littler cover or on slopes of up to 25% in areas
with thick ground cover or grass if designed according to the Draft Level Spreader Design Option Document This potentially requires a
minor variance in protected buffer areas. In any event the second level spreader cannot be located in Zone 1 of a protected buffer area.
d Herring-Sutton
SL ASSOCIATES • P.A.
ENGINEERS •SURVEYORS •PLANNER+
FIGURE 5
0
z
0
U
W
D:
W
CL
F
W
W
W
L
Q
C
Z_
3
c
u
ui VL .w.v?.... - - .
SLOPE OF PIPE IN FEET PER 100 FEET
Qpu Lc- v Gr-S
C486r-.5), 38.4 ?Fs
?.-- pcn> i? t5?ctrt ? 2v`?o
FLOW FOR CIRCULAR PIPE FLOWING FULL
BASED ON MANNING'S EQUATION n=0.013
r 'Hydrograph Plot
Hydraflow Hydrographs by Intelisolve Monday, Oct 10 2005,1:20 PM
Hyd. No. 1
Level Spreader #1
Hydrograph type = SCS Runoff Peak discharge = 6.37 cfs
Storm frequency = 10 yrs Time interval = 6 min
Drainage area = 2.960 ac Curve number = 68
Basin Slope = 2.8% Hydraulic length = 930 ft
Tc method = LAG Time of conc. (Tc) = 25.28 min
Total precip. = 5.80 in Distribution = Type II
Storm duration = 24 hrs Shape factor = 484
Hydrograph Volume = 26,521 cult
Q (cfs)
700
6.00
5.00
1
4.00
3.00
2.00
1.00
0 00
Level Spreader #1
Hyd. No. 1 -- 10 Yr
Q (cfs)
7.00
6.00
5.00
4.00
3.00
2.00
1.00
0.00
0 2 4 6 8 10 12 14 16 18 20 22 24 26
Hyd No. 1 Time (hrs)
Hydrograph Plot
Hydraflow Hydrographs by Intelisolve
Hyd. No. 2
Level Spreader #3
Hydrograph type = SCS Runoff
Storm frequency = 10 yrs
Drainage area = 0.800 ac
Basin Slope = 1.9%
Tc method = LAG
Total precip. = 5.80 in
Storm duration = 24 hrs
Monday, Oct 10 2005, 1:21 PM
Peak discharge = 1.86 cfs
Time interval = 6 min
Curve number = 70
Hydraulic length = 630 ft
Time of conc. (Tc) = 21.30 min
Distribution = Type II
Shape factor = 484
Hydrograph Volume = 7,688 cuft
V
Q (cfs)
2.00
i
1.00
Level Spreader #3
Hyd. No. 2 -- 10 Yr
Q (cfs)
2.00
1.00
0.00 ' ' ' ' 1 1 ' 0.00
0 2 4 6 8 10 12 14 16 18 20 22 24 26
Hyd No. 2 Time (hrs)
f i
Hydrograph Plot
Hydraflow Hydrographs by Intelisolve Monday, Oct 10 2005,1:21 PM
Hyd. No. 3
Level Spreader #4
Hydrograph type = SCS Runoff Peak discharge = 1.07 cfs
Storm frequency = 10 yrs Time interval = 6 min
Drainage area = 0.370 ac Curve number = 70
Basin Slope = 2.1 % Hydraulic length = 400 ft
Tc method = LAG Time of conc. (Tc) = 14.09 min
Total precip. = 5.80 in Distribution = Type II
Storm duration = 24 hrs Shape factor = 484
Hydrograph Volume = 3,333 cult
Q (cfs)
2.00
1.00
0 0Q
Level Spreader 94
Hyd. No. 3 -- 10 Yr
Q (cfs)
2.00
1.00
0.00
0 2 4 6 8 10 12 14 16 18 20 22 24 26
Hyd No. 3 Time (hrs)
Hydrograph Plot
Hydraflow, Hydrographs by Intelisolve Monday, Oct 10 2005, 1:21 PM
Hyd. No. 4
Level Spreader #5
Hydrograph type = SCS Runoff Peak discharge = 1.33 cfs
Storm frequency = 10 yrs Time interval = 6 min
Drainage area = 0.460 ac Curve number = 70
Basin Slope = 2.0% Hydraulic length = 510 ft
Tc method = LAG Time of conc. (Tc) = 17.53 min
Total precip. = 5.80 in Distribution = Type II
Storm duration
i = 24 hrs Shape factor = 484
Hydrograph Volume = 4,144 cuft
a (cfs)
2.00 -,-
Level Spreader #5
Hyd. No. 4 -- 10 Yr
1.00
0 00
Q (cfs)
2.00
1.00
0 00
0 2 4 6 8 10 12 14 16 18 20 22 24 26
Hyd No. 4 Time (hrs)
Hydrograph Plot
Hydraflow Hydrographs by Intelisolve Monday, Oct 10 2005,1:21 PM
Hyd. No. 5
Boyette Street Pipe Crossing
Hydrograph type = SCS Runoff Peak discharge = 22.20 cfs
Storm frequency = 10 yrs Time interval = 6 min
Drainage area = 19.200 ac Curve number = 67
Basin Slope = 1.2% Hydraulic length = 1600 ft
Tc method = LAG Time of conc. (Tc) = 60.69 min
Total precip. = 5.80 in Distribution = Type II
Storm duration = 24 hrs Shape factor = 484
Boyette Street Pipe Crossing
Q (cfs) Hyd. No. 5 -- 10 Yr
24.00
20.00
Hydrograph Volume = 168,850 cuft
16.00
12.00
8.00
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20.00
16.00
12.00
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4.00
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Hyd No. 5 Time (hrs)
i
LEVEL SPREADER #1 I LEVEL SPREADER #3
DESIGN FLOW CFS= 6.37 CFS I DESIGN FLOW CFS= 1,86 CFS
LENGTH= 85 FT to LENGTH= ,a5 FT
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TOTAL IMPACT TO BE 115
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1
P:\04PROJ\4372\4372-LDDT\dwg\4372A-CONSTBASE for eroscontrolp1an2.dwg 7/22/2005 221:53 PM EDT
Date July 2005
Herring-Sutton & Associates, P.A. Pennington Place Neuse Buffer Impact Map Scale : Map No.
