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Home My WebLink AboutSW8200406_Historical File_20201117 NORRIS & TUNSTALL CONSULTING ENGINEERS P.C. 2602 Iron Gate Drive,Suite 102 1429 Ash-Little River Road Wilmington,NC 28412 Ash,NC 28420 (910) 343-9653 (910) 287-5900 (910) 343-9604 Fax (910)287-5902 Fax John S.Tunstall,P.E. J.Phillip Norris,P.E. T.Jason Clark,P.E. Joseph K Bland,P.E. Thomas J. Scheetz,E:ir- RECEIVED October 8, 2020 Mr. Ted Triantafillopoulos, Engineer OCT 0 9 2020 NC DEQ NCDeo Division of Energy, Mineral and Land Resources— State Stormwater ProgrAiffi RO 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Re: Winding Marsh State Stormwater Project No. SW8 200406 1029 Middle Sound Loop Road New Hanover County, NC N&T Project No. 19086 Dear Mr. Triantis: Pursuant to your comment letter dated October 8, 2020, we offer the following responses. 1. 15A NCAC 02H.1042(2)(g): Please submit one other signed, sealed, and dated copy of the plans matching the August submittal. Only one copy was received. Response: We only submitted one (1) copy of the plans to you in our response package because your 06-26-20 comment letter requested the additional information "in a single, hard copy submittal package". Enclosed is an additional set of plans matching the August submittal. 2. 15A NCAC 02H.1053(2) and 1042(2)(f): The average depth on the supplement (row 28) does not match the average depth USED in the calculations provided. Please confirm the appropriate average depth intended for the design of this project. Please adjust any documents to match the confirmed average depth. Response: The Supplement was correct. ihe average depth is 4.56 FT. Row 28 now shows 4 feet, since this is the depth used in the calculations and per this comment. However, the calculated AVG Depth is 4.56 feet. Enclosed is the revised Wet Pond Supplement page. Mr. Ted Triantafillopoulos/NC DEQ Stormwater October 8, 2020 Page 2 3. 15A NCAC 02H.1042(2): Please e-mail the supplement form to the email address provided below so that it can be preserved electronically per the regulatory requirements. The division did not receive an electronic version in the last submittal. Response: We did e-mail you the requested REVISED supplement form of 07-28- 2020 on 08-03-2020 @ 10:17 AM (see below). Christine Hall was also copied on the e-mail. Since we have revised the Supplement form again per the above Comment #2, we will e-mail you the revised Supplement form. From: Amy Norris Sent: Monday,August 3,2020 10:17 AM To: Triantafillopoulos,Ted Cc: Christine Hall(Christine.Hall@ncdenr.gov);Jason Clark Subject: SW8 200406-Winding Marsh (N&T#19086) Attachments: 19086 07-28-20-State SW Supplement EZ(Revised Due CAMA).xlsm Ted, Per my e-mail below to you, attached is the revised State SW Supplement for your files. The updated response (w/only updated documents/plans) is being sent by FedEx to you for Tuesday (depending on the Tropical Storm) delivery. Thanks, Amy Please feel free to contact us with any additional questions or comments you may have. We also request you copy Amy Norris (anorrisantengineers.com) on all e-mail correspondence. Sincerely, NORRIS & TUNSTALL CONSULTING ENGINEERS, P.C. 4.0t0L, T. Jason lark, P. E. -�`*RIVE TJC/asn 19086 10-08-20-s-sw-response-Itr 11; Enclosures BY; NCBELS License C-3641 Triantafillopoulos, Ted From: Triantafillopoulos, Ted Sent: Thursday, October 8, 2020 10:44 AM To: sbishop@robuckhomes.com Cc: jclark@ntengineers.com Subject: Second Request for Additional Information Winding Marsh SW8 200406 Attachments: 2020 10 addinfo 200406.pdf All, Attached is a pdf of the second request for additional information for the subject project. Please let me know if you have any questions or concerns. Thanks. Ted Triants Engineer Division of Energy, Mineral and Land Resources North Carolina Department of Environmental Quality Phone: (910) 796-7334 FAX: (910) 350-2018 Email: ted.triantis[a�ncdenr.gov 127 Cardinal Drive Extension Wilmington, NC 28405 •1111°Xliffireil 79), onrr .c.._,. ": . .Ir.: 6-7. ,i La ?y'.! 1 ROY COOPER i n.t' 12 Governor 1 1 1 .; ;- rQ.' MICHAEL S.REGAN "�„u n.., " Secartarf �NY: BRIAN WRENN NORTH CAROLING. ')tractor EnvironmentaiQualiti October 8,2020 Via email only: sbishoparobuckhomes com Raleigh-Wilmington Investors,LLC TBM Partners,LLC,Member Attn: Shelly R.Bishop,President 6131 Falls of Neuse Road,Suite 200 Raleigh,NC,27609 Subject: Request for Additional Information Stormwater Project No. SW8 200406 Winding Marsh New Hanover County Dear Ms.Bishop: The Wilmington Regional Office received and accepted a State Stormwater Management Permit Application for the subject project on April 15,2020 with additional information requested on June 26,2020 and received on August 5,2020. A preliminary in-depth review of that information has determined that the application is not complete and that additional information is needed. To continue the review,please provide the following additional information in a single,hard copy submittal package: 1. 15A NCAC 02H.1042(2)(g): Please submit one other signed,sealed,and dated copy of the plans matching the August submittal. Only one copy was received. 2. 15A NCAC 02H.1053(2)and 1042(2)(f):The average depth on the supplement(row 28)does not match the average depth USED in the calculations provided.Please confirm the appropriate average depth intended for the design of this project.Please adjust any documents to match the confirmed average depth. 3. 15A NCAC 02H.1042(2): Please email the supplement form to the email address provided below so that it can be preserved electronically per the regulatory requirements.The division did not receive an electronic version in the last submittal. Please remember to confirm that any revised information is presented consistently throughout the application documents including calculations,supplements,narrative,and plans. Please also remember to provide two hard copies of any updated documents per 15A NCAC 02H.1042(2). All of the requested information listed above should be received in this Office by October 23,2020,or the application will be returned as incomplete.Please note that only two letters requesting additional information is allowed in the State Stormwater Program for a total of 30 days to submit the requested additional information. If the information is not satisfactorily provided after either the second request or 30 days, the project will be returned. If the project is returned and you wish to re-submit later,you will need to resubmit all required items at that time, including the application fee. The construction of any impervious surfaces,other than a construction entrance under an approved Sedimentation Erosion Control Plan,is a violation of NCGS 143-215.1 and is subject to enforcement action pursuant to NCGS 143-215.6A. Please reference the State assigned project number on all correspondence. If you have any questions concerning this matter,please feel free to call me at(910) 796-7215 or email me at ted.triantis@ncdenr.gov. Sincerely, 'led Wua & Ted Triantis Engineer -� North Carol"ria Department t gin•imementa Qualit; DtvNierrs I Energy '41 rera r rrr.Land Res our: D c1 Im9ngtun Regionul Office 1:I' ardra!r)rlae Lanemaun WTI North Carnlina Z64C5 Zieeikia immulentel\der•"' 91O;i%./2 NORRIS & TUNSTALL CONSULTING ENGINEERS P.C. 2602 Iron Gate Drive,Suite 102 1429 Ash-Little River Road Wilmington,NC 28412 Ash,NC 28420 (910) 343-9653 (910)287-5900 (910) 343-9604 Fax RECEIVED (910) 287-5902 Fax John S.Tunstall,P.E. J.Phillip Norris,P.E. T.Jason Clark,P.E. AUG 0 5 2020 Thomas J.Scheetz,E.I. NCDEQ August 3, 2020 WJI.MINGTONRQ Mr. Ted Triantafillopoulos, Engineer NC DEQ Division of Energy, Mineral and Land Resources — State Stormwater Program 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Re: Winding Marsh State Stormwater Project No. SW8 200406 1029 Middle Sound Loop Road New Hanover County, NC N&T Project No. 19086 Dear Mr. Triantis: We submitted to you a response package dated July 13, 2020 addressing your comment letter of June 26, 2020. Since that response submittal, due to CAMA, we have had to revise the plans, calculations, and some of the permit applications. Enclosed please find our updated response letter, one (1) set of revised plans, one (1) set of revised calculations, the approved US Army Corp of Engineers Nationwide #14 and #18 Permit (SAW-2019-01762), and only revised applications (Supplement & revised Page 7 of 7 of the O&M form) since our July 13, 2020 response submittal. Pursuant to your comment letter dated June 26, 2020, we offer the following responses. 1. 15A NCAC 02H.1019(7)(c)(i): Please provide the supporting documentation demonstrating that it is not feasible to meet the MDC for infiltration systems as described in .1051. Response: Submitted in the July 13, 2020 response. Enclosed is documentation from Land Management Group that the site is not suitable for Infiltration. 2. 15A NCAC 02H.1040(1)(a), .1042(2)(b)(ii) and (c): Section 111.1.a of the application lists Shelly R. Bishop as the President of TBM Partners, LLC (listed as the signing official). However, the provided Operating Agreement and NC Secretary of State shows that TBM Partners, LLC is managed by Robuck Homes, Inc. Please provide documentation from Robuck Homes, Inc. to support the President or Vice President of this corporation and update Section III.1.a of the application to link the signing official to the applicant. Mr. Ted Triantafillopoulos/NC DEQ Stormwater August 3, 2020 Page 2 Response: Submitted in the July 13, 2020 response. Enclosed is the revised Page 2 of the State SW Application as requested and the corresponding NC Secretary of State document for Robuck Homes, Inc., and the First Amendment to Operating Agreement for TBM Partners, LLC. 3. 15A NCAC 02H.1003(4)(a), .1019(6)(b), and .1042(2)(g)(iii): For all subject projects within the Coastal Counties, vegetated setbacks from perennial waterbodies, perennial streams, and intermittent streams shall be at least 50 feet in width for new development. The 50-foot setback shall be measured from the normal pool elevation of impounded structures, from the top of bank of each side of streams or rivers, and from the mean high waterline of tidal waters, perpendicular to the shoreline. A 75' buffer is identified; however, the required 50-foot setback must be shown as well. Response: we have added an additional 50-foot NC DEQ setback line. 4. 15A NCAC 02H.1042(3)(b): a. List the volume provided of the wet pond in the additional information section of the supplement. Response: Enclosed is the revised Supplement. b. Complete rows 3-10 on the supplement E-Z cover page. Response: ,nclosed is the revised Supplement. c. Confirm answer in row 1 of the drainage area section of the supplement. Response: Enclosed is the revised Supplement. 5. 15A NCAC 02H.1003(3)(a): In Row 19 of the drainage area section of the supplement, please identify the calculation method used to determine the design volume. The calculations appear to indicate that the SCS method was used. Response: Enclosed is the revised Supplement. 6. 15A NCAC 02H.1053(5)(a): Within the pond, a volume for the combined forebays are provided. When two forebays are proposed, calculations supporting the volumes of each of the forebays must be provided. Additionally, calculations are necessary to confirm that each forebay is 15-20% of the volume of the weighted main pool volume based on the contributing area drainage to each forebay. Please provide additional calculations for each forebay in order to support their respective volumes and contributing drainage areas. NCBELS License C-3641 Mr. Ted Triantafillopoulos/NC DEQ Stormwater August 3, 2020 Page 3 Response: Calculations demonstrating that each forebay is between 15-20% of the weighted main pool volume area are enclosed. 7. 15A NCAC 02H.1053(6): a. The pond section B-B on plan sheet C4.3 stat the vegetated shelf to be at an elevation of 5'-6'. However, the Supplement list the shelf between elevations 4'- 5'. Please confirm and correct. Response: Please see revised supplement. b. The pond section B-B on plan sheet C4.3 says the forebay bottom is at (-)2, however this appears to be the pond bottom. Please confirm. Response: Nlease see revised Han Sheet G4.3. 8. 15A NCAC 02H.1053(3) and (5): The supplement reports the clean-out depth for the forebays as 36 inches which appears to relate to 15A NCAC 02H.1053(5)(d) that indicates when maintenance activity is to occur. However, the supplement is intended to document the design condition of the wet pond. In Row 34 of the wet pond supplement, please report the provided sediment storage, which appears to be 24 inches. Response: This isn't clear at all on the Supplement. Enclosed is the revised Supplement. Per your comment, the sediment storage depth for forebay's is actually 24 inches. 9. 15A NCAC 02H.1053(3): 15A NCAC 02H.1053(3) and .1042(2)(h)(ii): The forebay 2 bottom elevation is set at 0 ft with a 2-ft sediment accumulation depth to 2 ft. The forebay inlet invert appears to be set at an elevation of 1 ft, which would be located within this sediment removal elevation. Please confirm the intended design and ensure that any sediment accumulation will not impede the water from entering the system and the at the system can still be operated and maintained as outlined in the signed operation and maintenance agreement. 'response: The head and velocity in the upstream storm drain network will keep the invert out from being blocked by sediment build-up. 10. 15A NCAC 02H.1053(11)(b): The vegetated shelf shall be planted with a minimum of three diverse species of herbaceous, native vegetation at a minimum density of 50 plants per 200 square feet of shelf area. Please show a section on the plans with a planting plan or provide a citation of where this can be found in the plan set. Response: Please see the revised plans showing a planting plan for the pond. NCBELS License C-3641 Mr. Ted Triantafillopoulos/NC DEQ Stormwater August 3, 2020 Page 4 11. 15A NCAC 02H.1042(2): Please email the supplement form to the email address provided below so that it can be preserved electronically per the regulatory requirements. Response: We have e-mailed you the requested REVISED supplement form of 07- 28-2020 for your electronic files. Note: Please note the plans have been revised slightly and the pond Drainage Area is now slightly smaller. Also, note the Permanent Pool Elevation is now 5.5 feet. There is zero (0) grading proposed within the CAMA AEC. All plans and supplements reflect these changes. Also, we have enclosed the USCOE Impact Permit received 07-27 2020. Please feel free to contact us with any additional questions or comments you may have. We also request you copy Amy Norris (anorris( ntengineers.com) on all e-mail correspondence. Sincerely, NORRIS & TUNSTALL CONSULTING ENGINEERS, P.C. a0v6;__ \et,ok. T. Jaso Clark, P. E. TJC/asn 19086 08-03-20-s-sw-response-Itr(updated) Enclosures NCBELS License C-3641 STORMWATER SYSTEM & EROSION CONTROL CALCULATIONS WINDING MARSH 1029 Middle Sound Loop Road Wilmington, North Carolina For Raleigh-Wilmington Investors, LLC 1015 Ashes Drive, Suite 202 Wilmington, NC 28405 (910) 256-0101 (Ext. 102) • CC,75 h r _ it soiL �':v 03o869 Vv..1,1a4/7/ Revised July 28, 2020 (Permit Responses Update) July 2020 (Permit Responses, Including NHC EC) June 2020 (Permit Responses) April 2020 Prepared by: NORRIS &TUNSTALL CONSULTING ENGINEERS, P.C. 2602 Iron Gate Drive, Suite 102 Wilmington, North Carolina 28412 (910) 343-9653 (910) 343-9604 (Fax) BECEIVEI) License# C-3641 AUG 5 2020 NU Project No. 19086 BY: Rev‘Se..6, 7.202/0 Date De NORRIS & TUNSTALL Wilmington, NC Sheet —CONSULTING ENGINEERS P.C.-- Brunswick County, NC Of Check Job IForrW pild,‘," riNtsh), Job No. j -r-pi,.rNe, (0,1-ktil inir h iA cr,) Toifiptc.1- Perm;4--s) • - PTA*I, no orkic,iv,.., Destse, F42.6. a r y r , r:- it (-) ( ? i• ,•p c t7 44-,orvi..t , st.,5,7:/,, le: I p. .71.,eAtev --• s-zsAl'S k . 0 ,..:-.. t32.7 8 cf.i g,,,,, 7-ni= ,,,1,30Ac_ lo u-Ac\k,LUA iStkA, Q15% 3q.0 6 cFs ReD.A..,.." c' wcs).1 .. -e, = 1 '...i7e:),•')cp;i ;,- 6.`1,, -. 11,520( ....". 0 . f ; ...,, Q.e2i,....ifcc!, ,./t •-• 47 ,,,-/ A .Sc7.0(3 cFs ..:7---. /7 OW c p ; 11: w . 5 5 1 $A : 04e,33_3 -4:" \ t A V ,..-i--...- 7 ,Vniteetr,:,; •::: (9101. C90 I C TiP 3 : _....4._.--..... --a...--- . i. i (2 (' i .1 , I /1 C.4..A:•'.1-0, e IL-C:76V 07- 1::•Oritt Z./0 t....... .'!.. 4 K:-1 r 0:':..*1- ••• • t t:-, i, z .2 ....1 .? 1.);;.;:;.;:i.• '71) ....:::ec titAe"-•-•(-'t.N....ki,Vil 1.5.4., 6 Ai .. i ,.-r . 4. A F!.11 .-,.:4-1 i Io C.:. , .":,„', ,.....,; - (-) (.'-' t • r.. '•• /zo ,..:".a K i to ire(/ tde' orY' .__-.!.,... ..._.- -- . Calculate Skimmer Size Basin Volume in Cubic Feet 22,201 Cu.Ft Skimmer Size 3.0 Inch Days to Drain* 3 Days Orifice Radius 1.3 Inch[es] Orifice Diameter 2.6 Inch[es] in NC assume 3 days to drain Estimate Volume of Basin Length Width Top of water surface in feet Feet VOLUME 0 Cu.Ft Bottom dimensions in feet Feet Depth in feet Feet Date Design 1�� TA tr NO BS & TUNS xxiLL Wilmington, NC Sheet 3Z�20 ,e, --CONSULTING ENGINEERS P.C.-- Brunswick County, NC Check Jo Of �� Kellt iForJob Na.�1C�!'3E� pr�l r irshJ! Jlrti qo � � l 8co SA WATM J DESIGN. Di,FF 3M /- YR S.ToRtil — SQm+►6or SW POND Reiu,red e 444 bK+Icf TOTAL M= 2-71� 38 SF A.Li .Az. et Sj ia- 35.9%40 3/.4,7 TOTAL rMP= 09293 sr / 2.30 4, corns AT 9,P AI =Mp gip JO S5 (01 9 B C c --- C "=got 70 71 48 PRE'cn/' 5Sx6.1 = ES 11 o x 0.9 = jn 3 POST (, ' 09.3OAc. it 90 ------ 2z5.1-1 rig/ Open Spiace l Ac x(,I---) ,Z.5,01 r , C OpeA Sp4«. 3,i'1 At. x '71 Z73.oc, /69 ' ---') El-7n Ad vlun,e (SCS s= _ 1.- /U = 46 a Ozx 402= 1. /Zrr &B.s-- (3.83"+o.a x 4.6) V _ 1.12':�.C1_Yr 12„ Pas. - olwi (SCS ) C": 3rl ©.Z x Z,2 )2 .� -vf r (Sv 2.0 'ie 27q j-3&F = 3 L1 eFri?E_Qui c2ED f�OLurnE_ (f. ( Date Design NORRIS TUNS TALL ��`i fed �C��V� p�c� & 1 �u ly STALL Wilmington,NC Sheet 3. _2‘) ,qL --CONSULTING ENGINEERS P.C.-- Brunswick County,NC Check Jpb 'For Nf (/ Job No. ( vIcorSh View ) 4 �/��ier t n961lcrsI 13w I 1408c "yr REQUIRE, VoLrtnaE - 21 ,I So CF TPe. 6.� � s,a =a9;gyq� �-- o Juf�t,� ��a�fcle� _ !Op 2- ,jr- Oa &gtrw.-Furc. 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Tuesday,Jul 28 2020 Blind Swale Triangular Highlighted Side Slopes (z:1) = 3.00, 3.00 Depth (ft) = 0.49 Total Depth (ft) = 1.00 Q (cfs) = 0.080 Area (sqft) = 0.72 Invert Elev (ft) = 5.00 Velocity (ft/s) = 0.11 Slope (%) = 0.50 Wetted Perim (ft) = 3.10 N-Value = 0.350 Crit Depth, Yc (ft) = 0.14 Top Width (ft) = 2.94 Calculations EGL (ft) = 0.49 Compute by: no Q Known Q (cfs) = 0.08 Cp.,. i Elev (ft) Depth (ft) Section 7.00 2.00 6.50 1.50 6.00 --- ---: - � --- 1, - 1.00 5.50 - -�a�.. �, - 0.50 5.00 0.00 an -0.50 0 1 2 3 4 5 6 7 8 Reach (ft) \(( Ca (\rs � Vey ,;i NCDE4 Stormwater Design Manual ++ r1' . ` : , Table 1:Piedmont and Mountain SA/DA Table(Adapted from Driscoll, 1986) Percent Permanent Pool Average Depth(ft) Impervious Cover 3.0 4.0 5.0 6.4 7,0 ?8.0 10% 0.51 0.43 0.37 0.30 0.27 0.25 20% 0.84 0.69 0.61 0.51 0,44 0.40 30% 1.17 0.94 0.84 0.72 0.61 0.56 40% 1.51 1.24 1.09 0.91 0.78 0.71 50% 1.79 1.51 1.31 1.13 0.95 0.87 60% 2.09 1.77 1.49 1.31 1.12 1.03 70% 2.51 2.09 1.80 1.56 1.34 1.17 80% 2.92 2.41 2.07 1.82 1.62 1.40 90% 3.25 2.64 2.31 2.04 1.84 1.59 100% 3.55 2.79 2.52 2.34 2.04 1.75 Table 2: Coastal SA/DA Table(Adapted from Driscoll, 1986) Percent Permanent Pool Average Depth(ft) Impervious Cover 3.0 4.0 5.0 6.0 7.0 ?8.4 10% 0.78 0.61 0.44 0 0 0 20% 1.48 1.04 0.87 0.70 0.52 0.35 30% 2.18 1fi5`1j 1.39 1.13 0.87 0.70 40% 2.96 4131,83 1.39 0.96 0.78 50% 3.65 2.87 2.35 1.83 1.31 0.96 60% 4.35 3.31 2.78 2.26 1.74 1.13 70% 5.22 3.92 3.22 2.52 1.83 1.31 80% 6.92 4.52 3.65 2.78 1.91 1.57 90% 6.53 5.05 4.18 2.96 2.44 1.74 100% 7.13 5.92 4.87 3.83 2.78 1,83 .3 c:: %' j (AS. 3 Co. 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I 40i, , / - I _ j 1 i I ii ,_,T , , l l \\� \ \\ \ So, I _ e5I I \\ AJ -I �i.--}--T 1 T__ -r_o -_I`7_ I - _TI �dN 1 Watershed Model Schematic y raflow Hydrographs Extension for AutoCAD®Civil 3D®2015 by Autodesk,Inc.v10.4 MV Pre MV Post D v Route Post thru Pond °4i\ 9re - - Pond I- 1 Paso ______4RE ._ _.._. 3T _ �__Y_D r Fir YA- .i _ cc L 2.-It1r 10.2 4.0 0 • 4,0 / .: 10- r 23.' . 5- 10,Z I q,U '' 25-t(r- 2q.-9z_ i&.(03 iz .-7 3?,44f-�m � I DO-yr 170. 7 22.',6,71 Peek k1-FtiIN g "J,&S Project: Route Pond 7-20-2020 PP@5.5.gpw Tuesday, 07 i 28 i 2020 Ree 2 Hydrograph Return Period H dy raa loow'w jkTrographs Extension for AutoCAD®Civil 3D®2015 by Autodesk,Inc.v10.4 Hyd. Hydrograph Inflow Peak Outflow(cfs) Hydrograph No. type hyd(s) Description (origin) 1-yr 2-yr 3-yr 5-yr 10-yr 25-yr 50-yr 100-yr 1 ISCS Runoff -- 7.090 10.21 — 16.86 23.45 29.42 34.94 40.82 MV Pre 2 SCS Runoff — 13.97 17.87 — 25.59 32.78 39.08 44.77 50.74 MV Post 6 Reservoir 2 1.741 3.987 -- 6.305 8.853 16.63 24.90 33.62 Route Post thru Pond v '/ 7,4S OAI Pe k i ' - 8 ! I I I I I I I I 1 I Proj. file: Route Pond 7-20-2020 PP@5.5.gpw Tuesday, 07 f 28 f 2020 3 Hydrograph Summary Re- n Report iow Hydrographs Extension for AutoCAD®Civil 3D®2015 by Autodesk,Inc.v10.4 Hyd. IHydrograph Peak Time Time to Hyd. Inflow Maximum Total Hydrograph No. type flow interval Peak volume hyd(s) elevation strge used Description (origin) (cfs) (min) (min) (cuft) (ft) (cuft) 1 SCS Runoff 7.090 1 728 26,205 -- — --- MV Pre 2 SCS Runoff 13.97 1 727 47,822 -- MV Post 6 Reservoir 1.741 1 775 35,326 2 6.41 25,627 Route Post thru Pond f � I Route Pond 7-20-2020 PP@5.5.gpw Return Period: 1 Year Tuesday, 07/28/2020 4 Hydrograph Report Hydraflow Hydrographs Extension for AutoCAD®Civil 3D®2015 by Autodesk,Inc.v10.4 Tuesday,07/28/2020 Hyd. No. 1 MV Pre Hydrograph type = SCS Runoff Peak discharge = 7.090 cfs Storm frequency = 1 yrs Time to peak = 728 min Time interval = 1 min Hyd. volume = 26,205 cuft Drainage area = 6.400 ac Curve number = 68.5 Basin Slope = 0.0 % Hydraulic length = 0 ft Tc method = User Time of conc. (Tc) = 10.00 min Total precip. = 3.83 in Distribution = Type Ill Storm duration = 24 hrs Shape factor = 484 MV Pre Q(cfs) Hyd. No. 1 — 1 Year Q(cfs) 8.00 1 8.00 I I I I I I I I I I 6.00 6.00 11 4.00 4.00 A 1 P Fl M 2.00 111 i II 10.0� -�iYY�lllla4t s.�— 1ftil. � ' 1 1 1 mil.-..�.—� 0.00 0 120 240 360 480 600 720 840 960 1080 1200 1320 1440 1560 Hyd No 1 Time(min) Hydrograph Report 5 Hydraflow Hydrographs Extension for AutoCAD®Civil 3D®2015 by Autodesk, Inc.v10.4 Tuesday,07/28/2020 Hyd. No. 2 MV Post Hydrograph type = SCS Runoff Peak discharge = 13.97 cfs Storm frequency = 1 yrs Time to peak = 727 min Time interval = 1 min Hyd. volume = 47,822 cuft Drainage area = 6.400 ac Curve number = 82* Basin Slope = 0.0 % Hydraulic length = 0 ft Tc method = User Time of conc. (Tc) = 10.00 min Total precip. = 3.83 in Distribution = Type Ill Storm duration = 24 hrs Shape factor = 484 `Composite(Area/CN)=[(2.300 x 98)+(0.410 x 61)+(3.690 x 74)]/6.400 MV Post Q(cfs) Hyd. No. 2 -- 1 Year Q(cfs) 14.00 I I I Irl I I I I I I 1 14.00 12.00 12.00 10.00 10.00 8.00 lI'� 8.00 E; 6.00 11_; 6.00 4.00 ' ' 4.00 2.00 , i I 2.00 li ‘1/4' ''I. r._,,, ,I {z,l i a s-=rrta� c:�;�s 0.00 ==----��- ,��,_L, 1, — 0.00 0 120 240 360 480 600 720 840 960 1080 1200 1320 1440 1560 Time(min) ----- Hyd No. 2 6 Hydrograph Report Hydraflow Hydrographs Extension for AutoCAD®Civil 3D®2015 by Autodesk,Inc.v10.4 Tuesday,07/28/2020 Hyd. No. 6 Route Post thru Pond Hydrograph type = Reservoir Peak discharge = 1.741 cfs Storm frequency = 1 yrs Time to peak = 775 min Time interval = 1 min Hyd. volume = 35,326 cuft Inflow hyd. No. = 2 - MV Post Max. Elevation = 6.41 ft Reservoir name = SW Pond Max. Storage = 25,627 cuft Storage Indication method used. Route Post thru Pond Q (cfs) Hyd. No. 6— 1 Year Q (cfs) 14.00 I iii,___ II 14.00 12.00 - 12,00 10.00 I 10.00 8.00 8.00 6.00 - ` 6.00 4.00 - 4.00 2.00 2.00 1 1 0.00 _�..�� - .�._-- ,� �L 0.00 0 300 600 900 1200 1500 1800 2100 2400 2700 3000 Time(min) Hyd No. 6 -• Hyd No. 2 fi ! Total storage used =25,627 cult Pond Report 7 Hydraflow Hydrographs Extension for AutoCAD®Civil 3D®2015 by Autodesk,Inc.v10.4 Tuesday,07/28/2020 Pond No. 1 - SW Pond Pond Data Contours-User-defined contour areas.Average end area method used for volume calculation.Begining Elevation=5.50 ft Stage/Storage Table Stage(ft) Elevation(ft) Contour area(sqft) Incr.Storage(cuft) Total storage(cult) 0.00 5.50 26,333 0 0 0.50 6.00 28,188 13,630 13,630 0.75 6.25 28,822 7,126 20,757 0.80 6.30 28,949 1,444 22,201 1.50 7.00 30,724 20,886 43,086 2.50 8.00 33,315 32,020 75,106 2.90 8.40 34,250 13,513 88,619 Culvert/Orifice Structures Weir Structures [A] [B] [C] [PrtRsr] [A] [B] [C] [D] Rise(in) = 24.00 2.50 6.00 0.00 Crest Len(ft) = 16.00 0.00 0.00 35.00 Span(in) = 24.00 2.50 36.00 0.00 Crest El.(ft) = 7.00 0.00 0.00 7.25 No.Barrels = 1 1 4 0 Weir Coeff. 3.33 3.33 3.33 2.60 Invert El.(ft) = 5.50 0.50 6.30 0.00 Weir Type 1 -- -- Broad Length(ft) = 30.00 0.50 0.50 0.00 Multi-Stage Yes No No No Slope(%) - 0.67 0.00 0.00 n/a N-Value .013 .013 .013 n/a Orifice Coeff. 0.60 0.60 0.60 0.60 Exfil.(in/hr) = 0.000(by Contour) Multi-Stage = n/a Yes Yes No TW Elev.(ft) = 0.00 Note:Culvert/Orifice outflows are analyzed under inlet(ic)and outlet(oc)control. Weir risers checked for orifice conditions(ic)and submergence(s). Stage(ft) Stage I Discharge Elev(ft) 3.00 I --f 1 8.50 �f� �,psfr 2.00 � 7.50 i i 1.00 6.50 Iii i 0.00 I 5.50 0.0 10.0 20.0 30.0 40.0 50.0 60.0 70.0 80.0 00.0 100.0 110.0 120.0 130.0 140.0 Total Q Discharge(cfs) 8 Hydrograph Summary Re ppy ra low Hydrographs Extension for AutoCAD®Civil 3D®2015 by Autodesk,Inc.v10.4 Hyd. Hydrograph Peak Time Time to Hyd. Inflow Maximum Total Hydrograph No. type flow interval Peak volume hyd(s) elevation strge used Description (origin) (cfs) (min) (min) (cuft) (ft) (cuft) 1 SCS Runoff 10.21 1 727 36,411 -- --- MV Pre 2 SCS Runoff 17.87 1 727 61,241 --- MV Post 6 Reservoir 3.987 1 753 48,692 2 6.55 29,664 Route Post thru Pond I 1 1 1 I 1 1 Route Pond 7-20-2020 PP@5.5.gpw Return Period: 2 Year 1 Tuesday, 07 128/2020 Hydrograph Report 9 Hydraflow Hydrographs Extension for AutoCAD®Civil 3D®2015 by Autodesk, Inc.v10.4 Tuesday,07/28/2020 Hyd. No. 1 MV Pre Hydrograph type = SCS Runoff Peak discharge = 10.21 cfs Storm frequency = 2 yrs Time to peak = 727 min Time interval = 1 min Hyd. volume = 36,411 cuft Drainage area = 6.400 ac Curve number = 68.5 Basin Slope = 0.0 % Hydraulic length = 0 ft Tc method = User Time of conc. (Tc) = 10.00 min Total precip. = 4.50 in Distribution = Type Ill Storm duration = 24 hrs Shape factor = 484 Q(cfs) MV Pre Hyd. No. 1 --2 Year Q(cfs) 12.00 12.00 � I I I I I I I I I 10.00 10.00 8.00 8.00 6.00 i 6.00 1,1 4.00 4.00 2.00 1 2.00 ' ) N' ,.. _.jh.„..._ 1 1 1 1 L. 0.00 — 't 0.00 0 120 240 360 480 600 720 840 960 1080 1200 1320 1440 1560 Hyd No. 1 Time(min) 10 Hydrograph Report Hydraflow Hydrographs Extension for AutoCAD®Civil 3D®2015 by Autodesk,Inc.v10.4 Tuesday,07/28/2020 Hyd. No. 2 MV Post Hydrograph type = SCS Runoff Peak discharge = 17.87 cfs Storm frequency = 2 yrs Time to peak = 727 min Time interval = 1 min Hyd. volume = 61,241 cuft Drainage area = 6.400 ac Curve number = 82* Basin Slope = 0.0 % Hydraulic length = 0 ft Tc method = User Time of conc. (Tc) = 10.00 min Total precip. = 4.50 in Distribution = Type Ill Storm duration = 24 hrs Shape factor = 484 *Composite(Area/CN)=[(2.300 x 98)+(0.410 x 61)+(3.690 x 74)]/6.400 MV Post Q(cfs) Hyd. No. 2--2 Year Q (cfs) 18.00 I I I I I I IIII18.00 15.0015.00 �� YF 12.00 12.00 IE 9.00 I i 9.00 I Ilit i 6.00 „ - 6.00 i.i 3.00 ! 3.00 0.00 I - - ----. I I .i i 1 I_ -------t 1 _ ._1_ 0.00 0 120 240 360 480 600 720 840 960 1080 1200 1320 1440 1560 Hyd No. 2 Time(min) 11 Hydrograph Report Hydraflow Hydrographs Extension for AutoCAD®Civil 3D®2015 by Autodesk,Inc.v10.4 Tuesday,07/28/2020 Hyd. No. 6 Route Post thru Pond Hydrograph type = Reservoir Peak discharge = 3.987 cfs Storm frequency = 2 yrs Time to peak = 753 min Time interval = I min Hyd. volume = 48,692 cuft Inflow hyd. No. = 2 - MV Post Max. Elevation = 6.55 ft Reservoir name = SW Pond Max. Storage = 29,664 cuft Storage Indication method used. Route Post thru Pond Q (cfs) Hyd. No. 6--2 Year Q(cfs) 18.00 I I 1 I I I I I I I I 18.00 8 15.00 - • 15.00 12.00 - 12.00 9.00 9.00 6.00 6.00 3.00 k I 3.00 i I I i i 0.00 �._,� I -- I ! 0.00 0 300 600 900 1200 1500 1800 2100 2400 2700 3000 Time(min) Hyd No. 6 - Hyd No. 2 ilml-TH Total storage used=29,664 cuft 12 H yd ro g ra p h Summary Rep�ura`low Hydrographs Extension for AutoCAD®Civil 3D®2015 by Autodesk,Inc.v10.4 Hyd. Hydrograph Peak Time Time to Hyd. Inflow Maximum Total Hydrograph No. type flow interval Peak volume hyd(s) elevation strge used Description (origin) (cfs) (min) (min) (cuft) (ft) (cuft) 1 1SCS Runoff 23.45 1 727 80,429 --- --- — MV Pre 2 SCS Runoff 32.78 1 727 114,212 — --- MV Post 6 Reservoir 8.853 1 750 101,525 2 7.29 52,519 Route Post thru Pond I I 1 I I I I Route Pond 7-20-2020 PP@5.5.gpw Return Period: 10 Year Tuesday, 07/28/2020 13 Hydrograph Report Hydraflow Hydrographs Extension for AutoCAD®Civil 3D®2015 by Autodesk,Inc.v10.4 Tuesday,07/28/2020 Hyd. No. 1 MV Pre Hydrograph type = SCS Runoff Peak discharge = 23.45 cfs Storm frequency = 10 yrs Time to peak = 727 min Time interval = 1 min Hyd. volume = 80,429 cuft Drainage area = 6.400 ac Curve number = 68.5 Basin Slope = 0.0 % Hydraulic length = 0 ft Tc method = User Time of conc. (Tc) = 10.00 min Total precip. = 7.00 in Distribution = Type Ill Storm duration = 24 hrs Shape factor = 484 MV Pre Q (cfs) Hyd. No. 1 -- 10 Year Q (cfs) 24.00 I I I I I I I I I 24.00 1 20.00 - 20.00 Ili 16.00 16.00 11 12.00 i 12.00 It 8.00 8.00 4.00 4.00 I I I I /n� fI{ I IL If1 I �j 0.00 .-.'mx_L._ --��-r+: ;..�_.� 'r�7V'�� I -w-. rxs:�r 5asa'rr� fii+�m� 0.00 0 120 240 360 480 600 720 840 960 1080 1200 1320 1440 1560 Hyd No. 1 Time(min) 14 Hydrograph Report Hydraflow Hydrographs Extension for AutoCAD®Civil 3D®2015 by Autodesk,Inc.v10.4 Tuesday,07/28/2020 Hyd. No. 2 MV Post Hydrograph type = SCS Runoff Peak discharge = 32.78 cfs Storm frequency = 10 yrs Time to peak = 727 min Time interval = 1 min Hyd. volume = 114,212 cuft Drainage area = 6.400 ac Curve number = 82* Basin Slope = 0.0 % Hydraulic length = 0 ft Tc method = User Time of conc. (Tc) = 10.00 min Total precip. = 7.00 in Distribution = Type Ill Storm duration = 24 hrs Shape factor = 484 *Composite(Area/CN)=[(2.300 x 98)+(0.410 x 61)+(3.690 x 74)]/6.400 MV Post Q(cfs) Q(cfs) Hyd. No. 2-- 10 Year ) 35.00 35.00 1 I 1 1 I I I I I 30.00 30.00 25.00 ik 25.00 ,1 20.00 - 20.00 1. 15.00 15.00 111 10.00 10.00 11 5.00 ;+ 5.00 I I 1 \` I I I 1 0.00 L . �. _- �- _ I Q.QC 0 120 240 360 480 600 720 840 960 1080 1200 1320 1440 1560 Hyd No. 2 Time(min) 15 Hydrograph Report Hydraflow Hydrographs Extension for AutoCAD®Civil 3D®2015 by Autodesk,Inc.v10.4 Tuesday,07/28/2020 Hyd. No. 6 Route Post thru Pond Hydrograph type = Reservoir Peak discharge = 8.853 cfs Storm frequency = 10 yrs Time to peak = 750 min Time interval = 1 min Hyd. volume = 101,525 cuft inflow hyd. No. = 2 - MV Post Max. Elevation = 7.29 ft Reservoir name = SW Pond Max. Storage = 52,519 cuft Storage Indication method used. Route Post thru Pond Q(cfs) Hyd. No. 6- 10 Year Q(cfs) 35.00 I I I I I I I I I 35.00 30.00 - 30.00 • 25.00 1- - 25.00 20.00 - 20.00 15.00 - 15.00 10.00 10.00 j\,: , 5.00 - 5.00 i 0.00 e 1 —� 0.00 0 300 600 900 1200 1500 1800 2100 2400 2700 3000 Time(min) Hyd No. 6 —, Hvd No. 2 =13 Total storage used =52,519 cuft 16 Hydrograph Summary Re p FTydra-flow Hydrographs Extension for AutoCAD®Civil 3D®2015 by Autodesk,Inc.v10.4 Hyd. Hydrograph Peak Time Time to Hyd. Inflow Maximum Total Hydrograph No. type flow Interval Peak volume hyd(s) elevation strge used Description (origin) (cfs) (min) (min) (cuft) (ft) (cuft) i 1 SCS Runoff 29.42 1 727 100,704 --- — MV Pre 2 SCS Runoff 39.08 1 727 137,237 --- MV Post 6 Reservoir 16.63 1 741 124,508 2 7.45 57,523 Route Post thru Pond I I I I 1 I I• 1 I 1 Route Pond 7-20-2020 PP©5.5.gpw Return Period: 25 Year Tuesday, 07/28/2020 Hydrograph Report 17 Hydratiow Hydrographs Extension for AutoCAD®Civil 3D®2015 by Autodesk,Inc.v10.4 Tuesday,07/28/2020 Hyd. No. 1 MV Pre Hydrograph type = SCS Runoff Peak discharge = 29.42 cfs Storm frequency = 25 yrs Time to peak = 727 min Time interval = 1 min Hyd. volume = 100,704 cuft Drainage area = 6.400 ac Curve number = 68.5 Basin Slope = 0.0 % Hydraulic length = 0 ft Tc method = User Time of conc. (Tc) = 10.00 min Total precip. = 8.05 in Distribution = Type Ill Storm duration = 24 hrs Shape factor = 484 MV Pre Q (cfs) Hyd. No. 1 --25 Year Q (cfs) 30.00 L I I I I I 30.00 25.00 25.00 li20.00 20.00 15.00 1 15.00 F 10.00 10.00 i pi 5.00 5.00 I I I i i I 0.00 liW II '4416� x v��i�Y�iyE�Ttjr / ` r 1 1 aE@x9A..14„.. _..1�I � 0.00 0 120 240 360 480 600 720 840 960 1080 1200 1320 1440 1560 -- Hyd No. 1 Time(min) 18 Hydrograph Report Hydraflow Hydrographs Extension for AutoCAD®Civil 3D®2015 by Autodesk,Inc.v10.4 Tuesday,07/28/2020 Hyd. No. 2 MV Post Hydrograph type = SCS Runoff Peak discharge = 39.08 cfs Storm frequency = 25 yrs Time to peak = 727 min Time interval = 1 min Hyd. volume = 137,237 cuft Drainage area = 6.400 ac Curve number = 82* Basin Slope = 0.0 % Hydraulic length = 0 ft Tc method = User Time of conc. (Tc) = 10.00 min Total precip. = 8.05 in Distribution = Type Ill Storm duration = 24 hrs Shape factor = 484 "Composite(Area/CN)=[(2.300 x 98)+(0.410 x 61)+(3.690 x 74)]/6.400 MV Post Q(cfs) Hyd. No. 2—25 Year Q(cfs) 40.00 7 — _ — r 40.00 I I I I I ' I I I I I I I 30.00 30.00 iih t z 20.00 i t 1 20.00 Mt 10.00 ll M 10.00 I Q.. �_.� ��" ----- -. ---1,ram 5 0.00 0 120 240 360 480 600 720 840 960 1080 1200 1320 1440 1560 Hyd No. 2 Time(min) Hydrograph Report 19 Hydraflow Hydrographs Extension for AutoCAD®Civil 3D®2015 by Autodesk,Inc.v10.4 Tuesday,07/28/2020 Hyd. No. 6 Route Post thru Pond Hydrograph type = Reservoir Peak discharge = 16.63 cfs Storm frequency = 25 yrs Time to peak = 741 min Time interval = 1 min Hyd. volume = 124,508 cult Inflow hyd. No. = 2 - MV Post Max. Elevation = 7.45 ft Reservoir name = SW Pond Max. Storage = 57,523 cult Storage Indication method used. Route Post thru Pond Q(cfs) Hyd. No. 6--25 Year Q(cfs) 40.00 I I I I I I I Ti 40.00 I I I I I 30.00 30.00 20.00 20.00 10.00 10.00 I I 1 0.00 —1-1 m! -z t 0.00 0 120 240 360 480 600 720 840 960 1080 1200 1320 1440 1560 Time(min) -- Hyd No. 6 —may Hyd No. 2 I! I ! I ; i! Total storage used = 57,523 cult 20 Hydrograph S u rn f77 a ry Re p FTyrt drarlow Hydrographs Extension for AutoCAD®Civil 3D®2015 by Autodesk,Inc.v10.4 Hyd. Hydrograph Peak Time Time to Hyd. Inflow Maximum Total Hydrograph No. type flow interval Peak volume hyd(s) elevation strge used Description (origin) (cfs) (min) (min) (cuft) (ft) (cuft) 1 SCS Runoff 40.82 1 727 140,035 -- MV Pre 1 2 SCS Runoff 50.74 1 726 180,646 — MV Post 6 Reservoir 33.62 1 734 167,853 2 7.65 63,842 Route Post thru Pond I I Route Pond 7-20-2020 PP@5.5.gpw Return Period: 100 Year Tuesday, 07/28/2020 Hydrograph Report 21 Hydraflow Hydrographs Extension for AutoCAD®Civil 3D®2015 by Autodesk,Inc.v10.4 Tuesday,07/28/2020 Hyd. No. 1 MV Pre Hydrograph type = SCS Runoff Peak discharge = 40.82 cfs Storm frequency = 100 yrs Time to peak = 727 min Time interval = 1 min Hyd. volume = 140,035 cuft Drainage area = 6.400 ac Curve number = 68.5 Basin Slope = 0.0 % Hydraulic length = 0 ft Tc method = User Time of conc. (Tc) = 10.00 min Total precip. = 10.00 in Distribution = Type Ili Storm duration = 24 hrs Shape factor = 484 Q(cfs) MV Pre Hyd. No. 1 -- 100 Year Q (cfs) 50.00 50.00 I I I 1 I I I I I I I 40.00 " 40.00 30.00 ill 30.00 1! i; li 20.00 1 . 20.00 1 1 10.00 ' 10.00 1 1 0 1--------L, ..,..J....-..4---/ I -*N---- . i +---4.4-..1,.r,' 1 1 . 0.00 0 120 240 360 480 600 720 840 960 1080 1200 1320 1440 1560 Hyd No. 1 Time(min) Hydrograph Report 22 Hydraflow Hydrographs Extension for AutoCAD®Civil 3D®2015 by Autodesk, Inc.v10.4 Tuesday,07/28/2020 Hyd. No. 2 MV Post Hydrograph type = SCS Runoff Peak discharge = 50.74 cfs Storm frequency = 100 yrs Time to peak = 726 min Time interval = 1 min Hyd. volume = 180,646 cuft Drainage area = 6.400 ac Curve number = 82* Basin Slope = 0.0 % Hydraulic length = 0 ft Tc method = User Time of conc. (Tc) = 10.00 min Total precip. = 10.00 in Distribution = Type Ill Storm duration = 24 hrs Shape factor = 484 *Composite(Area/CN)=[(2.300 x 98)+(0.410 x 61)+(3.690 x 74)]/6.400 • Q(cfs) MV Post Hyd. No. 2-- 100 Year Q(cfs) 60.00 I I I I I I I I I I I I I 60.00 50.00 50.00 40.00 40.00 1i 1 30.00 30.00 J4 20.00 11 tr: 20.00 il Si • 1 , 10.00 10.00 1 I ! _ 1 :0, . 1 1 1 0.00 �s� .=,= ` I r1" p�J. --m,4I,��....jti.. . m 0.00 0 120 240 360 480 600 720 840 960 1080 1200 1320 1440 1560 Time(min) ---=- Hyd No. 2 Hydrograph Report is Hydraflow Hydrographs Extension for AutoCAD®Civil 3D®2015 by Autodesk,Inc.v10.4 Tuesday,07/28/2020 Hyd. No. 6 Route Post thru Pond Hydrograph type = Reservoir Peak discharge = 33.62 cfs Storm frequency = 100 yrs Time to peak = 734 min Time interval = 1 min Hyd. volume = 167,853 cuft Inflow hyd. No. = 2 - MV Post Max. Elevation = 7.65 ft Reservoir name = SW Pond Max. Storage = 63,842 cuft Storage Indication method used. Route Post thru Pond Q(cfs) Hyd. No. 6-- 100 Year Q(cfs) 60.00 I I I I I I I I I I I I I I 60.00 50.00 j 50.00 40.00 40.00 i 30.00 30.00 20.00 20.00 10.00 ;' I' I moo , 0.00 0 120 240 360 480 600 720 840 960 1080 1200 1320 1440 1560 Time(min) Hyd No. 6 Hyd No. 2 11111111 Total storage used =63,842 cuft 1 Hydrograph Return Period Recap y ra low nwrographs Extension for AutoCAD®Civil 3D®2015 by Autodesk,Inc.v10.4 Hyd. Hydrograph Inflow Peak Outflow(cfs) Hydrograph No. type hyd(s) Description (origin) 1-yr 2-yr 3-yr 5-yr 10-yr 25-yr 50-yr 100-yr 1 SCS Runoff --- 7.090 10.21 -- 16.86 23.45 29.42 34.94 40.82 MV Pre 2 SCS Runoff -- 13.97 17.87 ----- 25.59 32.78 39.08 44.77 50.74 MV Post 6 Reservoir 2 0.000 0.500 --- 2.703 10,58 19.30 28.98 38.46 Route Post thru Pond Proj. file: Route Pond 7-20-2020 PP@5.5 ES Only.gpw Tuesday, 07/28/2020 2 Hydrograph Report Hydraflow Hydrographs Extension for AutoCAD®Civil 3D®2015 by Autodesk,Inc.v10.4 Tuesday,07/28/2020 Hyd. No. 6 Route Post thru Pond Hydrograph type = Reservoir Peak discharge = 38.46 cfs Storm frequency = 100 yrs Time to peak = 732 min Time interval = 1 min Hyd. volume = 131,152 cult Inflow hyd. No. = 2 - MV Post Max. Elevation = 7.81 ft Reservoir name = SW Pond Max. Storage = 69,108 cuff Storage Indication method used. Route Post thru Pond Q (cfs) Hyd. No. 6-- 100 Year Q (cfs) 60.00 I I I I I I I I I I I 60.00 50.00 j - 50.00 40.00 40.00 30.00 30.00 20.00 20.00 10.00 10.00 Liti, II I I I 0.00 �,A I-- I� . , jelom...1 0.00 0 120 240 360 480 600 720 840 960 1080 1200 1320 1440 1560 Time(min) Hyd No. 6 `-.a- Hyd No. 2 [FI TTI Total storage used=69,108 cult Pond Report 3 Hydraflow Hydrographs Extension for AutoCAD®Civil 3D®2015 by Autodesk,Inc.v10.4 Tuesday,07/28/2020 Pond No. 1 - SW Pond Pond Data Contours-User-defined contour areas.Average end area method used for volume calculation.Begining Elevation=5.50 ft Stage I Storage Table Stage(ft) Elevation(ft) Contour area(sqft) Incr.Storage(cuft) Total storage(cuft) 0.00 5.50 26,333 0 0 0.50 6.00 28,188 13,630 13,630 0.75 6.25 28,822 7,126 20,757 0.80 6.30 28,949 1,444 22,201 1.50 7.00 30,724 20,886 43,086 2.50 8.00 33,315 32,020 75,106 2.90 8.40 34,250 13,513 88,619 Culvert/Orifice Structures Weir Structures [A] [B] [C] [PrfRsr] [A] [B] [C] [D] Rise(in) Inactive Inactive Inactive 0.00 Crest Len(ft) Inactive 0.00 0.00 35.00 Span(in) = 24.00 2.50 36.00 0.00 Crest El.(ft) = 7.00 0.00 0.00 7.25 No.Barrels = 1 1 3 0 Weir Coeff. = 3.33 3.33 3.33 2.60 Invert El.(ft) = 5.50 0.50 6.30 0.00 Weir Type = 1 - - Broad Length(ft) = 30.00 0.50 0.50 0.00 Multi-Stage Yes No No No Slope(%) = 0.67 0.00 0.00 n/a N-Value = .013 .013 .013 n/a Orifice Coeff. = 0.60 0.60 0.60 0.60 Exfil.(in/hr) = 0.000(by Contour) Multi-Stage = n/a Yes Yes No TW Elev.(ft) = 0.00 Note:Culvert/Orifice outflows are analyzed under inlet(ic)and outlet(oc)control.Weir risers checked for orifice conditions(Ic)and submergence(s). Stage(ft) Stage/Discharge Elev(ft) 3.00 8.50 �j��,. 2.00 -�? 7.50 1.00 6.50 I I i 0.00 1 5.50 0.0 10.0 20.0 30.0 40.0 50.0 60.0 70.0 80.0 90.0 100.0 110.0 120.0 Total Q Discharge(cfs) Date Design NORRIS & TUNSTA LL Wilmington,NC Sheet CONSULTING ENGINEERS P.C.---- Brunswick County,NC Check Job Oi For Job No. API C Of -; I plat b"�: *Mt 10 rho s T ", Co Dirt•-e.cf Dial :A. .i-q l' frx:!i ..i:...s /i1 e r =: TA is n��.�� the n-tc+S o 4- -14,c. Zosiet,ay .e ` Low ate �A C'/ I.S`� I(5 6-r;Ac! r I I r r 1 � u)�~ (Y�;C�ft le �e��r+c� t•;,i;,/� i�fit. �ij Order h'e ce (' i•n; -' i z 1 C L Fa'•-1 rA t cc;.5 CAp .i hole. ,fs-- (� rire A.,IA °te k .{ - /Uc Do-r 20 W f iuvc Poloosed ceit ( J-Ma-1044.41•c l- !Vorf-V, Dr;ut E t Above +he-- C•4e ae 2e , � rr (n,rcCr� rporA(�+ dt7;ti ,'n r`��cir1Cl. . Dr A) N C 'r"rC ��.;' V.Ve r c.l. {^4 s.,=,ti lar.