20040705 Ver 1_COMPLETE FILE_20040427

Michael F. Easley, Governor
William G. Ross Jr" Secretary
North Carolina Department of Environment and Natural Resources

Alan W. Klimek, P. E. Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality

May 3, 2004

CERTIFIED MAIL

Tri-Land Developers, LLC
C/o James Weeks
PO Box 11180
Goldsboro, NC 27532

Dear Mr. Weeks:

On 4/27/04, the Division of Water Quality received your application for the proposed Oak Valley
Farms SID on Old Grantham Road (SR 1219) in Wayne County, North Carolina. Please note
that beginning January 1, 1999, the N.C. General Assembly passed legislation requiring payment
of a fee for all 401 applications, as indicated on page two 6~ the PCN application form. Your
recent submittal is being placed on hold since insufficient p'ayment was received with the
package. The fee for applications is $200 for projects impacting less than an acre of wetland and
less than 150 linear feet of streams. For projects impacting one or more acres of wetland or 150
or more feet of streams, the fee is $475. In order for DWQ to review and process your
request, you must send a check in the appropriate amount of $275 made payable to the
N.C. Division of Water Quality attached to your application.

Please submit (7) copies of the Pre-Construction Notification Application with supporting
information (ie: site plan, & vicinity map). . If you are requesting a current modification to
the proposed project stated above, please submit a current updated signature page and
date.

If you have any questions regarding this letter please do not hesitate to call me at (919)-733-
17~6.

Sinc~rely}? } L .
~'~ f/C1 /aA--
Michael Horan

. CC: B.R. Kornegay, Inc.
C/o Jeffrey L. Kornegay
PO Drawer 1435
Goldsboro, NC 27533

N. C. Division of Water Quality

1617 Mail Service Center

Raleigh, North Carolina 27699-1617

[phone]

Customer Seivice
1-877"623-6748

919-735-5886

B. R. KORNEGAY, INC.

LAND SURVEYING · ENGINEERING · PLANNING
P.O. Drawer 1435 · 300 E, Walnut Street
Goldsboro, North Carolina 27533-1435

040105

Fax [phone]

~

April 26, 2004

Mr. Danny Smith
Division of Water Quality
NCDENR
1650 Mail Service Center
Raleigh, NC 27699-1650

Project: Tri-Land Developers, LLC
Oak Valley Farms Subdivision
Old Grantham Road (SR 1219)
Wayne County, NC

Mr. Smith:

Please find enclosed a check for the application fee (number 029263 in the amount of $200) and
a revised PCN form to show correct field measured stream crossing lengths during our meeting
at the site on March 16, 2004.

Sincerely,

~~

Jeffrey L. Kornegay, PE, PLS
jeffreyksep@bellsouth,net

cc: Scott Jones - USACOE

WETLANDS I
401 GROUP
APR 2 7 2004
WATER Qtpl1 r
~~, l't' $1;;.~b-:t'i'I',", I.
~;r , ~~J~~(

940705'

Office Use Only:

Form Version May 2002

USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/ A".)

I. Processing

1. Check all of the approval(s) requested for this project:
IZI Section 404 Permit D
D Section 10 Permit D
D 401 Water Quality Certification

Riparian or Watershed Buffer Rules
Isolated Wetland Permit from DWQ

2. Nationwide, Regional or General Permit Number(s) Requested: 14

3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: D

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: IZI

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: 0

II. Applicant Information

1. Owner/Applicant Information
Name: Tri-Land Developers. LLC c/o James Weeks
Mailing Address: P.O. Box 11180
Goldsboro. NC 27532

Telephone Number: 919-778-4029
E-mail Address:

Fax Number: 919-778-1231

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: Jeffrev L. Kornegav
Company Affiliation: B.R. Kornegav. Inc.
Mailing Address: P.O. Drawer 1435
Goldsboro. NC 27533

Fax Number:

WETI 4NDS 1461 GROup
APR 2 'i LU04
WAJE~fj
919-580- ~LlTY SECTION'

Telephone Number: 919-735-5886
E-mail Address:[e-mail]

Page 5 of 12

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: Tri-Land Developers. LLC

2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A

3. Property Identification Number (Tax PIN): 2577693120

4. Location
County: Wayne Nearest Town: Goldsboro
Subdivision name (include phase/lot number): Tri-Land Developers. LLC
Directions to site (include road numbers, landmarks, etc.): NCSR No. 1219 (Old Grantham
Road) approximatelv 2650 feet east of intersection with NCSR No. 1220 (Providence
Church Road)

5. Site coordinates, if available (UTM or Lat/Long): lat: 35-20-16/ 10m!: 78-04-24
(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): :\: 220 acres

7. Nearest body of water (streamlriver/soundlocean/lake): Neuse River

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 genera1land use in the vicinity of the project
at the time of this application: The site is subdivided with residential lots and an
existing asphalt orivate road. The propertv to the west is an existing subdivision. The
property to the east is wooded and undeveloped.

Page 6 of12

If buffer mitigation is required, please discuss what type of mitigation is proposed (Le., 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.
N/A

XI. Stormwater (required by DWQ)

Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
Total site area = i: 220 acres
Existing impervious area = 0 acres / Proposed impervious area = i:1.6 acres.