Engineers - Surveyors - Planners Inset "A" 1" = 50 05-4372A
Wilson Co
NC
2201 Nash Street NW, Wilson, North Carolina 27896 (252) 291-8887 . Sheet No. 1 of 1
F WAIF
?? 9p Michael F. Easley, Governor
02 0
William G. Ross Jr., Secretary
r- North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
September 22, 2005
DWQ Project # 05-1699
Wilson County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Boyette Farms
6127 NC Highway 42W
Wilson, NC 27893
Subject Property: Pennington Place Subdivision
Contentnea Creek [030407,27-86-(1), WSV, NSW]
REQUEST FOR MORE INFORMATION
Dear Sir or Madam:
On September 6, 2005, the Division of Water Quality (DWQ) received your application dated September
5, 2005, to impact 115 linear feet of streams to construct the proposed residential subdivision. The DWQ
has determined that your application was incomplete and/or provided inaccurate information as discussed
below. The DWQ will require additional information in order to process your application to impact
protected wetlands and/or streams on the subject property. Therefore, unless we receive the additional
information requested below, we will have to move toward denial of your application as required by 15A
NCAC 2H.0506 and will place this project on hold as incomplete until we receive this additional
information. Please provide the following information so that we may continue to review your project.
Additional Information Requested:
1. Please provide level spreader worksheets which can be found on the NC Division of Water
Quality website: http://h2o.enr.state.nc.us/ncwetlands/levelwks.pdf
2. Please clarify whether buffer measurements are made from the top of the stream bank or the
stream centerline.
3. This office feels that the proposed rock check dam and arc filter on the plans is unnecessary.
Please provide additional information as to why it is necessary for this project.
4. This office feels that the proposed 24" RCP may be undersized for the proposed stream crossing.
Please provide documentation that the pipe is the appropriate size and allows for proper hydraulic
flow and aquatic life passage.
Please respond within three weeks of the date of this letter by sending this information to me in writing
and Mike Horan of the DWQ Raleigh Regional Office. If we do not hear from you within three weeks,
we will assume that you no longer want to pursue this project and we will consider the project as
withdrawn.
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: 919-733-1786 / FAX 919-733-6893 / Internet: http://h2o.enr.state.ne.us/ncwetlands
Npom?`1tCarolina
dvaturall
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/l0% Post Consumer Paper
Boyette Farms t
Page 2 of 2
September 22, 2005
This letter only addresses the application review and does not authorize any impacts to wetlands, waters
or protected buffers. Please be aware that any impacts requested within your application are not
authorized (at this time) by the DWQ. Please call Ms. Cyndi Karoly or Mr. Ian McMillan at 919-733-
1786 if you have any questions regarding or would like to set up a meeting to discuss this matter.
Sincerely,
Supervisor
t/Express view Permitting Unit
CBK/Ym
cc: Mike Horan, DWQ Raleigh Regional Office
USACE Raleigh Regulatory Field Office
File Copy
Central Files
Walter Cole, Soil & Environmental Consultants, P.A., 11010 Raven Ridge Road, Raleigh, NC 27614
Filename: 051699PenningtonPlaceSD(Wilson)On_Hold
DWQ # 05-1699 Pennington Subdivision
Subject: DWQ # 05-1699 Pennington Subdivision
From: Laurie Dennison <laurie j.dennison@ncmail.net>
Date: Thu, 22 Sep 2005 14:24:01 -0400
To: wcole@sandec.com
Please see attached the Division of Water Quality's request for more information
related to your recent application. Please note that this message is being forwarded
to you electronically so that you may expedite preparation of your response. Please
do not send your response as a reply to this e-mail or via fax. The hard copy is
being sent via US Mail. All response correspondence is to be mailed via hard copy to
the 401 Oversight and Express Permits Unit, 2321 Crabtree Blvd., Raleigh, NC, 27604
unless otherwise noted.
051699PenningtonPlaceSD(Wilson)On_Hold.doc Content-Type: application/msword
Content-Encoding: base64
1 of 1 9/22/2005 2:25 PM
f t'
PAYMENT
RECEIVED
2 0 0 5 1 6 9 0
Soil & Environmental Consultants, PA
11010 Raven Ridge Road • Raleigh, North Carolina 27614 • Phone: (919) 846-5900 • Fax: (919) 846-9467
www.SandEC.com
From: Walter Cole
Soil & Environmental Consultants, P.A.
11010 Raven Ridge Road
Raleigh, NC 27614
Re: Pennington Place Subdivision
Wilson County, NC
S&EC Project # 9782.W l
S _p 6 2005
DENR - WATER QUALITY
VvETLANDS NNO STU,NNATER BRANCH
On behalf of the owner, Boyette Farms, Inc., 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 Quality (DWQ) that the activities proposed below may
precede under Nationwide Permit 14 and General Water Quality Certification 401. Please
contact me at (919) 846-5900 if you have any questions or require additional information.
PROJECT SUMMARY
Project Name Pennington Place Subdivision
Project Type NWP 14 - Road Crossing
Owner / Applicant Bo ette Farms Inc.
Count Wilson
Nearest Town Wilson
Waterbod Name UT of Contentnea Creek
Basin / Sub-basin 03-04-07
Index Number 27-86-(l)
Class WS V NSW
IMPACT SUMMARY
Attachments:
Pre-construction Notification (PCN) Application Form
Agent Authorization Form
USGS Quad. Map
Soil Survey Map
Overall Impact Map
Impact Map
Data Forms
Buffer Confirmation Letter (NBRRO#05-166)
$200 Application Fee to DWQ
Charlotte Office:
236 LePhillip Court, Suite C
Concord, NC 28025
Phone: (704) 720-9405
Fax: (704) 720-9406
Stream Impact (acres): .0079.