�'i �Iv�.> Fr t r 11''t .r e.,w. VJ ! /O er too/ Rip-Pap illtatorl :f•• .. ��.. .:ter• r��.i;.� r ()AA 0 r;.-P 4 Frelen SO CA(C5 OC\ ,4 I I _side CASe "feS4rca"'t (4-L- Gnu alcGt.( k-ft. (10.1(Dee ) Ow4 /C-! too- — 7 ty$- ' Hc•L 1(J- . = 7Z9 1 14C--� Zs y = 7.Lt.5 Culvert Report Hydraflow Express Extension for Autodesk®AutoCAD®Civil 3D®by Autodesk, Inc. Tuesday,Jul 28 2020 Analyze DI1 Overflow due to HGL Invert Elev Dn (ft) = 2.90 Calculations Pipe Length (ft) = 26.00 Qmin (cfs) = 8.00 Slope (%) = -0.58 Qmax (cfs) = 16.00 Invert Elev Up (ft) = 2.75 Tailwater Elev (ft) = 7.0 Rise (in) = 24.0 Shape = Circular Highlighted Span (in) = 24.0 Qtotal (cfs) = 10.20 No. Barrels = 1 Qpipe (cfs) = 10.20 n-Value = 0.012 Qovertop (cfs) = 0.00 Culvert Type = Circular Concrete Veloc Dn (ft/s) = 3.25 Culvert Entrance = Square edge w/headwall (C) Veloc Up (ft/s) = 3.25 Coeff. K,M,c,Y,k = 0.0098, 2, 0.0398, 0.67, 0.5 HGL Dn (ft) = 7.00 HGL Up (ft) = 7.05 Embankment Hw Elev (ft) = 7.29 Top Elevation (ft) = 8.00 Hw/D (ft) = 2.27 Top Width (ft) = 12.00 Flow Regime = Outlet Control Crest Width (ft) = 100.00 Elev(ft) Analyze DI1 Overflow due to HGL Hw Depth(It) 9.00 825 8.00 5.25 M' --AN% 7.00 ,..,,...+^--Outletcon-rol """'^"'".'." 4.25 6.00 1 3.25 5.00 2.25 4.00 _. 1.25 3.00 0.25 2.00 -0.75 1.00 -1.75 0 5 10 15 20 25 30 35 40 46 50 Circular Culvert HGL Embank Reach(it) l - 4" up „L.- t +0 ' -(-ertivA {r't 2... 0d .4 Y e A '�. r +i ��,,y�� eL,1 r '+, r .:-- y yp y q .;'gyp .,,,, - 0 n tel it L Cs1 v C' ti O N ,r it 0 In QC t • i .- C) tl' tf) CD CO 0) M NI' CO CO 0 N CD CO I N N N N N N N C., VI C) C) C7 d- V. V. = N N N CV CV CV CV CV N N CV CV CV N N N N 1 J J _ 1 3 - O N N N N(TT, A. C ,t IV)v CD C[) I CO oh. N- I = r: I: n N- n fir: r- r: r- N.R n n 1: I: 1: 1: • • n • 1 t a e) Cn v a 8 8 m CD n n CD rn rn o o c- o 0 0 0 o 0 0 0 0 0 0 0 0 ri r` N- r: 1: 1: 1: r: r: C: 1: r: r: N: n r: r: : I C O o O O o o O O O O o 0 0 o O O 0 1 0 v O O O go o O O O go 0 0 0 0 0 0 1 r: r: r` l: 1: I: I: r: r: r: N: r` A r: r: N: 1:I I I 1 �^' _ I L ` I c C o O O O O O O op O O O o o O O O' I v N N N N N N N N N N N N N N N N N i `��444xyy I 1 I • o O o O o o O o 0 o O O O O O O o C C o O ago O O o O o 0 o O O o O O sr V' 4 NI: 4 4 cr of 4 4 4 4 fill t 1/1 1 v N N N N N N N N N N N N N N N N N 1 tl- `, �• i ^1 I n 1 Cj N i j • u�If) Co N eO a O CD N CO T- O N 1".. M D)I o0 o r a co o 4 r) rn .- th m n rn o, 0 N N N Ci C7 C; Cn M C; 4 cr 44 to 1 32 11 Vi • D I 1,1 1,-.1,. �N O � Ln n N CO st O CD N o st• O C. N IT. Ch CA I en r: a0 0 eo co o en eo v, m n en o ... 0 1 N N N el r) C7 G) er, C') C') v v v cr v u)1 1.a.. r o 0 0 0 0 0 0 0 0 0 o O O o o O o; r . o 0 O 0 0 0 0 o O o 0 0 0 0: N.- O � o o 0 o 0 0 0 0 0 o 0 0 0 o c o 0 0 0 0 I 1 0 j i j{ rre • 0 r, r, 0 0 0 0 0 r0D 0 o a 0 o1 i o a � o In o o 0 o rD o ID 0 Q. C7 co 0) D) O O N N C') P') Rt C- i7 Lry co 1 >- ` S C C , %\41 0 0 o O o 0 0 0 0 0 0 0 0 0 0 0 0l "'� ' s , -, o O O fg O Il) O CD O CD O eD O CD O CD O 1 ; 1 CO CO O) D) O C .- .- N CV C�) C') �' CC) lf) CO —i Culvert Report Hydraflow Express Extension for Autodesk®AutoCAD®Civil 3D®by Autodesk,Inc. Tuesday,Jul 28 2020 Marsh View Pond OS 25 yr Invert Elev Dn (ft) = 5.30 Calculations Pipe Length (ft) = 35.00 Qmin (cfs) = 16.63 Slope (%) = 0.57 Qmax (cfs) = 30.00 Invert Elev Up (ft) = 5.50 Tailwater Elev (ft) = (dc+D)/2 Rise (in) = 24.0 Shape = Circular Highlighted Span (in) = 24.0 Qtotal (cfs) = 16.63 No. Barrels = 1 Qpipe (cfs) = 16.63 n-Value = 0.012 Qovertop (cfs) = 0.00 Culvert Type = Circular Concrete Veloc Dn (ft/s) = 5.75 Culvert Entrance = Square edge w/headwall (C) Veloc Up (ft/s) = 6.72 Coeff. K,M,c,Y,k = 0.0098, 2, 0.0398, 0.67, 0.5 HGL Dn (ft) = 7.03 HGL Up (ft) = 6.97 Embankment Hw Elev (ft) = 7.95 Top Elevation (ft) = 8.40 Hw/D (ft) = 1.22 Top Width (ft) = 15.00 Flow Regime = Inlet Control Crest Width (ft) = 50.00 Slav(ft) Marsh View Pond OS 25 yr Hw Depth(ft) 9.00 3.50 . 8.00 '..` ✓^`^^Inlet control2.50 7.00 e. -. 1.60 8.00 0.50 5.00 - -0.50 4.00- .1.50 0 5 10 15 20 26 30 35 40 45 50 55 Circular Culvert HGL Embank Reach(ft) Channel Report Hydraflow Express Extension for Autodesk®AutoCAD®Civil 3D®by Autodesk,Inc. Tuesday,Jul 28 2020 MV Pond OS 100y ES Trapezoidal Highlighted Bottom Width (ft) = 35.00 Depth (ft) = 0.40 Side Slopes (z:1) = 3,00, 3.00 Q (cfs) = 7.283 Total Depth (ft) = 0.75 Area (sqft) = 14.48 Invert Elev (ft) = 7.25 Velocity (ft/s) = 0.50 Slope (%) = 0.05 Wetted Perim (ft) = 37.53 N-Value = 0.035 Crit Depth, Yc (ft) = 0.12 Top Width (ft) = 37.40 Calculations EGL (ft) = 0.40 Compute by: Known Depth Known Depth (ft) = 0.40 Elev (ft) Section Depth (ft) 9.00 I I I 1.75 8.50 1.25 8.00 -:--,z.- ,-= 0.75 7.50 \._ 0.25 7.00 I - -- -0.25 6.50 - I -0.75 0 5 10 15 20 25 30 35 40 45 50 Reach (ft) •• —lc•.--•,,b.''-• , L. --_ -- _ 7 _ \ill. Z—iviii•• -1-,• ". ,. ;,• .. ..i.. 4f0-- r./1;.N.-P .-".1'14 .c''' AYor �y Y. l_ ::"77 ,i,.•' }i. ,�,� i :, ire • 6t r "f~ ' ^,�,'.ry 'ram .-., s-,i1^. lik , '~ —• � 1 n; alg%. . ..F.4 A-441r iif.: :1:'."4"4. 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I +' 4) I C 0 •. i i o U • E :El J 1 C.. 6 -- vi I . 1 1 1 ' 2 441 ' IP' .• . ., 1 m ._ ' I to g 0- '4. 1 Appendices NEW YORK DOT DISSIPATOR METHOD FOR USE IN DEFINED CHANNELS (Source: "Bank and channel lining procedures",New York Department of Transportation,Division of Design and Construction, 1971_) NOTE:To use the following chart you must know: (1) Q full capacity (2) Qi0 (3) V full (4) Vie where Q=discharge in cfs and V=Velocity in FPS. ESTIMATION OF STONE SIZE AND DIMENSIONS FOR CULVERT APRONS Step I) Compute flow velocity V at culvert or paved channel outlet Step 2) For pipe culverts Do is diameter. For pipe arch,arch and box culverts,and paved channel outlets, D.=A.where A.=cross-sectional area of flow at outlet. For multiple culverts,use Do=1.25 x De of single culvert. Step 3) For apron grades of 10%or steeper,use recommendations For nexr higher zone. (Zones 1 through 6). :I.Pttt ::1':1:.:1: 41... i :: tr:,y+ s . i;. ILieltNITIKNERMILEOICLIVIIIIIIILIIIN nmuv■=�,urx■ +1: a pp]]1[:•• ,':+:if'! I: •1: Q 111:I:1 1111' a kiliB►(�ny1`pp'mC]I'��/1�J +'1 .1 : +. +.: Li et=avm=c��aam■1[1p`� 't 1 1 1 ;II I >tia■■■Sii ill 1 i : k .': ::1:11. :I,j 111:11:.." t! :: ' rn ■■r=s•..��r l... a.[r wlriaia= ■r�1 ■ ) / =rl aR\ ... .7 1 I f 1 - ," 1 1 11,,• ■i='�iiaka r t■p=-��=n mr/1anli[ru■ir■4 1 V 1 11 I�iri=s=u',Lru�r■rrir • : •':::: 11: 1 4:,T • Ctntucf i +.. ..' , IL 11�11'.I +. 1':111 •.11' . _ ■a=rv�■=,,■�mnQ wulrmru"ruaai e le 7f ilird 'i• �I. 1 1 i.Il ..1 .1.!1' ( �� C' l I m DIAMETER(Ft.) Can 4.lie Figure 8.06e 5 c4 i Roy,On] 8.06.5 D LENGTH OF APRON TO PROTECT TO PREVENTSCQUR 30 FEs nwri 6 APRON MATERIAL CULVERT HOLE USEL2ALWAYS L� L I ll L1 E c K I0 x '$ CI STONE FILLING(FINE) CL.A 3 X Do 4 x D. 1 L a 0 STONE FILLING(LIGHT) CL.B 3 X Do 6 x D. cc a- 3 STONE FILLING(MEDIUM)CL 1 4 X Do 8 x D. 11 4 STONE FLUNG(HEAVY) CL.1 4 X Da 8 x D. dy FEs 411in ED 5 STONE FILLING(HEAVY) CL.2 5 X De 10 x D ID. $4X 6 STONE FILLING(HEAVY) CL 2 6 X Do 10 x D. CL SS 7 SPECIAL STUDY REQUIRED(ENERGY DISSIPATORS,STILLING BASIN OR LARGER SIZE STONE). r Figure 8.06d i S FE S 41'n j`) Width=3 times pipe dia.(min.) X S x I Z 4 DETERMINATION OF STONE SIZES FOR DUMPED SWAT CMAINPI L LININGS AND REVETMENTS C. G/ 53 I Step 1. Use figure 8.06.b.3 to determine maximum stone size(e.g.for 12 Fps=20"or 550 lbs. Step 2. Use figure 8.06.6.4 to determine acceptable size range for stone (for 12 FPS it is 125-500 lbs.for 75%of stone,and the maximum A&Ve... 3:,,,,,s,On and minimum range in weight should be 25-500 lbs.). NOTE: In determining channel velocities for stone linings and revetment, Are h,MVOs use the following coefficients of roughness: 1!!1 Diameter Manning's Min.thickness QLv j` ,S k p (inches) "n" of lining (inches) 1 f Fine 3 0.031 9 12 Ligh(,Af(j e r 5net5 y Medium 13 0.040 t 2 18 ✓ / ��/�� . 0.035 18 24 Heavy 23 0.044 30 36 (Channels) (Dissapators) 8.06.6 Rev.12193 Soil Types .An Interactive .61eb Map:of New-HanoverCounty,'NC _ • 4..� , F ._» iris, 6- • s :.' / 1. .f�''�►�� 5 +S I 1 �� ,, i. ..� '� ' . -.--ram \ ` V' � `,, � TM • ..y .,may �,,� tit �.•+..�s -of � • fr - • + i -�_ • tiy i • _ y • t i 1 \\ c , '''...:1-. 7.:_''''''.-14''' \\\:1\* ..":' ":'`''': .1::::>.'' • I' I +.jive. • •,'- ' ,` i ,o, . rf • - r } d j'. _ ; qt� "� County, NC New Hanover Coin...l J •er - :' - • Ali'rigIitsreserved _ - °r:--•.-.-. 'I =W--r ,•; es?`-:, r..7 NEW.FrANOVER COUN17S7ORM F ITU DESIGN MANUAL SECTION 40-ReINOFFD,ETERMIVA770NPROCEDURES TABLE 40-4 HYDRAULIC SOILS GROUPS IN NEW HANOVER COUNTY • Map Soil Hydrologic Symbol Group Soil Type . Ba D Be Bayboro Be A Bayrneade Bp ** Baymeade-Urban Land Complex Borrow Pit Cr Cr C Craven DOJO D Dorovan D Johnston Ke A Kenansville Kr Kureb Ku *� Kureb-Urban Land Complex La A Lakeland Le B/D Leon * LoL C Leon-Trrhan Land Complex Lynchburg . Ly Ly *B/DLynn Haven Mp Mu Mine Pits A/D Murville Nh A Newhan No B Norfolk On B Onslow Pm D Pamlico Pn B/D Ra B/D Pantego A RainsR Rimini SSe A/D Seagate St Seagate-Urban Land Complex St * Stallings Tidal Marsh To (Jro C Torhiinta . * Urban Land Wa A Wo B/D wakulla Wr Woodington C Wnightsboro * Requires Field Judgement by Designer,Subject to Concurrence of County Engineer A/R Refers to drained/undrained, Source:Urban Hydrology for Small Watersheds,USDA-SCS,210-V I TR-55,Second Ed.,June 1986 ADOPTED SEpVEMBER 5,2000 AWE40-7 Channel Report Hydraflow Express Extension for Autodesk®AutoCAD®Civil 3D®by Autodesk,Inc. Tuesday,Jul 28 2020 Blind Swale Triangular Highlighted Side Slopes (z:1) = 3.00, 3.00 Depth (ft) = 0.55 Total Depth (ft) = 1.00 Q (cfs) = 0.110 Area (sgft) = 0.91 Invert Elev (ft) = 5.00 Velocity (ft/s) = 0.12 Slope (%) = 0.50 Wetted Perim (ft) = 3.48 N-Value = 0.350 Crit Depth, Yc (ft) = 0.16 Top Width (ft) = 3.30 Calculations EGL (ft) = 0.55 Compute by: Known Q Known Q (cfs) = 0.11 Elev (ft) DcNt" (ft) Section 7.00 I I I 2.00 6.50 1.50 6.00 - ---- -\\N �f. = - 1.00 40"4/ 5.50 0.50 ' 5.00 r n 00 v.V� 4.50 . -0.50 0 1 2 3 4 5 6 7 8 Reach (ft) Channel Report Hydraflow Express Extension for Autodeske AutoCADO Civil 300 by Autadesk,Inc. Monday,Jun 15 2020 Swale 1 10 yr Triangular Highlighted Side Slopes (z:1) = 3.00, 3.00 Depth (ft) = 0.44 Total Depth (ft) = 1.50 Q (cfs) = 0.850 Area (sqft) = 0.58 Invert Elev (ft) = 9.00 Velocity Otis) = 1.46 Slope (%) = 1.00 Wetted Perim (ft) = 2.78 N-Value = 0.035 Crit Depth, Yc (ft) = 0.35 Top Width (ft) = 2.64 Calculations EGL (ft) = 0.47 Compute by: Known Q Known Q (cfs) = 0.85 O fir- 0, Elev (ft) Depth ft Section p ( ) 11.00 r i . • 2.00 10.50 — 1.50 10.00 \ . 1.00 9.50 c�r ' 0.50 • 9.00 1 OM 8.50 -0.50 0 1 2 3 4 5 6 7 8 9 10 11 Reach (ft) Depth Q Area Veloc • Wp Yc TopWidth (ft) fcfsl (soft) (ftfs) (ft.) (ft). 0.06 0.004 0.011 0.40 0.38 0.05 0.36 0.12 0.027 0.043 0.63 0.76 0.09 0.72 0.18 0.080 0.097 0.82 1.14 0.14 1.08 0.24 0.172 0.173 1.00 1.52 0.19 1.44 0.30 0.312 0.270 1.16 1.90 0,24 1.80 0.36 0.508 0.389 1.31 2.28 0.29 2.16 0.42 0.766 0.529 1.45 2.66 0.34 2.52 0.48 Q 1611.094 0.691 delP3.04 0.39 2.88 0.54 la PJ1.497 0.875 � ® 3.42 0.44 3.24 0.60 Qpt} 1.983 1.080 1.84 3.79 0.49 3.60 0.66 2.557 1.307 1.96 4.17 0.54 3.96 0.72 3.225 1.555 2.07 4.55 0.60 4.32 0.78 3.992 1.825 2.19 4.93 0.65 4.68 0.84 4.865 2.117 2.30 5.31 0.70 5.04 0.90 5.848 2.430 2.41 5.69 0.75 5.40 0.96 6.946 2.765 2.51 6.07 0.81 5.76 1.02 8.165 3.121 2.62 6.45 0.86 6.12 1.08 9.510 3.499 2.72 6.83 0.92 6.48 1.14 10.98 3.899 2.82 7.21 0.97 6.84 1.20 12.60 4.320 2.92 7.59 1.02 7.20 1.26 14.35 4.763 3.01 7.97 1.08 7.56 jf 1.32 16.24 5.227 3.11 8.35 1.13 7.92 I` 1.38 18.28 5.713 3.20 8.73 1.19 8.28 1.44 20.48 6.221 3.29 9.11 1.24 8.64 1.50 22.84 6.750 3.38 ... 9.49 1.30 9.00 "P' *0'C.) IVO k Qts.7- 0,96 1/1-. 1-5 0 -res GF 7 r i-hurtr=ftnui E`vnrccc_QUUi=ln 19I1 yr_ nail M11 .. Channel Report Hydraflow Express Extension for Autodesk®AutoCAD®Civil 300 by Autodesk,Inc. Monday,Jun 15 2020 Swale 2 10 yr Triangular Highlighted Side Slopes (z:1) = 3.00, 3.00 Depth (ft) = 0.48 Total Depth (ft) = 1.50 Q (cfs) = 0.900. Area (sqft) = 0.69 Invert Elev (ft) = 9.00 Velocity (ft/s) = 1.30 Slope (%) = 0.70 Wetted Perim (ft) = 3.04 N-Value = 0.035 Crit Depth, Yc (ft) = 0.36 Top Width (ft) = 2.88 Calculations EGL (ft) = 0.51 Compute by: Known Q Known Q (cfs) = 0.90 ;�•\ f Elev (ft) ft Depth Section p ( ) 11.00 2.00 10.50 - 1.50 \\ 10.00 1.00 9.50 0.50 9.00 I I I 0.00 8.50 1 -0.50 0 1 2 3 4 5 6 7 8 9 10 11 Reach (ft) Depth Q Area Veloc Wp Ye (ft) (cfs) WIT (ft/S) OE) (ft) (ft f �dti••� 0.08 0.006 0.017 0.38 0.47 0.05 0.45 0.15 0.041 0.068 0.61 0.95 0.11 0.90 0.23 0.121 0.152 0.80 1.42 0.16 1.35 0.30 0.261 0.270 0.97 1.90 0.22 1.80 0.38 0.474 0.422 1.12 2.37 0.28 2.25 0.45 /,..1 }0.770 0.608 1.27 2.85 0.34 P.70 0.53 ! 1.162 0.827 4113) 3.32 0.40 3.15 0.60 (Plod 1.659 1.080 \ 3.79 0.46 3.60 0.68 2.272 1.367 1.66 4.27 0.52 4.05 0.75 3.009 1.688 1.78 4.74 0.58 4.50 0.82 3.879 2.042 1.90 5.22 0.64 4.95 0.90 4.893 2.430 2.01 5.69 0.70 5.40 0.97 6.057 2.852 2.12 6.17 0.76 5.85 1.05 i.sat 3.308 2.23 6.64 0.83 6.30 1.13 8.872 3.797 2.34 7.12 0.89 6.75 1.20 10.54 4.320 2.44 7.59 0.95 7.20 1.28 12.39 4.877 2.54 8.06 1.02 7.65 1.35 14.43 5.468 2.64 8.54 1.08 8.10 1.43 16.66 6.092 2.74 9.01 1.14 8.55 1.50 19.11 6.750 2.83 9.49 1.21 V-; /,03cr.' V4. ILs Gtoa - It 19CFs V L (1$' 4,5 Hvriraflrner Ivnrccc- c iu Ic 7 i fl.rr_f1R/i R/n 4 Channel Report Hydraflow Express Extension for Autodesk®AutoCAD®Civil 3D®by Autodesk,Inc. Monday,Jun 15 2020 Swale310yr Triangular Highlighted Side Slopes (z:1) = 3.00, 3.00 Depth (ft) = 0.47 Total Depth (ft) = 1.50 Q (cfs) = 1.140 Area (soft) 0.Invert Elev (ft) = 9.00 Velocity(Ws) = 1.72 ' Slope (%) = 1.30 Wetted Perim (ft) = 2,97 N-Value = 0.035 Crit Depth, Yc (ft) = 0.39 Top Width (ft) = 2.82 Calculations EGL (ft) = 0.52 Compute by: Known Q Known Q (cfs) = 1.14 ti;(: 1 C. 5 (:).7 ------?1 MA ad Elev (ft) ft Depth Section p ( ) 11.00 i 2.00 10.50 - 1.50 \ / 10.00 1.00 9.50 0,50 9.00 _ 0.00 8.50 -0.50 0 1 2 3 4 5 6 7 8 9 10 11 Reach (ft) Depth Q Area Veloc Wp Yc TopWidth (ft) (cfs) (WO (Ns) (ft) 0.08 0.009 0.017 0.52 0.47 0.06 0.45 0.15 0.056 0.068 0.83 0.95 0.12 0.90 0.23 0.165 0.152 1.09 1.42 0.18 1.35 0.30 0.356 0.270 1.32 1.90 0.25 1.80 0.38 0.646 0.422 1.53 2.37 0.32 2.25 0.45 aS 1.050 0.608 1.73 2.85 0.38 2.70 0.53 in j 1.584' 0.827 41112143.32 0.45 3.15 0.60 (Oa 2.261 1.080 04 3.79 0.52 3.60 0.68 3.096 1.367 2.26 4.27 0.59 4.05 0.75 4.100 1.688 2.43 4.74 0.66 4.50 0.82 5.287 2.042 2.59 5.22 0.72 4.95 0.90 6.667 2.430 2.74 5.69 0.79 5.40 0.97 8.254 2.852 2.89 6.17 0.87 5.85 1.05 10.06 3.308 3.04 6.c4 0.94 6.30 ( 1.13 12.09 3.797 3.18 7.12 1.01 6.75 1.20 14.36 4.320 3 37 7.59 1.08 7.20 1.28 16.88 4.877 3.46 8.06 1.15 7.65 1.35 19.66 5.468 3.60 8.54 1.22 8.10 1.43 22.71 6.092 3.73 9.01 1.29 8.55 1.50 26.04 6.750 3.86 9.49 1.37 9.00 qs__ 7:: 11-71cp,r V4. It '71_ (es .Votc- p, L2IGu --.:. I' G2crs v1- a? 01. i Hydraflow Express-Swale 310 yr-06/15/20 1 Channel Report Hydraflow Express Extension for Autodeske AutoCAD®Civil 3D(W by Autodesk,Inc. Monday,Jun 15 2020 Sviia!e 4 10 yr Triangular Highlighted Side Slopes (z:1) _ 3.00, 3.00 Depth (ft) = 0.80 Total Depth (ft) = 1.50 Q (cfs) = 3.000 Area (sqft) = 1.92 Invert Elev (ft) = 9.00 Velocity (ft/s) = 1.56 Slope (%) = 0.50 Wetted Perim (ft) = 5.06 N-Value = 0.035 Crit Depth, Yc (ft) = 0.58 Top Width (ft) = 4.80 Calculations EGL (ft) = 0.84 Compute by: Known Q Known Q (cfs) = 3.00 f R l ttc1 Elev (ft) De Depth Section P (ft) 11.00 . 2.00 10.50 -- iii — 1.50 10.00 1.00 9.50 0.50 • 9.00 r I u.00 8.50 -0.50 0 1 2 3 4 5 6 7 8 9 10 11 Reach (ft) Depth pth a Area Veloc Wp Yc TopWidth (ft) (cfs) (sqft) (ft/s) (ft) (ft) 0.08 0.005 0.017 0.32 0.47 0.05 0.45 0.15 0.035 0.068 0.52 0.95 0.10 0.90 0.23 0.103 0.152 0.67 1.42 0.15 1.35 0.30 0.221 0.270 0.82 1.90 0.21 1.80 0.38 0.400 0.422 0.95 2.37 0.26 2.25 0.45 0.651 0.608 1.07 2.85 0.32 2.70 0.53 0.982 0.827 1.19 3.32 0.37 3.15 0.60 1.402 1.080 1.30 3.79 0.43 3.60 0.68 1.920 1.367 1.40 4.27 0.48 4.05 0.75 ry 2.543 1.688 1.51 4.74 0.54 4.50 0.82 -'yr 14.279 2.042 1.61 5.22 0.60 4.95 0.90 4.135 2.430 (1.70 ) 5.69 0.66 5.40 1/41 ad 0.97 .119 2.852 1.79 6.17 0.72 5.85 1.05 6.23R 3.308 1.89 2.64 0.7 i 6.30 1.13 7.498 3.797 1.97 7.12 0.83 6.75 1.20 8.906 4.320 2.06 7.59 0.89 7.20 1.28 10.47 4.877 2.15 8.06 0.95 7.65 1.35 12.19 5.468 2.23 8.54 1.01 8.10 1.43 14.08 6.092 2.31 9.01 1.07 8.55 1.50 16.15 6.750 2.39 9.49 1.13 9.00 PI r- • gich) - 42,cps 1/.. 4 if 7Y 'rts Hydraflow Express-Swale 4 10 yr-06/15/20 1 Channel Report Hydraflow Express Extension for Autodeske AutoCAD®ClvII 3D®by Autodesk,Inc. Monday,Jun 15 2020 Swa!e 5 10 yr Triangular Highlighted Side Slopes (z:1) = 3.00, 3.00 Depth (ft) = 0.46 Total Depth (ft) = 1.50 Q (cfs) = 0.800 Area (sqft) = 0.63 Invert Elev (ft) = 9.00 Velocity (ft/s) = 1.26 Slope (%) = 0.70 Wetted Perim (ft) = 2.91 N-Value = 0.035 Crit Depth, Yc (ft) = 0.34 Top Width (ft) = 2.76 Calculations EGL (ft) = 0.48 Compute by: Known Q Known Q (cfs) = 0.80 6 ) !past Elev (ft) ft Depth Section p ( ) 11.00 1 , . 2.00 10.50 -- 1.50 10.00 1.00 9.50 .\\ / 0.50 I I I 9.00 I I j 0.00 8.50 -0.50 0 1 2 3 4 5 6 7 8 9 10 11 Reach (ft) `Depth Q Area Veloc Wp Yc TopWidth (ft) (c5) (sqft) (Ns) (ft) (ft) (ft) 0.08 0.006 0.017 0.38 0.47 0.05 0.45 0.15 0.041 0.068 0.61 0.95 0.11 0.90 0.23 0.121 0.152 0.80 1.42 0.16 1.35 0.30 0.261 0.270 0.97 1.90 0.22 1.80 0.38 0.474 0.422 1.12 2.37 0.28 2.25 0.45 - Zf 0.770 0.608 1.27 2.85 0.34 2.70 0.53 1.162 0.827 �i�� 3.32 0.40 3.15 0.60 l toi) 1.659 1.080 1.54 3.79 0.46 3.60 0.68 2.272 1.367 1.66 4.27 0.52 4.05 0.75 3.009 1.688 1.78 4.74 0.58 4.50 0.82 3.879 2.042 1.90 5.22 0.64 4.95 0.90 4.893 2.430 2.01 5.69 0.70 5.40 0.97 6.057 2.852 2.12 6.17 0.76 5.85 1.05 7.3Rn 3.308 2.23 6.64 0.83 6.30 1.13 8.872 3.797 2.34 7.12 0.89 6.75 1.20 10.54 4.320 2.44 7.59 0.95 7.20 1.28 12.39 4.877 2.54 8.06 1.02 7.65 1.35 14.43 5.468 2.64 8.54 1.08 8.10 1.43 16.66 6.092 2.74 9.01 1.14 8.55 1.50 19.11 6.750 2.83 9.49 1.21 9.00 Qç IQ ... t/ e-- I, ti I r.4r. 011 I r I if cf.; Hydraflow Express-Swale 510 yr-06/15/20 1 Channel Report Hydraficw Express Extension for Autodesk®AutoCAD®Civil 3D®by Autodesk,Inc. Monday.Jun 15 2020 Swale 6 10 yr Triangular Highlighted Side Slopes (z:1) = 3.00, 3.00 Depth (ft) = 0.42 Total Depth (ft) = 1.50 Q (cfs) = 0.780 Area (sqft) = 0.53 Invert Elev (ft) = 8.30 Velocity (ft/s) = 1.47 Slope (%) = 1.10 Wetted Perim (ft) = 2.66 N-Value = 0.035 Crit Depth, Yc (ft) = 0.34 Top Width (ft) = 2.52 Calculations EGL (ft) = 0.45 Compute by: Known Q Known Q (cfs) = 0.78 (1).. .: ; , "I Elev (ft) De Depth Section p (ft) 10.00 I I 1.70 7-- 9.50 1.20 9.00 0.70 \0//'42--.."--". / 8.50 0.20 8.00 _0 30 E i I � 7.50 - -0,80 0 1 2 3 4 5 6 7 8 9 10 11 Reach (ft) Depth 0 Area Veloc Wp TopWidi (0) (cfs) (sgft) (Ws) (ft) (ft) (ft) 0.08 0.008 0.017 0.48 0.47 0.06 0.45 0.15 0.052 0.068 0.76 0.95 0.12 0.90 0.23 0.152 0.152 1.00 1.42 0.18 1.35 0.30 0.327 0.270 1.21 1.90 0.24 1.80 0.38 Qzc 0.594 0.422 1.41 2.37 0.31 2.25 0.45 �P0.966 o soft 41D2.85 0.37 2.70 0.53 Qeq.) 1.457 0.827 1. ) 3.32 0.43 3.15 0.60 2.080 1.080 1.93 3.79 0.50 3.60 0.68 2.848 1.367 2.08 4.27 0.57 4.05 0.75 3.771 1.688 2.23 4.74 0.63 4.50 0.82 4.863 2.042 2.38 5.22 0.70 4.95 0.90 6.133 2.430 2.52 5.69 0.77 5.40 0.97 7.593 2.852 2.66 6.17 0.84 5.85 1.05 9.252 3.308 2.80 6.64 0.91 6.30 1.13 11.12 3.797 2.93 7.12 0.97 6.75 1.20 13.21 4.320 3.06 7.59 1.04 7.20 1.28 15.53 4.877 3.18 8.06 1.11 7.65 1.35 18.09 5.468 3.31 8.54 1.18 8.10 1.43 20.89 6.092 3.43 9.01 1.25 8.55 i 1.50 23.95 6.750 3.55 9.49 1.32 9.00 C‘312 C ...' Ohle, C fy V r ei 0 kie Quo 1.- b It c fs r V 7_ i 0 10.1 1--lvr'Eraflntar IFvnrc cc-Cu„oln R i A%tr_nnii gf7A , Channel Report Hydraflow Express Extension for Autodesk®AutoCAD®Civil 3D®by Autodesk,Inc. Monday,Jun 15 2020 Swale 7 10 y r Triangular Highlighted Side Slopes (z:1) = 3.00, 3.00 Depth (ft) = 0.69 Total Depth (ft) = 1.50 Q (cfs) = 1.800 Area (sqft) = 1.43 Invert Elev (ft) = 8.30 Velocity (ft/s) = 1.26 Slope (%) = 0.40 Wetted Perim (ft) = 4.36 N-Value = 0.035 Crit Depth, Yc (ft) = 0.47 Top Width (ft) = 4.14 Calculations EGL (ft) = 0.71 Compute by: Known Q Known Q (cfs) = 1.80 G1ZS Qua ---3' Eiev (ft) Depth ft Section p ( ) 10.00 I 1 I , 1.70 9.50 1.20 9.00 0.70 8.50 0.20 8.00 I I E E i E I i I I f -0.30 • 7.50 0 1 .2 3 4 5 6 7 8 9 10 11 -0.80 Reach (ft) rDepth Q Area Veloc Wp Yc TopWidth (� (�) (Soft) (ft/5) (#) (ft ( ) . 0.08 0.005 0.017 0.29 0.47 0.05 0.45 0.15 0.031 0.068 0.46 0.95 0.10 0.90 0.23 0.092 0.152 0.60 1.42 0.15 1.35 0.30 0.197 0.270 0.73 1.90 0.20 1.80 0.38 0.358 0.422 0.85 2.37 0.25 2.25 0.45 0.582 0.608 0.96 2.85 0.30 2.70 0.53 0.878 0.827 1.06 3.32 0.36 3.15 0.60 1.254 1.080 1.16 3.79 0.41 3.60 0.68 ,/� _ 1.717 1.367 1.26 4.27 0.46 4.05 0.75 C}}�� 2.274 1.688 .35 4.74 0.52 4.50 eq000.82 ---, 2.932 2.042 5.22 0.57 4.95 0.90 3.698 2.430 1.52 5.69 0.63 5.40 0.97 4.579 2.852 1.61 6.17 0.68 5.85 1.05 .5.579 3.308 1.69 6.64 0.74 6.30 1.13 6.706 3.797 1.77 7.12 0.80 6.75 1.20 7.966 4.320 1.84 7.59 0.85 7.20 1.28 9.364 4.877 1.92 8.06 0.91 7.65 1.35 10.91 5.468 1.99 8.54 0.97 8.10 1.43 12.60 6.092 2.07 9.01 1.02 8.55 1.50 14.44 6.750 2.14 9.49 1.08 9.00 i gie o` C FJ /e__ ),36-x P.S e.,i •-• 0,1 5";FA V 4_ 1 Li 44s. 010) Flvdrafow Express-Swale 7 10 yr-06/15/20 1 `r 8LI0 4 o 0 Of '! v a1.1 1 - - ..t oI1 o ERFLOW 4iLlJ C 4 c 1/4ty vl o AC 0; O l. 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CD 0 N N 0 r) IC) I CO r) CO pi, E C 1I I CVi N 0 CO r) r) C.) N. 0 O aCON-N I Is. N CO 1 a C•1 CD t' N coI p o 0 0 0 0 0 06 0 0 0 06 o cS 1: Na f Co d W CD C r �q o 0 0 0 0 0 0 . 0 0 0 0 0 0 0 00 0 O -3a II v/ J VO' 0 •N- co 4- a- a- N N Nco co 6 Pi tri co N N N M E m CCCC W C m C v v a v v m I. O C W r N N Cn CO N. r) 6) r) W a- a- a- W W W W C H J C Cq �� i7 d Cj CO y J r N r) N I() CDco 6) O r N r) 10 CO !� CO CO9 Z 1 Appendices NEW YORK DOT DISSIPATOR METHOD FOR USE IN DEFINED CHANNELS (Source: "Bank and channel lining procedures",New York Department of Transportation,Division of Design and Construction, 1971.) NOTE:To use the following chart you must know: (1) Q full capacity (2) Q10 (3) V full (4) Via where Q=discharge in cfs and V=Velocity in FPS. ESTIMATION OF STONE SIZE AND DIMENSIONS FOR CULVERT APRONS Step 1) Compute flow velocity V.at culvert or paved channel outlet. Step 2) For pipe culverts Da is diameter. For pipe arch,arch and box culverts,and paved channel outlets, Do=A.where A.=cross-sectional area of flow at outlet. 90114r3� ` NV( ETD ', For multiple culverts,use Do=1.25 x Do of single culvert. Tb�� 1Z tX Z/x 1 ,►� Step 3) For apron grades of 10%or steeper,use recommendations • For next higher zone. (Zones 1 through 6)_ t;L&s. i `P_Re ( L6 G4fr�� T (L r/, wild 1/,f, f - rV �� J 1 I11, 1' 11 !:,II 1 ;:. I ' L��AAAA tI•+r_ _L. 11. 1.,, . .11 1 '.I .'.I I:,: 1:;i .l i„ !, .I L, 11. 'I ! G"! •"L ^'• I�ri� Pe ,`, •'l I 1.' i 1 1 ;,1 1 1 1 I ;.'.' .; .1 1 1 ff 111 "` 1(}} ' 1,1 11 11 1 1 :, :�. .1.:1: :11;1; .. 11 . • l- iki4) ...... 11 " l l 1 � 20 '4 ..lLl �,.1 ).1 1 .1 .I I.I:I�1II .......I .11111 11 , 1.1, „ ..1. .I .11:I: ::(1:::::1 :' :I ::::' .. .1..11 11 : 1 .1 ' 1 II 1111 II 11 IJ .1.11111 11 111 :1 11 1..1 , 1 ,11 . 11 .11111- �1 '1 1.111 ,fit. 11 1 II 1.11, .1 :1,111,J11 11 .1 .11..1 :I ..1, ...1 ... 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Figure 8.06c Rev.12/93 8.06.5 8, IIII LENGTH OF APRON N APRON MATERIAL TO PROTECT TO PREVENT SCOUR CULVERT HOLE USE L2ALWAYS L2 L1 1 STONE FILLING(FINE) CL.A 3 X Do 4 x Do 2 STONE FILLING(LIGHT) CL.B 3 X Do 6 x De 3 STONE FILLING(MEDIUM)CL.1 4 X Do 8 x Do 4 STONE FILLING(HEAVY) CL.1 4 X Da 8 x D. 5 STONE FILLING(HEAVY) CL 2 5 X De 10 x D, 6 STONE FILLING(HEAVY) CL.2 6 X Da 10 x D. 7 SPECIAL STUDY REQUIRED(ENERGY DISSIPATORS,STILLING BASIN OR LARGER SIZE STONE). Figure 8.06d Width=3 times pipe dia.(min.) DETERMINATION OF STONE SIZES FOR DUMPED STONE CHANNEL LININGS AND REVETMENTS Step 1. Use figure 8.06.6.3 to determine maximum stone size(e.g.for 12 Fps=20"or 550 lbs. Step 2. Use figure 8.06.b.4 to determine acceptable size range for stone (for 12 FPS it is 125-500 lbs.for 75%of stone,and the maximum and minimum range in weight should be 25-500 lbs.). NOTE: In determining channel velocities for stone linings and revetment, use the following coefficients of roughness: Diameter Manning's Min.thickness (inches) "n" of lining (inches) Fine 3 0.031 9 12 Light 6 0.035 12 18 Medium 13 0.040 18 24 Heavy 23 0.044 30 36 (Channels) (Dissapators) 8.06.6 Rev.12/93 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT ` 1.1 tt. Action Id.SAW-2019-01762 County:New Hanover U.S.G.S.Quad:NC-Scotts Hill I" GENERAL PERMIT (REGIONAL AND NATIONWIDE)VERIFICATION Permittee: Raleigh Wilmington Investors,LLC Agent: Land Management Group Sandy Bishop Kim Williams 6131 Falls of Neuse Road 3805 Wrightsville Ave Suite 200 Suite 15 Raleigh,NC 27609 Wilmington,NC 28403 Size(acres) 14.5 Nearest Town Wilmington Nearest Waterway Pages Creek River Basin Onslow Bay USGS HUC 03020302 Coordinates Latitude:34.269587 Longitude:-77.793452 Location description:Project area is located north of Middle Sound Loop Road adjacent to Pages Creek approximately 0.17 miles southeast of the intersection of Anaca Point Road and Middle Sound Loop Road in Wilmington,New Hanover County. North Carolina. Description of projects area and activity:This verification authorizes the permanent discharge of 0.36 acres of wetland for the construction of a subdivision and access roads. Applicable Law(s): ► Section 404(Clean Water Act,33 USC 1344) E C ,IVE ► ❑Section 10(Rivers and Harbors Act,33 USC 403) t AUG p 5 Ala A Authorization: NWP 14.Linear Transportation Projects;NWP 18.Minor Discharges BY: SEE ATTACHED NWP GENERAL, REGIONAL,AND/OR SPECIAL CONDITIONS Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the enclosed Conditions, your application signed and dated 6/10/2020, and the enclosed plans Overall Site Plan Wetlands Impact dated 6/9/2020.Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order,a restoration order,a Class I administrative penalty,and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified,suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit authorization expires or is suspended,revoked,or is modified,such that the activity would no longer comply with the terms and conditions of the nationwide permit,activities which have commenced(i.e.,are under construction) or are under contract to commence in reliance upon the nationwide permit,will remain authorized provided the activity is completed within twelve months of the date of the nationwide permit's expiration,modification or revocation,unless discretionary authority has been exercised on a case-by-case basis to modify,suspend or revoke the authorization. Activities subject to Section 404 (as indicated above)may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Resources(telephone 919-807-6300)to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act(CAMA),prior to beginning work you must contact the N.C.Division of Coastal Management in Wilmington,NC,at(910)796-7215. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal,State or local approvals/permits. If there are any questions regarding this verification,any of the conditions of the Permit,or the Corps of Engineers regulatory program, please contact Rachel Capito at(9101-251-4487or Rachel.A.Capito(aiusace.armv.mil. CAPITO.RACHELANN.1536276 °5wh5nmq Corps Regulatory Official: 790 a .2 izigi6-v,b790 orc Date: 7/27/2020 Expiration Date of Verification: 03/18/2022 SAW-2019-01762 SPECIAL CONDITIONS a. In order to compensate for impacts associated with this permit,mitigation shall be provided in accordance with the provisions outlined on the most recent version of the attached Compensatory Mitigation Responsibility Transfer Form. The requirements of this form, including any special conditions listed on this form, are hereby incorporated as special conditions of this permit authorization. 'O'N`NO.L NIWiIM o -1Cm1e • llsctl 010 mama eat L•313 weIfI.rBL zY7h4 Lorai.'JMNO.Logerrun B A1Nf10O d3AONVH M3N aosea�w xoere ,rvne,mnlxuauT llronm m1un8'lnsur.,Maligneai r Oa dOOI ONf10S 31001W 6Z04 aozaluw ox3sn3xaosnri ins 1d STRINIsJN•1 J.NUTISNQ7- 1 NOISIAIOSf15lVIIN301S3d 30NWILIOdH3d HSHtlW ONIONIM°"�oariall.aN01o°N"s6�v Hs • 1OtldWl SONV113M-Mild 311S iitlH3A0 H3d013A30A13NM0 zsxni 1S s ON g g 11 "�' Al 1 ums= mu nlllll..acism 1 -1 ) ��\� / 0 I- 1 1 � /.. 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'OH dOOl4NIlOS31OOIW 6ZOL IONIM a°iz,3llg inrand ��dsgsiasD �t�navlsNo�— F. k NOISIAIa ns lVLLN3OIs3H 10VdNU SONV113M-1NV130 L+3 TIAn3aryaTJA1 TIV SNal.18 SRI2ION r r 1€ ' A.,.; \// a'1 Y, , \ ya �r .. so 3ON3i11I ,/\A ch \ 1 / WI ' : =%y\ \>/\\ /j� /. I gi 1\11:::: b / <6 // / /m 2 ' /�<I � �` Ca J ' 1 Q \/ /\ `IU a J < LI' Z co � Z % \\\\� � � o� � UU / Wz\ cn Loo \ \'/ \ _ }� // P LV __,/` // a Ntg "L / ;, ca tY�/• N ^ `\ \/z, 30N3311IS — )OC /; k, I AouoN A9 wool nL—oca •g0 uM :uo Muhl(li ov 5uP'B+' ou+'88081\6MP\cuuId 9g081.VMOIA 4.N 0908L\5I0Z\a.4"I a Compensatory Mitigation Responsibility Transfer Form Permittee: Raleigh Wilmington Investors, LLC,Sandy Bishop Action ID: SAW-2019-01762 Project Name:Winding Marsh County:New Hanover Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved Mitigation Bank or the North Carolina Division of Mitigation Services (NCDMS), who will then sign the form to verify the transfer of the mitigation responsibility. Once the Sponsor has signed this form,it is the Permittee's responsibility to ensure that to the U.S.Army Corps of Engineers(USACE)Project Manager identified on page two is in receipt of a signed copy of this form before conducting authorized impacts, unless otherwise specified below. If more than one mitigation Sponsor will be used to provide the mitigation associated with the permit;or if the impacts and/or the mitigation will occur in more than one 8-digit Hydrologic Unit Code(HUC), multiple forms will be attached to the permit, and the separate forms for each Sponsor and/or HUC must be provided to the appropriate mitigation Sponsors. Instructions to Sponsor:The Sponsor must verify that the mitigation requirements(credits)shown below are available at the identified site. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of whether or not they have received payment from the Permittee. Once the form is signed,the Sponsor must update the bank ledger and provide a copy of the signed form and the updated bank ledger to the Permittee,the USACE Project Manager,and the Wilmington District Mitigation Office (see contact information on page 2). The Sponsor must also comply with all reporting requirements established in their authorizing instrument. Permitted Impacts and Compensatory Mitigation Requirements: Permitted Impacts Requiring Mitigation* 8-digit HUC and Basin:03030001,White Oak River Basin Stream Impacts(linear feet) Wetland Impacts(acres) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non-Riparian Coastal 0.36 *If more than one mitigation sponsor will be used for the permit,only include impacts to be mitigated by this sponsor. Compensatory Mitigation Requirements: 8-digit HUC and Basin:03030001,White Oak River Basin Stream Mitigation(credits) Wetland Mitigation(credits) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non-Riparian Coastal 0.7 Mitigation Site Debited: Northeast Cane Fear Umbrella Mitigation Bank (List the name of the bank to be debited.For umbrella banks,also list the specific site. For NCDMS,list NCDMS. If the NCDMS acceptance letter identifies a specific site,also list the specific site to be debited). Section to be completed by the Mitigation Sponsor Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for providing the mitigation identified in this document(see the table above),associated with the USACE Permittee and Action ID number shown. I also verify that released credits (and/or advance credits for NCDMS), as approved by the USACE, are currently available at the mitigation site identified above. Further, I understand that if the Sponsor fails to provide the required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to ensure compliance associated with the mitigation requirements. Mitigation Sponsor Name: Name of Sponsors Authorized Representative: Signature of Sponsor's Authorized Representative Date of Signature Conditions for Transfer of Compensatory Mitigation Credit: • Once this document has been signed by the Mitigation Sponsor and the USACE is in receipt of the signed form, the Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains responsible for any other mitigation requirements stated in the permit conditions. • Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only after the USACE is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein. For authorized impacts conducted by the North Carolina Department of Transportation (NCDOT), construction within jurisdictional areas may proceed upon permit issuance; however,a copy of this form signed by the Sponsor must be provided to the USACE within 30 days of permit issuance.NCDOT remains fully responsible for the mitigation until the USACE has received this form,confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein. • Signed copies of this document must be retained by the Permittee, Mitigation Sponsor,and in the USACE administrative records for both the permit and the Bank/ILF Instrument. It is the Permittee's responsibility to ensure that the USACE Project Manager(address below) is provided with a signed copy of this form. • If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to the USACE, the Sponsor must obtain case-by-case approval from the USACE Project Manager and/or North Carolina Interagency Review Team(NCIRT). If approved,higher mitigation ratios may be applied,as per current District guidance and a new version of this form must be completed and included in the USACE administrative records for both the permit and the Bank/ILF Instrument. Comments/Additional Conditions:A letter from Mitigation Sponsor,confirming they are willing and able to accept the applicant's compensatory mitigation responsibility,dated Acceptance Letter Date was included with the preconstruction notification. This form is not valid unless signed below by the USACE Project Manager and by the Mitigation Sponsor on Page 1. Once signed,the Sponsor should provide copies of this form along with an updated bank ledger to:1)the Permittee,2)the USACE Project Manager at the address below,and 3)the Wilmington District Mitigation Office,Attn: Todd Tugwell,11405 Falls of Neuse Road,Wake Forest,NC27587(email:todd.tugwelleousace.army.mil). Questions regarding this form or any of the permit conditions may be directed to the USACE Project Manager below. USACE Project Manager: Rachel Capito USACE Field Office: Wilmington Regulatory Office US Army Corps of Engineers 69 Darlington Avenue Wilmington, North Carolina 28403 Email: Rachel.A.Capito@usace.army.mil CAPITO.RACHEL.A Digitally signed by CAPITO.RACHELANN.1536276790 N N.1536276790 Date:2020.07.2712:19:35-04'00' 7/27/2020 USACE Project Manager Signature Date of Signature Current Wilmington District mitigation guidance,including information on mitigation ratios,functional assessments,and mitigation bank location and availability,and credit classifications(including stream temperature and wetland groupings)is available at http://ribits.usace.army.mil Action ID Number: SAW-2019-01762 County: New Hanover Permittee: Raleigh Wilmington Investors,LLC, Sandy Bishop Project Name: Winding Marsh Date Verification Issued: 7/27/2020 Project Manager: Rachel Capito Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Attn: Rachel Capito Wilmington Regulatory Office U.S Army Corps of Engineers 69 Darlington Avenue Wilmington,North Carolina 28403 or Rachel.A.Capito@usace.army.mil Please note that your permitted activity is subject to a compliance inspection by a U. S.Army Corps of Engineers representative. Failure to comply with any terms or conditions of this authorization may result in the Corps suspending,modifying or revoking the authorization and/or issuing a Class I administrative penalty, or initiating other appropriate legal action. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and condition of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date NATIONWIDE PERMIT 14 DEPARTMENT OF THE ARMY CORPS OF ENGINEERS FINAL NOTICE OF ISSUANCE AND MODIFICATION OF NATIONWIDE PERMITS FEDERAL REGISTER AUTHORIZED MARCH 19,2017 Linear Transportation Projects. Activities required for crossings of waters of the United States associated with the construction, expansion,modification, or improvement of linear transportation projects(e.g.,roads,highways,railways,trails, airport runways, and taxiways) in waters of the United States.For linear transportation projects in non-tidal waters,the discharge cannot cause the loss of greater than 1/2-acre of waters of the United States. For linear transportation projects in tidal waters,the discharge cannot cause the loss of greater than 1/3-acre of waters of the United States. Any stream channel modification, including bank stabilization, is limited to the minimum necessary to construct or protect the linear transportation project; such modifications must be in the immediate vicinity of the project. This NWP also authorizes temporary structures,fills, and work, including the use of temporary mats,necessary to construct the linear transportation project. Appropriate measures must be taken to maintain normal downstream flows and minimize flooding to the maximum extent practicable,when temporary structures, work, and discharges, including cofferdams, are necessary for construction activities, access fills,or dewatering of construction sites. Temporary fills must consist of materials, and be placed in a manner,that will not be eroded by expected high flows. Temporary fills must be removed in their entirety and the affected areas returned to pre-construction elevations. The areas affected by temporary fills must be revegetated, as appropriate. This NWP cannot be used to authorize non-linear features commonly associated with transportation projects, such as vehicle maintenance or storage buildings,parking lots,train stations, or aircraft hangars. Notification: The permittee must submit a pre-construction notification to the district engineer prior to commencing the activity if: (1)the loss of waters of the United States exceeds 1/10- acre; or(2)there is a discharge in a special aquatic site,including wetlands. (See general condition 32.) (Authorities: Sections 10 and 404) Note 1: For linear transportation projects crossing a single waterbody more than one time at separate and distant locations, or multiple waterbodies at separate and distant locations, each crossing is considered a single and complete nroiect for purposes of NWP authorization. Linear transportation projects must comply with 33 CFR 330.6(d). Note 2: Some discharges for the construction of farm roads or forest roads, or temporary roads for moving mining equipment,may qualify for an exemption under section 404(f)of the Clean Water Act(see 33 CFR 323.4). Note 3: For NWP 14 activities that require pre-construction notification, the PCN must include any other NWP(s),regional general permit(s), or individual permit(s)used or intended 1 to be used to authorize any part of the proposed project or any related activity, including other separate and distant crossings that require Department of the Army authorization but do not require pre-construction notification(see paragraph(b) of general condition 32). The district engineer will evaluate the PCN in accordance with Section D, "District Engineer's Decision." The district engineer may require mitigation to ensure that the authorized activity results in no more than minimal individual and cumulative adverse environmental effects (see general condition 23). 2 NATIONWIDE PERMIT GENERAL CONDITIONS The following General Conditions must be followed in order for any authorization by a NWP to be valid: 1. Navigation. (a)No activity may cause more than a minimal adverse effect on navigation. (b) Any safety lights and signals prescribed by the U.S. Coast Guard,through regulations or otherwise,must be installed and maintained at the permittee's expense on authorized facilities in navigable waters of the United States. (c) The permittee understands and agrees that,if future operations by the United States require the removal,relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters,the permittee will be required,upon due notice from the Corps of Engineers, to remove,relocate, or alter the structural work or obstructions caused thereby, without expense to the United States.No claim shall be made against the United States on account of any such removal or alteration. 