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.
Septic tanks will be used.

XIII. Violations (required by DWQ)

Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes 0 No IZI

Is this an after-the-fact permit application?
Yes IZI No 0

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).

Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)

Page 12 of12

Ifbuffer 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. .
N/A

XI. Stormwater (required by DWQ)

Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
Total site area =:1: 220 acres
Exlstin~ imDervious area = 0 acres / ProDosed imDervious area = :1:1.6 acres.

:xn. 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.
Septic tanks will be used.

.xm. Violations (required by DWQ)

Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes D No IZI

Is this an after-the-fact permit application?
Yes D No 0

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 Soecies. accessibilitv oroblems. or other issues outside of the aoolicant's control).

2.-
Applicant/Agent's Signature ate
(Agen 's signature is valid only if an authorization letter from the applicant is provided.)

Pa~e 12 of 12

10. Describe the overall project in detail, including the type of equipment to be used:
The proiect has an existing private asphalt paved road with existinE! concrete pipes
constructed in the stream crossings.

11. Explain the purpose of the proposed work: N/ A

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.
1) OWQ Proiect No. 02-1339. approval of 401 Water Qualitv Certification and Authorization
Certificate. January 24. 2003. 2) USACOE permit noncompliance Action 10 200411081

V. Future Project Plans

Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
N/A

VI. Proposed Impacts to Waters of the United States/Waters of the State

It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may. be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.

1. Provide a written description of the proposed impacts: Impacts occur at existing
crossings of perennial streams alonE! the private road with pipe and rip rap aprons.

Page 7 of 12

(*NOTE: Estimated acreage of wetlands is provided by Wetland and Natural Resources
Consultants. Inc.)

2. Individually list wetland impacts below:

Wetland Impact Area of Located within Distance to
Site Number Type oflmpact* Impact tOO-year Floodplain** Nearest Stream Type ofWetland***
(indicate on map) (acres) (ves/no) (linear feet)
Sta. 12+20 Culvert & rip rap No At stream riparian
Sta. 17+83 Culvert & rip rap No At stream riparian

* List each impact separately and identify temporary irnpacts. Irnpacts include, but are not lirnited to: mechanized clearing, grading, fin,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at http://www.fema.gov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater rnarsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made byUSACE only).

List the total acreage (estimated) of all existing wetlands on the property: :I: 3.5 acres *
Total area of wetland impact proposed: :I: 0.17 acres

3. Individually list all intermittent and perennial stream impacts below:

Stream Impact Length of Average Width Perennial or
Site Number Type oflmpact* Impact Stream Name** of Stream Intermittent?
(indicate on map) (linear feet) Before Impact (please specify)
Sta. 12+20 Culvert & rip rap 100.25 UT to Neuse.River :t 8 ft. perennial
Sta.17+83 Culvert & rip rap 129.00 UT to Neuse River :t 8 ft. 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 wan, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included,
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream narned stream into which it flows, USGS maps are available through the USGS at 1-800-358-9616, or online at
WWW,USgS.gOV, Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone,com,
www.maOQuest.com. etc.).

Cumulative impacts (linear distance in feet) to all streams on site:

229.25 L.F.

4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water ofthe U.S.) below:

Page 8 of 12

Open Water Impact Area of Name of Water body Type of Water body
Site Number Type of Impact* Impact (lake, pond, estuary, sound,
(indicate on map) (acres) (if applicable) 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.

5. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): 0 uplands 0 stream 0 wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):

Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):

Size of watershed draining to pond:

Expected pond surface area:

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 two oerennial streams cross the entire width of the orooerty. Therefore. crossinI'!
the streams is unavoidable in order to access all oortions of the orooerty. The existinl'!
roads cross at 900 angles to the streams and the orooosed cross section widths are
minimized.

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/strrngide.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 web site at http://h2o.enr.state.nc.us/wrp/index.htm. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:

Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):

229.25
N/A
N/A
N/A
N/A

Page 10 of 12

---':,--:~

IX. Environmental Documentation (required by DWQ)

Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes 0 No IZI

If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEP AfSEP A)?
Note: If you are not sure whether a NEPAlSEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes 0 No 0

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 0 No 0

X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)

It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.

Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes IZI No 0 If you answered "yes", provide the following information:

Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.

Zone* Impact Multiplier Required
(square feet) Mitigation
1 6,015 3 18,045
2 5,160 1.5 7,740
Total 11,175 25,785

*. 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 II of 12

.. Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired. X
. Print your name and address on the reverse
so that we can return the card to you.
. Attach this card to the back of the mail piece,
or on the front if space permits.

I. Article Addressed to: LU ~ fit. 04 -10'5

Dcv~ !OfX
P 0 130 l( I \ l 80
Golds tDro I Ide
21532

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3. Service Type
'Qlcertified Mail
D Registered
D Insured Mail

4. Restricted Delivery? (Extra F~)

DYes

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7003 3110 0001 3494 1937

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UNITED STATES POSTAL SERVICE

I

First-Class Mail
Postage & Fees Paid
USPS
Permit No. G-10

· Sender: Please print your name, address, and ZIP+4 in this box ·

NC DENR Division of Water Quality
Wetlands/401 Certification Unit
2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604

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