Wetland Impact (acres): 0
Open Water Impact (acres): 0
Total Impact to Waters of the U.S. (acres) .0079
Total Stream impact (linear feet): 115
Greensboro Office:
3817-E Lawndale Drive
Greensboro, NC 27455
Phone: (336) 540-8234
Fax: (336) 540-8235
To: US Army Corps of Engineers N.C. Division of Water Quality
Raleigh Regulatory Field Office 401 Oversight and Express Permits Unit
Attn: Andrea Wade Attn: Cyndi Karoly
6508 Falls of the Neuse Road, Suite 120 2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27614 Raleigh, NC 27604-2260
f }
FAY, Office Use Only: a t ?J Form Version March 05
2
USACE Action ID No. DWQ No. 0 0 5 1 6 9 9
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ® Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 14
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, 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: ?
r= r=
II. Applicant Information
SFP 6 2005
1. Owner/Applicant Information
Name: Boy ette Farms are -VJAI-?=R 41
Mailing Address: 6127 N.C. Hwy. 42W VVETUV OS ANDSTCRf Vt kjERBRAWH
Wilson NC 27893
Telephone Number: (252) 237-1426 Fax Number: N/A
E-mail Address: N/A
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: Walter Cole
Company Affiliation: Soil & Environmental Consultants PA
Mailing Address: 11010 Raven Ridge Road
Raleigh NC 27614
Telephone Number: (919) 846-5900 Fax Number: (919) 846-9467
E-mail Address: wcole@sandec.com
Page 5 of 13
111. 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: Pennington Subdivision
2. T.I.P. Project Number or State Project Number-(NCDOT Only): N/A
3. Property Identification Number (Tax PIN):
4. Location
County: Wilson Nearest Town: Wilson
Subdivision name (include phase/lot number): Pennington Place Subdivision
Directions to site (include road numbers/names, landmarks, etc.): This 60+/- acre site is
located on NC Hwy 581 (SR 1130) approximately 0.8 miles north of the intersection of NC
Hwy 581 (SR 1130) and Rock Ridge School Road (SR 1142).
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 35.7131N 78.1196W
, 6. Property size (acres): 60+/-
7. Name of nearest receiving body of water: Contentnea Creek
8. River Basin: Neuse 27-86-(1)
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Currently the site consists of forested undeveloped land.
The land use within the vicinity of the project consists primarily of residential and
amicultural land use.
Page 6 of 13
10. Describe the overall project in detail, including the type of equipment to be used: The
overall project consists of the construction of Armetus Road, a proposed 50' NCDOT right-
of-way. Typical heavy equipment associated with road construction will be used for this
project. Impacts resulting from the construction of this drive will consist of 115 linear feet of
intermittent stream channel (240 sq. ft.) and 7,237 square feet of zone 1 Neuse River
Riparian Buffer, and 4,594 square feet of zone 2 Neuse River Riparian Buffer (11,831 total
square feet for zone 1 and zone 2).
11. Explain the purpose of the proposed work: The purpose of the proposed work is to provide
access for Lots 22 & 23 in the southeastern portion of the proposed Pennington Place
Subdivision.
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. The applicant requested a detailed stream buffer determination prior to
site plan development. Mr. Mike Horan with the NCDWQ made a site visit on 06-17-05 for a
steam origin determination and issued a buffer confirmation letter on 07-05-05.
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.
None known at this time.
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. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should 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
Page 7 of 13
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: The proposed impacts consist
of the construction of a 50' NCDOT rit-of-way that will serve the home sites for lots 22 &
23 in the proposed Pennington Place Subdivision. Typical heavy equipment associated with
road construction will be used for this project. Impacts resulting from the construction of this
drive will consist of 115 linear feet of stream channel (345 sq. ft., 0.0079 acres) and 7,237
square feet of zone 1 Neuse River Riparian Buffer, and 4,594 square feet of zone 2 Neuse
River Riparian Buffer (11,831 total square feet for zone 1 and zone 2).
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
senarately list impacts due to both structure and flooding.
Wetland Impact
Site Number
(indicate on map)
Type of Impact Type of Wetland
(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
100-year
Floodplain
es/no Distance to
Nearest
Stream
linear feet Area of
Impact
(acres)
N/A N/A N/A N/A N/A N/A
Total Wetland Impact (acres)
3. List the total acreage (estimated) of all existing wetlands on the property: +/-3 acres
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, 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. To calculate acreage, multi 1 length X width, then divide b 43,560.
Stream Impact
Number
indicate on ma
Stream Name
Type of Impact Perennial
or
Intermittent Average
Stream Width
Before Impact Impact
Length
linear feet Area of
Impact
acres
1 UT -Contentnea Cr. Permanent/culvert Intermittent 3' 115' .0079
Total Stream Impact (by length and acreage) 115' .0079
Page 8 of 13
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, floodin , drainage, bulkheads, etc.
Open Water Impact
Site Number
indicate on ma Name of Waterbody
(if applicable)
Type of Impact Type of Waterbody
(lake, pond, estuary, sound, bay,
ocean, etc. Area of
Impact
acres
N/A N/A N/A N/A N/A
Total Open Water Impact (acres)
6. List the cumulative impact to all Waters of the U.S. resulting from the project.
Stream Im act (acres): .0079
Wetland Impact (acres): 0
Open Water Impact (acres : 0
Total Impact to Waters of the U.S. acres .0079
Total Stream Impact (linear feet): 115
7. Isolated Waters
Do any isolated waters exist on the property? ? Yes No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
8. 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
Current land use in the vicinity of the pond: 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 USACE's current policy
Page 9 of 13
requires applicants to avoid and minimize wetland and stream channel impacts to the maximum
extent practicable and may require further compensatory mitigation to offset unavoidable losses
of waters of the US when impacts exceed the requirements for notification (0.10 acre). The
proposed road crossing is needed to provide access to Lots 22 and 23 from Armetus Road in the
proposed Pennington Place Subdivision The applicant has configured the subdivision design to
avoid any major wetland impacts Because the applicant has no choice but to construct this road
crossing to access the proposed lots and because he has minimized his impacts to a single road
crossing well under 150 linear feet S&EC believes further compensatory mitigation should not
be required by the USACE.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, 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 NCEEP 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
http://h2o.enr.state.nc.us/ncwetlands/stnngide.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed. restrictions, conservation easement, etc.), and a.