2. Aquatic Life Movements.No activity may substantially disrupt the necessary life cycle movements of those species of aquatic life indigenous to the waterbody, including those species that normally migrate through the area, unless the activity's primary purpose is to impound water. All permanent and temporary crossings of waterbodies shall be suitably culverted,bridged, or otherwise designed and constructed to maintain low flows to sustain the movement of those aquatic species. If a bottomless culvert cannot be used,then the crossing should be designed and constructed to minimize adverse effects to aquatic life movements. 3. Spawning Areas. Activities in spawning areas during spawning seasons must be avoided to the maximum extent practicable. Activities that result in the physical destruction(e.g.,through excavation,fill, or downstream smothering by substantial turbidity) of an important spawning area are not authorized. 4. Migratory Bird Breeding Areas.Activities in waters of the United States that serve as breeding areas for migratory birds must be avoided to the maximum extent practicable. 5. Shellfish Beds. No activity may occur in areas of concentrated shellfish populations,unless the activity is directly related to a shellfish harvesting activity authorized by NWPs 4 and 48, or is a shellfish seeding or habitat restoration activity authorized by NWP 27. 6. Suitable Material. No activity may use unsuitable material (e.g., trash, debris, car bodies, asphalt, etc.). Material used for construction or discharged must be free from toxic pollutants in toxic amounts(see section 307 of the Clean Water Act). 3 7. Water Supply Intakes. No activity may occur in the proximity of a public water supply intake, except where the activity is for the repair or improvement of public water supply intake structures or adjacent bank stabilization. 8. Adverse Effects From Impoundments. If the activity creates an impoundment of water, adverse effects to the aquatic system due to accelerating the passage of water, and/or restricting its flow must be minimized to the maximum extent practicable. 9. Management of Water Flows. To the maximum extent practicable,the pre- construction course, condition, capacity, and location of open waters must be maintained for each activity, including stream channelization, storm water management activities, and temporary and permanent road crossings, except as provided below. The activity must be constructed to withstand expected high flows. The activity must not restrict or impede the passage of normal or high flows,unless the primary purpose of the activity is to impound water or manage high flows. The activity may alter the pre-construction course, condition, capacity, and location of open waters if it benefits the aquatic environment(e.g., stream restoration or relocation activities). 10. Fills Within 100-Year Floodplains. The activity must comply with applicable FEMA-approved state or local floodplain management requirements. 11. Equipment. Heavy equipment working in wetlands or mudflats must be placed on mats, or other measures must be taken to minimize soil disturbance. 12. Soil Erosion and Sediment Controls.Appropriate soil erosion and sediment controls must be used and maintained in effective operating condition during construction,and all exposed soil and other fills, as well as any work below the ordinary high water mark or high tide line,must be permanently stabilized at the earliest practicable date. Permittees are encouraged to perform work within waters of the United States during periods of low-flow or no-flow, or during low tides. 13. Removal of Temporary Fills. Temporary fills must be removed in their entirety and the affected areas returned to pre-construction elevations. The affected areas must be revegetated, as appropriate. 14. Proper Maintenance. Any authorized structure or fill shall be properly maintained, including maintenance to ensure public safety and compliance with applicable NWP general conditions, as well as any activity-specific conditions added by the district engineer to an NWP authorization. 15. Single and Complete Project. The activity must be a single and complete project. The same NWP cannot be used more than once for the same single and complete project. 16. Wild and Scenic Rivers. (a)No NWP activity may occur in a component of the National Wild and Scenic River System, or in a river officially designated by Congress as a "study river"for possible inclusion in the system while the river is in an official study status, 4 unless the appropriate Federal agency with direct management responsibility for such river, has determined in writing that the proposed activity will not adversely affect the Wild and Scenic River designation or study status. (b) If a proposed NWP activity will occur in a component of the National Wild and Scenic River System, or in a river officially designated by Congress as a"study river"for possible inclusion in the system while the river is in an official study status,the permittee must submit a pre-construction notification(see general condition 32). The district engineer will coordinate the PCN with the Federal agency with direct management responsibility for that river. The permittee shall not begin the NWP activity until notified by the district engineer that the Federal agency with direct management responsibility for that river has determined in writing that the proposed NWP activity will not adversely affect the Wild and Scenic River designation or study status. (c) Information on Wild and Scenic Rivers may be obtained from the appropriate Federal land management agency responsible for the designated Wild and Scenic River or study river(e.g.,National Park Service,U.S. Forest Service, Bureau of Land Management, U.S. Fish and Wildlife Service). Information on these rivers is also available at: http://www.rivers.gov/. 17. Tribal Rights.No NWP activity may cause more than minimal adverse effects on tribal rights (including treaty rights),protected tribal resources, or tribal lands. 18. Endangered Species. (a)No activity is authorized under any NWP which is likely to directly or indirectly jeopardize the continued existence of a threatened or endangered species or a species proposed for such designation, as identified under the Federal Endangered Species Act(ESA), or which will directly or indirectly destroy or adversely modify the critical habitat of such species.No activity is authorized under any NWP which"may affect"a listed species or critical habitat,unless ESA section 7 consultation addressing the effects of the proposed activity has been completed. Direct effects are the immediate effects on listed species and critical habitat caused by the NWP activity. Indirect effects are those effects on listed species and critical habitat that are caused by the NWP activity and are later in time, but still are reasonably certain to occur. (b) Federal agencies should follow their own procedures for complying with the requirements of the ESA. If pre-construction notification is required for the proposed activity, the Federal permittee must provide the district engineer with the appropriate documentation to demonstrate compliance with those requirements. The district engineer will verify that the appropriate documentation has been submitted. If the appropriate documentation has not been submitted, additional ESA section 7 consultation may be necessary for the activity and the respective federal agency would be responsible for fulfilling its obligation under section 7 of the ESA. (c) Non-federal permittees must submit a pre-construction notification to the district engineer if any listed species or designated critical habitat might be affected or is in the vicinity of the activity, or if the activity is located in designated critical habitat, and shall not begin work on the activity until notified by the district engineer that the requirements of the ESA have been satisfied and that the activity is authorized.For activities that might affect Federally-listed endangered or threatened species or designated critical habitat,the pre- construction notification must include the name(s)of the endangered or threatened species that 5 might be affected by the proposed activity or that utilize the designated critical habitat that might be affected by the proposed activity. The district engineer will determine whether the proposed activity"may affect"or will have"no effect"to listed species and designated critical habitat and will notify the non- Federal applicant of the Corps' determination within 45 days of receipt of a complete pre- construction notification. In cases where the non-Federal applicant has identified listed species or critical habitat that might be affected or is in the vicinity of the activity, and has so notified the Corps,the applicant shall not begin work until the Corps has provided notification that the proposed activity will have"no effect" on listed species or critical habitat, or until ESA section 7 consultation has been completed. If the non-Federal applicant has not heard back from the Corps within 45 days,the applicant must still wait for notification from the Corps. (d) As a result of formal or informal consultation with the FWS or NMFS the district engineer may add species-specific permit conditions to the NWPs. (e) Authorization of an activity by an NWP does not authorize the"take" of a threatened or endangered species as defined under the ESA. In the absence of separate authorization(e.g., an ESA Section 10 Permit, a Biological Opinion with"incidental take" provisions, etc.) from the FWS or the NMFS, the Endangered Species Act prohibits any person subject to the jurisdiction of the United States to take a listed species, where "take" means to harass,harm,pursue,hunt, shoot,wound,kill,trap, capture, or collect, or to attempt to engage in any such conduct. The word"harm"in the definition of"take" means an act which actually kills or injures wildlife. Such an act may include significant habitat modification or degradation where it actually kills or injures wildlife by significantly impairing essential behavioral patterns, including breeding, feeding or sheltering. (f) If the non-federal permittee has a valid ESA section 10(a)(1)(B)incidental take permit with an approved Habitat Conservation Plan for a project or a group of projects that includes the proposed NWP activity,the non-federal applicant should provide a copy of that ESA section 10(a)(1)(B)permit with the PCN required by paragraph(c)of this general condition. The district engineer will coordinate with the agency that issued the ESA section 10(a)(1)(B)permit to determine whether the proposed NWP activity and the associated incidental take were considered in the internal ESA section 7 consultation conducted for the ESA section 10(a)(1)(B)permit. If that coordination results in concurrence from the agency that the proposed NWP activity and the associated incidental take were considered in the internal ESA section 7 consultation for the ESA section 10(a)(1)(B)permit,the district engineer does not need to conduct a separate ESA section 7 consultation for the proposed NWP activity. The district engineer will notify the non-federal applicant within 45 days of receipt of a complete pre-construction notification whether the ESA section 10(a)(1)(B)permit covers the proposed NWP activity or whether additional ESA section 7 consultation is required. (g) Information on the location of threatened and endangered species and their critical habitat can be obtained directly from the offices of the FWS and NMFS or their world wide web pages at http://www.fws.gov/or http://www.fws.gov/ipac and http://www.nmfs.noaa.gov/pr/species/esa/respectively. 19. Migratory Birds and Bald and Golden Eagles. The permittee is responsible for ensuring their action complies with the Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Act. The permittee is responsible for contacting appropriate local office of the U.S. Fish and Wildlife Service to determine applicable measures to reduce impacts to migratory 6 birds or eagles, including whether"incidental take"permits are necessary and available under the Migratory Bird Treaty Act or Bald and Golden Eagle Protection Act for a particular activity. 20. Historic Properties. (a)In cases where the district engineer determines that the activity may have the potential to cause effects to properties listed,or eligible for listing, in the National Register of Historic Places,the activity is not authorized,until the requirements of Section 106 of the National Historic Preservation Act(NHPA)have been satisfied. (b) Federal permittees should follow their own procedures for complying with the requirements of section 106 of the National Historic Preservation Act. If pre-construction notification is required for the proposed NWP activity, the Federal permittee must provide the district engineer with the appropriate documentation to demonstrate compliance with those requirements. The district engineer will verify that the appropriate documentation has been submitted. If the appropriate documentation is not submitted, then additional consultation under section 106 may be necessary. The respective federal agency is responsible for fulfilling its obligation to comply with section 106. (c) Non-federal permittees must submit a pre-construction notification to the district engineer if the NWP activity might have the potential to cause effects to any historic properties listed on, determined to be eligible for listing on,or potentially eligible for listing on the National Register of Historic Places, including previously unidentified properties. For such activities,the pre-construction notification must state which historic properties might have the potential to be affected by the proposed NWP activity or include a vicinity map indicating the iocation of the historic properties or the potential for the presence of historic properties. Assistance regarding information on the location of, or potential for,the presence of historic properties can be sought from the State Historic Preservation Officer, Tribal Historic Preservation Officer, or designated tribal representative, as appropriate, and the National Register of Historic Places (see 33 CFR 330.4(g)). When reviewing pre-construction notifications, district engineers will comply with the current procedures for addressing the requirements of section 106 of the National Historic Preservation Act. The district engineer shall make a reasonable and good faith effort to carry out appropriate identification efforts, which may include background research, consultation, oral history interviews,sample field investigation, and field survey. Based on the information submitted in the PCN and these identification efforts, the district engineer shall determine whether the proposed NWP activity has the potential to cause effects on the historic properties. Section 106 consultation is not required when the district engineer determines that the activity does not have the potential to cause effects on historic properties(see 36 CFR 800.3(a)). Section 106 consultation is required when the district engineer determines that the activity has the potential to cause effects on historic properties. The district engineer will conduct consultation with consulting parties identified under 36 CFR 800.2(c)when he or she makes any of the following effect determinations for the purposes of section 106 of the NHPA: no historic properties affected,no adverse effect, or adverse effect. Where the non-Federal applicant has identified historic properties on which the activity might have the potential to cause effects and so notified the Corps,the non-Federal applicant shall not begin the activity until notified by the district engineer either that the activity has no potential to cause effects to historic properties or that NHPA section 106 consultation has been completed. 7 (d) For non-federal permittees,the district engineer will notify the prospective permittee within 45 days of receipt of a complete pre-construction notification whether NHPA section 106 consultation is required. If NHPA section 106 consultation is required,the district engineer will notify the non-Federal applicant that he or she cannot begin the activity until section 106 consultation is completed. If the non-Federal applicant has not heard back from the Corps within 45 days, the applicant must still wait for notification from the Corps. (e) Prospective permittees should be aware that section 110k of the NHPA(54 U.S.C. 306113)prevents the Corps from granting a permit or other assistance to an applicant who,with intent to avoid the requirements of section 106 of the NHPA,has intentionally significantly adversely affected a historic property to which the permit would relate, or having legal power to prevent it,allowed such significant adverse effect to occur,unless the Corps, after consultation with the Advisory Council on Historic Preservation(ACHP),determines that circumstances justify granting such assistance despite the adverse effect created or permitted by the applicant. If circumstances justify granting the assistance,the Corps is required to notify the ACHP and provide documentation specifying the circumstances,the degree of damage to the integrity of any historic properties affected, and proposed mitigation. This documentation must include any views obtained from the applicant, SHPO/THPO, appropriate Indian tribes if the undertaking occurs on or affects historic properties on tribal lands or affects properties of interest to those tribes, and other parties known to have a legitimate interest in the impacts to the permitted activity on historic properties. 21. Discovery of Previously Unknown Remains and Artifacts. If you discover any previously unknown historic, cultural or archeological remains and artifacts while accomplishing the activity authorized by this permit,you must immediately notify the district engineer of what you have found, and to the maximum extent practicable, avoid construction activities that may affect the remains and artifacts until the required coordination has been completed. The district engineer will initiate the Federal, Tribal, and state coordination required to determine if the items or remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. 22. Designated Critical Resource Waters. Critical resource waters include, NOAA- managed marine sanctuaries and marine monuments, and National Estuarine Research Reserves. The district engineer may designate, after notice and opportunity for public comment, additional waters officially designated by a state as having particular environmental or ecological significance, such as outstanding national resource waters or state natural heritage sites. The district engineer may also designate additional critical resource waters after notice and opportunity for public comment. (a)Discharges of dredged or fill material into waters of the United States are not authorized by NWPs 7, 12, 14, 16, 17,21,29, 31, 35, 39, 40, 42, 43,44,49, 50, 51, and 52 for any activity within, or directly affecting, critical resource waters,including wetlands adjacent to such waters. (b)For NWPs 3, 8, 10, 13, 15, 18, 19, 22, 23, 25,27, 28, 30, 33, 34, 36, 37, 38,and 54,notification is required in accordance with general condition 32, for any activity proposed in the designated critical resource waters including wetlands adjacent to those waters. The district engineer may authorize activities under these NWPs only after it is determined that the impacts to the critical resource waters will be no more than minimal. 8 23. Mitigation. The district engineer will consider the following factors when determining appropriate and practicable mitigation necessary to ensure that the individual and cumulative adverse environmental effects are no more than minimal: (a) The activity must be designed and constructed to avoid and minimise adverse effects,both temporary and permanent,to waters of the United States to the maximum extent practicable at the project site(i.e.,on site). (b) Mitigation in all its forms(avoiding,minimizing,rectifying,reducing, or compensating for resource losses)will be required to the extent necessary to ensure that the individual and cumulative adverse environmental effects are no more than minimal. (c) Compensatory mitigation at a minimum one-for-one ratio will be required for all wetland losses that exceed 1/10-acre and require pre-construction notification,unless the district engineer determines in writing that either some other form of mitigation would be more environmentally appropriate or the adverse environmental effects of the proposed activity are no more than minimal, and provides an activity-specific waiver of this requirement. For wetland losses of 1/10-acre or less that require pre-construction notification, the district engineer may determine on a case-by-case basis that compensatory mitigation is required to ensure that the activity results in only minimal adverse environmental effects. (d) For losses of streams or other open waters that require pre-construction notification,the district engineer may require compensatory mitigation to ensure that the activity results in no more than minimal adverse environmental effects. Compensatory mitigation for losses of streams should be provided, if practicable,through stream rehabilitation, enhancement, or preservation, since streams are difficult-to-replace resources (see 33 CFR 332.3(e)(3)). (e) Compensatory mitigation plans for NWP activities in or near streams or other open waters will normally include a requirement for the restoration or enhancement, maintenance, and legal protection(e.g., conservation easements)of riparian areas next to open waters. In some cases,the restoration or maintenance/protection of riparian areas may be the only compensatory mitigation required. Restored riparian areas should consist of native species. The width of the required riparian area will address documented water quality or aquatic habitat loss concerns. Normally,the riparian area will be 25 to 50 feet wide on each side of the stream,but the district engineer may require slightly wider riparian areas to address documented water quality or habitat loss concerns. If it is not possible to restore or maintain/protect a riparian area on both sides of a stream,or if the waterbody is a lake or coastal waters,then restoring or maintaining/protecting a riparian area along a single bank or shoreline may be sufficient. Where both wetlands and open waters exist on the project site,the district engineer will determine the appropriate compensatory mitigation(e.g.,riparian areas and/or wetlands compensation)based on what is best for the aquatic environment on a watershed basis.In cases where riparian areas are determined to be the most appropriate form of minimization or compensatory mitigation,the district engineer may waive or reduce the requirement to provide wetland compensatory mitigation for wetland losses. (f) Compensatory mitigation projects provided to offset losses of aquatic resources must comply with the applicable provisions of 33 CFR part 332. (1)The prospective permittee is responsible for proposing an appropriate compensatory mitigation option if compensatory mitigation is necessary to ensure that the activity results in no more than minimal adverse environmental effects. For the NWPs,the preferred mechanism for providing compensatory mitigation is mitigation bank credits or in- 9 lieu fee program credits(see 33 CFR 332.3(b)(2) and(3)). However, if an appropriate number and type of mitigation bank or in-lieu credits are not available at the time the PCN is submitted to the district engineer,the district engineer may approve the use of permittee-responsible mitigation. (2)The amount of compensatory mitigation required by the district engineer must be sufficient to ensure that the authorized activity results in no more than minimal individual and cumulative adverse environmental effects (see 33 CFR 330.1(e)(3)). (See also 33 CFR 332.3(f)). (3) Since the likelihood of success is greater and the impacts to potentially valuable uplands are reduced, aquatic resource restoration should be the first compensatory mitigation option considered for permittee-responsible mitigation. (4)If permittee-responsible mitigation is the proposed option,the prospective permittee is responsible for submitting a mitigation plan.A conceptual or detailed mitigation plan may be used by the district engineer to make the decision on the NWP verification request, but a final mitigation plan that addresses the applicable requirements of 33 CFR 332.4(c)(2) through(14)must be approved by the district engineer before the permittee begins work in waters of the United States, unless the district engineer determines that prior approval of the final mitigation plan is not practicable or not necessary to ensure timely completion of the required compensatory mitigation(see 33 CFR 332.3(k)(3)). (5)If mitigation bank or in-lieu fee program credits are the proposed option,the mitigation plan only needs to address the baseline conditions at the impact site and the number of credits to be provided. (6)Compensatory mitigation requirements (e.g.,resource type and amount to be provided as compensatory mitigation, site protection, ecological performance standards, monitoring requirements)may be addressed through conditions added to the NWP authorization, instead of components of a compensatory mitigation plan(see 33 CFR 332.4(c)(1)(ii)). (g) Compensatory mitigation will not be used to increase the acreage losses allowed by the acreage limits of the NWPs. For example, if an NWP has an acreage limit of 1/2-acre, it cannot be used to authorize any NWP activity resulting in the loss of greater than 1/2-acre of waters of the United States, even if compensatory mitigation is provided that replaces or restores some of the lost waters. However, compensatory mitigation can and should be used, as necessary,to ensure that an NWP activity already meeting the established acreage limits also satisfies the no more than minimal impact requirement for the NWPs. (h) Permittees may propose the use of mitigation banks, in-lieu fee programs, or permittee-responsible mitigation. When developing a compensatory mitigation proposal, the permittee must consider appropriate and practicable options consistent with the framework at 33 CFR 332.3(b). For activities resulting in the loss of marine or estuarine resources, permittee-responsible mitigation may be environmentally preferable if there are no mitigation banks or in-lieu fee programs in the area that have marine or estuarine credits available for sale or transfer to the permittee. For permittee-responsible mitigation,the special conditions of the NWP verification must clearly indicate the party or parties responsible for the implementation and performance of the compensatory mitigation project,and, if required, its long-term management. (i) Where certain functions and services of waters of the United States are permanently adversely affected by a regulated activity, such as discharges of dredged or fill 10 material into waters of the United States that will convert a forested or scrub-shrub wetland to a herbaceous wetland in a permanently maintained utility line right-of-way, mitigation may be required to reduce the adverse environmental effects of the activity to the no more than minimal level. 24. Safety of Impoundment Structures. To ensure that all impoundment structures are safely designed,the district engineer may require non-Federal applicants to demonstrate that the structures comply with established state dam safety criteria or have been designed by qualified persons. The district engineer may also require documentation that the design has been independently reviewed by similarly qualified persons, and appropriate modifications made to ensure safety. 25. Water Quality. Where States and authorized Tribes, or EPA where applicable, have not previously certified compliance of an NWP with CWA section 401, individual 401 Water Quality Certification must be obtained or waived(see 33 CFR 330.4(c)). The district engineer or State or Tribe may require additional water quality management measures to ensure that the authorized activity does not result in more than minimal degradation of water quality. 26. Coastal Zone Management.In coastal states where an NWP has not previously received a state coastal zone management consistency concurrence, an individual state coastal zone management consistency concurrence must be obtained, or a presumption of concurrence must occur(see 33 CFR 330.4(d)). The district engineer or a State may require additional measures to ensure that the authorized activity is consistent with state coastal zone management requirements. 27. Regional and Case-By-Case Conditions. The activity must comply with any regional conditions that may have been added by the Division Engineer(see 33 CFR 330.4(e)) and with any case specific conditions added by the Corps or by the state, Indian Tribe, or U.S. EPA in its section 401 Water Quality Certification, or by the state in its Coastal Zone Management Act consistency determination. 28. Use of Multiple Nationwide Permits. The use of more than one NWP for a single and complete project is prohibited,except when the acreage loss of waters of the United States authorized by the NWPs does not exceed the acreage limit of the NWP with the highest specified acreage limit. For example,if a road crossing over tidal waters is constructed under NWP 14,with associated bank stabilization authorized by NWP 13, the maximum acreage loss of waters of the United States for the total project cannot exceed 1/3-acre. 29. Transfer of Nationwide Permit Verifications. If the permittee sells the property associated with a nationwide permit verification,the permittee may transfer the nationwide permit verification to the new owner by submitting a letter to the appropriate Corps district office to validate the transfer. A copy of the nationwide permit verification must be attached to the letter, and the letter must contain the following statement and signature: "When the structures or work authorized by this nationwide permit are still in existence at the time the property is transferred, the terms and conditions of this nationwide permit,including any special conditions,will continue to be binding on the new owner(s)of the property. To 11 validate the transfer of this nationwide permit and the associated liabilities associated with compliance with its terms and conditions,have the transferee sign and date below." (Transferee) (Date) 30. Compliance Certification. Each permittee who receives an NWP verification letter from the Corps must provide a signed certification documenting completion of the authorized activity and implementation of any required compensatory mitigation. The success of any required permittee-responsible mitigation, including the achievement of ecological performance standards, will be addressed separately by the district engineer. The Corps will provide the permittee the certification document with the NWP verification letter. The certification document will include: (a) A statement that the authorized activity was done in accordance with the NWP authorization, including any general, regional,or activity-specific conditions; (b) A statement that the implementation of any required compensatory mitigation was completed in accordance with the permit conditions. If credits from a mitigation bank or in-lieu fee program are used to satisfy the compensatory mitigation requirements, the certification must include the documentation required by 33 CFR 332.3(1)(3)to confirm that the permittee secured the appropriate number and resource type of credits; and (c) The signature of the permittee certifying the completion of the activity and mitigation. The completed certification document must be submitted to the district engineer within 30 days of completion of the authorized activity or the implementation of any required compensatory mitigation,whichever occurs later. 31. Activities Affecting Structures or Works Built by the United States. If an NWP activity also requires permission from the Corps pursuant to 33 U.S.C. 408 because it will alter or temporarily or permanently occupy or use a U.S.Army Corps of Engineers (USACE) federally authorized Civil Works project(a"USACE project"),the prospective permittee must submit a pre-construction notification. See paragraph(b)(10)of general condition 32. An activity that requires section 408 permission is not authorized by NWP until the appropriate Corps office issues the section 408 permission to alter, occupy, or use the USACE project, and the district engineer issues a written NWP verification. 32. Pre-Construction Notification. (a)Timing. Where required by the terms of the NWP,the prospective permittee must notify the district engineer by submitting a pre- construction notification(PCN) as early as possible. The district engineer must determine if the PCN is complete within 30 calendar days of the date of receipt and, if the PCN is determined to be incomplete, notify the prospective permittee within that 30 day period to request the additional information necessary to make the PCN complete. The request must specify the information needed to make the PCN complete.As a general rule, district engineers will request additional information necessary to make the PCN complete only once. However,if the 12 prospective permittee does not provide all of the requested information,then the district engineer will notify the prospective permittee that the PCN is still incomplete and the PCN review process will not commence until all of the requested information has been received by the district engineer. The prospective permittee shall not begin the activity until either: (1)He or she is notified in writing by the district engineer that the activity may proceed under the NWP with any special conditions imposed by the district or division engineer; or (2)45 calendar days have passed from the district engineer's receipt of the complete PCN and the prospective permittee has not received written notice from the district or division engineer. However, if the permittee was required to notify the Corps pursuant to general condition 18 that listed species or critical habitat might be affected or are in the vicinity of the activity, or to notify the Corps pursuant to general condition 20 that the activity might have the potential to cause effects to historic properties,the permittee cannot begin the activity until receiving written notification from the Corps that there is"no effect"on listed species or "no potential to cause effects"on historic properties, or that any consultation required under Section 7 of the Endangered Species Act(see 33 CFR 330.4(f)) and/or section 106 of the National Historic Preservation Act (see 33 CFR 330.4(g))has been completed. Also,work cannot begin under NWPs 21, 49, or 50 until the permittee has received written approval from the Corps. If the proposed activity requires a written waiver to exceed specified limits of an NWP,the permittee may not begin the activity until the district engineer issues the waiver. If the district or division engineer notifies the permittee in writing that an individual permit is required within 45 calendar days of receipt of a complete PCN,the permittee cannot begin the activity until an individual permit has been obtained. Subsequently,the permittee's right to proceed under the NWP may be modified, suspended, or revoked only in accordance with the procedure set forth in 33 CFR 330.5(d)(2). (b) Contents of Pre-Construction Notification: The PCN must be in writing and include the following information: (1)Name, address and telephone numbers of the prospective permittee; (2) Location of the proposed activity; (3)Identify the specific NWP or NWP(s)the prospective permittee wants to use to authorize the proposed activity; (4)A description of the proposed activity;the activity's purpose; direct and indirect adverse environmental effects the activity would cause, including the anticipated amount of loss of wetlands, other special aquatic sites, and other waters expected to result from the NWP activity, in acres, linear feet, or other appropriate unit of measure; a description of any proposed mitigation measures intended to reduce the adverse environmental effects caused by the proposed activity; and any other NWP(s),regional general permit(s), or individual permit(s) used or intended to be used to authorize any part of the proposed project or any related activity, including other separate and distant crossings for linear projects that require Department of the Army authorization but do not require pre-construction notification. The description of the proposed activity and any proposed mitigation measures should be sufficiently detailed to allow the district engineer to determine that the adverse environmental effects of the activity will be no more than minimal and to determine the need for compensatory mitigation or other mitigation measures. For single and complete linear projects,the PCN must include the quantity of anticipated losses of wetlands, other special aquatic sites, and other waters for each single and complete crossing of those wetlands, other special aquatic sites, and other waters. 