20040147 Ver 1_COMPLETE FILE_20040203

W A r Michael F. Easley, uovernor
OF
F9
p William G. Ross Jr., Secretary
0 G North Carolina Department of Environment and Natural Resources
r
Alan W. Klimek, P. E. Director
?
0 Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
March 8, 2004
Kenneth Stancil
990 North Johnson Road
Smithfield, NC 27577
DWQ Project No. 04-0147
Johnston County
Page 1 of 2
Subject Property: Longbranch Estates, SR 1340, Smithfield, NC
Sassasrixa Swamp [03-04-04, 27-45-13, C NSW (nutrient sensitive)]
APPROVAL of 401 Water Quality Certification and AUTHORIZATION CERTIFICATE per the Neuse River Buffer
Protection Rules (15A NCAC 2B.0233) with ADDITIONAL CONDITIONS
Dear Mr. Stancil:
You have our approval, in accordance with the attached conditions and those listed below, to place fill within or
otherwise impact 20 feet of streams and 2,000 square feet (ft2) of protected riparian buffers for the purpose of a
waterline at the subject property, as described within your application dated February 3, 2004. After reviewing your
application, we have decided that the impacts are covered by the N.C. Division of Water Quality (DWQ) General Water
Quality Certification Number(s) 3374 (GC3374). The Certification(s) allows you to use Nationwide Permit(s) 12 when
issued by the US Army Corps of Engineers (USACE). This letter shall also act as your approved Authorization
Certificate for impacts to the protected riparian buffers per 15A NCAC 2B .0233. In addition, you should obtain or
otherwise comply with any other required federal, state or local permits before you go ahead with your project including
(but not limited to) Erosion and Sediment Control and Non-discharge regulations. Also, this approval will expire when
the accompanying 404 permit expires unless otherwise specified in the General Certification.
This approval is only valid for the purpose and design that you described in your application. 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). For this approval to be valid, you must follow the
conditions listed in the attached certification and any additional conditions listed below.
Conditions:
Erosion & Sediment Control Practices - 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.
2. No Waste, Spoil, Solids, or Fill of Any Kind -No waste, spoil, solids, or fill of any kind shall occur in wetlands,
waters, or riparian areas beyond the footprint of the impacts depicted in the Preconstruction Notice Application.
All construction activities, including the design, installation, operation, and maintenance of sediment and erosion
North Carolina Division of Water Quality, WETLANDS / 401 UNIT
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwetiands
Kenneth Stancil
Page 2 of 2
March 8, 2004
control Best Management Practices, shall be performed so that no violations of state water quality standards,
statutes, or rules occur.
3. 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.
4. 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/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service
Center, Raleigh, NC, 27699-1650.
5. This letter does not authorize any other stream, wetland or buffer impacts other than the installation of the water
line. The remainder of the subdivision must comply with all other wetland, stream and buffer regulations
(including the diffuse flow requirement of the Neuse Buffer Rule -15A NCAC 02B .0233(5)).
Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or
civil penalties. This Certification shall become null and void unless the above conditions are made conditions of the
Federal 404 and/or coastal Area Management Act Permit. 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 Statutes to the Office
of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions are final
and binding unless you ask for a hearing.
Any disputes over determinations regarding this Authorization Certificate (associated with the approved buffer impacts)
shall be referred in writing to the Director for a decision. The Director's decision is subject to review as provided in
Articles 3 and 4 of G.S. 150B.
This letter completes the Teview of the Division of Water Quality under Section 401 of the Clean Water Act and the
Neuse riparian buffer protection rule as described within 15A NCAC 2B .0233. If you have any questions, please
telephone John Dorney at 919-733-9646 or Bob Zarzecki at 919-733-9726.
Sincerely,
Alan W. ;?i5rl<limek, P.E.,
NC DWQ, Director
Attachments: Certificate of Completion
GC 3374
Cc: Richie Hines, Southwind Surveying & Engineering, Inc., 201 Glen Road, Garner, NC 27529
USACE Raleigh Regulatory Field Office
DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Central Files
DWQ # 04-0147
Date: March 8, 2004
bz
Al 201 Glen Road
Gamer, NC 27529
Phone: [phone]
Fax [phone]
Transmittal Letter
Date: February 3 2004 14 FIL E COPY
To: NC Division of Water Quality
From: Lee R. Hines, Jr. (Richie), PE
Subject: Long Branch Estates
Utility Crossing
Please find attached the following:
No. of Copies Description
7 PCN Application Form
1 Review Fee $200.00
Please find attached a submittal package for the subject project. The
waterline review by the Johnston County Department of Public Utilities
requires us to install a looped waterline across a buffered stream. Your
earliest review will be greatly appreciated.
Please do not hesitate to contact me by phone at [phone] or by email
at rhines _southwnd.com if you have any questions or need additional
information. Thank you for your assistance.
WETLANDS / 401 GROUP
FEE 0 1 M4
WATER QUALITY SECTION
FILE 1 Cgrvy
Office Use Only: Form Version May 2002
USACE Action ID No. DWQ No.10 4 N 4
(If any particular item is not applicable to this project, please enter "Not ApplicatW " )
1401 GROUP
L Processing FEB
` 2004
1. Check all of the approval(s) requested for this project:
X Section 404 Permit X Riparian
or Wt?i d1$o,j]?es
? Section 10 Permit ? Isolated Wetland Permit from 171 Q
? 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 12
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete
section VIII and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
II. Applicant Information
1. Owner/Applicant Information
Name: Kenneth Stancil
Mailing Address: 990 North Johnson Road Smithfield NC 27577
Telephone Number: 934-0177 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: Lee R. Hines. Jr. Mchie). PE
Company Affiliation: Southwind Surveying and Engineering, Inc.
Mailing Address: 201 Glen Road Garner NC 27529
Telephone Number: 773-0183 Fax Number: 773-0148
E-mail Address: rhinesnsouthwnd.com
r
Page 5 of 12
M. 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: Longbranch Estates
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN):15H08034, 15M08031
4. Location
County: Johnston Nearest Town: Smithfield
Subdivision name (include phase/lot number): Long Branch Estates
Directions to site (include road numbers, landmarks, etc.): West on US 70 Business to
NC 210. Southwest on NC 210 until SR 1162. South on SR 1162 until SR 1340. West on
SR 1340. Site is approximately 1 mile down on south side of SR 1340.
5. Site coordinates, if available (UTM or Lat/Long): Long 78° 26' 30" Lat 35° 29' 30"
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Property size (acres): 24.92 acres
7. Nearest body of water (stream/river/sound/ocean/lake): Sassasrixa Swamp
8. River Basin: Neuse
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: The existing land use is woods. The general land use in the
vicinity of the project is residential housing.
Page 6 of 12
10. Describe the overall project in detail, including the type of equipment to be used: The
overall project is the construction of a residential subdivision that consists of approximately
2,025 linear feet of street and 29 lots. Construction equipment used to build the streets Ma
include excavators, backhoes, motor graders, bulldozers, and dump trucks.
11. Explain the purpose of the proposed work:_ The purpose of the proposed work is to install a
looped waterline across a riparian stream as required by the Johnston CouM Department of
Public Utilities to provide better drinking water duality.
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.
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.
There are no future permits anticipated for this project.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
Page 7 of 12
1. Provide a written description of the proposed impacts: A 20 foot easement is required for
construction and maintenance of the proposed 4" waterline crossing of the riparian buffered
2. Individually list wetland impacts below:
Wetland Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres) Located within
100 year Floodplain**
es/no) Distance to
Nearest Stream
(linear feet)
Type of Wetland***
N/A