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
N/A
Page 10 of 13
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
(919) 715-0476 to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream-mitigation requested (linear feet): N/A
Amount of buffer mitigation requested (square feet): N/A
Amount of Riparian wetland mitigation requested (acres): N/A
Amount of Non-riparian wetland mitigation requested (acres): N/A
Amount of Coastal wetland mitigation requested (acres): N/A
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ? No
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at (919) 733-5083 to review current thresholds for environmental documentation.
Yes ? No ?
3. 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.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ® No ?
Page 11 of 13
2. If "yes", 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.
Impact Required
Zone* Multiplier ,,,r.;,..,a,..
1 7,237 3 (2 for Catawba) N/A
2 4,594 1.5 N/A
Total 11,831 N/A
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
'Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 213 .0242 or.0244, or.0260. N/A
XI. Stormwater (required by DWQ)
Describe impervious acreage (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. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level. Total acreage=60+/- acres, impervious surface
area will be less than 15% per 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.
Individual on-site wastewater systems permitted through the Wilson County Dppartment of
Environmental Services.
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. Cumulative Impacts (required by DWQ)
Page 12 of 13
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ? No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.us/ncwetiands. If no, please provide a short narrative description: There
are no future impacts resulting from future development for this project, at this time.
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
N/A
OQ -off
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 13 of 13
08/02/2005 00:42
2522067026 ROCK RIDGE FARMS PAGE 01
Soil & Envizonmenltal Consultants, PA
11410 Rates RWV Road - RAfth. Nra4 C.MUN 27616 • Pboft (91y) 616-5900 - Vw (90) 846-1/61
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AGENT AUniOFJ ATiON FORM
All Blanks To Be Wed In By Tl1e C»»t tandowr?er
ROYETTE FARMS. INC
Addm, 6127 N.C. HWY. 42 W
WILSON, N.C. 27893
Phone: (252) 237-1426
Project Name/Description: PENNINGTON PLACE adBC Project #
Date:
08-01-05
The Dcpart rent 0E the Army
US. Army Co" of En&eers, Wfimfttott District
P.O. Box 18%
Wilmington. NC 26402
Attn:
Field Office:
Re: Wetlands Related Consulting and P+e=Utfing
To Whom It May Come
L the curma pt?ed_,j+ own" hereby designate and authorize Soil & FAwirmnental Consultants. PA to
act in my behalf ss my agent in the panoese M of pem3ft applications, to famish UP= "quest
sapplen=W Wm=tion in support of applicstiow, enm h+om this day forty and. Mw day of
This notification supereedns any previous c poctdence concerning the agent for"ptoject.
NOnCEa This ant wn= t m for Habdity sad professional eombsy reasons, its valid *W?y for
govea mcnt off dals to ecotrr the pmrmty when aecotttpanied by 5&W obf9f.1an shmald dI s&EC
to atzange a site ateeting prior to visiting the dlr.
Pdnt Pmpeq.OwnWc N*e . hopetty ow4wes SfgmAure
cc: Ms. Cynd! Kuely
NMM4R - DWQ
2,321 Crabhw Boulevard
Raleigh, NC 27601
cc. M. Walw Cole
Soil & Environmental Consultants, PA
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Dale July 2D05
Herring-Sutton & Associates, P.A. Pennington Place Neuse Buffer ImpaeL Map Scale . llap No.
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1 Sheet No. I of 1
Wetland Delineation Performed By: Soil & Environmental Consultants, PA
11010 Raven Ridge Road
Raleigh, North Carolina 27614
(919) 846-5900
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Project/Site: Pennington Place Subdivision, S&EC Job # 9782.W1 Date: 08-31-05
Applicant/Owner: Herring & Sutton County: Wilson
Investigator: Walter Cole State: NC
Do Normal Circumstances exist on the site? X Yes No Community ID: Mixed Pine Hardwood
Is the site significantly disturbed (Atypical Situation)? Yes X No Transect ID:
Upland from proposed
Is the area a potential Problem Area? Yes X No Plot ID: f6-W crossing
If needed, explain on reverse.
VEGETATION
Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator
1. Loniceraiaponica VINE FAC- 9.
2. Pinus Taeda TREE FAC 10.
3. Ilex opaca SHRUB FAC- 11.
4. Quercus nigra TREE FAC 12.
5. Juniperus virginiana TREE FACU- 13.
6. Liriodendron Tulipifera TREE FACU 14.
7. 15.
8. 16.
Percent of Dominant Species th at are OBL, FACW, or FAC
(excluding FAC-): 33%
Remarks:
HYDROLOGY
_ Recorded Data (Describe in Remarks): Wetland Hydrology Indicators:
Stream, Lake or Tide Gauge Primary Indicators:
_ Aerial Photographs Inundated
_ Other _ Saturated in Upper 12 Inches
X No Recorded Data Available _ Sediment Deposits
Drainage Patterns in Wetlands
_
Field Observations: Secondary Indicators (2 or more required):
_ Oxidized Root Channels in Upper 12 Inches
Depth of Surface Water: N/A (in.) Water-Stained Leaves
Local Soil Survey Data
Depth to Free Water in Pit: >16" (in.) FAC-Neutral Test
Other (Explain in Remarks)
Depth to Saturated Soil: >16" (in.)
Wetland Delineation Performed By: Soil & Environmental Consultants, PA
11010 Raven Ridge Road
Raleigh, North Carolina 27614
(919) 846-5900
Project/Site: Pennington Place S/D - Herring & Sutton Plot ID: Upland of road crossing
SOILS
Map Unit Name Drainage Class: Well Drained
(Series and Phase): Norfolk Field Observations
Taxonomy (Subgroup): Typic Paleudults Confirm Mapped Type? _ Yes No
Profile Description:
Depth Matrix Color Mottle Color Mottle Texture, Concretions,
inches Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc.