13 Sketches should be provided when necessary to show that the activity complies with the terms of the NWP. (Sketches usually clarify the activity and when provided results in a quicker decision. Sketches should contain sufficient detail to provide an illustrative description of the proposed activity(e.g., a conceptual plan),but do not need to be detailed engineering plans); (5)The PCN must include a delineation of wetlands, other special aquatic sites, and other waters, such as lakes and ponds, and perennial, intermittent, and ephemeral streams, on the project site. Wetland delineations must be prepared in accordance with the current method required by the Corps. The permittee may ask the Corps to delineate the special aquatic sites and other waters on the project site,but there may be a delay if the Corps does the delineation, especially if the project site is large or contains many wetlands, other special aquatic sites, and other waters. Furthermore,the 45 day period will not start until the delineation has been submitted to or completed by the Corps, as appropriate; (6)If the proposed activity will result in the loss of greater than 1/10-acre of wetlands and a PCN is required,the prospective permittee must submit a statement describing how the mitigation requirement will be satisfied,or explaining why the adverse environmental effects are no more than minimal and why compensatory mitigation should not be required. As an alternative,the prospective permittee may submit a conceptual or detailed mitigation plan. (7)For non-Federal permittees, if any listed species or designated critical habitat might be affected or is in the vicinity of the activity, or if the activity is located in designated critical habitat,the PCN must include the name(s) of those endangered or threatened species that might be affected by the proposed activity or utilize the designated critical habitat that might be affected by the proposed activity. For N WP activities that require pre-construction notification,Federal permittees must provide documentation demonstrating compliance with the Endangered Species Act; (8)For non-Federal permittees, if the NWP activity might have the potential to cause effects to a historic property listed on,determined to be eligible for listing on, or potentially eligible for listing on,the National Register of Historic Places,the PCN must state which historic property might have the potential to be affected by the proposed activity or include a vicinity map indicating the location of the historic property. For NWP activities that require pre-construction notification,Federal permittees must provide documentation demonstrating compliance with section 106 of the National Historic Preservation Act; (9)For an activity that will occur in a component of the National Wild and Scenic River System, or in a river officially designated by Congress as a"study river"for possible inclusion in the system while the river is in an official study status,the PCN must identify the Wild and Scenic River or the"study river"(see general condition 16); and (10)For an activity that requires permission from the Corps pursuant to 33 U.S.C. 408 because it will alter or temporarily or permanently occupy or use a U.S. Army Corps of Engineers federally authorized civil works project,the pre-construction notification must include a statement confirming that the project proponent has submitted a written request for section 408 permission from the Corps office having jurisdiction over that USACE project. (c) Form of Pre-Construction Notification: The standard individual permit application form(Form ENG 4345)may be used,but the completed application form must clearly indicate that it is an NWP PCN and must include all of the applicable information required in paragraphs(b)(1)through(10)of this general condition. A letter containing the required information may also be used. Applicants may provide electronic files of PCNs and 14 supporting materials if the district engineer has established tools and procedures for electronic submittals. (d) Agency Coordination: (1) The district engineer will consider any comments from Federal and state agencies concerning the proposed activity's compliance with the terms and conditions of the NWPs and the need for mitigation to reduce the activity's adverse environmental effects so that they are no more than minimal. (2)Agency coordination is required for: (i) all NWP activities that require pre- construction notification and result in the loss of greater than 1/2-acre of waters of the United States; (ii)NWP 21,29, 39, 40, 42,43, 44, 50, 51, and 52 activities that require pre- construction notification and will result in the loss of greater than 300 linear feet of stream bed; (iii)NWP 13 activities in excess of 500 linear feet,fills greater than one cubic yard per running foot, or involve discharges of dredged or fill material into special aquatic sites; and (iv)NWP 54 activities in excess of 500 linear feet, or that extend into the waterbody more than 30 feet from the mean low water line in tidal waters or the ordinary high water mark in the Great Lakes. (3)When agency coordination is required,the district engineer will immediately provide (e.g.,via e-mail,facsimile transmission, overnight mail, or other expeditious manner) a copy of the complete PCN to the appropriate Federal or state offices (FWS, state natural resource or water quality agency,EPA, and, if appropriate,the NMFS). With the exception of NWP 37,these agencies will have 10 calendar days from the date the material is transmitted to notify the district engineer via telephone, facsimile transmission, or e-mail that they intend to provide substantive, site-specific comments. The comments must explain why the agency believes the adverse environmental effects will be more than minimal. If so contacted by an agency,the district engineer will wait an additional 15 calendar days before making a decision on the pre-construction notification. The district engineer will fully consider agency comments received within the specified time frame concerning the proposed activity's compliance with the terms and conditions of the NWPs, including the need for mitigation to ensure the net adverse environmental effects of the proposed activity are no more than minimal. The district engineer will provide no response to the resource agency, except as provided below. The district engineer will indicate in the administrative record associated with each pre-construction notification that the resource agencies' concerns were considered. For NWP 37, the emergency watershed protection and rehabilitation activity may proceed immediately in cases where there is an unacceptable hazard to life or a significant loss of property or economic hardship will occur. The district engineer will consider any comments received to decide whether the NWP 37 authorization should be modified, suspended, or revoked in accordance with the procedures at 33 CFR 330.5. (4)In cases of where the prospective permittee is not a Federal agency,the district engineer will provide a response to NMFS within 30 calendar days of receipt of any Essential Fish Habitat conservation recommendations,as required by section 305(b)(4)(B)of the Magnuson-Stevens Fishery Conservation and Management Act. (5)Applicants are encouraged to provide the Corps with either electronic files or multiple copies of pre-construction notifications to expedite agency coordination. DISTRICT ENGINEER'S DECISION 1. In reviewing the PCN for the proposed activity,the district engineer will determine whether the activity authorized by the NWP will result in more than minimal 15 individual or cumulative adverse environmental effects or may be contrary to the public interest. If a project proponent requests authorization by a specific NWP,the district engineer should issue the NWP verification for that activity if it meets the terms and conditions of that NWP, unless he or she determines, after considering mitigation,that the proposed activity will result in more than minimal individual and cumulative adverse effects on the aquatic environment and other aspects of the public interest and exercises discretionary authority to require an individual permit for the proposed activity. For a linear project, this determination will include an evaluation of the individual crossings of waters of the United States to determine whether they individually satisfy the terms and conditions of the NWP(s),as well as the cumulative effects caused by all of the crossings authorized by NWP. If an applicant requests a waiver of the 300 linear foot limit on impacts to streams or of an otherwise applicable limit, as provided for in NWPs 13,21, 29, 36, 39,40,42, 43,44, 50, 51, 52, or 54, the district engineer will only grant the waiver upon a written determination that the NWP activity will result in only minimal individual and cumulative adverse environmental effects. For those NWPs that have a waivable 300 linear foot limit for losses of intermittent and ephemeral stream bed and a 1/2-acre limit(i.e.,NWPs 21,29, 39, 40,42, 43, 44, 50, 51,and 52),the loss of intermittent and ephemeral stream bed,plus any other losses of jurisdictional waters and wetlands, cannot exceed 1/2-acre. 2. When making minimal adverse environmental effects determinations the district engineer will consider the direct and indirect effects caused by the NWP activity. He or she will also consider the cumulative adverse environmental effects caused by activities authorized by NWP and whether those cumulative adverse environmental effects are no more than minimal. The district engineer will also consider site specific factors, such as the environmental setting in the vicinity of the NWP activity,the type of resource that will be affected by the NWP activity,the functions provided by the aquatic resources that will be affected by the NWP activity,the degree or magnitude to which the aquatic resources perform those functions,the extent that aquatic resource functions will be lost as a result of the NWP activity(e.g.,partial or complete loss),the duration of the adverse effects (temporary or permanent),the importance of the aquatic resource functions to the region(e.g., watershed or ecoregion), and mitigation required by the district engineer. If an appropriate functional or condition assessment method is available and practicable to use,that assessment method may be used by the district engineer to assist in the minimal adverse environmental effects determination. The district engineer may add case-specific special conditions to the NWP authorization to address site- specific environmental concerns. 3. If the proposed activity requires a PCN and will result in a loss of greater than 1/10-acre of wetlands,the prospective permittee should submit a mitigation proposal with the PCN. Applicants may also propose compensatory mitigation for NWP activities with smaller impacts, or for impacts to other types of waters(e.g., streams). The district engineer will consider any proposed compensatory mitigation or other mitigation measures the applicant has included in the proposal in determining whether the net adverse environmental effects of the proposed activity are no more than minimal. The compensatory mitigation proposal may be either conceptual or detailed. If the district engineer determines that the activity complies with the terms and conditions of the NWP and that the adverse environmental effects are no more than minimal,after considering mitigation,the district engineer will notify the permittee and 16 include any activity-specific conditions in the NWP verification the district engineer deems necessary. Conditions for compensatory mitigation requirements must comply with the appropriate provisions at 33 CFR 332.3(k). The district engineer must approve the fmal mitigation plan before the permittee commences work in waters of the United States,unless the district engineer determines that prior approval of the fmal mitigation plan is not practicable or not necessary to ensure timely completion of the required compensatory mitigation. If the prospective permittee elects to submit a compensatory mitigation plan with the PCN,the district engineer will expeditiously review the proposed compensatory mitigation plan. The district engineer must review the proposed compensatory mitigation plan within 45 calendar days of receiving a complete PCN and determine whether the proposed mitigation would ensure the NWP activity results in no more than minimal adverse environmental effects. If the net adverse environmental effects of the NWP activity(after consideration of the mitigation proposal)are determined by the district engineer to be no more than minimal,the district engineer will provide a timely written response to the applicant. The response will state that the NWP activity can proceed under the terms and conditions of the NWP, including any activity-specific conditions added to the NWP authorization by the district engineer. 4. If the district engineer determines that the adverse environmental effects of the proposed activity are more than minimal,then the district engineer will notify the applicant either: (a)that the activity does not qualify for authorization under the NWP and instruct the applicant on the nrocedures to seek authorization under an individual permit; (b)that the activity is authorized under the NWP subject to the applicant's submission of a mitigation plan that would reduce the adverse environmental effects so that they are no more than minimal; or (c)that the activity is authorized under the NWP with specific modifications or conditions. Where the district engineer determines that mitigation is required to ensure no more than minimal adverse environmental effects,the activity will be authorized within the 45-day PCN period(unless additional time is required to comply with general conditions 18,20, and/or 31, or to evaluate PCNs for activities authorized by NWPs 21, 49, and 50),with activity-specific conditions that state the mitigation requirements. The authorization will include the necessary conceptual or detailed mitigation plan or a requirement that the applicant submit a mitigation plan that would reduce the adverse environmental effects so that they are no more than minimal. When compensatory mitigation is required,no work in waters of the United States may occur until the district engineer has approved a specific mitigation plan or has determined that prior approval of a final mitigation plan is not practicable or not necessary to ensure timely completion of the required compensatory mitigation. FURTHER INFORMATION 1. District Engineers have authority to determine if an activity complies with the terms and conditions of an NWP. 2. NWPs do not obviate the need to obtain other federal, state, or local permits, approvals, or authorizations required by law. 3. NWPs do not grant any property rights or exclusive privileges. 4. NWPs do not authorize any injury to the property or rights of others. 5. NWPs do not authorize interference with any existing or proposed Federal project(see general condition 31). 17 ( DEFINITIONS Best management practices (BMPs): Policies,practices,procedures, or structures implemented to mitigate the adverse environmental effects on surface water quality resulting from development. BMPs are categorized as structural or non-structural. Compensatory mitigation: The restoration(re-establishment or rehabilitation), establishment(creation), enhancement,and/or in certain circumstances preservation of aquatic resources for the purposes of offsetting unavoidable adverse impacts which remain after all appropriate and practicable avoidance and minimization has been achieved. Currently serviceable: Useable as is or with some maintenance, but not so degraded as to essentially require reconstruction. Direct effects: Effects that are caused by the activity and occur at the same time and place. Discharge: The term"discharge"means any discharge of dredged or fill material into waters of the United States. Ecological reference: A model used to plan and design an aquatic habitat and riparian area restoration, enhancement,or establishment activity under NWP 27. An ecological reference may be based on the structure, functions,and dynamics of an aquatic habitat type or a riparian area type that currently exists in the region where the proposed NWP 27 activity is located. Alternatively, an ecological reference may be based on a conceptual model for the aquatic habitat type or riparian area type to be restored, enhanced, or established as a result of the proposed NWP 27 activity. An ecological reference takes into account the range of variation of the aquatic habitat type or riparian area type in the region. Enhancement: The manipulation of the physical, chemical, or biological characteristics of an aquatic resource to heighten, intensify, or improve a specific aquatic resource function(s). Enhancement results in the gain of selected aquatic resource function(s), but may also lead to a decline in other aquatic resource function(s). Enhancement does not result in a gain in aquatic resource area. Ephemeral stream: An ephemeral stream has flowing water only during, and for a short duration after,precipitation events in a typical year. Ephemeral stream beds are located above the water table year-round. Groundwater is not a source of water for the stream.Runoff from rainfall is the primary source of water for stream flow. Establishment(creation): The manipulation of the physical, chemical, or biological characteristics present to develop an aquatic resource that did not previously exist at an upland site. Establishment results in a gain in aquatic resource area. High Tide Line: The line of intersection of the land with the water's surface at the maximum height reached by a rising tide. The high tide line may be determined, in the absence of actual data,by a line of oil or scum along shore objects, a more or less continuous deposit of fine shell or debris on the foreshore or berm, other physical markings or characteristics, vegetation lines,tidal gages, or other suitable means that delineate the general height reached by a rising tide. The line encompasses spring high tides and other high tides that occur with periodic frequency but does not include storm surges in which there is a departure from the normal or predicted reach of the tide due to the piling up of water against a coast by strong winds such as those accompanying a hurricane or other intense storm. Historic Property: Any prehistoric or historic district, site(including archaeological site), building, structure, or other object included in, or eligible for inclusion in,the National 18 Register of Historic Places maintained by the Secretary of the Interior. This term includes artifacts,records, and remains that are related to and located within such properties. The term includes properties of traditional religious and cultural importance to an Indian tribe or Native Hawaiian organization and that meet the National Register criteria(36 CFR part 60). Independent utility: A test to determine what constitutes a single and complete non- linear project in the Corps Regulatory Program. A project is considered to have independent utility if it would be constructed absent the construction of other projects in the project area. Portions of a multi-phase project that depend upon other phases of the project do not have independent utility. Phases of a project that would be constructed even if the other phases were not built can be considered as separate single and complete projects with independent utility. Indirect effects: Effects that are caused by the activity and are later in time or farther removed in distance,but are still reasonably foreseeable. Intermittent stream: An intermittent stream has flowing water during certain times of the year,when groundwater provides water for stream flow. During dry periods, intermittent streams may not have flowing water. Runoff from rainfall is a supplemental source of water for stream flow. Loss of waters of the United States: Waters of the United States that are permanently adversely affected by filling, flooding, excavation,or drainage because of the regulated activity. Permanent adverse effects include permanent discharges of dredged or fill material that change an aquatic area to dry land, increase the bottom elevation of a waterbody, or change the use of a waterbody. The acreage of loss of waters of the United States is a threshold measurement of the impact to jurisdictional waters for determining whether a project may qualify for an NWP; it is not a net threshold that is calculated after considering compensatory mitigation that may be used to offset losses of aquatic functions and services. The loss of stream bed includes the acres or linear feet of stream bed that are filled or excavated as a result of the regulated activity. Waters of the United States temporarily filled, flooded, excavated,or drained,but restored to pre- construction contours and elevations after construction, are not included in the measurement of loss of waters of the United States. Impacts resulting from activities that do not require Department of the Army authorization, such as activities eligible for exemptions under section 404(f) of the Clean Water Act, are not considered when calculating the loss of waters of the United States. Navigable waters: Waters subject to section 10 of the Rivers and Harbors Act of 1899. These waters are defined at 33 CFR part 329. Non-tidal wetland: A non-tidal wetland is a wetland that is not subject to the ebb and flow of tidal waters. Non-tidal wetlands contiguous to tidal waters are located landward of the high tide line (i.e., spring high tide line). Open water: For purposes of the NWPs,an open water is any area that in a year with normal patterns of precipitation has water flowing or standing above ground to the extent that an ordinary high water mark can be determined. Aquatic vegetation within the area of flowing or standing water is either non-emergent, sparse, or absent. Vegetated shallows are considered to be open waters. Examples of"open waters"include rivers, streams, lakes, and ponds. Ordinary High Water Mark: An ordinary high water mark is a line on the shore established by the fluctuations of water and indicated by physical characteristics, or by other appropriate means that consider the characteristics of the surrounding areas. Perennial stream: A perennial stream has flowing water year-round during a typical year. The water table is located above the stream bed for most of the year. Groundwater is the 19 primary source of water for stream flow. Runoff from rainfall is a supplemental source of water for stream flow. Practicable: Available and capable of being done after taking into consideration cost, existing technology, and logistics in light of overall project purposes. Pre-construction notification: A request submitted by the project proponent to the Corps for confirmation that a particular activity is authorized by nationwide permit. The request may be a permit application, letter, or similar document that includes information about the proposed work and its anticipated environmental effects. Pre-construction notification may be required by the terms and conditions of a nationwide permit, or by regional conditions.A pre- construction notification may be voluntarily submitted in cases where pre-construction notification is not required and the project proponent wants confirmation that the activity is authorized by nationwide permit. Preservation: The removal of a threat to, or preventing the decline of, aquatic resources by an action in or near those aquatic resources. This term includes activities commonly associated with the protection and maintenance of aquatic resources through the implementation of appropriate legal and physical mechanisms. Preservation does not result in a gain of aquatic resource area or functions. Protected tribal resources: Those natural resources and properties of traditional or customary religious or cultural importance, either on or off Indian lands,retained by, or reserved by or for, Indian tribes through treaties, statutes,judicial decisions,or executive orders, including tribal trust resources. Re-establishment: The manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning natural/historic functions to a former aquatic resource. Re-establishment results in rebuilding a former aquatic resource and results in a gain in aquatic resource area and functions. Rehabilitation: The manipulation of the physical, chemical, or biological characteristics of a site with the goal of repairing natural/historic functions to a degraded aquatic resource. Rehabilitation results in a gain in aquatic resource function, but does not result in a gain in aquatic resource area. Restoration: The manipulation of the physical. chemical,or biological characteristics of a site with the goal of returning natural/historic functions to a former or degraded aquatic resource. For the purpose of tracking net gains in aquatic resource area,restoration is divided into two categories: re-establishment and rehabilitation. Riffle and pool complex: Riffle and pool complexes are special aquatic sites under the 404(b)(1) Guidelines. Riffle and pool complexes sometimes characterize steep gradient sections of streams. Such stream sections are recognizable by their hydraulic characteristics. The rapid movement of water over a course substrate in riffles results in a rough flow, a turbulent surface, and high dissolved oxygen levels in the water. Pools are deeper areas associated with riffles. A slower stream velocity, a streaming flow, a smooth surface, and a finer substrate characterize pools: Riparian areas: Riparian areas are lands next to streams, lakes, and estuarine- marine shorelines. Riparian areas are transitional between terrestrial and aquatic ecosystems,through which surface and subsurface hydrology connects riverine, lacustrin_e, estuarine, and marine waters with their adjacent wetlands,non-wetland waters, or uplands. Riparian areas provide a variety of ecological functions and services and help improve or maintain local water quality. (See general condition 23.) 20 Shellfish seeding: The placement of shellfish seed and/or suitable substrate to increase shellfish production. Shellfish seed consists of immature individual shellfish or individual shellfish attached to shells or shell fragments (i.e., spat on shell). Suitable substrate may consist of shellfish shells, shell fragments, or other appropriate materials placed into waters for shellfish habitat. Single and complete linear project: A linear project is a project constructed for the purpose of getting people, goods, or services from a point of origin to a terminal point,which often involves multiple crossings of one or more waterbodies at separate and distant locations. The term"single and complete project" is defined as that portion of the total linear project proposed or accomplished by one owner/developer or partnership or other association of owners/developers that includes all crossings of a single water of the United States (i.e., a single waterbody) at a specific location. For linear projects crossing a single or multiple waterbodies several times at separate and distant locations, each crossing is considered a single and complete project for purposes of NWP authorization. However, individual channels in a braided stream or river, or individual arms of a large, irregularly shaped wetland or lake, etc., are not separate waterbodies, and crossings of such features cannot be considered separately. Single and complete non-linear project: For non-linear projects, the term"single and complete project" is defined at 33 CFR 330.2(i) as the total project proposed or accomplished by one owner/developer or partnership or other association of owners/developers. A single and complete non-linear project must have independent utility(see definition of"independent utility"). Single and complete non-linear projects may not be"piecemealed"to avoid the limits in an NWP authorization. Stormwater management: Stormwater management is the mechanism for controlling stormwater runoff for the purposes of reducing downstream erosion,water quality degradation,and flooding and mitigating the adverse effects of changes in land use on the aquatic environment. Stormwater management facilities: Stormwater management facilities are those facilities,including but not limited to, stormwater retention and detention ponds and best management practices,which retain water for a period of time to control runoff and/or improve the quality(i.e., by reducing the concentration of nutrients, sediments, hazardous substances and other pollutants) of stormwater runoff. Stream bed: The substrate of the stream channel between the ordinary high water marks. The substrate may be bedrock or inorganic particles that range in size from clay to boulders. Wetlands contiguous to the stream bed, but outside of the ordinary high water marks, are not considered part of the stream bed. Stream channelization: The manipulation of a stream's course,condition, capacity, or location that causes more than minimal interruption of normal stream processes. A channelized stream remains a water of the United States. Structure: An object that is arranged in a definite pattern of organization. Examples of structures include, without limitation,any pier,boat dock,boat ramp,wharf; dolphin,weir, boom, breakwater,bulkhead,revetment,riprap,jetty, artificial island, artificial reef, permanent mooring structure,power transmission line,permanently moored floating vessel, piling, aid to navigation, or any other manmade obstacle or obstruction. Tidal wetland: A tidal wetland is a jurisdictional wetland that is inundated by tidal waters. Tidal waters rise and fall in a predictable and measurable rhythm or cycle due to the gravitational pulls of the moon and sun. Tidal waters end where the rise and fall of the water 21 surface can no longer be practically measured in a predictable rhythm due to masking by other waters,wind, or other effects. Tidal wetlands are located channelward of the high tide line. Tribal lands: Any lands title to which is either: 1)held in trust by the United States for the benefit of any Indian tribe or individual; or 2)held by any Indian tribe or individual subject to restrictions by the United States against alienation. Tribal rights: Those rights legally accruing to a tribe or tribes by virtue of inherent sovereign authority,unextinguished aboriginal title,treaty, statute,judicial decisions, executive order or agreement, and that give rise to legally enforceable remedies. Vegetated shallows: Vegetated shallows are special aquatic sites under the 404(b)(1) Guidelines. They are areas that are permanently inundated and under normal circumstances have rooted aquatic vegetation, such as seagrasses in marine and estuarine systems and a variety of vascular rooted plants in freshwater systems. Waterbody: For purposes of the NWPs, a waterbody is a jurisdictional water of the United States. If a wetland is adjacent to a waterbody determined to be a water of the United States,that waterbody and any adjacent wetlands are considered together as a single aquatic unit(see 33 CFR 328.4(c)(2)). Examples of"waterbodies"include streams, rivers, lakes,ponds, and wetlands. 22 FINAL REGIONAL CONDITIONS 2017 NOTICE ABOUT WEB LINKS IN THIS DOCUMENT: The web links (both internal to our Wilmington District and any external links to collaborating agencies) in this document are valid at the time of publication. However, the Wilmington District Regulatory Program web page addresses, as with other agency web sites, may change over the timeframe of the five-year Nationwide Permit renewal cycle, in response to policy mandates or technology advances. While we will make every effort to check on the integrity of our web links and provide re-direct pages whenever possible, we ask that you report any broken links to us so we can keep the page information current and usable. We apologize in advanced for any broken links that you may encounter, and we ask that you navigate from the Regulatory home page (Regulatory Permit Program Wetlands and Streams) of the Wilmington District Corps of Engineers, to the "Permits"section of our web site to find links for pages that cannot be found by clicking directly on the listed web link in this document. Final 2017 Regional Conditions for Nationwide Permits (NWP)in the Wilmington District 1.0 Excluded Waters The Corps has identified waters that will be excluded from the use of all NWP's during certain timeframes. These waters are: 1.1 Anadromous Fish Spawning Areas Waters of the United States identified by either the North Carolina Division of Marine Fisheries (NCDMF) or the North Carolina Wildlife Resources Commission(NCWRC) as anadromous fish spawning areas are excluded during the period between February 15 and June 30,without prior written approval from the Corps and either NCDMF or NCWRC. 1.2 Trout Waters Moratorium Waters of the United States in the designated trout watersheds of North Carolina are excluded during the period between October 15 and April 15 without prior written approval from the NCWRC, or from the Eastern Band of Cherokee Indians (EBCI)Fisheries and Wildlife Management(FWM)office if the project is located on EBCI trust land. (See Section 2.7 for information on the designated trout watersheds). 1.3 Sturgeon Spawning Areas as Designated by the National Marine Fisheries Service (NMFS) Waters of the United States designated as sturgeon spawning areas are excluded during the period between February l and June 30, without prior written approval from the NMFS. 23 2.0 Waters Requiring Additional Notification The Corps has identified waters that will be subject to additional notification requirements for activities authorized by all NWPs. These waters are: 2.1 Western NC Counties that Drain to Designated Critical Habitat For proposed activities within waters of the United States that require a Pre-Construction Notification(PCN) and are located in the sixteen counties listed below,permittees must provide a copy of the PCN to the U.S. Fish and Wildlife Service (USFWS), 160 Zillicoa Street, Asheville,North Carolina 28801. This PCN must be sent concurrently to the U.S. Fish and Wildlife Service and the Corps Asheville Regulatory Field Office. Please see General Condition 18 for specific notification requirements related to the Endangered Species Act and the below website for information on the location of designated critical habitat. Counties with tributaries that drain to designated critical habitat that require notification to the Asheville U.S. Fish and Wildlife Service: Avery, Cherokee, Forsyth, Graham,Haywood, Henderson, Jackson, Macon,Mecklenburg,Mitchell, Stokes, Surry, Swain, Transylvania,Union and Yancey. Website and office addresses for Endangered Species Act Information: The Wilmington District has developed the following website for permittees which provides guidelines on how to review linked websites and maps in order to fulfill NWP General Condition 18 requirements: http://www.saw.usace.army.mil/Missions/RegulatoryPermitProgram/AgencyCoordination/ESA.a spx Permittees who do not have internet access may contact the appropriate U.S. Fish and Wildlife Service offices listed below or Corps at(910)251-4633: Asheville U.S. Fish and Wildlife Service Office counties: All counties west of and including Anson, Stanly, Davidson, Forsythe and Stokes Counties. U.S. Fish and Wildlife Service Asheville Field Office 160 Zillicoa Street Asheville,NC 28801 Telephone: (828)258-3939 Raleigh U.S. Fish and Wildlife Service Office counties: all counties east of and including Richmond,Montgomery, Randolph, Guilford, and Rockingham Counties, U.S. Fish and Wildlife Service Raleigh Field Office Post Office Box 33726 24 Raleigh,NC 27636-3726 Telephone: (919) 856-4520 2.2 Special Designation Waters Prior to the use of any NWP,except NWP 3,that involves a discharge of dredged or fill material in any of the following identified waters and/or adjacent wetlands in North Carolina,permittees shall submit a PCN to the District Engineer prior to commencing the activity(see General Condition 32). The North Carolina waters and wetlands that require additional notification requirements are: "Outstanding Resource Waters" (ORW) or"High Quality Waters" (HQW)as designated by the North Carolina Environmental Management Commission; "Primary Nursery Areas" (PNA), including inland PNA, as designated by the North Carolina Marine Fisheries Commission and the NCWRC; or wetlands adjacent to these waters. Definitions of ORW,HQW and PNA waters can be found in the North Carolina State Administrative Code, Title 15A, Subchapters 2B and 10C (15A NCAC 02B, 15A NCAC 10C) and at the following World Wide Web page: http://reports.oah.state.nc.us/ncac.asp?folderName=\Title%2015A%20- %20Environmental%20Quality&lookUpError=l5A%20NCAC%20000%20. Surface water classifications for waters in North Carolina can be viewed at the North Carolina Division of Water Resources website or at the following World Wide Web Page: https://deq.nc.gov/about/divisions/water-resources/planning/classification- standards/classifications Permittees who do not have internet access may contact the Corps at(910)251-4633. 2.3 Coastal Area Management Act(CAMA)Areas of Environmental Concern Non-federal permittees for any NWP in a designated"Area of Environmental Concern" (AEC) in the twenty(20)counties of Eastern North Carolina covered by the North Carolina Coastal Area Management Act(CAMA)must also obtain the required CAMA permit. Development activities for non-federal projects may not commence until a copy of the approved CAMA permit is furnished to the appropriate Wilmington District Regulatory Field Office (Wilmington Field Office—69 Darlington Avenue, Wilmington,NC 28403, (910) 251-4802 or Washington Field Office—2407 West 5th Street, Washington,NC 27889, (910) 251-4610). 2.4 Barrier Islands Prior to the use of any NWP on a barrier island of North Carolina,permittees must submit a PCN to the District Engineer prior to commencing the activity(see General Condition 32). 2.5 Mountain or Piedmont Bogs Prior to the use of any NWP in a Bog, as classified by the North Carolina Wetland Assessment Methodology(NCWAM),permittees shall submit a PCN to the District Engineer prior to commencing the activity(see General Condition 32). The latest version of NCWAM can be 25 viewed on the Corps RIBITS (Regulatory In-lieu Fee and Bank Information Tracking System) website or at the following World Wide Web Page: https://ribits.usace.army.mil/ribits apex/f?p=107:27:0::NO::: 2.6 Animal Waste Facilities Prior to use of any NWP for construction of animal waste facilities in waters of the United States, including wetlands,permittees shall submit a PCN to the District Engineer prior to commencing the activity (see General Condition 32). 2.7 Trout Waters Prior to any discharge of dredge or fill material into streams,waterbodies or wetlands within the 294 designated trout watersheds of North Carolina,the permittee shall submit a PCN(see General Condition 32)to the District Engineer prior to commencing the activity, unless other thresholds are established in the Regional Conditions in Section 4 (Additional Regional Conditions for Specific Nationwide Permits). The permittee shall also provide a copy of the notification to the appropriate NCWRC office, or to the EBCI FWM Office(if the project is located on EBCI trust land),to facilitate the determination of any potential impacts to designated Trout Waters. Notification to the Corps will include a statement with the name of the NCWRC or EBCI FWM biologist contacted,the date of the notification,the location of work, a delineation of wetlands and waters, a discussion of alternatives to working in the mountain trout waters, why alternatives were not selected, and, if applicable, a plan to provide compensatory mitigation for all unavoidable adverse impacts to mountain trout waters. NCWRC and NC Trout Watersheds: NCWRC Contact** Counties that are Counties that are entirely within Trout partially within Trout Watersheds* Watersheds* Mountain Coordinator Alleghany Jackson Burke McDowell Balsam Depot Ashe Macon Buncombe Mitchell 20830 Great Smoky Avery Swain Caldwell Polk Mountain Expressway Graham Transylvania Cherokee Rutherford Waynesville,NC 28786 Haywood Watauga Clay Surry Telephone: (828) 558-6011 Henderson Wilkes Madison Yancey For NCDOT Projects: NCDOT Coordinator 206 Charter. Street Albemarle,NC 28001 Telephone: (704) 982-9181 26 *NOTE: To determine notification requirements, contact the Corps Asheville Regulatory Field Office at(828) 271-7980 or view maps for each County at the following World Wide Web page: http://www.saw.usace.army.mil/Missions/Regulatory-Permit-Program/Agency- Coordination/Trout/. **If a project is located on EBCI trust land, submit the PCN in accordance with Section 3.14. Contact the Corps Asheville Regulatory Field Office at(828)271-7980 with questions. 2.8 Western NC Waters and Corridors The permittee shall submit a PCN(see General Condition 32)to the District Engineer prior to commencing the activity in waters of the United States if the activity will occur within any of the following identified waters in western North Carolina,within 0.5 mile on either side of these waters, or within 0.75 mile of the Little Tennessee River,as measured from the top of the bank of the respective water(i.e.,river, stream,or creek): Brasstown Creek Burningtown Creek Cane River Caney Fork Cartoogechaye Creek Chattooga River Cheoah River Cowee Creek Cullasaja River Deep Creek Ellijay Creek French Broad River Garden Creek Hiwassee River Hominy Creek Iotla Creek Little Tennessee River(within the river or within 0.75 mile on either side of this river) Nantahala River Nolichucky River North Fork French Broad River North Toe River Nottley River Oconaluftee River(portion not located on trust/EBCI land) Peachtree Creek Shooting Creek Snowbird Creek South Toe River Stecoah Creek Swannanoa River Sweetwater Creek 27 Tuckasegee River(also spelled Tuckaseegee or Tuckaseigee) Valley River Watauga Creek Watauga River W ayah Creek West Fork French Broad River To determine notification requirements, contact the Corps Asheville Regulatory Field Office at (828) 271-7980 or view maps for all corridors at the following World Wide Web page: http://www.saw.usace.army.mil/Missions/Regulatory-Permit-Program/Agency- Coordination/Designated-Special-Waters.aspx 3.0 List of Corps Regional Conditions for All Nationwide Permits The following conditions apply to all Nationwide Permits in the Wilmington District: 3.1 Limitation of Loss of Stream Bed NWPs may not be used for activities that may result in the loss or degradation of more than 300 total linear feet of stream bed,unless the District Engineer has waived the 300 linear foot limit for ephemeral and intermittent streams on a case-by-case basis and has determined that the proposed activity will result in minimal individual and cumulative adverse impacts to the aquatic environment. Waivers for the loss of ephemeral and intermittent streams must be in writing and documented by appropriate/accepted stream quality assessments*. This waiver only applies to the 300 linear feet threshold for NWPs. This Regional Condition does not apply to NWP 23 (Approved Categorical Exclusions). *NOTE: Permittees should utilize the most current methodology prescribed by Wilmington District to assess stream function and quality. Information can be found at: https://ribits.usace.army.mil/ribits apex/f?p=107:27:0::NO::: 3.2 Mitigation for Loss of Stream Bed For any NWP that results in a loss of more than 150 linear feet of stream,the permittee shall provide a mitigation proposal to compensate for more than minimal individual and cumulative adverse impacts to the aquatic environment. For stream losses of 150 linear feet or less that require a PCN, the District Engineer may determine, on a case-by-case basis,that compensatory mitigation is required to ensure that the activity results in minimal adverse effect on the aquatic environment. 