" List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching(d ainage, etc. For dams, separately list impacts due to both structure and flooding.
•' 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at http://www.fema.gov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property: N/A
Total area of wetland impact proposed: N/A
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact
Site Number
(indicate on ma)
Type of Impact* Length of
Impact
(linear feet)
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
lease specify)
1 Utility Crossing 20 If UT to Sassarixa Swamp 3 feet Perennial

List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wail, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
"• Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.us¢s.gov. Several intemet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
Ny"'w.mapquest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 20 linear feet
Page 8 of 12
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U. S.) below:
Open Water Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres) Name of Waterbody

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

List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): N/A
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): N/A
Size of watershed draining to pond: N/A Expected pond surface area: N/A
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
The waterline plans for this project were oriainaliv submitted without a looped line to avoid
stream impact. However,, a looped waterline provides better water pressure and water quality
and is required by CDPU. The waterline will be installed approximately 4 feet below the bed of
the stream and the disturbed areas will be returned to natural grade and revegetated with & Lass.
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.
Page 9 of 12
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/strmgide.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
N/A
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
[phone] to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/v?M/index.htm. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:
Amount of stream mitigation requested (linear feet): 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
Page 10 of 12
IX.
X.
Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federaUstate) land?
Yes ? No X
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No ?
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No ?
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.
Yes X No ? If you answered "yes", provide the following information:
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify ??
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.
Zone* Impact
(square feet) Multiplier Required
Mitigation
1 1,200 3
2 800 1.5
Total 2,000
Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
Page 11 of 12
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or.0260.
XI. Stormwater (required by DWQ)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls propo ed in order to protect surface waters and wetlands
downstream from the property.
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 septic systems
XIIL Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No X
Is this an after-the-fact permit application?
Yes ? No X
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
4411? 4" 02-o3-o4
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 12 of 12
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