0-6 Al 10YR5/4 Sand loam
6-14 Btl 10YR5/6 Sand Clay Loam
14+ Bt2 10YR5/6 Sand Clay Loam
Hydric Soil Indicators:
Histosol Concretions
- Histic Epipedon High Organic Content in Surface Layer in Sandy Soils
Sulfidic Odor Organic Streaking in Sandy Soils
- Aquic Moisture Regime Listed on Local Hydric Soils List
Reducing Conditions Listed on National Hydric Soils List
- Gleyed or Low-Chroma Colors Other (Explain in Remarks)
Remarks:
WETLANDS DETERMINATION
Hydrophytic Vegetation Present? x Yes _ No Is this sampling point within a wetland?
Wetland Hydrology Present? - Yes x No Yes x No
Hydric Soils Present? Yes x No
Remarks:
Michael F. Easley, Governor
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
Page 1 of 1
July 5, 2005
NBRRO#05-166
County: Wilson
Herring-Sutton & Assoc., PA
2201 Nash St. NW
Wilson, NC 27896
Attn: Mr. Donald Perry
BASIN:
Neuse River X Tar-Pamlico
(15A NCAC 2B .0233) (15A NCAC 2B .0259)
Complaint NOV Buffer Determination X
Incident # Appeal Call
Project Name: Pennington Place
Location/Directions: North of Wilkerson Crossroads in Wilson County
Subject Stream UT to Contentnea Creek
Date of Determination: 6/17/05
Feature Start Buffer
GPS Points (if
provided) End Buffer Stream
Form Appeal
Call Located
on Soil
Survey Located on
USGS
Topographic
A Just below 'ond x
O?O?- W A r?9QG
' r
D_Q?
Raleigh Regional Office 1628 Mail Service Center
Water Quality Section Raleigh, NC 27699-1628
6mrsm phone (919) 571-4700 Customer Service
facsimile (919) 571-4718 1-877-623-6748
Pennington Place
Herring-Sutton
7/5/2005
Page 2 of 2
This on-site determination shall expire five (S) years from the date of this letter. Landowners or affected parties
that dispute a determination made by the DWQ or Delegated Local Authority that a surface water exists and that
it is subject to the buffer rule may request a determination by the Director. A request for a determination by the
Director shall be referred to the Director in writing clo Cyndi Karoly, DWQ Wetlands1401 Unit, 2321 Crabtree
'Blvd, Raleigh, NC 27604-2260. Individuals that dispute a determination by the DWQ or Delegated Local
Authority that "exempts" a surface waterfront the buffer rule may ask for an ad judicatory hearing. You must
act within 60 days of the date that you receive this letter. Applicants are hereby notified that the 60-day statutory
appeal time does not start until the affected party (including downstream and adjacent landowners) is notified of
this decision. DWQ recommends that the applicant conduct this notification in order to be certain that third
party appeals are made in a timely manner. To ask for a hearing, send a written petition, which conforms to
Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail
Service Center, Raleigh, N.C. 27699-6714. This determination is final and binding unless you ask for a hearing
within 60 days.
The (owner/future owners) should notify the Division of Water Quality (including any other Local, State, and
Federal Agencies) of this decision concerning any future correspondences regarding the subject property (stated
above). This project may require a Section 4041401 Permit for the proposed activity. Any inquiries should be
directed to the Division of Water Quality (Central Office) at (919)-733-1786, and the US Army Corp of Engineers
(Raleigh Regulatory Field Office) at (919)-876-8441.
Respec?tfulllly,, /
Michael Horan
Environmental Spec. I
CC: Jean Mancule, US Army Corps of Engineers, Raleigh Regulatory Office
Debbie Edwards-Wetlands/ Stormwater Branch, 2321 Crabtree Blvd, Suite 250, Raleigh, NC 27604
Joe Dupree- Land Quality, 3800 Barrett Drive, Raleigh, NC
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Soil & Environmental Consultants, PA
11010 Raven Ridge Road • Raleigh, North Carolina 27614 • Phone: (919) 846-5900 • Fax: (919) 846-9467
www.SandEC.com
S&EC Project # 9782.W 1
To: US Army Corps of Engineers
Raleigh Regulatory Field Office
Attn: Andrea Wade
6508 Falls of the Neuse Road, Suite 120
Raleigh, NC 27614
From: Walter Cole
Soil & Environmental Consultants, P.A.
11010 Raven Ridge Road
Raleigh, NC 27614
Re: Pennington Place Subdivision
Wilson County, NC
N.C. Division of Water Quality
401 Oversight and Express Permits Unit
Attn: Cyndi Karoly
2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604-2260
?? LP
?P -SEP 6 2005
RILE VED
DENR - WATER QUALITY
WETLANDS AND STORMWATER BRANCH
On behalf of the owner, Boyette Farms, Inc., 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 Quality (DWQ) that the activities proposed below may
precede under Nationwide Permit 14 and General Water Quality Certification 401. Please
contact me at (919) 846-5900 if you have any questions or require additional information.
PRn.IFCT SUMMARY
Project Name Pennington Place Subdivision
Project Type NWP 14 - Road Crossing
Owner / Applicant, Bo ette Farms Inc.
Count Wilson
Nearest Town Wilson
Waterbod Name UT of Contentnea Creek
Basin / Sub-basin 03-04-07
Index Number 27-86-(l)
Class WS V NSW
IMPACT SUMMARY
Stream Impact (acres): .0079.