3.3 Pre-construction Notification for Loss of Streambed Exceeding 150 Feet Prior to use of any NWP for any activity which impacts more than 150 total linear feet of perennial stream, intermittent or ephemeral stream,the permittee shall submit a PCN to the District Engineer prior to commencing the activity(see General Condition 32). This applies to 28 NWPs that do not have specific notification requirements. If a NWP has specific notification requirements,the requirements of the NWP should be followed. 3.4 Restriction on Use of Live Concrete For all NWPs which allow the use of concrete as a building material, live or fresh concrete, including bags of uncured concrete, may not come into contact with the water in or entering into waters of the United States. Water inside coffer dams or casings that has been in contact with wet concrete shall only be returned to waters of the United States after the concrete is set and cured and when it no longer poses a threat to aquatic organisms. 3.5 Requirements for Using Riprap for Bank Stabilization For all NWPs that allow for the use of riprap material for bank stabilization,the following measures shall be applied: 3.5.1. Where bank stabilization is conducted as part of an activity,natural design, bioengineering and/or geoengineering methods that incorporate natural durable materials, native seed mixes, and native plants and shrubs are to be utilized to the maximum extent practicable. 3.5.2. Filter cloth must be placed underneath the riprap as an additional requirement of its use in North Carolina waters. The placement of filter fabric is not required if the riprap will be pushed or"keyed"into the bank of the waterbody. A waiver from the specifications in this Regional Condition may be requested in writing. The waiver will only be issued if it can be demonstrated that the impacts of complying with this Regional Condition would result in greater adverse impacts to the aquatic environment. 3.5.3. The placement of riprap shall be limited to the areas depicted on submitted work plan drawings. 3.5.4. The riprap material shall be clean and free from loose dirt or any pollutant except in trace quantities that would not have an adverse environmental effect. 3.5.5. It shall be of a size sufficient to prevent its movement from the authorized alignment by natural forces under normal conditions. 3.5.6. The riprap material shall consist of clean rock or masonry material such as, but not limited to, granite,marl, or broken concrete. 3.6 Requirements for Culvert Placement 3.6.1 For all NWPs that involve the construction/installation of culverts,measures will be included in the construction/installation that will promote the safe passage of fish and other aquatic organisms. The dimension,pattern, and profile of the stream above and below a pipe or culvert should not be modified by altering the width or depth of the stream profile in connection with the construction activity. The width,height, and gradient of a proposed culvert should be 29 sufficient to pass the average historical low flow and spring flow without adversely altering flow velocity. Spring flow is the seasonal sustained high flow that typically occurs in the spring. Spring flows should be determined from gage data, if available. In the absence of such data, bank-full flow can be used as a comparable indicator. In Public Trust Areas of Environmental Concern(AEC)and/or the Estuarine Waters AEC as designated by the Coastal Area Management Act(CAMA): All pipes/culverts must be sufficiently sized to allow for the burial of the bottom of the culvert at least one foot below normal bed elevation. Circular Culvert • Rise Sambed t(Diameter) Maeda �- 5e7 sysee sir * ► 12 AnLhe • .,, ,� � V Invert In all other areas: Culverts greater than 48 inches in diameter will be buried at least one foot below the bed of the stream. Culverts 48 inches in diameter or less shall be buried to maintain aquatic passage and to maintain passage during drought or low flow conditions, and every effort shall be made to maintain the existing channel slope. Culverts must be designed and constructed in a manner that minimizes destabilization and head cutting. Destabilizing the channel and head cutting upstream should be considered and appropriate actions incorporated in the design and placement of the culvert. A waiver from the depth specifications in this condition may be requested, in writing, by the permittee and issued by the Corp;this request must be specific as to the reasons(s)for the request. The waiver will be issued if it can be demonstrated that the proposed design would result in less impacts to the aquatic environment. All counties: Culverts placed within riparian and/or riverine wetlands must be installed in a manner that does not restrict the flow and circulation patterns of waters of the United States. 30 Culverts placed across wetland fills purely for the purposes of equalizing surface water do not have to be buried,but the culverts must be of adequate size and/or number to ensure unrestricted transmission of water. 3.6.2 Bank-full flows (or less) shall be accommodated through maintenance of the existing bank- full channel cross sectional area. Additional culverts or culvert barrels at such crossings shall be allowed only to receive bank-full flows. Approach Fill Roadway Culvert buried Bankfull below streambed to appropriate depth Ofrequire . Baffle/ Stream Blockage Bottom 3.6.3 Where adjacent floodplain is available, flows exceeding bank-full should be accommodated by installing culverts at the floodplain elevation. Additional culverts or culvert barrels at such crossings should not be buried, or if buried,must have sills at the inlets to ensure that they only receive flows exceeding bank-full. 3.6.4 Excavation of existing stream channels shall be limited to the minimum necessary to construct or install the proposed culvert. The final width of the impacted stream at the culvert inlet and outlet should be no greater than the original stream width. A waiver from this condition may be requested in writing;this request must be specific as to the reason(s) for the request. The waiver will be issued if the proposed design would result in less impacts to the aquatic environment and/or if it can be demonstrated that it is not practicable to restore the final width of the impacted stream at the culvert inlet and outlet to the width of the original stream channel. 3.6.5 The width of the culvert shall be comparable to the width of the stream channel. If the width of the culvert is wider than the stream channel,the culvert shall include baffles,benches and/or sills to maintain the width of the stream channel. A waiver from this condition may be requested in writing;this request must be specific as to the reason(s) for the request. The waiver will be issued if it can be demonstrated that it is not practicable or necessary to include baffles, benches or sills and the design would result in less impacts to the aquatic environment. 3.7 Notification to NCDEQ Shellfish Sanitation Section Permittees shall notify the NCDEQ Shellfish Sanitation Section prior to dredging in or removing sediment from an area closed to shell fishing where the effluent may be released to an area open for shell fishing or swimming in order to avoid contamination from the disposal area and cause a temporary shellfish closure to be made. Such notification shall also be provided to the appropriate Corps Regulatory Field Office. Any disposal of sand to the ocean beach should occur between November 1 and April 30 when recreational usage is low. Only clean sand 31 should be used and no dredged sand from closed shell fishing areas may be used. If beach disposal were to occur at times other than stated above or if sand from a closed shell fishing area is to be used, a swimming advisory shall be posted, and a press release shall be issued by the permittee. 3.8 Submerged Aquatic Vegetation Impacts to Submerged Aquatic Vegetation(SAV) are not authorized by any NWP, except NWP 48,unless EFH Consultation has been completed pursuant to the Magnuson-Stevens Fisheries Conservation and Management Act(Magnuson-Stevens Act). Permittees shall submit a PCN (See NWP General Condition 32)to the District Engineer prior to commencing the activity if the project would affect SAV. The permittee may not begin work until notified by the Corps that the requirements of the Magnuson-Stevens Act have been satisfied and that the activity is authorized. 3.9 Sedimentation and Erosion Control Structures and Measures All PCNs will identify and describe sedimentation and erosion control structures and measures proposed for placement in waters of the United States. The structures and measures should be depicted on maps, surveys or drawings showing location and impacts to jurisdictional wetlands and streams. 3.10 Restoration of Temporary Impacts to Stream Beds Upon completion of work that involves temporary stream impacts, streambeds are to be restored to pre-project elevations and widths using natural streambed material such that the impacted stream reach mimics the adjacent upstream and downstream reach. The impacted area shall be backfilled with natural streambed material to a depth of at least 12 inches or to the bottom depth of the impacted area if shallower than 12 inches. An engineered in-stream structure or material can be used to provide protection of a buried structure if it provides benefits to the aquatic environment and can be accomplished by a natural streambed design. A permittee may request a waiver of this condition if it is determined a buried structure needs significant physical protection beyond those provided in this condition. This condition does not apply to NWP 27—Aquatic Habitat Restoration, Enhancement, and Establishment Activities. 3.11 Restoration of Temporary Impacts to Stream Banks Upon completion of work involving temporary stream bank impacts, stream banks are to be restored to pre-project grade and contours or beneficial grade and contours if the original bank slope is steep and unstable.Natural durable materials, native seed mixes, and native plants and shrubs are to be utilized in the restoration.Natural designs which use bioengineered and/or geo- engineered methods are to be applied.An engineered structure or material can be used to provide protection of a buried structure if it provides benefits to the stream bank environment,provided it is not in excess of the minimum amount needed for protection and does not exceed an average of one cubic yard per running foot placed along the bank below the plane of the ordinary high water mark. A permittee may request a waiver of this condition if it is determined a buried structure 32 needs significant physical protection beyond those provided in this condition. This condition does not apply to NWP 27—Aquatic Habitat Restoration, Enhancement, and Establishment Activities. 3.12 Federal Navigation Channel Setbacks and Corps Easements 3.12.1 Authorized structures and fills located in or adjacent to Federally authorized waterways will be constructed in accordance with the latest setback criteria established by the Wilmington District Engineer. You may review the setback policy at http://www.saw.usace.army.mil/Missions/Navigation/Setbacks.aspx. This general permit does not authorize the construction of hardened or permanently fixed structures within the Federally Authorized Channel Setback,unless the activity is approved by the Corps. The permittee shall submit a PCN(see General Condition 32)to the District Engineer prior to the construction of any structures or fills within the Federally Authorized Channel Setback. 3.12.2 The permittee shall obtain a Consent to Cross Government Easement from the Wilmington District's Land Use Coordinator prior to any crossing of the Corps easement and/or prior to commencing construction of any structures, authorized dredging or other work within the right-of-way of, or in proximity to, a federally designated disposal area. The Land Use Coordinator may be contacted at: CESAW-OP-N, 69 Darlington Avenue, Wilmington,North Carolina 28403-1343, email: SAWWeb-NAV@usace.army.mil 3.13 Northern Long-eared Bat—Endangered Species Act Compliance The Wilmington District, U.S. Army Corps of Engineers has consulted with the United States Fish and Wildlife Service (USFWS)in regards to the threatened Northern long-eared bat (NLEB)(Myotis septentrionalis)and Standard Local Operating Procedures for Endangered Species (SLOPES)have been approved by the Corps and the USFWS. This condition concerns effects to the NLEB only and does not address effects to other federally listed species and/or federally designated critical habitat. A. Procedures when the Corps is the lead federal* agency for a project: The permittee must comply with(1) and(2)below when: •the project is located in the western 41 counties of North Carolina, to include non- federal aid North Carolina Department of Transportation(NCDOT)projects, OR; •the project is located in the 59 eastern counties of North Carolina,and is a non- NCDOT project. *Generally, if a project is located on private property or on non-federal land, and the project is not being funded by a federal entity,the Corps will be the lead federal agency due to the requirement to obtain Department of the Army authorization to impact waters of the United States. If the project is located on federal land, contact the Corps to determine the lead federal agency. 33 (1)A permittee using a NWP must check to see if their project is located in the range of the NLEB by using the following website: http://www.fws.gov/midwest/endangered/mammals/nleb/pdf/WNSZone.pdf. If the project is within the range of the NLEB, or if the project includes percussive activities (e.g.,blasting,pile driving, etc.),the permittee is then required to check the appropriate website in the paragraph below to discover if their project: • is located in a 12-digit Hydrologic Unit Code area("red HUC" - shown as red areas on the map),AND/OR; • involves percussive activities within 0.25 mile of a red HUC. Red HUC maps -for the western 41 counties in NC (covered by the Asheville Ecological Services Field Office), check the project location against the electronic maps found at: http://www.fws.gov/asheville/htmls/project review/NLEB in WNC.html. For the eastern 59 counties in NC (covered by the Raleigh Ecological Services Field Office), check the project location against the electronic maps found at: https://www.fws.gov/raleigh/NLEB RFO.html. (2)A permittee must submit a PCN to the District Engineer,and receive written authorization from the District Engineer,prior to commencing the activity, if the activity will involve any of the following: •tree clearing/removal, construction/installation of wind turbines in a red HUC, AND/OR; • bridge removal or maintenance, unless the bridge has been inspected and there is no evidence of bat use, (applies anywhere in the range of the NLEB), AND/OR: • percussive activities in a red HUC, or within 0.25 mile of a red HUC. The pennittee may proceed with the activity without submitting a PCN to either the Corps or the USFWS,provided the activity complies with all applicable NWP terms and general and regional conditions, if the permittee's review under A.(1) and A.(2) above shows that the project is: • located outside of a red HUC (and there are no percussive activities), and the activity will NOT include bridge removal or maintenance,unless the bridge has been inspected and there is no evidence of bat use, OR; • located outside of a red HUC and there are percussive activities,but the percussive activities will not occur within 0.25-mile of a red HUC boundary, and the activity will NOT include bridge removal or maintenance,unless the bridge has been inspected and there is no evidence of bat use, OR; 34 • located in a red HUC,but the activity will NOT include: tree clearing/removal; construction/installation of wind turbines;bridge removal or maintenance, unless the bridge has been inspected and there is no evidence of bat use, and/or; any percussive activities. B. Procedures when the USACE is not the lead federal agency: For projects where another federal agency is the lead federal agency-if that other federal agency has completed project-specific ESA Section 7(a)(2)consultation for the NLEB, and has(1) determined that the project would not cause prohibited incidental take of the NLEB, and(2) completed coordination/consultation that is required by the USFWS (per the directions on the respective USFWS office's website),that project may proceed without notification to either the USACE or the USFWS,provided all General and Regional Permit Conditions are met. The NLEB SLOPES can be viewed on the USACE website at the following World Wide Web Page: http://www.saw.usace.army.mil/Missions/Regulatory-Permit-Program/Agency- Coordination/ESA/. Permittees who do not have internet access may contact the USACE at(910) 251-4633. 3.14 Work on Eastern Band of Cherokee Indians Land All PCNs submitted for activities in waters of the United States on Eastern Band of Cherokee Indians (EBCI)trust land(i.e., Qualla Boundary and non-contiguous tracts of trust land),must comply with the requirements of the latest MOU between the Wilmington District and the Eastern Band of Cherokee Indians. 4.0 Additional Regional Conditions for Specific Nationwide Permits 4.1 NWP#14 -Linear Transportation Projects 4.1.1 If appropriate,permittees shall employ natural channel design(see definition below and NOTE below)to the maximum extent practicable for stream relocations. All stream relocation proposals shall include a Relocation and Monitoring Plan and a functional assessment of baseline conditions (e.g.,use of the North Carolina Stream Assessment Methodology). Compensatory mitigation may be required for stream relocations. Natural Channel Design means a geomorphologic approach to stream restoration based on an understanding of valley type, general watershed conditions, dimension,pattern,profile, hydrology and sediment transport of natural, stable channels (reference condition)and applying this understanding to the reconstruction of a stable channel. NOTE: For more information on Natural Channel Design,permittees should reference North Carolina Stream Mitigation Guidance on the Corps RIBI T S (Regulatory In-lieu Fee and Bank Information Tracking System)website or at the following World Wide Web Page: https://ribits.usace.army.mil/ribits apex/f?p=107:27:16705499703550::NO:RP:P27 BUTTON KEY:O. 35 4.1.2 This NWP authorizes only upland to upland crossings and cannot be used in combination with Nationwide Permit 18 to create an upland within waters of the United States, including wetlands. 4.1.3 This NWP cannot be used for private projects located in tidal waters or tidal wetlands. 4.1.4 In designated trout watersheds, a PCN is not required for impacts to a maximum of 60 linear feet(150 linear feet for temporary dewatering) or 1/10-acre of jurisdictional aquatic resources for proposed structures not adjoining, adjacent to, or connected to existing structures. In designated trout waters,the permittee shall submit a PCN(see Regional Conditions 2.7 and General Condition 32)to the District Engineer prior to commencing the activity if 1) impacts (other than temporary dewatering to work in dry conditions)to jurisdictional aquatic resources exceed 60 linear feet or 1/10-acre; 2)temporary impacts to streams or waterbodies associated with dewatering to work in dry conditions exceed 150 linear feet; 3)the project will involve impacts to wetlands; 4)the primary purpose of the project is for commercial development; 5)the project involves the replacement of a bridge or spanning structure with a culvert or non-spanning structure in waters of the United States; or 6)the activity will be constructed during the trout waters moratorium(October 15 through April 15). 4.1.5 The permittee shall submit a PCN to the District Engineer prior to commencing the activity if the activity will involve the discharge of dredged or fill material into more than 150 linear feet of stream channel for the construction of temporary access fills and/or temporary road crossings. The PCN must include a restoration plan that thoroughly describes how all temporary fills will be removed, describes how pre-project conditions will be restored, and includes a timetable for all restoration activities. 36 NATIONWIDE PERMIT 18 DEPARTMENT OF THE ARMY CORPS OF ENGINEERS FINAL NOTICE OF ISSUANCE AND MODIFICATION OF NATIONWIDE PERMITS FEDERAL REGISTER AUTHORIZED MARCH 19,2017 Minor Discharges.Minor discharges of dredged or fill material into all waters of the United States,provided the activity meets all of the following criteria: (a) The quantity of discharged material and the volume of area excavated do not exceed 25 cubic yards below the plane of the ordinary high water mark or the high tide line; (b) The discharge will not cause the loss of more than 1/10-acre of waters of the United States; and (c) The discharge is not placed for the purpose of a stream diversion. Notification: The permittee must submit a pre-construction notification to the district engineer prior to commencing the activity if: (1)the discharge or the volume of area excavated exceeds 10 cubic yards below the plane of the ordinary high water mark or the high tide line, or(2)the discharge is in a special aquatic site, including wetlands. (See general condition 32.) (Authorities: Sections 10 and 404) 1 NATIONWIDE PERMIT GENERAL CONDITIONS The following General Conditions must be followed in order for any authorization by a NWP to be valid: 1. Navigation. (a)No activity may cause more than a minimal adverse effect on navigation. (b) Any safety lights and signals prescribed by the U.S. Coast Guard,through regulations or otherwise,must be installed and maintained at the permittee's expense on authorized facilities in navigable waters of the United States. (c) The permittee understands and agrees that, if future operations by the United States require the removal,relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters,the permittee will be required,upon due notice from the Corps of Engineers, to remove,relocate, or alter the structural work or obstructions caused thereby, without expense to the United States.No claim shall be made against the United States on account of any such removal or alteration. 2. Aquatic Life Movements.No activity may substantially disrupt the necessary life cycle movements of those species of aquatic life indigenous to the waterbody, including those species that normally migrate through the area,unless the activity's primary purpose is to impound water. All permanent and temporary crossings of waterbodies shall be suitably culverted, bridged, or otherwise designed and constructed to maintain low flows to sustain the movement of those aquatic species. If a bottomless culvert cannot be used,then the crossing should be designed and constructed to minimize adverse effects to aquatic life movements. 3. Spawning Areas. Activities in spawning areas during spawning seasons must be avoided to the maximum extent practicable.Activities that result in the physical destruction(e.g.,through excavation, fill, or downstream smothering by substantial turbidity) of an important spawning area are not authorized. 4. Migratory Bird Breeding Areas.Activities in waters of the United States that serve as breeding areas for migratory birds must be avoided to the maximum extent practicable. 5. Shellfish Beds.No activity may occur in areas of concentrated shellfish populations,unless the activity is directly related to a shellfish harvesting activity authorized by NWPs 4 and 48, or is a shellfish seeding or habitat restoration activity authorized by NWP 27. 6. Suitable Material. No activity may use unsuitable material (e.g., trash, debris, car bodies, asphalt, etc.). Material used for construction or discharged must be free from toxic pollutants in toxic amounts(see section 307 of the Clean Water Act). 2 7. Water Supply Intakes.No activity may occur in the proximity of a public water supply intake, except where the activity is for the repair or improvement of public water supply intake structures or adjacent bank stabilization. 8. Adverse Effects From Impoundments. If the activity creates an impoundment of water, adverse effects to the aquatic system due to accelerating the passage of water, and/or restricting its flow must be minimized to the maximum extent practicable. 9. Management of Water Flows. To the maximum extent practicable,the pre- construction course, condition, capacity, and location of open waters must be maintained for each activity, including stream channelization, storm water management activities, and temporary and permanent road crossings, except as provided below. The activity must be constructed to withstand expected high flows. The activity must not restrict or impede the passage of normal or high flows,unless the primary purpose of the activity is to impound water or manage high flows. The activity may alter the pre-construction course, condition, capacity, and location of open waters if it benefits the aquatic environment(e.g., stream restoration or relocation activities). 10. Fills Within 100-Year Floodplains. The activity must comply with applicable FEMA-approved state or local floodplain management requirements. 11. Equipment. Heavy equipment working in wetlands or mudflats must be placed on mats, or other measures must be taken to minimize soil disturbance. 12. Soil Erosion and Sediment Controls.Appropriate soil erosion and sediment controls must be used and maintained in effective operating condition during construction, and all exposed soil and other fills, as well as any work below the ordinary high water mark or high tide line,must be permanently stabilized at the earliest practicable date. Permittees are encouraged to perform work within waters of the United States during periods of low-flow or no-flow, or during low tides. 13. Removal of Temporary Fills. Temporary fills must be removed in their entirety and the affected areas returned to pre-construction elevations. The affected areas must be revegetated,as appropriate. 14. Proper Maintenance. Any authorized structure or fill shall be properly maintained, including maintenance to ensure public safety and compliance with applicable NWP general conditions, as well as any activity-specific conditions added by the district engineer to an NWP authorization. 15. Single and Complete Project. The activity must be a single and complete project. The same NWP cannot be used more than once for the same single and complete project. 16. Wild and Scenic Rivers. (a)No NWP activity may occur in a component of the National Wild and Scenic River System,or in a river officially designated by Congress as a "study river"for possible inclusion in the system while the river is in an official study status, 3 unless the appropriate Federal agency with direct management responsibility for such river, has determined in writing that the proposed activity will not adversely affect the Wild and Scenic River designation or study status. (b) If a proposed NWP activity will occur in a component of the National Wild and Scenic River System, or in a river officially designated by Congress as a"study river"for possible inclusion in the system while the river is in an official study status,the permittee must submit a pre-construction notification(see general condition 32). The district engineer will coordinate the PCN with the Federal agency with direct management responsibility for that river. The permittee shall not begin the NWP activity until notified by the district engineer that the Federal agency with direct management responsibility for that river has determined in writing that the proposed NWP activity will not adversely affect the Wild and Scenic River designation or study status. (c) Information on Wild and Scenic Rivers may be obtained from the appropriate Federal land management agency responsible for the designated Wild and Scenic River or study river(e.g.,National Park Service,U.S. Forest Service, Bureau of Land Management, U.S. Fish and Wildlife Service). Information on these rivers is also available at: http://www.rivers.govi. 17. Tribal Rights.No NWP activity may cause more than minimal adverse effects on tribal rights (including treaty rights),protected tribal resources, or tribal lands. 18. Endangered Species. (a)No activity is authorized under any NWP which is likely to directly or indirectly jeopardize the continued existence of a threatened or endangered species or a species proposed for such designation, as identified under the Federal Endangered Species Act(ESA), or which will directly or indirectly destroy or adversely modify the critical habitat of such species.No activity is authorized under any NWP which"may affect" a listed species or critical habitat,unless ESA section 7 consultation addressing the effects of the proposed activity has been completed. Direct effects are the immediate effects on listed species and critical habitat caused by the NWP activity. Indirect effects are those effects on listed species and critical habitat that are caused by the NWP activity and are later in time,but still are reasonably certain to occur. (b) Federal agencies should follow their own procedures for complying with the requirements of the ESA. If pre-construction notification is required for the proposed activity, the Federal permittee must provide the district engineer with the appropriate documentation to demonstrate compliance with those requirements. The district engineer will verify that the appropriate documentation has been submitted. If the appropriate documentation has not been submitted,additional ESA section 7 consultation may be necessary for the activity and the respective federal agency would be responsible for fulfilling its obligation under section 7 of the ESA. (c) Non-federal permittees must submit a pre-construction notification to the district engineer if any listed species or designated critical habitat might be affected or is in the vicinity of the activity, or if the activity is located in designated critical habitat,and shall not begin work on the activity until notified by the district engineer that the requirements of the ESA have been satisfied and that the activity is authorized. For activities that might affect Federally-listed endangered or threatened species or designated critical habitat,the pre- construction notification must include the name(s)of the endangered or threatened species that 4 might be affected by the proposed activity or that utilize the designated critical habitat that might be affected by the proposed activity. The district engineer will determine whether the proposed activity"may affect"or will have"no effect'to listed species and designated critical habitat and will notify the non- Federal applicant of the Corps' determination within 45 days of receipt of a complete pre- construction notification. In cases where the non-Federal applicant has identified listed species or critical habitat that might be affected or is in the vicinity of the activity, and has so notified the Corps,the applicant shall not begin work until the Corps has provided notification that the proposed activity will have"no effect"on listed species or critical habitat, or until ESA section 7 consultation has been completed. If the non-Federal applicant has not heard back from the Corps within 45 days,the applicant must still wait for notification from the Corps. (d) As a result of formal or informal consultation with the FWS or NMFS the district engineer may add species-specific permit conditions to the NWPs. (e) Authorization of an activity by an NWP does not authorize the "take" of a threatened or endangered species as defined under the ESA. In the absence of separate authorization(e.g., an ESA Section 10 Permit,a Biological Opinion with"incidental take" provisions, etc.)from the FWS or the NMFS,the Endangered Species Act prohibits any person subject to the jurisdiction of the United States to take a listed species,where "take" means to harass,harm,pursue,hunt, shoot,wound,kill,trap, capture,or collect, or to attempt to engage in any such conduct. The word"harm"in the definition of"take" means an act which actually kills or injures wildlife. Such an act may include significant habitat modification or degradation where it actually kills or injures wildlife by significantly impairing essential behavioral patterns, including breeding, feeding or sheltering. (f) If the non-federal permittee has a valid ESA section 10(a)(1)(B) incidental take permit with an approved Habitat Conservation Plan for a project or a group of projects that includes the proposed NWP activity,the non-federal applicant should provide a copy of that ESA section 10(a)(1)(B)permit with the PCN required by paragraph(c)of this general condition. The district engineer will coordinate with the agency that issued the ESA section 10(a)(1)(B)permit to determine whether the proposed NWP activity and the associated incidental take were considered in the internal ESA section 7 consultation conducted for the ESA section 10(a)(1)(B)permit. If that coordination results in concurrence from the agency that the proposed NWP activity and the associated incidental take were considered in the internal ESA section 7 consultation for the ESA section 10(a)(1)(B)permit,the district engineer does not need to conduct a separate ESA section 7 consultation for the proposed NWP activity. The district engineer will notify the non-federal applicant within 45 days of receipt of a complete pre-construction notification whether the ESA section 10(a)(1)(B)permit covers the proposed NWP activity or whether additional ESA section 7 consultation is required. (g) Information on the location of threatened and endangered species and their critical habitat can be obtained directly from the offices of the FWS and NMFS or their world wide web pages at http://www.fws.gov/or http://www.fws.gov/ipac and http://www.nmfs.noaa.gov/pr/species/esa/respectively. 19. Migratory Birds and Bald and Golden Eagles. The permittee is responsible for ensuring their action complies with the Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Act. The permittee is responsible for contacting appropriate local office of the U.S. Fish and Wildlife Service to determine applicable measures to reduce impacts to migratory 5 birds or eagles, including whether"incidental take"permits are necessary and available under the Migratory Bird Treaty Act or Bald and Golden Eagle Protection Act for a particular activity. 20. Historic Properties. (a) In cases where the district engineer determines that the activity may have the potential to cause effects to properties listed, or eligible for listing, in the National Register of Historic Places,the activity is not authorized,until the requirements of Section 106 of the National Historic Preservation Act(NHPA)have been satisfied. (b) Federal permittees should follow their own procedures for complying with the requirements of section 106 of the National Historic Preservation Act. If pre-construction notification is required for the proposed NWP activity,the Federal permittee must provide the district engineer with the appropriate documentation to demonstrate compliance with those requirements. The district engineer will verify that the appropriate documentation has been submitted. If the appropriate documentation is not submitted, then additional consultation under section 106 may be necessary. The respective federal agency is responsible for fulfilling its obligation to comply with section 106. (c) Non-federal permittees must submit a pre-construction notification to the district engineer if the NWP activity might have the potential to cause effects to any historic properties listed on, determined to be eligible for listing on,or potentially eligible for listing on the National Register of Historic Places, including previously unidentified properties. For such activities,the pre-construction notification must state which historic properties might have the potential to be affected by the proposed NWP activity or include a vicinity map indicating the location of the historic properties or the potential for the presence of historic properties. Assistance regarding information on the location of, or potential for,the presence of historic properties can be sought from the State Historic Preservation Officer,Tribal Historic Preservation Officer, or designated tribal representative, as appropriate,and the National Register of Historic Places(see 33 CFR 330.4(g)). When reviewing pre-construction notifications, district engineers will comply with the current procedures for addressing the requirements of section 106 of the National Historic Preservation Act. The district engineer shall make a reasonable and good faith effort to carry out appropriate identification efforts, which may include background research, consultation, oral history interviews, sample field investigation, and field survey. Based on the information submitted in the PCN and these identification efforts,the district engineer shall determine whether the proposed NWP activity has the potential to cause effects on the historic properties. Section 106 consultation is not required when the district engineer determines that the activity does not have the potential to cause effects on historic properties(see 36 CFR 800.3(a)). Section 106 consultation is required when the district engineer determines that the activity has the potential to cause effects on historic properties. The district engineer will conduct consultation with consulting parties identified under 36 CFR 800.2(c)when he or she makes any of the following effect determinations for the purposes of section 106 of the NHPA: no historic properties affected,no adverse effect, or adverse effect. Where the non-Federal applicant has identified historic properties on which the activity might have the potential to cause effects and so notified the Corps,the non-Federal applicant shall not begin the activity until notified by the district engineer either that the activity has no potential to cause effects to historic properties or that NHPA section 106 consultation has been completed. 6 (d) For non-federal permittees,the district engineer will notify the prospective permittee within 45 days of receipt of a complete pre-construction notification whether NHPA section 106 consultation is required. If NHPA section 106 consultation is required,the district engineer will notify the non-Federal applicant that he or she cannot begin the activity until section 106 consultation is completed. If the non-Federal applicant has not heard back from the Corps within 45 days,the applicant must still wait for notification from the Corps. (e) Prospective permittees should be aware that section 110k of the NHPA(54 U.S.C. 306113)prevents the Corps from granting a permit or other assistance to an applicant who, with intent to avoid the requirements of section 106 of the NHPA,has intentionally significantly adversely affected a historic property to which the permit would relate, or having legal power to prevent it,allowed such significant adverse effect to occur, unless the Corps, after consultation with the Advisory Council on Historic Preservation(ACHP), determines that circumstances justify granting such assistance despite the adverse effect created or permitted by the applicant. If circumstances justify granting the assistance,the Corps is required to notify the ACHP and provide documentation specifying the circumstances,the degree of damage to the integrity of any historic properties affected,and proposed mitigation. This documentation must include any views obtained from the applicant, SHPO/THPO, appropriate Indian tribes if the undertaking occurs on or affects historic properties on tribal lands or affects properties of interest to those tribes, and other parties known to have a legitimate interest in the impacts to the permitted activity on historic properties. 21. Discovery of Previously Unknown Remains and Artifacts. If you discover any previously unknown historic, cultural or archeological remains and artifacts while accomplishing the activity authorized by this permit,you must immediately notify the district engineer of what you have found, and to the maximum extent practicable, avoid construction activities that may affect the remains and artifacts until the required coordination has been completed. The district engineer will initiate the Federal, Tribal, and state coordination required to determine if the items or remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. 22. Designated Critical Resource Waters. Critical resource waters include, NOAA- managed marine sanctuaries and marine monuments, and National Estuarine Research Reserves. The district engineer may designate, after notice and opportunity for public comment,additional waters officially designated by a state as having particular environmental or ecological significance, such as outstanding national resource waters or state natural heritage sites. The district engineer may also designate additional critical resource waters after notice and opportunity for public comment. (a)Discharges of dredged or fill material into waters of the United States are not authorized by NWPs 7, 12, 14, 16, 17,21, 29, 31, 35, 39,40, 42, 43,44,49, 50, 51, and 52 for any activity within, or directly affecting, critical resource waters,including wetlands adjacent to such waters. (b)For NWPs 3, 8, 10, 13, 15, 18, 19,22, 23,25,27,28, 30, 33, 34, 36, 37, 38, and 54,notification is required in accordance with general condition 32, for any activity proposed in the designated critical resource waters including wetlands adjacent to those waters. The district engineer may authorize activities under these NWPs only after it is determined that the impacts to the critical resource waters will be no more than minimal. 7 23. Mitigation. The district engineer will consider the following factors when determining appropriate and practicable mitigation necessary to ensure that the individual and cumulative adverse environmental effects are no more than minimal: (a) The activity must be designed and constructed to avoid and minimize adverse effects,both temporary and permanent,to waters of the United States to the maximum extent practicable at the project site (i.e., on site). (b) Mitigation in all its forms (avoiding,minimizing,rectifying,reducing, or compensating for resource losses)will be required to the extent necessary to ensure that the individual and cumulative adverse environmental effects are no more than minimal. (c) Compensatory mitigation at a minimum one-for-one ratio will be required for all wetland losses that exceed 1/10-acre and require pre-construction notification,unless the district engineer determines in writing that either some other form of mitigation would be more environmentally appropriate or the adverse environmental effects of the proposed activity are no more than minimal, and provides an activity-specific waiver of this requirement. For wetland losses of 1/10-acre or less that require pre-construction notification, the district engineer may determine on a case-by-case basis that compensatory mitigation is required to ensure that the activity results in only minimal adverse environmental effects. (d) For losses of streams or other open waters that require pre-construction notification,the district engineer may require compensatory mitigation to ensure that the activity results in no more than minimal adverse environmental effects. Compensatory mitigation for losses of streams should be provided, if practicable,through stream rehabilitation, enhancement, or preservation, since streams are difficult-to-replace resources (see 33 CFR 332.3(e)(3)). (e) Compensatory mitigation plans for NWP activities in or near streams or other open waters will normally include a requirement for the restoration or enhancement, maintenance, and legal protection(e.g., conservation easements)of riparian areas next to open waters. In some cases,the restoration or maintenance/protection of riparian areas may be the only compensatory mitigation required. Restored riparian areas should consist of native species. The width of the required riparian area will address documented water quality or aquatic habitat loss concerns.Normally,the riparian area will be 25 to 50 feet wide on each side of the stream,but the district engineer may require slightly wider riparian areas to address documented water quality or habitat loss concerns. If it is not possible to restore or maintain/protect a riparian area on both sides of a stream,or if the waterbody is a lake or coastal waters,then restoring or maintaining/protecting a riparian area along a single bank or shoreline may be sufficient. Where both wetlands and open waters exist on the project site, the district engineer will determine the appropriate compensatory mitigation(e.g., riparian areas and/or wetlands compensation)based on what is best for the aquatic environment on a watershed basis.In cases where riparian areas are determined to be the most appropriate form of minimization or compensatory mitigation,the district engineer may waive or reduce the requirement to provide wetland compensatory mitigation for wetland losses. (f) Compensatory mitigation projects provided to offset losses of aquatic resources must comply with the applicable provisions of 33 CFR part 332. (1)The prospective permittee is responsible for proposing an appropriate compensatory mitigation option if compensatory mitigation is necessary to ensure that the activity results in no more than minimal adverse environmental effects. For the NWPs, the preferred mechanism for providing compensatory mitigation is mitigation bank credits or in- 8 lieu fee program credits(see 33 CFR 332.3(b)(2)and(3)). However, if an appropriate number and type of mitigation bank or in-lieu credits are not available at the time the PCN is submitted to the district engineer,the district engineer may approve the use of permittee-responsible mitigation. (2)The amount of compensatory mitigation required by the district engineer must be sufficient to ensure that the authorized activity results in no more than minimal individual and cumulative adverse environmental effects (see 33 CFR 330.1(e)(3)). (See also 33 CFR 332.3(f)). (3)Since the likelihood of success is greater and the impacts to potentially valuable uplands are reduced, aquatic resource restoration should be the first compensatory mitigation option considered for permittee-responsible mitigation. (4)If pennittee-responsible mitigation is the proposed option,the prospective permittee is responsible for submitting a mitigation plan. A conceptual or detailed mitigation plan may be used by the district engineer to make the decision on the NWP verification request, but a final mitigation plan that addresses the applicable requirements of 33 CFR 332.4(c)(2) through(14)must be approved by the district engineer before the permittee begins work in waters of the United States,unless the district engineer determines that prior approval of the final mitigation plan is not practicable or not necessary to ensure timely completion of the required compensatory mitigation(see 33 CFR 332.3(k)(3)). (5)If mitigation bank or in-lieu fee program credits are the proposed option,the mitigation plan only needs to address the baseline conditions at the impact site and the number of credits to be provided. (6)Compensatory mitigation requirements(e.g.,resource type and amount to be provided as compensatory mitigation, site protection, ecological performance standards, monitoring requirements)may be addressed through conditions added to the NWP authorization,instead of components of a compensatory mitigation plan(see 33 CFR 332.4(c)(1)(ii)). (g) Compensatory mitigation will not be used to increase the acreage losses allowed by the acreage limits of the NWPs. For example, if an NWP has an acreage limit of 1/2-acre, it cannot be used to authorize any NWP activity resulting in the loss of greater than 1/2-acre of waters of the United States, even if compensatory mitigation is provided that replaces or restores some of the lost waters. However,compensatory mitigation can and should be used, as necessary,to ensure that an NWP activity already meeting the established acreage limits also satisfies the no more than minimal impact requirement for the NWPs. (h) Permittees may propose the use of mitigation banks, in-lieu fee programs, or permittee-responsible mitigation. When developing a compensatory mitigation proposal, the permittee must consider appropriate and practicable options consistent with the framework at 33 CFR 332.3(b). For activities resulting in the loss of marine or estuarine resources, permittee-responsible mitigation may be environmentally preferable if there are no mitigation banks or in-lieu fee programs in the area that have marine or estuarine credits available for sale or transfer to the permittee. For permittee-responsible mitigation,the special conditions of the NWP verification must clearly indicate the party or parties responsible for the implementation and performance of the compensatory mitigation project, and,if required,its long-term management. (i) Where certain functions and services of waters of the United States are permanently adversely affected by a regulated activity, such as discharges of dredged or fill 9 material into waters of the United States that will convert a forested or scrub-shrub wetland to a herbaceous wetland in a permanently maintained utility line right-of-way, mitigation may be required to reduce the adverse environmental effects of the activity to the no more than minimal level. 24. Safety of Impoundment Structures. To ensure that all impoundment structures are safely designed,the district engineer may require non-Federal applicants to demonstrate that the structures comply with established state dam safety criteria or have been designed by qualified persons. The district engineer may also require documentation that the design has been independently reviewed by similarly qualified persons,and appropriate modifications made to ensure safety. 25. Water Quality. Where States and authorized Tribes, or EPA where applicable, have not previously certified compliance of an NWP with CWA section 401, individual 401 Water Quality Certification must be obtained or waived(see 33 CFR 330.4(c)). The district engineer or State or Tribe may require additional water quality management measures to ensure that the authorized activity does not result in more than minimal degradation of water quality. 26. Coastal Zone Management. In coastal states where an NWP has not previously received a state coastal zone management consistency concurrence, an individual state coastal zone management consistency concurrence must be obtained, or a presumption of concurrence must occur(see 33 CFR 330.4(d)). The district engineer or a State may require additional measures to ensure that the authorized activity is consistent with state coastal zone management requirements. 27. Regional and Case-By-Case Conditions. The activity must comply with any regional conditions that may have been added by the Division Engineer(see 33 CFR 330.4(e)) and with any case specific conditions added by the Corps or by the state,Indian Tribe, or U.S. EPA in its section 401 Water Quality Certification, or by the state in its Coastal Zone Management Act consistency determination. 28. Use of Multiple Nationwide Permits. The use of more than one NWP for a single and complete project is prohibited,except when the acreage loss of waters of the United States authorized by the NWPs does not exceed the acreage limit of the NWP with the highest specified acreage limit. For example, if a road crossing over tidal waters is constructed under NWP 14,with associated bank stabilization authorized by NWP 13, the maximum acreage loss of waters of the United States for the total project cannot exceed 1/3-acre. 29. Transfer of Nationwide Permit Verifications. If the permittee sells the property associated with a nationwide permit verification,the permittee may transfer the nationwide permit verification to the new owner by submitting a letter to the appropriate Corps district office to validate the transfer. A copy of the nationwide permit verification must be attached to the letter, and the letter must contain the following statement and signature: "When the structures or work authorized by this nationwide permit are still in existence at the time the property is transferred,the terms and conditions of this nationwide permit, including any special conditions,will continue to be binding on the new owner(s)of the property. To 10 validate the transfer of this nationwide permit and the associated liabilities associated with compliance with its terms and conditions,have the transferee sign and date below." (Transferee) (Date) 30. Compliance Certification. Each permittee who receives an NWP verification letter from the Corps must provide a signed certification documenting completion of the authorized activity and implementation of any required compensatory mitigation. The success of any required permittee-responsible mitigation, including the achievement of ecological performance standards,will be addressed separately by the district engineer. The Corps will provide the permittee the certification document with the NWP verification letter. The certification document will include: (a) A statement that the authorized activity was done in accordance with the NWP authorization, including any general,regional,or activity-specific conditions; (b) A statement that the implementation of any required compensatory mitigation was completed in accordance with the permit conditions. If credits from a mitigation bank or in-lieu fee program are used to satisfy the compensatory mitigation requirements, the certification must include the documentation required by 33 CFR 332.3(1)(3)to confirm that the permittee secured the appropriate number and resource type of credits; and (c) The signature of the permittee certifying the completion of the activity and mitigation. The completed certification document must be submitted to the district engineer within 30 days of completion of the authorized activity or the implementation of any required compensatory mitigation,whichever occurs later. 31. Activities Affecting Structures or Works Built by the United States. If an NWP activity also requires permission from the Corps pursuant to 33 U.S.C. 408 because it will alter or temporarily or permanently occupy or use a U.S. Army Corps of Engineers (USACE) federally authorized Civil Works project(a"USACE project"),the prospective permittee must submit a pre-construction notification. See paragraph(b)(10)of general condition 32. An activity that requires section 408 permission is not authorized by NWP until the appropriate Corps office issues the section 408 permission to alter, occupy, or use the USACE project, and the district engineer issues a written NWP verification. 32. Pre-Construction Notification. (a) Timing. Where required by the terms of the NWP,the prospective permittee must notify the district engineer by submitting a pre- construction notification(PCN) as early as possible. The district engineer must determine if the PCN is complete within 30 calendar days of the date of receipt and, if the PCN is determined to be incomplete, notify the prospective permittee within that 30 day period to request the additional information necessary to make the PCN complete. The request must specify the information needed to make the PCN complete. As a general rule, district engineers will request additional information necessary to make the PCN complete only once. However, if the 11 prospective permittee does not provide all of the requested information,then the district engineer will notify the prospective permittee that the PCN is still incomplete and the PCN review process will not commence until all of the requested information has been received by the district engineer. The prospective permittee shall not begin the activity until either: (1)He or she is notified in writing by the district engineer that the activity may proceed under the NWP with any special conditions imposed by the district or division engineer; or (2)45 calendar days have passed from the district engineer's receipt of the complete PCN and the prospective permittee has not received written notice from the district or division engineer. However, if the permittee was required to notify the Corps pursuant to general condition 18 that listed species or critical habitat might be affected or are in the vicinity of the activity, or to notify the Corps pursuant to general condition 20 that the activity might have the potential to cause effects to historic properties,the permittee cannot begin the activity until receiving written notification from the Corps that there is"no effect" on listed species or "no potential to cause effects"on historic properties, or that any consultation required under Section 7 of the Endangered Species Act(see 33 CFR 330.4(f))and/or section 106 of the National Historic Preservation Act (see 33 CFR 330.4(g))has been completed. Also,work cannot begin under NWPs 21, 49, or 50 until the permittee has received written approval from the Corps. If the proposed activity requires a written waiver to exceed specified limits of an NWP,the permittee may not begin the activity until the district engineer issues the waiver. If the district or division engineer notifies the permittee in writing that an individual permit is required within 45 calendar days of receipt of a complete PCN,the permittee cannot begin the activity until an individual permit has been obtained. Subsequently,the permittee's right to proceed under the NWP may be modified, suspended, or revoked only in accordance with the procedure set forth in 33 CFR 330.5(d)(2). (b) Contents of Pre-Construction Notification: The PCN must be in writing and include the following information: (1)Name,address and telephone numbers of the prospective permittee; (2) Location of the proposed activity; (3)Identify the specific NWP or NWP(s)the prospective permittee wants to use to authorize the proposed activity; (4)A description of the proposed activity; the activity's purpose;direct and indirect adverse environmental effects the activity would cause, including the anticipated amount of loss of wetlands, other special aquatic sites, and other waters expected to result from the NWP activity,in acres, linear feet, or other appropriate unit of measure; a description of any proposed mitigation measures intended to reduce the adverse environmental effects caused by the proposed activity; and any other NWP(s),regional general permit(s), or individual permit(s) used or intended to be used to authorize any part of the proposed project or any related activity, including other separate and distant crossings for linear projects that require Department of the Army authorization but do not require pre-construction notification. The description of the proposed activity and any proposed mitigation measures should be sufficiently detailed to allow the district engineer to determine that the adverse environmental effects of the activity will be no more than minimal and to determine the need for compensatory mitigation or other mitigation measures. For single and complete linear projects,the PCN must include the quantity of anticipated losses of wetlands, other special aquatic sites, and other waters for each single and complete crossing of those wetlands, other special aquatic sites,and other waters. 12 Sketches should be provided when necessary to show that the activity complies with the terms of the NWP. (Sketches usually clarify the activity and when provided results in a quicker decision. Sketches should contain sufficient detail to provide an illustrative description of the proposed activity(e.g., a conceptual plan),but do not need to be detailed engineering plans); (5)The PCN must include a delineation of wetlands, other special aquatic sites, and other waters, such as lakes and ponds, and perennial, intermittent, and ephemeral streams, on the project site. Wetland delineations must be prepared in accordance with the current method required by the Corps. The pennittee may ask the Corps to delineate the special aquatic sites and other waters on the project site,but there may be a delay if the Corps does the delineation, especially if the project site is large or contains many wetlands, other special aquatic sites, and other waters. Furthermore,the 45 day period will not start until the delineation has been submitted to or completed by the Corps, as appropriate; (6)If the proposed activity will result in the loss of greater than 1/10-acre of wetlands and a PCN is required,the prospective permittee must submit a statement describing how the mitigation requirement will be satisfied, or explaining why the adverse environmental effects are no more than minimal and why compensatory mitigation should not be required. As an alternative,the prospective permittee may submit a conceptual or detailed mitigation plan. (7)For non-Federal permittees,if any listed species or designated critical habitat might be affected or is in the vicinity of the activity, or if the activity is located in designated critical habitat,the PCN must include the name(s)of those endangered or threatened species that might be affected by the proposed activity or utilize the designated critical habitat that might be affected by the proposed activity. For NWP activities that require pre-construction notification, Federal permittees must provide documentation demonstrating compliance with the Endangered Species Act; (8)For non-Federal permittees, if the NWP activity might have the potential to cause effects to a historic property listed on, determined to be eligible for listing on, or potentially eligible for listing on,the National Register of Historic Places,the PCN must state which historic property might have the potential to be affected by the proposed activity or include a vicinity map indicating the location of the historic property. For NWP activities that require pre-construction notification,Federal permittees must provide documentation demonstrating compliance with section 106 of the National Historic Preservation Act; (9)For an activity that will occur in a component of the National Wild and Scenic River System, or in a river officially designated by Congress as a"study river" for possible inclusion in the system while the river is in an official study status,the PCN must identify the Wild and Scenic River or the"study river"(see general condition 16); and (10)For an activity that requires permission from the Corps pursuant to 33 U.S.C. 408 because it will alter or temporarily or permanently occupy or use a U.S.Army Corps of Engineers federally authorized civil works project, the pre-construction notification must include a statement confirming that the project proponent has submitted a written request for section 408 permission from the Corps office having jurisdiction over that USACE project. (c) Form of Pre-Construction Notification: The standard individual permit application form.(Form ENG 4345)may be used, but the completed application form must clearly indicate that it is an NWP PCN and must include all of the applicable information required in paragraphs(b)(1)through(10)of this general condition. A letter containing the required information may also be used. Applicants may provide electronic files of PCNs and 13 supporting materials if the district engineer has established tools and procedures for electronic submittals. (d) Agency Coordination: (1) The district engineer will consider any comments from Federal and state agencies concerning the proposed activity's compliance with the terms and conditions of the NWPs and the need for mitigation to reduce the activity's adverse environmental effects so that they are no more than minimal. (2)Agency coordination is required for: (i) all NWP activities that require pre- construction notification and result in the loss of greater than 1/2-acre of waters of the United States; (ii)NWP 21,29,39, 40,42, 43,44, 50, 51, and 52 activities that require pre- construction notification and will result in the loss of greater than 300 linear feet of stream bed; (iii)NWP 13 activities in excess of 500 linear feet, fills greater than one cubic yard per running foot, or involve discharges of dredged or fill material into special aquatic sites; and (iv)NWP 54 activities in excess of 500 linear feet, or that extend into the waterbody more than 30 feet from the mean low water line in tidal waters or the ordinary high water mark in the Great Lakes. (3)When agency coordination is required,the district engineer will immediately provide (e.g., via e-mail,facsimile transmission, overnight mail, or other expeditious manner) a copy of the complete PCN to the appropriate Federal or state offices(FWS, state natural resource or water quality agency,EPA, and, if appropriate,the NMFS). With the exception of NWP 37, these agencies will have 10 calendar days from the date the material is transmitted to notify the district engineer via telephone, facsimile transmission, or e-mail that they intend to provide substantive, site-specific comments. The comments must explain why the agency believes the adverse environmental effects will be more than minimal. If so contacted by an agency,the district engineer will wait an additional 15 calendar days before making a decision on the pre-construction notification. The district engineer will fully consider agency comments received within the specified time frame concerning the proposed activity's compliance with the terms and conditions of the NWPs, including the need for mitigation to ensure the net adverse environmental effects of the proposed activity are no more than minimal. The district engineer will provide no response to the resource agency, except as provided below. The district engineer will indicate in the administrative record associated with each pre-construction notification that the resource agencies' concerns were considered. For NWP 37,the emergency watershed protection and rehabilitation activity may proceed immediately in cases where there is an unacceptable hazard to life or a significant loss of property or economic hardship will occur. The district engineer will consider any comments received to decide whether the NWP 37 authorization should be modified, suspended, or revoked in accordance with the procedures at 33 CFR 330.5. (4)In cases of where the prospective permittee is not a Federal agency,the district engineer will provide a response to NMFS within 30 calendar days of receipt of any Essential Fish Habitat conservation recommendations,as required by section 305(b)(4)(B)of the Magnuson-Stevens Fishery Conservation and Management Act. (5)Applicants are encouraged to provide the Corps with either electronic files or multiple copies of pre-construction notifications to expedite agency coordination. DISTRICT ENGINEER'S DECISION 1. In reviewing the PCN for the proposed activity,the district engineer will determine whether the activity authorized by the NWP will result in more than minimal 14 individual or cumulative adverse environmental effects or may be contrary to the public interest. If a project proponent requests authorization by a specific NWP,the district engineer should issue the NWP verification for that activity if it meets the terms and conditions of that NWP,unless he or she determines, after considering mitigation,that the proposed activity will result in more than minimal individual and cumulative adverse effects on the aquatic environment and other aspects of the public interest and exercises discretionary authority to require an individual permit for the proposed activity. For a linear project,this determination will include an evaluation of the individual crossings of waters of the United States to determine whether they individually satisfy the terms and conditions of the NWP(s), as well as the cumulative effects caused by all of the crossings authorized by NWP. If an applicant requests a waiver of the 300 linear foot limit on impacts to streams or of an otherwise applicable limit, as provided for in NWPs 13,21, 29, 36, 39, 40, 42,43, 44, 50, 51, 52, or 54, the district engineer will only grant the waiver upon a written determination that the NWP activity will result in only minimal individual and cumulative adverse environmental effects. For those NWPs that have a waivable 300 linear foot limit for losses of intermittent and ephemeral stream bed and a 1/2-acre limit(i.e.,NWPs 21,29, 39, 40, 42, 43,44, 50, 51, and 52),the loss of intermittent and ephemeral stream bed,plus any other losses of jurisdictional waters and wetlands, cannot exceed 1/2-acre. 2. When making minimal adverse environmental effects determinations the district engineer will consider the direct and indirect effects caused by the NWP activity. He or she will also consider the cumulative adverse environmental effects caused by activities authorized by NWP and whether those cumulative adverse environmental effects are no more than minimal. The district engineer will also consider site specific factors, such as the environmental setting in the vicinity of the NWP activity,the type of resource that will be affected by the NWP activity,the functions provided by the aquatic resources that will be affected by the NWP activity,the degree or magnitude to which the aquatic resources perform those functions,the extent that aquatic resource functions will be lost as a result of the NWP activity(e.g.,partial or complete loss),the duration of the adverse effects (temporary or permanent),the importance of the aquatic resource functions to the region(e.g.,watershed or ecoregion), and mitigation required by the district engineer. If an appropriate functional or condition assessment method is available and practicable to use,that assessment method may be used by the district engineer to assist in the minimal adverse environmental effects determination. The district engineer may add case-specific special conditions to the NWP authorization to address site- specific environmental concerns. 3. If the proposed activity requires a PCN and will result in a loss of greater than 1/10-acre of wetlands,the prospective permittee should submit a mitigation proposal with the PCN. Applicants may also propose compensatory mitigation for NWP activities with smaller impacts, or for impacts to other types of waters (e.g., streams). The district engineer will consider any proposed compensatory mitigation or other mitigation measures the applicant has included in the proposal in determining whether the net adverse environmental effects of the proposed activity are no more than minimal. The compensatory mitigation proposal may be either conceptual or detailed. If the district engineer determines that the activity complies with the terms and conditions of the NWP and that the adverse environmental effects are no more than minimal, after considering mitigation,the district engineer will notify the permittee and 15 include any activity-specific conditions in the NWP verification the district engineer deems necessary. Conditions for compensatory mitigation requirements must comply with the appropriate provisions at 33 CFR 332.3(k). The district engineer must approve the final mitigation plan before the permittee commences work in waters of the United States,unless the district engineer determines that prior approval of the final mitigation plan is not practicable or not necessary to ensure timely completion of the required compensatory mitigation. If the prospective permittee elects to submit a compensatory mitigation plan with the PCN,the district engineer will expeditiously review the proposed compensatory mitigation plan. The district engineer must review the proposed compensatory mitigation plan within 45 calendar days of receiving a complete PCN and determine whether the proposed mitigation would ensure the NWP activity results in no more than minimal adverse environmental effects. If the net adverse environmental effects of the NWP activity(after consideration of the mitigation proposal)are determined by the district engineer to be no more than minimal, the district engineer will provide a timely written response to the applicant. The response will state that the NWP activity can proceed under the terms and conditions of the NWP, including any activity-specific conditions added to the NWP authorization by the district engineer. 4. If the district engineer determines that the adverse environmental effects of the proposed activity are more than minimal,then the district engineer will notify the applicant either: (a)that the activity does not qualify for authorization under the NWP and instruct the applicant on the procedures to seek authorization under an individual permit; (b)that the activity is authorized under the NWP subject to the applicant's submission of a mitigation plan that would reduce the adverse environmental effects so that they are no more than minimal; or (c)that the activity is authorized under the NWP with specific modifications or conditions. Where the district engineer determines that mitigation is required to ensure no more than minimal adverse environmental effects,the activity will be authorized within the 45-day PCN period(unless additional time is required to comply with general conditions 18,20, and/or 31, or to evaluate PCNs for activities authorized by NWPs 21,49, and 50),with activity-specific conditions that state the mitigation requirements. The authorization will include the necessary conceptual or detailed mitigation plan or a requirement that the applicant submit a mitigation plan that would reduce the adverse environmental effects so that they are no more than minimal. When compensatory mitigation is required,no work in waters of the United States may occur until the district engineer has approved a specific mitigation plan or has determined that prior approval of a final mitigation plan is not practicable or not necessary to ensure timely completion of the required compensatory mitigation. FURTHER INFORMATION 1. District Engineers have authority to determine if an activity complies with the terms and conditions of an NWP. 2.NWPs do not obviate the need to obtain other federal, state, or local permits, approvals,or authorizations required by law. 3. NWPs do not grant any property rights or exclusive privileges. 4. NWPs do not authorize any injury to the property or rights of others. 5. NWPs do not authorize interference with any existing or proposed Federal project(see general condition 31). 16 DEFINITIONS Best management practices (BMPs): Policies,practices,procedures, or structures implemented to mitigate the adverse environmental effects on surface water quality resulting from development. BMPs are categorized as structural or non-structural. Compensatory mitigation: The restoration(re-establishment or rehabilitation), establishment(creation), enhancement, and/or in certain circumstances preservation of aquatic resources for the purposes of offsetting unavoidable adverse impacts which remain after all appropriate and practicable avoidance and minimization has been achieved. Currently serviceable: Useable as is or with some maintenance,but not so degraded as to essentially require reconstruction. Direct effects: Effects that are caused by the activity and occur at the same time and place. Discharge: The term"discharge"means any discharge of dredged or fill material into waters of the United States. Ecological reference: A model used to plan and design an aquatic habitat and riparian area restoration, enhancement, or establishment activity under NWP 27. An ecological reference may be based on the structure,functions,and dynamics of an aquatic habitat type or a riparian area type that currently exists in the region where the proposed NWP 27 activity is located. Alternatively, an ecological reference may be based on a conceptual model for the aquatic habitat type or riparian area type to be restored, enhanced, or established as a result of the proposed NWP 27 activity. An ecological reference takes into account the range of variation of the aquatic habitat type or riparian area type in the region. Enhancement: The manipulation of the physical, chemical, or biological characteristics of an aquatic resource to heighten,intensify, or improve a specific aquatic resource function(s). Enhancement results in the gain of selected aquatic resource fiinction(s), but may also lead to a decline in other aquatic resource function(s). Enhancement does not result in a gain in aquatic resource area. Ephemeral stream: An ephemeral stream has flowing water only during, and for a short duration after,precipitation events in a typical year. Ephemeral stream beds are located above the water table year-round. Groundwater is not a source of water for the stream. Runoff from rainfall is the primary source of water for stream flow. Establishment(creation): The manipulation of the physical, chemical, or biological characteristics present to develop an aquatic resource that did not previously exist at an upland site. Establishment results in a gain in aquatic resource area. High Tide Line: The line of intersection of the land with the water's surface at the maximum height reached by a rising tide. The high tide line may be determined, in the absence of actual data,by a line of oil or scum along shore objects, a more or less continuous deposit of fine shell or debris on the foreshore or berm, other physical markings or characteristics, vegetation lines,tidal gages, or other suitable means that delineate the general height reached by a rising tide. The line encompasses spring high tides and other high tides that occur with periodic frequency but does not include storm surges in which there is a departure from the normal or predicted reach of the tide due to the piling up of water against a coast by strong winds such as those accompanying a hurricane or other intense storm. Historic Property: Any prehistoric or historic district, site(including archaeological site),building, structure, or other object included in, or eligible for inclusion in,the National 17 Register of Historic Places maintained by the Secretary of the Interior. This term includes artifacts,records, and remains that are related to and located within such properties. The term includes properties of traditional religious and cultural importance to an Indian tribe or Native Hawaiian organization and that meet the National Register criteria(36 CFR part 60). independent utility: A test to determine what constitutes a single and complete non- linear project in the Corps Regulatory Program. A project is considered to have independent utility if it would be constructed absent the construction of other projects in the project area. Portions of a multi-phase project that depend upon other phases of the project do not have independent utility. Phases of a project that would be constructed even if the other phases were not built can be considered as separate single and complete projects with independent utility. Indirect effects: Effects that are caused by the activity and are later in time or farther removed in distance,but are still reasonably foreseeable. Intermittent stream: An intermittent stream has flowing water during certain times of the year,when groundwater provides water for stream flow. During dry periods, intermittent streams may not have flowing water. Runoff from rainfall is a supplemental source of water for stream flow. Loss of waters of the United States: Waters of the United States that are permanently adversely affected by filling,flooding,excavation,or drainage because of the regulated activity. Permanent adverse effects include permanent discharges of dredged or fill material that change an aquatic area to dry land, increase the bottom elevation of a waterbody,or change the use of a waterbody. The acreage of loss of waters of the United States is a threshold measurement of the impact to jurisdictional waters for determining whether a project may qualify for an NWP; it is not a net threshold that is calculated after considering compensatory mitigation that may be used to offset losses of aquatic functions and services. The loss of stream bed includes the acres or linear feet of stream bed that are filled or excavated as a result of the regulated activity. Waters of the United States temporarily filled,flooded, excavated, or drained, but restored to pre- construction contours and elevations after construction, are not included in the measurement of loss of waters of the United States. Impacts resulting from activities that do not require Department of the Army authorization, such as activities eligible for exemptions under section 404(f)of the Clean Water Act, are not considered when calculating the loss of waters of the United States. Navigable waters: Waters subject to section 10 of the Rivers and Harbors Act of 1899. These waters are defined at 33 CFR part 329. Non-tidal wetland: A non-tidal wetland is a wetland that is not subject to the ebb and flow of tidal waters.Non-tidal wetlands contiguous to tidal waters are located landward of the high tide line(i.e., spring high tide line). Open water: For purposes of the NWPs, an open water is any area that in a year with normal patterns of precipitation has water flowing or standing above ground to the extent that an ordinary high water mark can be determined. Aquatic vegetation within the area of flowing or standing water is either non-emergent, sparse, or absent. Vegetated shallows are considered to be open waters. Examples of"open waters"include rivers, streams, lakes, and ponds. Ordinary High Water Mark: An ordinary high water mark is a line on the shore established by the fluctuations of water and indicated by physical characteristics, or by other appropriate means that consider the characteristics of the surrounding areas. Perennial stream: A perennial stream has flowing water year-round during a typical year. The water table is located above the stream bed for most of the year. Groundwater is the 18 primary source of water for stream flow. Runoff from rainfall is a supplemental source of water for stream flow. Practicable: Available and capable of being done after taking into consideration cost, existing technology, and logistics in light of overall project purposes. Pre-construction notification: A request submitted by the project proponent to the Corps for confirmation that a particular activity is authorized by nationwide permit. The request may be a permit application, letter, or similar document that includes information about the proposed work and its anticipated environmental effects. Pre-construction notification may be required by the terms and conditions of a nationwide permit, or by regional conditions. A pre- construction notification may be voluntarily submitted in cases where pre-construction notification is not required and the project proponent wants confirmation that the activity is authorized by nationwide permit. Preservation: The removal of a threat to, or preventing the decline of, aquatic resources by an action in or near those aquatic resources. This term includes activities commonly associated with the protection and maintenance of aquatic resources through the implementation of appropriate legal and physical mechanisms. Preservation does not result in a gain of aquatic resource area or functions. Protected tribal resources: Those natural resources and properties of traditional or customary religious or cultural importance, either on or off Indian lands,retained by, or reserved by or for, Indian tribes through treaties, statutes,judicial decisions,or executive orders, including tribal trust resources. Re-establishment: The manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning natural/historic functions to a former aquatic resource.Re-establishment results in rebuilding a former aquatic resource and results in a gain in aquatic resource area and functions. Rehabilitation: The manipulation of the physical, chemical,or biological characteristics of a site with the goal of repairing natural/historic functions to a degraded aquatic resource. Rehabilitation results in a gain in aquatic resource function,but does not result in a gain in aquatic resource area. Restoration: The manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning natural/historic functions to a former or degraded aquatic resource. For the purpose of tracking net gains in aquatic resource area,restoration is divided into two categories: re-establishment and rehabilitation. Riffle and pool complex: Riffle and pool complexes are special aquatic sites under the 404(b)(1) Guidelines. Riffle and pool complexes sometimes characterize steep gradient sections of streams. Such stream sections are recognizable by their hydraulic characteristics. The rapid movement of water over a course substrate in riffles results in a rough flow, a turbulent surface, and high dissolved oxygen levels in the water.Pools are deeper areas associated with riffles. A slower stream velocity. a streaming flow_a smooth surface_ and a finer substrate characterize pools. Riparian areas: Riparian areas are lands next to streams, lakes,and estuarine- marine shorelines. Riparian areas are transitional between terrestrial and aquatic ecosystems,through which surface and subsurface hydrology connects riverine, lacustrine, estuarine, and marine waters with their adjacent wetlands,non-wetland waters, or uplands. Riparian areas provide a variety of ecological functions and services and help improve or maintain local water quality. (See general condition 23.) 