Wetland Impact (acres): 0
Open Water Impact (acres): 0
Total Impact to Waters of the U.S. (acres) .0079
Total Stream impact (linear feet): 115
Attachments:
Pre-construction Notification (PCN) Application Form
Agent Authorization Form
USGS Quad. Map
Soil Survey Map
Overall Impact Map
Impact Map
Data Forms
Buffer Confirmation Letter (NBRRO#05-166)
$200 Application Fee to DWQ
Charlotte Office:
236 LePhillip Court, Suite C
Concord, NC 28025
Phone: (704) 720-9405
Fax: (704) 720-9406
Greensboro Office:
3817-E Lawndale Drive
Greensboro, NC 27455
Phone: (336) 540-8234
Fax: (336) 540-8235
Office Use Only: Form Version March 05
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
IL Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ® Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 14
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter. from NCEEP, 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), tft*
?§@D
II. Applicant Information S, -
E P fi 2005
1. Owner/Applicant Information Y& Et- - sAR ouau?y
Name: Bo ette Farms
Mailing Address: 6127 N.C. Hwy. 42W
Wilson NC 27893
Telephone Number: (252) 237-1426 Fax Number: N/A
E-mail Address: N/A
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: Walter Cole
Company Affiliation: Soil & Environmental Consultants PA
Mailing Address: 11010 Raven Ridge Road
Raleigh, NC 27614
Telephone Number: (919) 846-5900 Fax Number: (919) 846-9467
E-mail Address: wcole@sandec.com
Page 5 of 13
I
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: Pennington Subdivision
2. T.I.P. Project Number or State Project Number.(NCDOT Only): N/A
3. Property Identification Number (Tax PIN): N/A
4. Location
County: Wilson Nearest Town: Wilson
Subdivision name (include phase/lot number): Pennington Place Subdivision
Directions to site (include road numbers/names, landmarks, etc.): This 60+/- acre site is
located on NC Hwy 581 SR 1130) approximately 0.8 miles north of the intersection of NC
Hwy 581 (SR 1130) and Rock Ridge School Road (SR 1142).
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 35.7131N 78.1196W
6. Property size (acres): 60+/-
7. Name of nearest receiving body of water: Contentnea Creek
8. River Basin: Neuse 27-86-(1)
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps1/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Currently the site consists of forested undeveloped land.
The land use within the vicinity of the project consists primarily of residential and
agricultural land use.
Page 6of13
j I
10. Describe the overall project in detail, including the type of equipment to be used: The
overall project consists of the construction of Armetus Road, a proposed 50' NCDOT right-
of-way. Typical heavy equipment associated with road construction will be used for this
project. Impacts resulting from the construction of this drive will consist of 115 linear feet of
intermittent stream channel (240 sq. ft.) and 7,237 square feet of zone 1 Neuse River
Riparian Buffer, and 4,594 square feet of zone 2 Neuse River Riparian Buffer (11,831 total
square feet for zone 1 and zone 2).
11. Explain the purpose of the proposed work: The purpose of the proposed work is to provide
access for Lots 22 & 23 in the southeastern portion of the proposed Pennington Place
Subdivision.
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. The applicant requested a detailed stream buffer determination prior to
site plan development. Mr. Mike Horan with the NCDWQ made a site visit on 06-17-05 for a
steam origin determination and issued a buffer confirmation letter on 07-05-05.
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.
None known at this time.
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. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should 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
Page 7 of 13
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: The proposed impacts consist
of the construction of a 50' NCDOT right-of-way that will serve the home sites for lots 22 &
23 in the proposed Pennington Place Subdivision. Typical heavy equipment associated with
road construction will be used for this project. Impacts resulting from the construction of this
drive will consist of 115 linear feet of stream channel (345 sq. ft., 0.0079 acres) and 7,237
ware feet of zone 1 Neuse River Riparian Buffer, and 4,594 square feet of zone 2 Neuse
River Riparian Buffer (11,831 total square feet for zone 1 and zone 2).
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
separately list impacts due to both structure and flooding.
Wetland Impact
Site Number
(indicate on map)
Type of Impact Type of Wetland
(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
100-year
Floodplain
es/no Distance to
Nearest
Stream
linear feet Area of
Impact
(acres)
N/A N/A N/A N/A N/A N/A
Total Wetland Impact (acres)
3. List the total acreage (estimated) of all existing wetlands on the property: +/-3 acres
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, 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. To calculate acreage, multi 1 length X width, then divide b 43,560.
Stream Impact
Number
indicate on ma
Stream Name
Type of Impact Perennial
or
Intermittent Average
Stream Width
Before Im act Impact
Length
linear feet Area of
Impact
(acres)
1 UT -Contentnea Cr. Permanent/culvert Intermittent 3' 115' .0079
Total Stream Impact (by length and acreage) 115' .0079
Page 8 of 13
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc.
Open Water Impact
Site Number
indicate on ma Name of Waterbody
(if applicable)
Type of Impact Type of Waterbody
(lake, pond, estuary, sound, bay,
ocean, etc. Area of
Impact
acres
N/A N/A N/A N/A N/A
Total Open Water Impact (acres)
6
List the cumulative impact to all Waters of the U.S. resulting from the roiect.
Stream Impact (acres): .0079
Wetland Impact (acres): 0
Open Water Impact (acres): 0
Total Impact to Waters of the U.S. (acres) .0079
Total Stream Impact (linear feet): 115
7. Isolated Waters
Do any isolated waters exist on the property? ? Yes ® No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
N/A
8. 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
Current land use in the vicinity of the pond: 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 USACE's current policy
Page 9 of 13
requires applicants to avoid and minimize wetland and stream channel impacts to the maximum
extent practicable and may require further compensator mitigation to offset unavoidable losses
of waters of the US when impacts exceed the requirements for notification (0.10 acre). The
proposed road crossing is needed to provide access to Lots 22 and 23 from Armetus Road in the
proposed Pennington Place Subdivision. The applicant has configured the subdivision design to
avoid any major wetland impacts. Because the applicant has no choice but to construct this road
crossing to access the proposed lots and because he has minimized his impacts to a single road
crossing well under 150 linear feet S&EC believes further compensatory mitigation should not
be required by the USACE.
VIII.' Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving .greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, 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 NCEEP 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
http://h2o.enr.state.nc.us/ncwetlands/stnngide.btml.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed, restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
N/A
Page 10 of 13
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
(919) 715-0476 to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream-mitigation requested (linear feet): N/A
Amount of buffer mitigation requested (square feet): N/A
Amount of Riparian wetland mitigation requested (acres): N/A
Amount of Non-riparian wetland mitigation requested (acres): N/A
Amount of Coastal wetland mitigation requested (acres): N/A
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ? No
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at (919) 733-5083 to review current thresholds for environmental documentation.
Yes ? No ?
3. 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.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify V Yes ® No ?
Page 11 of 13
2. If "yes", 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.
* Impact Required
Zone , -,--, r -., Multiplier
1 7,237 3 (2 for Catawba) N/A
2 4,594 1.5 N/A
Total I 11,831 I 1 N/A
* Zone I extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
'Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 213 .0242 or.0244, or.0260. N/A
XI. Stormwater (required by DWQ)
Describe impervious acreage (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. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level. Total acreage=60+/- acres, impervious surface
area will be less than 15% per 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.