19 Shellfish seeding: The placement of shellfish seed and/or suitable substrate to increase shellfish production. Shellfish seed consists of immature individual shellfish or individual shellfish attached to shells or shell fragments(i.e., spat on shell). Suitable substrate may consist of shellfish shells, shell fragments, or other appropriate materials placed into waters for shellfish habitat. Single and complete linear project: A linear project is a project constructed for the purpose of getting people, goods, or services from a point of origin to a terminal point,which often involves multiple crossings of one or more waterbodies at separate and distant locations. The term"single and complete project"is defined as that portion of the total linear project proposed or accomplished by one owner/developer or partnership or other association of owners/developers that includes all crossings of a single water of the United States (i.e., a single waterbody) at a specific location. For linear projects crossing a single or multiple waterbodies several times at separate and distant locations, each crossing is considered a single and complete project for purposes of NWP authorization. However,individual channels in a braided stream or river, or individual arms of a large, irregularly shaped wetland or lake, etc., are not separate waterbodies, and crossings of such features cannot be considered separately. Single and complete non-linear project: For non-linear projects,the term"single and complete project"is defined at 33 CFR 330.2(i)as the total project proposed or accomplished by one owner/developer or partnership or other association of owners/developers. A single and complete non-linear project must have independent utility(see definition of"independent utility"). Single and complete non-linear projects may not be"piecemealed"to avoid the limits in an NWP authorization. Stormwater management: Stormwater management is the mechanism for controlling stormwater runoff for the purposes of reducing downstream erosion,water quality degradation, and flooding and mitigating the adverse effects of changes in land use on the aquatic environment. Stormwater management facilities: Stormwater management facilities are those facilities, including but not limited to, stormwater retention and detention ponds and best management practices,which retain water for a period of time to control runoff and/or improve the quality(i.e., by reducing the concentration of nutrients, sediments,hazardous substances and other pollutants)of stormwater runoff. Stream bed: The substrate of the stream channel between the ordinary high water marks. The substrate may be bedrock or inorganic particles that range in size from clay to boulders. Wetlands contiguous to the stream bed, but outside of the ordinary high water marks, are not considered part of the stream bed. Stream channelization: The manipulation of a stream's course, condition, capacity, or location that causes more than minimal interruption of normal stream processes. A channelized stream remains a water of the United States. Structure: An object that is arranged in a definite pattern of organization. Examples of structures include,without limitation, any pier,boat dock, boat ramp,wharf, dolphin,weir, boom,breakwater,bulkhead,revetment,riprap,jetty, artificial island, artificial reef, permanent mooring structure,power transmission line,permanently moored floating vessel, piling, aid to navigation, or any other manmade obstacle or obstruction. Tidal wetland: A tidal wetland is a jurisdictional wetland that is inundated by tidal waters. Tidal waters rise and fall in a predictable and measurable rhythm or cycle due to the gravitational pulls of the moon and sun. Tidal waters end where the rise and fall of the water 20 surface can no longer be practically measured in a predictable rhythm due to masking by other waters, wind,or other effects. Tidal wetlands are located channelward of the high tide line. Tribal lands: Any lands title to which is either: 1)held in trust by the United States for the benefit of any Indian tribe or individual; or 2)held by any Indian tribe or individual subject to restrictions by the United States against alienation. Tribal rights: Those rights legally accruing to a tribe or tribes by virtue of inherent sovereign authority,unextinguished aboriginal title,treaty, statute,judicial decisions, executive order or agreement, and that give rise to legally enforceable remedies. Vegetated shallows: Vegetated shallows are special aquatic sites under the 404(b)(1) Guidelines. They are areas that are permanently inundated and under normal circumstances have rooted aquatic vegetation, such as seagrasses in marine and estuarine systems and a variety of vascular rooted plants in freshwater systems. Waterbody: For purposes of the NWPs, a waterbody is a jurisdictional water of the United States. If a wetland is adjacent to a waterbody determined to be a water of the United States,that waterbody and any adjacent wetlands are considered together as a single aquatic unit(see 33 CFR 328.4(c)(2)). Examples of"waterbodies"include streams, rivers, lakes,ponds, and wetlands. 21 FINAL REGIONAL CONDITIONS 2017 NOTICE ABOUT WEB LINKS IN THIS DOCUMENT: The web links (both internal to our Wilmington District and any external links to collaborating agencies) in this document are valid at the time of publication. However, the Wilmington District Regulatory Program web page addresses, as with other agency web sites, may change over the timeframe of the five-year Nationwide Permit renewal cycle, in response to policy mandates or technology advances. While we will make every effort to check on the integrity of our web links and provide re-direct pages whenever possible, we ask that you report any broken links to us so we can keep the page information current and usable. We apologize in advanced for any broken links that you may encounter, and we ask that you navigate from the Regulatory home page (Regulatory Permit Program Wetlands and Streams) of the Wilmington District Corps of Engineers, to the "Permits"section of our web site to find links for pages that cannot be found by clicking directly on the listed web link in this document. Final 2017 Regional Conditions for Nationwide Permits (NWP)in the Wilmington District 1.0 Excluded Waters The Corps has identified waters that will be excluded from the use of all NWP's during certain timeframes. These waters are: 1.1 Anadromous Fish Spawning Areas Waters of the United States identified by either the North Carolina Division of Marine Fisheries (NCDMF)or the North Carolina Wildlife Resources Commission(NCWRC) as anadromous fish spawning areas are excluded during the period between February 15 and June 30,without prior written approval from the Corps and either NCDMF or NCWRC. 1.2 Trout Waters Moratorium Waters of the United States in the designated trout watersheds of North Carolina are excluded during the period between October 15 and April 15 without prior written approval from the NCWRC,or from the Eastern Band of Cherokee Indians(EBCI) Fisheries and Wildlife Management(FWM) office if the project is located on EBCI trust land. (See Section 2.7 for information on the designated trout watersheds). 1.3 Sturgeon Spawning Areas as Designated by the National Marine Fisheries Service (NMFS) Waters of the United States designated as sturgeon spawning areas are excluded during the period between February 1 and June 30,without prior written approval from the NMFS. 22 2.0 Waters Requiring Additional Notification The Corps has identified waters that will be subject to additional notification requirements for activities authorized by all NWPs. These waters are; 2.1 Western NC Counties that Drain to Designated Critical Habitat For proposed activities within waters of the United States that require a Pre-Construction Notification(PCN) and are located in the sixteen counties listed below,permittees must provide a copy of the PCN to the U.S. Fish and Wildlife Service(USFWS), 160 Zillicoa Street, Asheville,North Carolina 28801. This PCN must be sent concurrently to the U.S. Fish and Wildlife Service and the Corps Asheville Regulatory Field Office. Please see General Condition 18 for specific notification requirements related to the Endangered Species Act and the below website for information on the location of designated critical habitat. Counties with tributaries that drain to designated critical habitat that require notification to the Asheville U.S. Fish and Wildlife Service: Avery, Cherokee, Forsyth, Graham, Haywood, Henderson,Jackson, Macon,Mecklenburg,Mitchell, Stokes, Surry, Swain, Transylvania,Union and Yancey. Website and office addresses for Endangered Species Act Information: The Wilmington District has developed the following website for permittees which provides guidelines on how to review linked websites and maps in order to fulfill NWP General Condition 18 requirements: http://www.saw.usace.army.mil/Missions/RegulatoryPermitProgram/AgencyCoordination/ESA.a spx Permittees who do not have internet access may contact the appropriate U.S. Fish and Wildlife Service offices listed below or Corps at(910)251-4633: Asheville U.S. Fish and Wildlife Service Office counties: All counties west of and including Anson, Stanly,Davidson,Forsythe and Stokes Counties. U.S. Fish and Wildlife Service Asheville Field Office 160 Zillicoa Street Asheville,NC 28801 Telephone: (828)258-3939 Raleigh U.S. Fish and Wildlife Service Office counties: all counties east of and including Richmond,Montgomery, Randolph, Guilford, and Rockingham Counties. U.S. Fish and Wildlife Service Raleigh Field Office Post Office Box 33726 23 Raleigh,NC 27636-3726 Telephone: (919) 856-4520 2.2 Special Designation Waters Prior to the use of any NWP, except NWP 3,that involves a discharge of dredged or fill material in any of the following identified waters and/or adjacent wetlands in North Carolina,permittees shall submit a PCN to the District Engineer prior to commencing the activity(see General Condition 32). The North Carolina waters and wetlands that require additional notification requirements are: "Outstanding Resource Waters"(ORW) or"High Quality Waters"(HQW) as designated by the North Carolina Environmental Management Commission; "Primary Nursery Areas" (PNA), including inland PNA, as designated by the North Carolina Marine Fisheries Commission and the NCWRC; or wetlands adjacent to these waters. Defmitions of ORW, HQW and PNA waters can be found in the North Carolina State Administrative Code, Title 15A, Subchapters 2B and 10C (15A NCAC 02B, 15A NCAC 10C)and at the following World Wide Web page: http://reports.oah.state.nc.us/ncac.asp?folderName=\Title%2015A%20- %20Environmental%20Quality&lookUpError=15A%20NCAC%20000%20. Surface water classifications for waters in North Carolina can be viewed at the North Carolina Division of Water Resources website or at the following World Wide Web Page: https://deq.nc.gov/about/divisions/water-resources/planning/classification- standards/classifications Permittees who do not have internet access may contact the Corps at(910)251-4633. 2.3 Coastal Area Management Act(CAMA)Areas of Environmental Concern Non-federal permittees for any NWP in a designated"Area of Environmental Concern"(AEC) in the twenty(20)counties of Eastern North Carolina covered by the North Carolina Coastal Area Management Act(CAMA)must also obtain the required CAMA permit. Development activities for non-federal projects may not commence until a copy of the approved CAMA permit is furnished to the appropriate Wilmington District Regulatory Field Office (Wilmington Field Office—69 Darlington Avenue, Wilmington,NC 28403, (910)251-4802 or Washington Field Office—2407 West 5th Street, Washington,NC 27889, (910)251-4610). 2.4 Barrier Islands Prior to the use of any NWP on a barrier island of North Carolina,permittees must submit a PCN to the District Engineer prior to commencing the activity(see General Condition 32). 2.5 Mountain or Piedmont Bogs Prior to the use of any NWP in a Bog,as classified by the North Carolina Wetland Assessment Methodology(NCWAM), permittees shall submit a PCN to the District Engineer prior to commencing the activity(see General Condition 32). The latest version of NCWAM can be 24 viewed on the Corps RIBITS (Regulatory In-lieu Fee and Bank Information Tracking System) website or at the following World Wide Web Page: https://ribits.usace.army.mil/ribits_apex/f?p=107:27:0::NO::: 2.6 Animal Waste Facilities Prior to use of any NWP for construction of animal waste facilities in waters of the United States, including wetlands,permittees shall submit a PCN to the District Engineer prior to commencing the activity (see General Condition 32). 2.7 Trout Waters Prior to any discharge of dredge or fill material into streams, waterbodies or wetlands within the 294 designated trout watersheds of North Carolina, the permittee shall submit a PCN(see General Condition 32)to the District Engineer prior to commencing the activity,unless other thresholds are established in the Regional Conditions in Section 4 (Additional Regional Conditions for Specific Nationwide Permits). The permittee shall also provide a copy of the notification to the appropriate NCWRC office, or to the EBCI FWM Office (if the project is located on EBCI trust land),to facilitate the determination of any potential impacts to designated Trout Waters. Notification to the Corps will include a statement with the name of the NCWRC or EBCI FWM biologist contacted,the date of the notification,the location of work, a delineation of wetlands and waters, a discussion of alternatives to working in the mountain trout waters,why alternatives were not selected, and, if applicable, a plan to provide compensatory mitigation for all unavoidable adverse impacts to mountain trout waters. NCWRC and NC Trout Watersheds: NCWRC Contact** Counties that are Counties that are entirely within Trout partially within Trout Watersheds* Watersheds* Mountain Coordinator Alleghany Jackson Burke McDowell Balsam Depot Ashe Macon Buncombe Mitchell 20830 Great Smoky Avery Swain Caldwell Polk Mountain Expressway Graham Transylvania Cherokee Rutherford Waynesville,NC 28786 Haywood Watauga Clay Surry Telephone: (828) 558-6011 Henderson Wilkes Madison Yancey For NCDOT Projects: NCDOT Coordinator 206 Charter. Street Albemarle,NC 28001 Telephone: (704)982-9181 25 *NOTE: To determine notification requirements, contact the Corps Asheville Regulatory Field Office at(828)271-7980 or view maps for each County at the following World Wide Web page: http://www.saw.usace.army.mil/Missions/Regulatory-Permit-Prograni/Agency- Coordination/Trout/. **If a project is located on EBCI trust land, submit the PCN in accordance with Section 3.14. Contact the Corps Asheville Regulatory Field Office at(828) 271-7980 with questions. 2.8 Western NC Waters and Corridors The permittee shall submit a PCN(see General Condition 32)to the District Engineer prior to commencing the activity in waters of the United States if the activity will occur within any of the following identified waters in western North Carolina,within 0.5 mile on either side of these waters, or within 0.75 mile of the Little Tennessee River, as measured from the top of the bank of the respective water(i.e., river, stream, or creek): Brasstown Creek Burningtown Creek Cane River Caney Fork Cartoogechaye Creek Chattooga River Cheoah River Cowee Creek Cullasaja River Deep Creek Ellijay Creek French Broad River Garden Creek Hiwassee River Hominy Creek Iotla Creek Little Tennessee River(within the river or within 0.75 mile on either side of this river) Nantahala River Nolichucky River North Fork French Broad River North Toe River Nottley River Oconaluflee River(portion not located on trust/EBCI land) Peachtree Creek Shooting Creek Snowbird Creek South Toe River Stecoah Creek Swannanoa River Sweetwater Creek 26 Tuckasegee River(also spelled Tuckaseegee or Tuckaseigee) Valley River Watauga Creek Watauga River Wayah Creek West Fork French Broad River To determine notification requirements, contact the Corps Asheville Regulatory Field Office at (828) 271-7980 or view maps for all corridors at the following World Wide Web page: http://www.saw.usace.army.mil/Missions/Regulatory-Permit-Program/Agency- Coordination/Designated-Special-Waters.aspx 3.0 List of Corps Regional Conditions for All Nationwide Permits The following conditions apply to all Nationwide Permits in the Wilmington District: 3.1 Limitation of Loss of Stream Bed NWPs may not be used for activities that may result in the loss or degradation of more than 300 total linear feet of stream bed,unless the District Engineer has waived the 300 linear foot limit for ephemeral and intermittent streams on a case-by-case basis and has determined that the proposed activity will result in minimal individual and cumulative adverse impacts to the aquatic environment. Waivers for the loss of ephemeral and intermittent streams must be in writing and documented by appropriate/accepted stream quality assessments*. This waiver only applies to the 300 linear feet threshold for NWPs. This Regional Condition does not apply to NWP 23 (Approved Categorical Exclusions). *NOTE: Permittees should utilize the most current methodology prescribed by Wilmington District to assess stream function and quality. Information can be found at: https://ribits.usace.army.mil/ribits apex/f?p=107:27:0::NO::: 3.2 Mitigation for Loss of Stream Bed For any NWP that results in a loss of more than 150 linear feet of stream,the permittee shall provide a mitigation proposal to compensate for more than minimal individual and cumulative adverse impacts to the aquatic environment. For stream losses of 150 linear feet or less that require a PCN, the District Engineer may determine, on a case-by-case basis,that compensatory mitigation is required to ensure that the activity results in minimal adverse effect on the aquatic environment. 3.3 Pre-construction Notification for Loss of Streanibed Exceeding 150 Feet Prior to use of any NWP for any activity which impacts more than 150 total linear feet of perennial stream, intermittent or ephemeral stream,the permittee shall submit a PCN to the District Engineer prior to commencing the activity(see General Condition 32). This applies to 27 NWPs that do not have specific notification requirements. If a NWP has specific notification requirements,the requirements of the NWP should be followed. 3.4 Restriction on Use of Live Concrete For all NWPs which allow the use of concrete as a building material, live or fresh concrete, including bags of uncured concrete,may not come into contact with the water in or entering into waters of the United States. Water inside coffer dams or casings that has been in contact with wet concrete shall only be returned to waters of the United States after the concrete is set and cured and when it no longer poses a threat to aquatic organisms. 3.5 Requirements for Using Riprap for Bank Stabilization For all NWPs that allow for the use of riprap material for bank stabilization,the following measures shall be applied: 3.5.1. Where bank stabilization is conducted as part of an activity,natural design, bioengineering and/or geoengineering methods that incorporate natural durable materials, native seed mixes, and native plants and shrubs are to be utilized to the maximum extent practicable. 3.5.2.Filter cloth must be placed underneath the riprap as an additional requirement of its use in North Carolina waters. The placement of filter fabric is not required if the riprap will be pushed or "keyed"into the bank of the waterbody. A waiver from the specifications in this Regional Condition may be requested in writing. The waiver will only be issued if it can be demonstrated that the impacts of complying with this Regional Condition would result in greater adverse impacts to the aquatic environment. 3.5.3. The placement of riprap shall be limited to the areas depicted on submitted work plan drawings. 3.5.4. The riprap material shall be clean and free from loose dirt or any pollutant except in trace quantities that would not have an adverse environmental effect. 3.5.5. It shall be of a size sufficient to prevent its movement from the authorized alignment by natural forces under normal conditions. 3.5.6. The riprap material shall consist of clean rock or masonry material such as,but not limited to, granite,marl, or broken concrete. 3.6 Requirements for Culvert Placement 3.6.1 For all NWPs that involve the construction/installation of culverts,measures will be included in the construction/installation that will promote the safe passage of fish and other aquatic organisms. The dimension,pattern, and profile of the stream above and below a pipe or culvert should not be modified by altering the width or depth of the stream profile in connection with the construction activity. The width,height, and gradient of a proposed culvert should be 28 sufficient to pass the average historical low flow and spring flow without adversely altering flow velocity. Spring flow is the seasonal sustained high flow that typically occurs in the spring. Spring flows should be determined from gage data, if available. In the absence of such data, bank-full flow can be used as a comparable indicator. In Public Trust Areas of Environmental Concern(AEC)and/or the Estuarine Waters AEC as designated by the Coastal Area Management Act(CAMA): All pipes/culverts must be sufficiently sized to allow for the burial of the bottom of the culvert at least one foot below normal bed elevation. Circular Culvert I Rise F' Streambed (Diameter) i.i .. Material 57 ,_.� + 11171111A4-a 001110-' 12 inches ` ` * . T 1` ,... Invert In all other areas: Culverts greater than 48 inches in diameter will be buried at least one foot below the bed of the stream. Culverts 48 inches in diameter or less shall be buried to maintain aquatic passage and to maintain passage during drought or low flow conditions, and every effort shall be made to maintain the existing channel slope. Culverts must be designed and constructed in a manner that minimizes destabilization and head cutting. Destabilizing the channel and head cutting upstream should be considered and appropriate actions incorporated in the design and placement of the culvert. A waiver from the depth specifications in this condition may be requested, in writing, by the permittee and issued by the Corp;this request must be specific as to the reasons(s)for the request. The waiver will be issued if it can be demonstrated that the proposed design would result in less impacts to the aquatic environment. All counties: Culverts placed within riparian and/or riverine wetlands must be installed in a manner that does not restrict the flow and circulation patterns of waters of the United States. 29 Culverts placed across wetland fills purely for the purposes of equalizing surface water do not have to be buried, but the culverts must be of adequate size and/or number to ensure unrestricted transmission of water. 3.6.2 Bank-full flows (or less) shall be accommodated through maintenance of the existing bank- full channel cross sectional area. Additional culverts or culvert barrels at such crossings shall be allowed only to receive bank-full flows. Approach FiD. Roadway Culvert buried Bankfull below streambed to appropriate depth(ifrequired). Baffle/ stream Blockage Bottom 3.6.3 Where adjacent floodplain is available, flows exceeding bank-full should be accommodated by installing culverts at the floodplain elevation. Additional culverts or culvert barrels at such crossings should not be buried, or if buried,must have sills at the inlets to ensure that they only receive flows exceeding bank-full. 3.6.4 Excavation of existing stream channels shall be limited to the minimum necessary to construct or install the proposed culvert. The fmal width of the impacted stream at the culvert inlet and outlet should be no greater than the original stream width. A waiver from this condition may be requested in writing;this request must be specific as to the reason(s) for the request. The waiver will be issued if the proposed design would result in less impacts to the aquatic environment and/or if it can be demonstrated that it is not practicable to restore the final width of the impacted stream at the culvert inlet and outlet to the width of the original stream channel. 3.6.5 The width of the culvert shall be comparable to the width of the stream channel. If the width of the culvert is wider than the stream channel,the culvert shall include baffles,benches and/or sills to maintain the width of the stream channel. A waiver from this condition may be requested in writing;this request must be specific as to the reason(s) for the request. The waiver will be issued if it can be demonstrated that it is not practicable or necessary to include baffles, benches or sills and the design would result in less impacts to the aquatic environment. 3.7 Notification to NCDEQ Shellfish Sanitation Section Permittees shall notify the NCDEQ Shellfish Sanitation Section prior to dredging in or removing sediment from an area closed to shell fishing where the effluent may be released to an area open for shell fishing or swimming in order to avoid contamination from the disposal area and cause a temporary shellfish closure to be made. Such notification shall also be provided to the appropriate Corps Regulatory Field Office. Any disposal of sand to the ocean beach should occur between November 1 and April 30 when recreational usage is low. Only clean sand 30 should be used and no dredged sand from closed shell fishing areas may be used. If beach disposal were to occur at times other than stated above or if sand from a closed shell fishing area is to be used,a swimming advisory shall be posted, and a press release shall be issued by the permittee. 3.8 Submerged Aquatic Vegetation Impacts to Submerged Aquatic Vegetation(SAV) are not authorized by any NWP, except NWP 48,unless EFH Consultation has been completed pursuant to the Magnuson-Stevens Fisheries Conservation and Management Act(Magnuson-Stevens Act). Permittees shall submit a PCN (See NWP General Condition 32)to the District Engineer prior to commencing the activity if the project would affect SAV. The permittee may not begin work until notified by the Corps that the requirements of the Magnuson-Stevens Act have been satisfied and that the activity is authorized. 3.9 Sedimentation and Erosion Control Structures and Measures All PCNs will identify and describe sedimentation and erosion control structures and measures proposed for placement in waters of the United States. The structures and measures should be depicted on maps, surveys or drawings showing location and impacts to jurisdictional wetlands and streams. 3.10 Restoration of Temporary impacts to Stream Beds Upon completion of work that involves temporary stream impacts, streambeds are to be restored to pre-project elevations and widths using natural streambed material such that the impacted stream reach mimics the adjacent upstream and downstream reach. The impacted area shall be backfilled with natural streambed material to a depth of at least 12 inches or to the bottom depth of the impacted area if shallower than 12 inches. An engineered in-stream structure or material can be used to provide protection of a buried structure if it provides benefits to the aquatic environment and can be accomplished by a natural streambed design. A permittee may request a waiver of this condition if it is determined a buried structure needs significant physical protection beyond those provided in this condition. This condition does not apply to NWP 27—Aquatic Habitat Restoration,Enhancement, and Establishment Activities. 3.11 Restoration of Temporary Impacts to Stream Banks Upon completion of work involving temporary stream bank impacts, stream banks are to be restored to pre-project grade and contours or beneficial grade and contours if the original bank slope is steep and unstable. Natural durable materials,native seed mixes, and native plants and shrubs are to be utilized in the restoration.Natural designs which use bioengineered and/or geo- engineered methods are to be applied.An engineered structure or material can be used to provide protection of a buried structure if it provides benefits to the stream bank environment,provided it is not in excess of the minimum amount needed for protection and does not exceed an average of one cubic yard per running foot placed along the bank below the plane of the ordinary high water mark. A permittee may request a waiver of this condition if it is determined a buried structure 31 needs significant physical protection beyond those provided in this condition. This condition does not apply to NWP 27—Aquatic Habitat Restoration, Enhancement, and Establishment Activities. 3.12 Federal Navigation Channel Setbacks and Corps Easements 3.12.1 Authorized structures and fills located in or adjacent to Federally authorized waterways will be constructed in accordance with the latest setback criteria established by the Wilmington District Engineer. You may review the setback policy at http://www.saw.usace.army.mil/Missions/Navigation/Setbacks.aspx. This general permit does not authorize the construction of hardened or permanently fixed structures within the Federally Authorized Channel Setback,unless the activity is approved by the Corps. The permittee shall submit a PCN(see General Condition 32)to the District Engineer prior to the construction of any structures or fills within the Federally Authorized Channel Setback. 3.12.2 The permittee shall obtain a Consent to Cross Government Easement from the Wilmington District's Land Use Coordinator prior to any crossing of the Corps easement and/or prior to commencing construction of any structures, authorized dredging or other work within the right-of-way of,or in proximity to, a federally designated disposal area. The Land Use Coordinator may be contacted at: CESAW-OP-N, 69 Darlington Avenue, Wilmington,North Carolina 28403-1343, email: SAWWeb-NAV@usace.army.mil 3.13 Northern Long-eared Bat—Endangered Species Act Compliance The Wilmington District,U.S. Army Corps of Engineers has consulted with the United States Fish and Wildlife Service(USFWS) in regards to the threatened Northern long-eared bat (NLEB) (Myotis septentrionalis)and Standard Local Operating Procedures for Endangered Species (SLOPES)have been approved by the Corps and the USFWS. This condition concerns effects to the NLEB only and does not address effects to other federally listed species and/or federally designated critical habitat. A. Procedures when the Corps is the lead federal* agency for a project: The permittee must comply with(1) and(2)below when: •the project is located in the western 41 counties of North Carolina,to include non- federal aid North Carolina Department of Transportation(NCDOT)projects, OR; •the project is located in the 59 eastern counties of North Carolina, and is a non- NCDOT project. *Generally,if a project is located on private property or on non-federal land, and the project is not being funded by a federal entity, the Corps will be the lead federal agency due to the requirement to obtain Department of the Army authorization to impact waters of the United States. If the project is located on federal land, contact the Corps to determine the lead federal agency. 32 (1)A permittee using a NWP must check to see if their project is located in the range of the NLEB by using the following website: http://www.fws.gov/midwest/endangered/mammals/nleb/pdf/WNSZone.pdf. If the project is within the range of the NLEB, or if the project includes percussive activities (e.g.,blasting,pile driving, etc.),the permittee is then required to check the appropriate website in the paragraph below to discover if their project: • is located in a 12-digit Hydrologic Unit Code area("red HUC" - shown as red areas on the map),AND/OR; • involves percussive activities within 0.25 mile of a red HUC. Red HUC maps-for the western 41 counties in NC (covered by the Asheville Ecological Services Field Office), check the project location against the electronic maps found at: http://www.fws.gov/asheville/htmls/project review/NLEB in WNC.html. For the eastern 59 counties in NC (covered by the Raleigh Ecological Services Field Office), check the project location against the electronic maps found at: https://www.fws.gov/raleigh/NLEB RFO.html. (2)A permittee must submit a PCN to the District Engineer, and receive written authorization from the District Engineer,prior to commencing the activity, if the activity will involve any of the following: •tree clearing/removal, construction/installation of wind turbines in a red HUC, AND/OR; • bridge removal or maintenance,unless the bridge has been inspected and there is no evidence of bat use, (applies anywhere in the range of the NLEB), AND/OR: • percussive activities in a red HUC, or within 0.25 mile of a red HUC. The permittee may proceed with the activity without submitting a PCN to either the Corps or the USFWS,provided the activity complies with all applicable NWP terms and general and regional conditions, if the permittee's review under A.(1)and A.(2)above shows that the project is: • located outside of a red HUC (and there are no percussive activities), and the activity will NOT include bridge removal or maintenance,unless the bridge has been inspected and there is no evidence of bat use, OR; • located outside of a red HUC and there are percussive activities,but the percussive activities will not occur within 0.25-mile of a red HUC boundary, and the activity will NOT include bridge removal or maintenance, unless the bridge has been inspected and there is no evidence of bat use, OR; 33 • located in a red HUC,but the activity will NOT include: tree clearing/removal; construction/installation of wind turbines; bridge removal or maintenance, unless the bridge has been inspected and there is no evidence of bat use, and/or; any percussive activities. B. Procedures when the USACE is not the lead federal agency: For projects where another federal agency is the lead federal agency-if that other federal agency has completed project-specific ESA Section 7(a)(2)consultation for the NLEB, and has (1) determined that the project would not cause prohibited incidental take of the NLEB, and(2) completed coordination/consultation that is required by the USFWS (per the directions on the respective USFWS office's website),that project may proceed without notification to either the USACE or the USFWS, provided all General and Regional Permit Conditions are met. The NLEB SLOPES can be viewed on the USACE website at the following World Wide Web Page: http://www.saw.usace.army.mil/Missions/Regulatory-Permit-Program/Agency- Coordination/ESA/. Permittees who do not have internet access may contact the USACE at(910) 251-4633. 3.14 Work on Eastern Band of Cherokee Indians Land All PCNs submitted for activities in waters of the United States on Eastern Band of Cherokee Indians (EBCI)trust land(i.e., Qualla Boundary and non-contiguous tracts of trust land), must comply with the requirements of the latest MOU between the Wilmington District and the Eastern Band of Cherokee Indians. 4.0 Additional Regional Conditions for Specific Nationwide Permits 4.1 NWP#18—Minor Discharges 4.1.1 This NWP may not be used in conjunction with NWP#14 to create upland. 4.1.2 In designated trout waters(see Regional Condition 2.7), a PCN is not required if 1)the quantity of discharged material is less than or equal to 10 cubic yards below the plane of the ordinary high water mark; 2)temporary impacts to streams or waterbodies associated with dewatering to work in dry conditions are 150 linear feet or less; and 3)the activity will be constructed outside of the trout waters moratorium(October 15 through April 15). 