Individual on-site wastewater systems permitted through the Wilson County Department of
Environmental Services.
XIJI. 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. Cumulative Impacts (required by DWQ)
Page 12 of 13
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ? No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: There
are no future impacts resulting from future development for this project, at this time.
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
N/A
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 13 of 13
0810212005 00:42 2522067026 ROCK RIDGE FARMS PAGE 01
•
Soil & Environmental Consultsnts, PA
1101a mwft Rupp Reid - Ud* Nrv* C m m 7%14 - Ptwee: (9?9} tA?S900 - n?.r? 00 sus 1+?1
.+.+?SmcIBC ooo?
AGMT AUTHORIZATION FORM
M MaW-M To BO.- ed In Hp The Cunt Landowner
Name: BOXETTE FARMS, INC.
Addrew 6127 N.C. HWY. 42 W
WILSON, N.C. 27893
Phones (252) 237-142G?-
Project N=e/D m: PENNINGTON PLACE S&HCPrCiect0
Date; 08-01-05
'lets Depadnnent of the Army
US. Amy Co" of En&ineers, Wilmington District
P.O. Sox 1890
Wilmington, NC 28402
Attu
Field Office;
Re: Wetlands Related Consutahng and Pernutting
To Whom It May Concem
I, the current ? ow ner, hereby desinaibe mui authorize Soa & Tim?uo rental Cmwitants, PA to
act in my behalf ms my agent in the proeenft of permit tapplieati mvn to f ut ah upon requat
supplemental Infornmtion in support of applicatiams, etc. from this day foralard. The day of
This wbhcatKm vape rsedes any previous coaa;espondence cotx=dng the agent for this project.
NOTICE: The atrSwnzttim for bAballty and profesumnal eaurwy remoras, its valid call for
govrnunent otfidals to enter the property whey accompa led by S&SC cutoff. 'Yost should call SUC
to mange a site nweft prior to vlsi"g the site.
1 _
Print Fropaty.1?s N Property Ow rAes ftmat tre
cc: Ms. Cyndi Kamiy cc: W. Wafter Cole
NCDENR - DWQ Soil & Bnvironmeirtstl Consultants, PA
2321 Crabtree Boalevard
Raldgh, NC 27604
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Wetland Delineation Performed By: Soil & Environmental Consultants, PA
11010 Raven Ridge Road
Raleigh, North Carolina 27614
(919) 846-5900
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Project/Site: Pennington Place Subdivision, S&EC Job # 9782.W1 Date: 08-31-05
Applicant/Owner: Herring & Sutton County: Wilson
Investigator: Walter Cole State: NC
Do, Normal Circumstances exist on the site? X Yes No Community ID: Mixed Pine Hardwood
Is the site significantly disturbed (Atypical Situation)? Yes X No Transect ID:
Upland from proposed
Is the area a potential Problem Area? Yes X No Plot ID: iaqd crossing
If needed, explain on reverse.
VEGETATION
Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator
1. _ Lonicera japonica VINE FAC- 9.
2. Pinus Taeda TREE FAC 10.
3. flex opaca SHRUB FAC- 11.
4. Quercus nigra TREE FAC 12.
5. Juniperus virginiana TREE FACU- 13.
6. Liriodendron Tulipifera TREE FACU 14.
7. 15.
8. 16.
Percent of Dominant Species that are OBL, FACW, or FAC
(excluding FAC-): 33%
Remarks:
HYDROLOGY'
Recorded Data (Describe in Remarks): Wetland Hydrology Indicators:
Stream, Lake or Tide Gauge Primary Indicators:
Aerial Photographs Inundated
_ Other _ Saturated in Upper 12 Inches
X No Recorded Data Available _ Sediment Deposits
Drainage Patterns in Wetlands
_
Field Observations: Secondary Indicators (2 or more required):
_ Oxidized Root Channels in Upper 12 Inches
Depth of Surface Water: N/A (in.) _ Water-Stained Leaves
Local Soil Survey Data
Depth to Free Water in Pit: >16" (in.) FAC-Neutral Test
Other (Explain in Remarks)
Depth to Saturated Soil: >16" (in.)
Wetland Delineation Performed By: Soil & Environmental Consultants, PA
11010 Raven Ridge Road
Raleigh, North Carolina 27614
(919) 846-5900
Project/Site: Pennington Place S/D - Herring & Sutton Plot ID: Upland of road crossing
SOILS
Map Unit Name Drainage Class: Well Drained
(Series and Phase): Norfolk Field Observations
Taxonomy (Subgroup): Typic Paleudults Confirm Mapped Type? _ Yes No
Profile Description:
Depth Matrix Color Mottle Color Mottle Texture, Concretions,
inches Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure etc.
0-6 Al 10YR5/4 Sand loam
6-14 Btl 10YR5/6 Sand Clay Loam
14+ Bt2 10YR5/6 Sand Clay Loam
Hydric Soil Indicators:
Histosol Concretions
Histic Epipedon High Organic Content in Surface Layer in Sandy Soils
_ Sulfidic Odor Organic Streaking in Sandy Soils
Aquic Moisture Regime Listed on Local Hydric Soils List
Reducing Conditions Listed on National Hydric Soils List
Gleyed or Low-Chroma Colors Other (Explain in Remarks)
Remarks:
11
J-
WETLANDS DETERMINATION
Hydrophytic Vegetation Present? x Yes _ No Is this sampling point within a wetland?
Wetland Hydrology Present? Yes x No Yes x No
Hydric Soils Present? Yes x No
Remarks:
Herring-Sutton & Assoc., PA
2201 Nash St. NW:
Wilson, NC 27896
Attn: Mr. Donald Perry
BASIN:
Neuse River X
July 5, 2005
Tar-Pamlico
NBRRO#05-166
County: Wilson
(15A NCAC 2B .0233) (15A NCAC 2B .0259)
Complaint NOV Buffer Determination X
Incident # Appeal Call
Project Name: Pennington Place
Location/Directions: North of Wilkerson Crossroads in Wilson County
Subject Stream:
nmicnaei v. tasiey, uovernor
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
Page 1 of 1
UT to Contentnea Creek
Date of Determination: 6/17/05
Feature Start Buffer
GPS Points (if
provided) End Buffer Stream
Form Appeal
Call Located
on Soil
Survey Located on
USGS
Topographic
A Just below 'ond x
Raleigh Regional Office
Water Quality Section
1628 Mail Service Center
Raleigh, NC 27699-1628
KUM phone (919) 571-4700 Customer Service
facsimile (919) 571-4718 1-877-623-6748
Pennington Place
Herring-Sutton
7/5/2005
Page 2 of 2
This on-site determination shall expire five (5) years from the date of this letter. Landowners or affectedparties
that dispute a determination made by the DWQ or Delegated Local Authority that a surface water exists and that
it is subject to the buffer rule may request a determination by the Director. A request for a determination by the
Director shall be referred to the Director in writing c% Cyndi %aroly, DWQ Wedands1401 Unit, 2321 Crabtree
Blvd, Raleigh, NC 27604-2260. Individuals that dispute a determination by the DWQ or Delegated Local
Authority that "exempts" a surface water from the buffer rule may ask for an ad judicatory hearing. You must
act within 60 days of the date thatyou receive this letter. Applicants are hereby notified that the 60-day statutory
appeal time does not start until the affected party (including downstream and adjacent landowners) is notified of
this decision. DWQ recommends that the applicant conduct this notification in order to be certain that third
party appeals are made in a timely manner. To ask for a hearing, send a written petition, which conforms to
Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail
Service Center, Raleigh, N.C. 27699-6714. This determination is final and binding unless you ask for a hearing
within 60 days.
The (owner/future owners) should notify the Division of Water Quality (including any other Local, State, and
Federal Agencies) of this decision concerning any future correspondences regarding the subject property (stated
above). This project may require a Section 4041401 Permit for the proposed activity. Any inquiries should be
directed to the Division of Water Quality (Central Office) at (919)-733-1786, and the US Army Corp of Engineers
(Raleigh Regulatory Field Office) at (919)-876-8441.
Respectfully,
Michael Horan
Environmental Spec. I
CC: Jean Maneule, US Army Corps of Engineers, Raleigh Regulatory Office
Debbie Edwards-Wetlands/ Stormwater Branch, 2321 Crabtree Blvd, Suite 250, Raleigh, NC 27604
Joe Dupree- Land Quality, 3800 Barrett Drive, Raleigh, NC
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DEPTH= 0.5 FT o DEPTH= 0.5 FT
END WIDTH= 3 FT I n END WIDTH= 3 FT
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P:\04PROJ\4372\4372-LDDT\dwg\4372A-CONSTBASE f oreroscontrolplon2.dwg 7/22/2005 22153 PM EDT
Dale July 2D05
Herring-Sutton & Associates, P.A. Pennington Place Neuse Buffer Impact Map Scale : Map No.
Engineers - Surveyors - Planners t "A"
I 1' - 50 05-4372A
Wilson CO NC nse
2203 Nash Street NV. Wilson, North Caroline 27896 (252) 291-BBB7 .
, Sheet No. I 01 1
DWQ# aC05' 1(p 99 Date /4?0
Plan Detail Incomplete
? Please provide a location map for the.project.
Who Reviewed: 0 J {L0M SD A
? Please show all stream impacts including all fill slopes, dissipaters, and bank stabilization on the site plan.
? Please show all wetland impacts including fill slopes on the site plan.
? Please indicate all buffer impacts on the site plan.
? Please indicate proposed lot layout as overlays on the site plan.
? Please indicate the location of the protected buffers as overlays on the site plan.
? Please locate all isolated or non-isolated wetlands, streams and other waters of the State as overlays on the site plan.
? Please provide cross section details showing the provisions for aquatic life passage.
? Please locate any planned sewer lines on the site plan.
? Please provide the location of any proposed stormwater management practices as required by GC
? Please provide detail for the stormwater management practices as required by GC
? Please specify the percent of project imperviousness area based on the estimated built-out conditions.
? Please indicate all stormwater outfalls on the site plan.
? Please indicate the diffuse flow provision measures on the site plan.
? Please indicate whether or not the proposed impacts already been conducted.
Avoidance and/or Minimization Not Provided
? The labeled as on the plans does not appear to be necessary. Please eliminate the or provide additional
information as to why it is necessary for this project.
? This Office believes that the labeled on the plans as can be moved or reconfigured to avoid the impacts to the
. Please revise the plans to avoid the impacts.
? This Office believes that the labeled on the plans as can be moved or reconfigured to minimize the impacts to the
. Please revise the plans to minimize the impacts.
? The stormwater discharges at the location on the plans labeled will not provide diffuse flow through the buffer because
. Please revise the plans and provide calculations to show that diffuse flow will be achieved through the entire buffer. If it
is not possible to achieve diffuse flow through the entire buffer then it may be necessary to provide stormwater management
practices that remove nutrients before the stormwater can be discharged through the buffer.
Other
? The application fee was insufficient because over 150 feet of -stream and/or over 1 acre of wetland impacts were requested. Please
provide $ . This additional fee must be received before your application can be reviewed.
? Please complete Section(s) on the application.
? Please provide a signed copy of the application.
? Please provide copies of the application,
Mitigation
copies of the site plans and other supporting information.
? of compensatory mitigation is required for this project. Please provide a compensatory mitigation plan. The
plan must conform to the requirements in 15 A NCAC M.0500 and must be appropriate to the type of impacts proposed.
? Please indicate which 404 Permit the USACE would use to authorize this project.
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NC Division of Water Quality
1 Tran # Invoice Type Date Reference
8182 0906051 Invoice 09/06/05 9782.W1
all(
Sy 6 2005
2005
Check Number:
Date: 09/06/05 Check Amt:
Balance Discount
$200.00 $0.00
16g9
000577
577
$200.00
Pay Amount
$200.00
DENR. WATER QUALITY
WETLANDS AND STOROATER BRANCH