34 NORRIS & TUNSTALL CONSULTING ENGINEERS P.C. 2602 Iron Gate Drive,Suite 102 1429 Ash-Little River Road Wilmington,NC 28412 Ash,NC 28420 (910) 343-9653 (910)287-5900 (910) 343-9604 Faxi ^'^` (910)287-5902 Fax John S.Tunstall,P.E. JUL ) 1U1 i J.Phillip Norris,P.E. 4 T.Jason Clark,P.E. ti Thomas J.Scheetz,E.I. July 13, 20207 . Mr. Ted Triantafillopoulos, Engineer NC DEQ Division of Energy, Mineral and Land Resources — State Stormwater Program 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Re: Winding Marsh State Stormwater Project No. SW8 200406 1029 Middle Sound Loop Road New Hanover County, NC N&T Project No. 19086 Dear Mr. Triantis: Pursuant to your comment letter dated June 26, 2020, we offer the following responses. 1. 15A NCAC 02H.1019(7)(c)(i): Please provide the supporting documentation demonstrating that it is not feasible to meet the MDC for infiltration systems as described in .1051. Response: Enclosed is documentation from Land Management Group that the site is not suitable for Infiltration. 2. 15A NCAC 02H.1040(1)(a), .1042(2)(b)(ii) and (c): Section III.1.a of the application lists Shelly R. Bishop as the President of TBM Partners, LLC (listed as the signing official). However, the provided Operating Agreement and NC Secretary of State shows that TBM Partners, LLC is managed by Robuck Homes, Inc. Please provide documentation from Robuck Homes, Inc. to support the President or Vice President of this corporation and update Section III.1.a of the application to link the signing official to the applicant. Response: tnciosed is the revised rage 2 of the State SW Application as requested and the corresponding NC Secretary of State document for Robuck Homes, Inc., and the First Amendment to Operating Agreement for TBM Partners, LLC. 3. 15A NCAC 02H.1003(4)(a), .1019(6)(b), and .1042(2)(g)(iii): For all subject projects within the Coastal Counties, vegetated setbacks from perennial waterbodies, perennial M,. Ted Triantafillopoulos/NC DEQ Stormwater July 13, 2020 Page 2 streams, and intermittent streams shall be at least 50 feet in width for new development. The 50-foot setback shall be measured from the normal pool elevation of impounded structures, from the top of bank of each side of streams or rivers, and from the mean high waterline of tidal waters, perpendicular to the shoreline. A 75' buffer is identified; however, the required 50-foot setback must be shown as well. Response: vve have added an additional 50-foot NC DEQ setback line. 4. 15A NCAC 02H.1042(3)(b): a. List the volume provided of the wet pond in the additional information section of the supplement. Response: Enclosed is the revised Supplement. b. Complete rows 3-10 on the supplement E-Z cover page. Responsb. _riclosuu IS the revised Supplement. c. Confirm answer in row 1 of the drainage area section of the supplement. Response: Enclosed is the revised Supplement. 5. 15A NCAC 02H.1003(3)(a): In Row 19 of the drainage area section of the supplement, please identify the calculation method used to determine the design volume. The calculations appear to indicate that the SCS method was used. Response: Enclosed is the revised Supplement. 6. 15A NCAC 02H.1053(5)(a): Within the pond, a volume for the combined forebays are provided. When two forebays are proposed, calculations supporting the volumes of each of the forebays must be provided. Additionally, calculations are necessary to confirm that each forebay is 15-20% of the volume of the weighted main pool volume based on the contributing area drainage to each forebay. Please provide additional calculations for each forebay in order to support their respective volumes and contributing drainage areas. Response: Calculations demonstrating that each forebay is between 15-20% of the weighted main pool volume area are enclosed. 7. 15A NCAC 02H.1053(6): a. The pond section B-B on plan sheet C4.3 stat the vegetated shelf to be at an elevation of 5'-6'. However, the Supplement list the shelf between elevations 4'- 5'. Please confirm and correct. NCBELS License C-3641 Mr. Ted Triantafillopoulos/NC DEQ Stormwater July 13, 2020 Page 3 Response: Please see revised supplement. b. The pond section B-B on plan sheet C4.3 says the forebay bottom is at (-)2, however this appears to be the pond bottom. Please confirm. Kesponse: Please see revised Plan Sheet C4.3. 8. 15A NCAC 02H.1053(3) and (5): The supplement reports the clean-out depth for the forebays as 36 inches which appears to relate to 15A NCAC 02H.1053(5)(d) that indicates when maintenance activity is to occur. However, the supplement is intended to document the design condition of the wet pond. In Row 34 of the wet pond supplement, please. report the provided sediment storage, which appears to be 24 inches. Response: This isn't clear at all on the Supplement. Enclosed is the revised Supplement. Per your comment, the sediment storage depth for forebay's is actually 12 inches. 9. 15A NCAC 02H.1053(3): 15A NCAC 02H.1053(3) and .1042(2)(h)(ii): The forebay 2 bottom elevation is set at 0 ft with a 2-ft sediment accumulation depth to 2 ft. The forebay inlet invert appears to be set at an elevation of 1 ft, which would be located within this sediment removal elevation. Please confirm the intended design and ensure that any sediment accumulation will not impede the water from entering the system and the at the system can still be operated and maintained as outlined in the signed operation and maintenance agreement. kdsponse: The neaa and velocity in the upstream storm drain network will keep the invert out from being blocked by sediment build-up. 10. 15A NCAC 02H.1053(11)(b): The vegetated shelf shall be planted with a minimum of three diverse species of herbaceous, native vegetation at a minimum density of 50 plants per 200 square feet of shelf area. Please show a section on the plans with a planting plan or provide a citation of where this can be found in the plan set. Response: Please see the revised plans showing a planting plan for the pond. 11. 15A NCAC 02H.1042(2): Please email the supplement form to the email address provided below so that it can be preserved electronically per the regulatory requirements. Response: We have e-mailed you the requested supplement form for your electronic. files. Note: Please note the plans have been revised slightly and the pond Drainage Area is now slightly smaller. Also, note the Erosion Control Plan for the site is split into two (2) NCBELS License C-3641 M . Ted Triantafillopoulos/NC DEQ Stormwater July 13, 2020 Page 4 phases. Plan sheets C2 and C2A are the Grading, Erosion Control and Stormwater Plans. Plan Sheet C2A is the Stormwater Plan. Enclosed for your continued review and approval is one (1) set of revised plans, one (1) set of revised calculations, the Land Management Group documentation, the NC Secretary of State document for Robuck Homes, Inc., the First Amendment to Operating Agreement for TBM Partners, LLC, the revised Pages 1-3 of the State Stormwater application, the revised Supplement, and the revised Page 7 of 7 of the O&M form. Please feel free to contact us with any additional questions or comments you may have. We also request you copy Amy Norris (anorris( ntengineers.col ) on all e-mail correspondence. Sincerely, NORRIS & TUNSTALL CONSULTING ENGINEERS, P.C. (10 T. Jason lark, P. E. TJC/asn 19086 07-13-20-s-sw-response-Itr Enclosures NCBELS License C-3641 161 �` ►' ' BUSINESS CORPORATION ANNUAL REPORT • • 10-2017 NAME OF BUSINESS CORPORATION: Robuck Homes,Inc. 0126064 Filing Office Use Only SECRETARY OF STATE ID NUMBER: STATE OF FORMATION: NC E-Filed Annual Report 126064 REPORT FOR THE FISCAL YEAR END: 12/31/2019 CmA202002o2o oa9808774:02 SECTION A:REGISTERED AGENT'S INFORMATION ® Changes 1.NAME OF REGISTERED AGENT: Herakovich, Gerri R 2.SIGNATURE OF THE NEW REGISTERED AGENT: SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT 3. REGISTERED AGENT OFFICE STREET ADDRESS&COUNTY 4.REGISTERED AGENT OFFICE MAILING ADDRESS 6131 Falls of Neuse Rd, Ste 201 6131 Falls of Neuse Rd, Ste 201 Raleigh, NC 27609 Wake County Raleigh, NC 27609 SECTION B: PRINCIPAL OFFICE INFORMATION 1.DESCRIPTION OF NATURE OF BUSINESS: Residential Const. 2.PRINCIPAL OFFICE PHONE NUMBER: (919)876-9200 3.PRINCIPAL OFFICE EMAIL: Privacy Redaction 4.PRINCIPAL OFFICE STREET ADDRESS 5.PRINCIPAL OFFICE MAILING ADDRESS 6131 Falls of Neuse Rd,Ste 200 6131 Falls of Neuse Rd,Ste 200 Raleigh,NC 27609 Raleigh, NC 27609 6.Select one of the following if applicable.(Optional see Instructions) ❑ The company is a veteran-owned small business ❑ The company Is a service-disabled veteran-owned small business SECTION C:OFFICERS(Enter additional officers in Section E.) NAME: Shelly R Bishop NAME: Frank L. Robuck , Jr NAME: Gem R Herakovich TITLE: President TITLE: Chairman Of The Board TITLE: Senior Vice President ADDRESS: ADDRESS: ADDRESS: 6131 FALLS OF NEUSE RD 6131 Falls of Neuse Road Suite 200 6131 Falls of Neuse Rd Ste 200 STE 200 Raleigh,NC 27609 Raleigh,NC 27609 RALEIGH,NC 27609 SECTION D:CERTIFICATION OF ANNUAL REPORT, Section D must be completed in its entirety by a person/business anti . Berri R Herakovich 4/7/2020 SIGNATURE DATE Form must be signed by an officer listed under Section C of this form. Gerri R Herakovich Senior Vice President Print or Type Name of Officer Print or Type Tide of J E MAIL TO:Secretary of State, Business Registration Division,Post Office Box 29525,Raleigh,NC 27628-0525 !r!1 1 1, 2020 BY: JiJ L. '1 LYLU SECTION E:ADDITIONAL OFFICERS NAME: Chip Bishop NAME: Jessica Head NAME: TITLE: Vice President TITLE: Secretary TITLE: ADDRESS: ADDRESS: ADDRESS: 6131 Falls of Neuse Rd 6131 Falls of Neuse Rd Raleigh, NC 27609 Raleigh,NC 27609 NAME: NAME: NAME: TITLE: TITLE: TITLE: ADDRESS: ADDRESS: ADDRESS: NAME: NAME: NAME: TITLE: TITLE: TITLE: ADDRESS: ADDRESS: ADDRESS: NAME: NAME: NAME: TITLE: TITLE: TITLE: ADDRESS: ADDRESS: ADDRESS: NAME: NAME: Name: TITLE: TITLE: TITLE: ADDRESS: ADDRESS: ADDRESS: NAME: NAME: NAME: TITLE: TITLE: TITLE. ADDRESS: ADDRESS: ADDRESS: IqNf-(P FIRST AMENDMENT TO OPERATING AGREEMENT OF TBM PARTNERS,LLC THIS FISRST AMENDMENT TO OPERATING AGREEMENT OF TBM PARTNERS, LLC ("Amendment") is made and entered into this 11 day of August, 2018, by and among ROBUCK HOMES, INC., a North Carolina corporation, GERRI HERAKOVICH, an individual resident of North Carolina, SHELLY BISHOP, an individual resident of North Carolina, and CHARLES I.BISHOP,IV,an individual resident of North Carolina(collectively,the"Members"). WITNESSETH THAT: WHEREAS, TBM Partners, LLC is a North Carolina limited liability company formed on November 30,2015 (the"Company");and WHEREAS, the affairs of the Company are governed by the provisions of that certain Operating Agreement of TBM Partners, LLC dated November 30, 2015 (the "Operating Agreement");and WHEREAS, the undersigned Members of the Company desire to amend the Operating Agreement for the purpose of reducing the number of Managers from two(2)to one(1),as set forth herein; NOW, THEREFORE, in consideration of the premises and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto hereby agree as follows: 1. Capitalized Terms. All capitalized terms used herein and not otherwise defined shall have the meanings ascribed to them in the Operating Agreement. 2. Managers. Effective as of the date of this Amendment, Section 3.1(d) of the Operating Agreement is hereby amended to provide that the Company shall have one(1)Manager,which shall be Robuck Homes,Inc.,a North Carolina corporation. 3. Conflicting Terms. Whenever the terms and provisions of this Amendment shall conflict with the terms and provisions of the Operating Agreement,the terms of this Amendment shall control over the conflicting terms of the Operating Agreement. 4. Ratification of Operating Agreement. Except as expressly amended as set forth in this Amendment,the Operating Agreement is hereby ratified and affirmed. [Signature page follows] flECEIVE JUiL 14 2020 BY: IN WITNESS WHEREOF,the Members have executed this Amendment as of the day and year first above written. MEMBERS: Robuck Homes,Inc., a North Carolina,cproration By: ,�l,+wV�� (Jimave o,Treasurer 44.4-4 2/44.'"-Ersj( • Gerri Herakovich F4.2 Shelly Bisho Chafes .Bishop,IV • LMG LAND MANAGEMENT GROUP a D VEYI company July 1, 2020 TO: T. Jason Clark, PE Norris and Tunstall Consulting Engineers P.C. 2602 Iron Gate Drive Ste 102 Wilmington, NC 28412 CC: Adam Nicholas, Joe Cebina and Wesley P. Corder RE: Stormwater seasonal high-water table and estimated infiltration rate study for the proposed stormwater control measure pond associated with the Winding Marsh Development located off of Middle Sound Loop, Wilmington, New Hanover County NC. Jason: On Wednesday, July 1, 2020, Land Management Group(LMG)evaluated the stormwater control measure (SCM) pond area associated with the Winding Marsh Development located off of Middle Sound Loop, Wilmington, New Hanover County, NC. The purpose of the evaluation was to describe the soil profile, quantify the depth to the seasonal high- water table (SHWT)and give estimated infiltration rates for aid in design of the proposed SCM Retention Pond. LMG selected 3 locations to assess soil characteristics within the proposed SCM. Figure 1 (Page 2) shows the Engineer's site plan provided to LMG with the 3 selected testing locations. Each boring was marked in the field by a pink and blue ribbon. A site testing map is shown in the attached Appendix A. Three borings were excavated and described in detail to depth of 60 inches from the existing soil surface. All recorded depths are from the existing surface as noted in the soil profile description in Appendix B. The project site is mainly wooded but was open with thick undergrowth of shrubs and vine species within the proposed SCM Area (see Test Area Map Appendix A, soil profile descriptions in Appendix B.). www.lmgroup.net o info@lmaraup.net• Phone: 910.452.0001 Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 1 flECEIVEn UI 14 2020 Figure 1. impact#3 I v�aumua nuNa�a as I I W au j f / / 11 I (Road Crossing) r/{, ;rossin (Road Crossing) _< r E T— •Wetland Impact#5 / , TTT1 -:::—_—_-_----1-- � is (Lot Fill) Aland Impact#4 ® yetk.Lie ; I •j 1 (Lot Fill) 't w�,in. p ' i a i)) %'/ /I r 'ILL, I TP. T �� ---i '-��`� �., r'g ,;�� I� Wetland Impact#6 , . _ � � �� ` ill, j. (Lot Fill) , ' 'lj %G '// ; / ' j I ,/ ' til �roo ��I, l roe. , I ,. ' 1 ' I 1 — —',� it ,,%M : lit �"�. I / 41 1 lib a I , i is .x ,,tr -> 7jT i - : j / 5, 1- y 42 ) i' * Site map provided by Norris and Tunstall Consulting Engineers, P.C., This is not to Scale and is not a survey. The soils on this site are mapped as the Craven and Rains soil units the Soil Survey of New Hanover County, NC (USDA, 1971). Soil bore hole B1 confirms the soil as the poorly drained Rains soil unit overlain by mixed loamy fill material (see Appendix B). Soil borings B2 and B3 confirms the soil to be a somewhat poorly drained Craven Soil unit. The Rains soil series can best be described as poorly and very poorly drained fine loamy marine sediments that formed on flats and interstream divides in the coastal plain. The Craven soil unit can best be described as somewhat poorly to moderately well drained silty and fine loamy marine sediments that formed on terraces and interstream divides in the coastal plain. Official series description for the Rains and Craven soil series is shown in Appendix C for comparison. 2 The seasonal high-water table (SHWT) is normally evident by observation of redoximorphic features suggesting past conditions of saturation and reduction. The evidence of SHWT vial noted to be approximately 16-inches from the existing soil surface in bore hole B1, 18-inches in bore hole B2 and 17-inches in bore hole B3, See table 1 Below. Table One below shows both the SHWT and the range of estimated infiltration rates above the SHWT for the preselected boring locations. Detailed soil profile descriptions with estimated infiltration rates for each soil horizon are shown in Appendix B. Actual Infiltration rates were not conducted as the materials appeared to be well below the minimum criteria for infiltration. The estimated range of estimated infiltration rates ranged from <0.1 to 0.35 inches an hour across the three selected test locations within the upper 48-64 inches. The rate of water movement though these soils is expected to be very low, the soil surface was compacted, and wetter species plants were spread throughout the study area indicated poor surface infiltration and low internal drainage. Physical water was noted in Bi bui not in B2 or B3. Table 1. Depth of Estimated fill Infiltration Data SHWT (inches) Rate Point (inches) (in/hr) B1 16 11 0.1-0.25 B2 18 -- 0.1-0.25 B3 17 -- 0.25-0.35 In summary,this site is proposed for SCM retention pond placement in the eastern section of the project area. In the detailed data points observed the site has soils with a seasonal high-water table that ranges from 16 to 18 inches at the boring locations from the existing soil surface as shown in Table 1. The estimated infiltration rates appear to be very low in the upper 48 to>60 inches throughout the study area due to high clay content and poor soil structure. The estimated rates appear to be well below the minimum required rates 3 for infiltration SCM design, therefore a stormwater retention pond is the more feasible SCM for this project. Please do not hesitate to contact me if you have any questions with this report. If you have any questions about this report or need any additional information, I may be reached at 910-452-0001, 910-471-0505 or at nhowell(almgroup.net . Sincerely, .",-1;,$)6SOZE 46\ft, Aif , ov,,f4f \CZLtiati..... Nicholas "Nick" P. Howell NC Licensed Soil Scientist#1294 SSA CPSS #328892 SC Soil Classifier#113 4 Appendix A Test Area Map Test Area Map Image Source: Google Earth 2019 with Digital USDA/NRCS Soil Survey Overlay r - -, ,. r •4 a Nti , , t Ra , r `. , 7--------.. g1.1 ( '4 141451s'N- - ' " ;s4''. 7 / \ /Ls o IT .. NII: \ it ElApproximate Parcel Boundary EJStormwater Pond Boundary Boring Location Soil Series as per NRCS Soil Survey Cr—Craven fine sandy loam, 1 to 4% Slopes Ra— Rains fine sandy loam Appendix B Soil Profile Description \ - v°(iv of k)( r\n -S 1) -] v I - ? v ' Teat Hole# 1 Location LelltudelLonpllude:' --- Soil ern I. 11100110111]soil CalumOmn Estimating Sall Pennnbilty Monad Coto/(hoe,valor dronlel Comments end Other Pertinent Soli Faalune Hmaem Redr)1eMpNCRelgunsrMntl$ Tuna 64101. CmhnNlena Depth Melds LTMt'Clsw BIIGI 'IT TYPO Sole Qnhe.1 Color Conoiningloos O.pialion 116DA Gesa Cla.s Mole Nheal PAobg �_. `F►c L 1 l M 1K s SS To 0 ,'^i=1/4 q t'Al V -.b Lt- _ •u.:.149 PV-11l2 k0 41 .4,,, �L SL 55 `'D l 6r re— D( 1 — 0,2—�)�JN�rni {2/ 1?Z `r)V-4/2 i I-Wt S,O 5c-L 55 `517 1 Pc- o•I- 0, 2-C"4 ht. .-..._ (•J!`lJ239- `j0 of /2 r 9►12-5X 7• -S- G.L wh w\? 1 k Fes L o e 11',� oti Most Leslie's Soil Depm(Ind and D..eriptlon Mosl Limiting soil D.ph(a.1 and D.sodpdsn "toUnmlting Coll D.pm unions Dandelion Adoldanal cwnmsm. condains conditions Contlllana _ — Zone or smuMm 12. -'(et C' Clan Eaprnln. Redacave Hmlmn Lo:dis,Raz gckv:3 1 PM Wow I T 1'1 I Ou.1eYld.nrFtil Wads! m�1 I y m Teat Hale q_ ig. Location LeDWdCR.atpllule: soil Pronla RfWna141g nilamWelled Estimating anti Peneenbilty Menet Cohn Imm.wino.Mnam) Horizon Red WnlaphbFnlma9A eomas Axiomsimcmm Comment,and Othsr Poignant Col Forams DaiAR MSWr LTAAOless SIXdd Paalk. Typo Condone nuns R1°heq .2caar conanusWn. Depletions uetMGm clam Mass ard. Nh.pel MONO to _— PS .(, b1/�/� Si- S S 'Po \ &` �t'R- - 0,2-5 %!l-ex _13€Z�0.' t.-o -X tow-Sir /0, - a f.+.s ktv j Svc v'- / i , mar r .,,, s I - f) .. `N IA �/i loin 7�. 7'i"�' `�, J1� L 1� sex ��i!i � 1 � - �- D ''f S ~`• al D r. G ��— �p�2 /3 X� : sc.40 �� N1R f�- p • I M.m1-1.04 On Depth tin.)sod Oncdpiion Mml LIMN sailD Depth la.)mid Description Mom LhnColl gspgi pn)and Denrlption Additional Comments Condition Conditions Conditions Zan.al animation N y 11 Olsen enrolls `�a Rdau:.:iPYHmngon +� tameq Role geMdll2 �`h FM Wats, `>ID 0 11 OrNaMdmpni MM;mnl I . ' Teat Holed Location LallwdelLonglwde: — wdmewrn aeDbewratlen C.11mellnp boll domina0y Cell PronN Mbdeeec'i ,.e Y • ''Ill Cemnnnb and Other Pennant Coll Fainlee nodmn R IWc L uew neM FIatiP• CmaNNnce Dnmh Se Dnda pddeq n,1 t {4wnen) Ceti ceneenlntleni DepletioM U6oAehu ICrs cMao /� J (l Can's C'O.3 /_f"; l 0 �; O3 ': . _l c t 2�—a 3�' 1rz. 5, 111 ` ` ii in �' 10l' & t©�� . te, 'S C.- \,, *= \ bk.< A. • Z—O' I AHL- ;r2 for Oy Mssl Lbnitln9 Celladorn l.Aetlbteao0 DapM(old andD ullpllon Additional Comments Noel.t,;; bell Demh lln/end Due/Won e-;,pMY1. Depth On.)end 0asanption CondllNne ' DdIlNtleni Zoneolbehdelolt \ it Clean bepede WI/OM Hodson I wants Rate nle.MG Pr..Water CeerbamenlFll Melulel Teel Hole 11 Looallon Le@ludeiLC11901/de: eeemplla9 beg aexmdne Gullmetiny Cell Pennnh911y Coll praflle 4Lnod Cok Owe.WNnaleMO MOWN Comments end omen Pertinent 6al�FeMnres nosh r RWeehnmWdcPeeldnalLknW Talon Celteletence nepin Matto LTM CIIu WoW PMmk. T1'pe tirade (MGID aemn (Mottos) Color ConaMtetlone DapllYms UCDACNu Clees Clue NhapU �- �-- µDal Um'ene boo Depth'Inland Deecriptlon Me.lUmlene bog G.pth lhl and De.udptlan Most Llmllbtb Cell 0eplh pn.l end Beecrlptlan Additional Comment. __._- Condition. conditions Condition+ Zeno elbewulon Olsen Elaprofflo Waldo/lee Horizon Loedmd Rale CNde11Q Free Wear omhameWFl9 Mebdel Appendix C Published Description and Chemical and Physical Properties Of the Rains and Craven Soil Series LOCATION RAINS SC+AL FL GA NC VA Established Series DJD-CMO/Rev. JAK 09/2006 RAINS SERIES MLRA(s): 133A-Southem Coastal Plain, 153A-Atlantic Coast Flatwoods, 137-Carolina and Georgia Sand Hills MLRA SOIL SURVEY REGIONAL OFFICE(MO)RESPONSIBLE: Raleigh,North Carolina Depth Class: Very deep Drainage Class(Agricultural):Poorly drained Internal Free Water Occurrence: Very shallow, persistent Flooding Frequency and Duration:None, very rare,rare,occasional, frequent for brief to Ponding Frequency and Duration:None Index Surface Runoff:Negligible Permeability: Moderate(Saturated Hydraulic Conductivity: Moderately high Shrink-Swell Potential:Low Landscape: Lower, middle,upper coastal plain Landform: Flats,depressions,Carolina bays Geomorphic Component: Talfs,dips Parent Material: Marine deposits,fluviomarine deposits Slope: 0 to 2 percent Elevation(type location): Unknown Mean Annual Air Temperature(type location): 62 degrees F. Mean Annual Precipitation(type location): 45 inches TAXONOMIC CLASS: Fine-loamy, siliceous, semiactive,thermic Typic Paleaquults TYPICAL PEDON: Rains loamy sand--forested. (Colors are for moist soil, unless otherwise indicated.) A--0 to 7 inches;very dark gray(10YR 3/1)sandy loam, dark gray(10YR 4/1)dry; weak fine granular structure;very friable; many fine and medium roots; very strongly acid; clear smooth boundary. (4 to 10 inches thick) Eg--7 to 12 inches; light brownish gray(10YR 6/2) sandy loam;weak fine granular structure;very friable;many fine and few medium roots; many fine pores; few fingers of A horizon in upper part;very strongly acid; clear wavy boundary. (0 to 11 inches thick) Btgl--12 to 20 inches; gray(10YR 6/1)sandy loam;weak coarse subangular blocky structure;friable; few fine and medium roots; many fine pores;many clay bridging between sand grains; few medium prominent yellowish brown(10YR 5/6) masses of oxidized iron in lower half;very strongly acid;gradual wavy boundary. Btg2--20 to 40 inches;gray(10YR 6/1)sandy clay loam;weak medium subangular blocky structure; friable;few fine and medium roots;many fine pores; few faint clay films on faces of peds; few coarse pockets of gray sandy loam;common medium prominent yellowish brown(10YR 5/6)masses of oxidized iron; few fine prominent red(2.5YR 4/6)masses of oxidized iron;very strongly acid;gradual wavy boundary. Btg3--40 to 52 inches; gray(10YR 6/1)sandy clay loam;weak medium subangular blocky structure;firm; few fine pores; few faint clay films on faces of peds; few fine and medium prominent red(2.5YR 4/6)and yellowish brown(10YR 5/6) masses of oxidized iron;very strongly acid; gradual wavy boundary. Btg4--52 to 62 inches;gray(10YR 6/1)sandy clay loam;weak medium subangular blocky structure;friable;few faint clay films on faces of peds; few medium prominent brownish yellow(10YR 6/6)masses of oxidized iron;very strongly acid; gradual wavy boundary. (Combined thickness of the Btg horizon is more than 40 inches.) BCg--62 to 79 inches;gray(10YR 6/1)sandy clay loam;weak coarse subangular blocky structure; friable;few fine distinct brownish yellow(10YR 6/6)masses of oxidized iron;very strongly acid; gradual wavy boundary. (0 to 20 inches thick) 2Cg--79 to 85 inches; light gray(10YR 7/1)sand; single grain; loose;very strongly acid. TYPE LOCATION: Florence County, South Carolina; about 2.0 miles southeast of Timmonsville; 1.1 miles south of intersection of State Highway 45 and U.S.Highway 76; 150 feet west of State Highway 45. RANGE IN CHARACTERISTICS: Thickness of the surface and subsurface layers: 4 to 19 inches Depth to top of the argillic horizon: 4 to 19 inches Depth to the base of the argillic horizon: 60 to more than 80 inches Depth to bedrock: Greater than 80 inches Depth to seasonal high water table: 0 to 12 inches,December to April Rock fragment content: 0 to 5 percent throughout Soil reaction: Extremely acid to strongly throughout,unless limed Depth to lithologic discontinuity(abrupt textural change): Greater than 40 inches Other soil features--The upper 20 inches of the argillic horizon has less than 30 percent silt. RANGE OF INDIVIDUAL HORIZONS: A horizon or Ap horizon(where present): Color--hue of 10YR or 2.5Y,value of 2 to 5,chroma of 1 to 2, or is neutral with value of 2 to 5 Texture--sand, loamy coarse sand, loamy sand, loamy fine sand,coarse sandy loam, sandy loam, fine sandy loam,very fine sandy loam, or loam Eg horizon: Color--hue of 10YR to 5Y,value of 4 to 7, chroma of 0 to 2,or is neutral with value of 4 to 7 Texture--sand, loamy coarse sand, loamy sand, loamy fine sand,coarse sandy loam, sandy loam, fine sandy loam,very fine sandy loam,or loam Redoximorphic features(where present)--iron depletions in shades of brown,yellow,olive,or gray and masses of oxidized iron or iron-manganese masses in shades of red.yellow or brown Btg horizon: Color--hue of 10YR to 5Y,value of 4 to 7, chroma of 1 to 2,or is neutral with value of 4 to 7 Texture--typically, sandy clay loam or clay loam and includes sandy loam, fine sandy loam,or loam in the upper part and sandy clay in the lower part. Redoximorphic features--iron depletions in shades of brown,yellow,olive, or gray and masses of oxidized iron or iron- manganese masses in shades of red,yellow, or brown BCg horizon or BCtg horizon(where present): Color--hue of 10YR to 5Y,value of 4 to 7, chroma of 1 to 2, or is neutral with value of 4 to 7 Texture--sandy loam, fine sandy loam, sandy clay loam,or sandy clay Redoximorphic features--iron depletions in shades of brown,yellow,olive, or gray and masses of oxidized iron or iron- manganese masses in shades of red,yellow,or brown Cg horizon(where present): Color--hue of 10YR to 5Y,value of 4 to 7, chroma of 1 or 2, or is neutral with value of 4 to 7 Texture--coarse sandy loam, sandy loam, fine sandy loam, loam, sandy clay loam, or clay loam,and may be stratified with finer or coarser-textured materials Redoximorphic features--iron depletions in shades of brown,yellow, olive, or gray and masses of oxidized iron or iron- manganese masses in shades of red_yellow_ or brown 2Cg horizon: Color--hue of 10YR to 5Y,value of 4 to 7, chroma of 1 or 2,or is neutral with value of 4 to 7 Texture--coarse sand, sand,fine sand, loamy coarse sand,or loamy sand and may be stratified with finer-textured material COMPETING SERIES:None GEOGRAPHIC SETTING: Landscape: Lower,middle,upper coastal plain Landform: Flats, depressions,Carolina bays Geomorphic Component: Talfs,dips Parent Material: Marine deposits,fluviomarine deposits Elevation: 40 to 450 feet Mean Annual Air Temperature: 57 to 70 degrees F. Mean Annual Precipitation: 35 to 55 inches Frost Free Period: 190 to 245 days GEOGRAPHICALLY ASSOCIATED SOILS: phi l gy_soils--do not have an argillic horizon Coxville soils---have more than 35 percent clay in the top 20 inches of the Bt horizon Dunbar soils--have more than 35 percent clay in the top 20 inches of the Bt horizon Goldsboro soils--have dominant chroma of 3 or more between the base of the A or Ap horizons and depths of 30 inches Lynchburg soils--have higher chroma between the base of the A or Ap horizon and a depth of 30 inches Noboco soils--are better drained and have a seasonal high water table at 30 to 40 inches below the soil surface Norfolk soils--are better drained and have a seasonal high water table at more than 40 inches below the soil surface Ocilla soils--have sandy A and E horizons more than 20 inches thick PantegQ soils--have an umbric epipedon Paxville soils--have an umbric epipedon Pelham soils--have sandy A and E horizons more than 20 inches thick Scranton soils--do not have an argillic horizon Stallings soils--have less than 18 percent clay in the top 20 inches of the Bt horizon Woodington soils--have less than 18 percent clay in the top 20 inches of the Bt horizon DRAINAGE AND PERMEABILITY: Depth Class: Very deep Drainage Class(Agricultural): Poorly drained Internal Free Water Occurrence: Very shallow,persistent Flooding Frequency and Duration:None,very rare,rare,occasional, frequent for brief to Ponding Frequency and Duration:None Index Surface Runoff:Negligible Permeability: Moderate(Saturated Hydraulic Conductivity:Moderately high Shrink-Swell Potential: Low USE AND VEGETATION: Major Uses: Forest,cropland Dominant Vegetation: Whcrc cultivated--corn, soybeans,and small grains. Where wooded--pond pine, loblolly pine,and hardwoods. DISTRIBUTION AND EXTENT: Distribution: Alabama, Florida,Georgia,North Carolina, South Carolina, and Virginia Extent: Large MLRA SOIL SURVEY REGIONAL OFFICE(MO)RESPONSIBLE: Raleigh,North Carolina SERIES ESTABLISHED: Berkeley County, South Carolina, 1948 REMARKS: The central concept for the Rains series does not include a flooding hazard.However,the series has been correlated in flood plain positions.Additional research is needed to determine if areas of Rains soils that are subject to flooding have haplic or pale clay distribution. Diagnostic horizons, soil characteristics, and special features recognized in this pedon: Ochric epipedon--the zone from the surface of the soil to 12 inches(A, E horizons) Argillic horizon--the zone from 12 to 62 inches(Btgi, Btg2,Btg3,and Btg4 horizons) Aquults feature--dominant chroma of 1 in the matrix of the argillic horizon,with masses of oxidized iron Aquic conditions--periodic saturation and reduction in a zone from 0 to 80 inches of the soil surface at some time during the year(endosaturation) Lithologic discontinuity--abrupt textural change starting at a depth of 79 inches(2Cg horizon) ADDITIONAL DATA: TABULAR SERIES DATA: S0I-5 Soil Name Slope Airtemp FrFr/Seas Precip Elevation FL0129 RAINS 0-2 - - - - SC0020 RAINS 0-2 57-70 190-245 38-52 40-450 SC0102 RAINS 0-2 57-70 190-225 38-52 300-450 SC0116 RAINS 0-2 57-70 190-245 38-52 40-450 50I-5 FloodL FloodH Watertable Kind Months Bedrock Hardness FL0129 NONE 0-1.0 APPARENT JUN-JAN >88 SC0020 NONE 0-1.0 APPARENT NOV-APR >80 SC0102 NONE 0-1.0 APPARENT NOV-MAR >80 SC0116 COMMON 0-1.0 APPARENT NOV-APR >80 S0I-5 Depth Texture 3-Inch No-10 Clay% -CEC- FL0129 0-12 S FS 0- 0 98-100 2-5 - FL0129 12-62 SCL 0- 0 98-100 18-35 - FL0129 62-85 LS LFS SL 0- 0 95-100 2-15 - 5C0020 0-12 LS LFS S 0- 0 95-100 2-10 1-4 SC0020 0-12 SL FSL VFSL 0- 0 95-100 5-20 1-5 5C0020 0-12 L 0- 0 95-100 7-27 2-6 SC0020 12-40 FSL SCL SL 0- 0 95-100 18-35 2-5 5C0020 40-62 SCL CL SC 0- 0 98-100 18-40 2-7 SC0020 62-79 SL SCL SC 0- 0 95-100 15-45 1-6 SC0102 0-14 SL 0- 2 95-100 5-20 1-5 SC0102 14-36 SCL SL 0- 2 90-100 18-35 2-5 SC0102 36-46 CEM - - - SC0116 0-12 SL FSL 0- 0 92-100 5-20 1-5 5C0116 0-12 VFSL L 0- 0 92-100 7-24 1-6 SC0116 12-40 SCL CL 0- 0 95-100 18-35 2-5 SC0116 40-62 SCL CL SC 0- 0 95-100 18-40 2-7 SC0116 62-79 SL SCL SC 0- 0 95-100 15-45 1-6 SOI-5 Depth -pH- 0.M. Salin Permeab Shnk-Swll FL0129 0-12 3.5-5.5 1.0-6.0 0-0 2.0-6.0 LOW FL0129 12-62 3.5-5.5 - 0-0 0.6-2.0 LOW FL0129 62-85 3.5-5.5 0-0 0.6-6.0 LOW SC0020 0-12 3.5-5.5 1.0-6.0 0-0 6.0-20 LOW SC0020 0-12 3.5-5.5 1.0-6.0 0-0 2.0-6.0 LOW SC0020 0-12 3.5-5.5 1.0-6.0 0-0 0.6-2.0 LOW SC0020 12-40 3.5-5.5 0.5-1.0 0-0 0.6-2.0 LOW SC0020 40-62 3.5-5.5 0.5-1.0 0-0 0.6-2.0 LOW SC0020 62-79 3.6-5.5 0.5-1.0 0-0 0.6-2.0 LOW SC0102 0-14 3.5-5.5 1.0-6.0 0-0 2.0-6.0 LOW SC0102 14-36 3.5-5.5 - 0-0 0.6-2.0 LOW SC0102 36-46 - - - - - SC0116 0-12 3.5-5.5 1.0-6.0 0-0 2.0-6.0 LOW SC0116 0-12 3.5-5.5 1.0-6.0 0-0 2.0-6.0 LOW SC0116 12-40 3.5-5.5 0.5-1.0 0-0 0.6-2.0 LOW SC0116 40-62 3.5-5.5 0.5-1.0 0-0 0.6-2.0 LOW SC0116 62-79 3.5-5.5 0.5-1.0 0-0 0.6-2.0 LOW National Cooperative Soil Survey U.S.A. • NC0063 0-80 3.5- 7.3 0.-2. 0- 0 6.0- 20 LOW National Cooperative Soil Survey U.S.A. LOCATION CRAVEN NC+AL GA SC VA Established Series RAG-ENH,Rev.MHC 05/2004 CRAVEN SERIES MLRA(s): 133A, 153A MLRA SOIL SURVEY REGIONAL OFFICE(MO)RESPONSIBLE:Raleigh,North Carolina Depth Class:very deep Drainage Class(Agricultural):moderately well drained Internal Free Water Occurrence:moderately deep,common Index Surface Runoff:negligible to very high Permeability:slow Landscape:Coastal Plain Landform:Uplands Hillslope Profile Position: Geomorphic Component:flats Parent Material:marine sediments Slope:0 to 12 percent Elevation(type location):20 to 100 feet Mean Annual Air Temperature(type location):63 degrees F. Mean Annual Precipitation(type location):54 inches TAXONOMIC CLASS:Fine,mixed,subactive,thermic Aquic Hapludults TYPICAL PEDON:Craven silt loam-cultivated.(Colors are for moist soil.) Ap--0 to 7 inches;grayish brown(10YR 5/2)silt loam;weak medium granular structure;very friable; common fine and medium roots;slightly acid;clear smooth boundary.(4 to 10 inches thick) E--7 to 9 inches;light yellowish brown(10YR 6/4)silt loam;weak medium subangular blocky structure; very friable;few fine and medium roots;very strongly acid;clear wavy boundary.(0 to 5 inches thick) Bt1--9 to 12 inches;brownish yellow(10YR 6/6)silty clay loam;moderate fine and medium subangular blocky structure;firm;slightly sticky,slightly plastic;thin discontinuous clay films on faces of peds;few fine and medium roots;common fine and medium pores;very strongly acid;clear wavy boundary. Bt2--12 to 22 inches;brownish yellow(10YR 6/6)silty clay;common fine distinct yellowish red(5YR 5/8)mottles;moderate fine angular blocky structure;very firm,sticky,plastic;thin continuous clay films on faces of peds;few fine roots;common fine pores;very strongly acid;clear wavy boundary. Bt3--22 to 36 inches;brownish yellow(10YR 6/6)silty clay;common fme and medium distinct gray (10YR 6/1)and common fme distinct yellowish red(5YR 5/8)mottles;moderate fme and medium angular blocky structure;very firm,sticky,plastic;thin continuous clay films on faces of peds;few fine pores;very strongly acid;gradual wavy boundary. Bt4--36 to 46 inches;light yellowish brown(10YR 6/4)clay;many medium distinct gray(10YR 6/1), common medium distinct reddish yellow(7.5YR 6/8),and common fine distinct red(2.5YR 4/8)mottles; weak medium angular blocky structure;very firm,sticky,plastic;thin continuous clay films on faces of peds;very strongly acid;gradual wavy boundary.(Combined thickness of Bt ranges from 24 to 50 inches.) BC--46 to 54 inches;gray(IOYR 6/1)clay;common medium faint pale brown(10YR 6/3),common fine and medium distinct reddish yellow(7.5YR 6/8),and common fine prominent red(2.5YR 4/8)mottles; weak medium platy structure;very firm,sticky,plastic;very strongly acid;clear wavy boundary.(0 to 25 inches thick) C1--54 to 70 inches;brownish yellow(10YR 6/6)sandy loam;common lenses and pockets of sandy clay loam;common fine faint reddish yellow(7.5YR 6/8)and few fine and medium distinct light gray(10YR 7/1)mottles;massive;very friable;very strongly acid;gradual wavy boundary. C2--70 to 80 inches;brownish yellow(10YR 6/6)loamy sand;common fine and medium faint reddish yellow(7.5YR 6/8)and few fine and medium distinct light gray(10YR 7/1)mottles;massive;very friable; very strongly acid. TYPE LOCATION:Craven County,North Carolina;4 miles northwest of Vanceboro on N.C.43;0.6 mile east on S.R. 1644;30 feet west of road in cultivated field. RANGE IN CHARACTERISTICS: Depth to Bedrock:Greater than 60 inches Depth to Seasonal High Water Table:24 to 36 inches,December to April Rock Fragment content:0 to 3 percent,by volume,throughout Soil Reaction:extremely acid to strongly acid,except where limed RANGE OF INDIVIDUAL HORIZONS: A or Ap horizon: Color--hue of 10YR or 2.5Y,value of 3 to 6,and chroma of 1 to 3 Texture(fine-earth fraction)--loam,silt loam,very fine sandy loam,or fine sandy loam.Eroded pedons are clay loam,sandy clay loam or silty clay loam. E horizon: Color--hue of 10YR to 5Y,value of 5 to 7,and chroma of 2 to 4 Texture(fine-earth fraction)--loam,silt loam,very fine sandy loam,or fine sandy loam. BE or BA horizon(if it occurs): Color--huc of 10YR or 2.5Y,value of 4 to 7,and chroma of 3 to 8 Texture(fine-earth fraction)--loam,clay loam,silt clay loam,or sandy clay loam. Bt horizon(upper part): Color--hue of 7.5YR to 2.5Y,value of 5 to 7,and chroma of 3 to 8 Texture(fine-earth fraction)--clay loam,silty clay loam,silty clay,or clay Other features--average clay content of the Bt horizon is 35 to 55 percent and silt plus the very fine sand content is more than 30 percent Bt horizon(lower part): Color--hue of 7.5YR to 2.5Y,value of 5 to 7,and chroma of 3 to 8 with few to many mottles of chroma 2 or less or hue of 10YR or 2.5Y,value of 5 to 7,and chroma of 1 to 2 with iron masses in shades of red, yellow,and brown Texture(fine-earth fraction)--clay loam,silty clay loam,silty clay,or clay Other features--average clay content of the Bt horizon is 35 to 55 percent and silt plus the very fine sand content is more than 30 percent BC or BCg horizon: Color--hue of 10YR or 2.5Y,value of 5 to 7,and chroma of 1 or 2 with mottles in shades of red,yellow,or brown.Some pedons have BC horizons with dominant chroma of 3 or more and many mottles of chroma 2 or less Texture(fine-earth fraction)--silty clay loam,clay loam,silty clay,clay,sandy clay,or sandy clay loam C horizon: Color--hue of 10YR to 2.5Y,value of 5 to 7,and chroma of 1 to 6.Pedons with dominant chroma of 3 or more have many mottles of chroma 2 or less Texture(fine-earth fraction)--clay loam,loam,sandy clay loam,sandy loam,or loamy sand. Redoximorphic features--in shades of red,brown,and yellow are in most pedons COMPETING SERIES: Eulonia soilshas less than 30 percent silt in the PSCS Maubila soilshave fragments of ironstone Nevarc soilshas a perched water table GEOGRAPHIC SETTING: Landscape:Coatal Plain Landform:Upland Geomorphic Component:Flat Parent Material:Marine sediments Elevation:20 to 100 feet Mean Annual Air Temperature:59 to 67 degrees Mean Annual Precipitation:40 to 60 inches Frost Free Period: GEOGRAPHICALLY ASSOCIATED SOILS: Bayboro soils--have poorer drainage and are on lower landscape positions Bladen soils--have poorer drainage and are on lower landscape positions Exam soils--have less clay Goldsboro soils--have less clay Grantham soils--have poorer drainage and are on lower landscape positions Leaf soils--have poorer drainage and are on lower landscape positions Lenoir soils--have poorer drainage and are on lower landscape positions Lynchburg soils--have poorer drainage and are on lower landscape positions Nahunta soils--have poorer drainage and are on lower landscape positions Norfolk soils--have less clay and occur on higher,well drained landscape positions Rains soils--have poorer drainage and are on lower landscape positions DRAINAGE AND PERMEABILITY: Drainage class(Agricultural):moderately well drained Index Surface Runoff:negligible to very high Internal Free Water Occurrence:moderately deep,common Permeability:slow USE AND VEGETATION: Major Uses:crops and woodland Dominant Vegetation:Where cultivated--corn,soybeans,tobacco,cotton,small grain,peanuts,and pasture.Where wooded--loblolly pine(Pinus taeda),red maple(Acer rubrum),sweetgum(Liquidambar styraciflua),water oak(Quercus nigra),southern red oak(Quercus falcata),yellow-poplar(Liriodendro tulipifera),blackgum(Nyssa sylvatica),white oak(Quercus alba),post oak(Quercus stellata),American holly(Ilex opaca),and other overstory species.Understory species include bitter gallberry(Ilex glabra), sourwood(Oxydendrum arboreum),flowering dogwood(Comas florida),wax myrtle(Myrica cerifera), blueberry(Vaccinium spp.),grape(Vitus spp.),Carolina jessamine(Gelsemium sempervirens),large gallberry(Ilex coriacea),honeysuckle(Lonicera spp.),and summersweet clethra(sweet pepperbush) (Clethra alnifolia).. DISTRIBUTION AND EXTENT: Distribution:Coastal Plain of North Carolina,South Carolina,Georgia,Virginia,and perhaps other southern states Extent:large MLRA SOIL SURVEY REGIONAL OFFICE(MO)RESPONSIBLE:Raleigh,North Carolina SERIES ESTABLISHED:Craven County,North Carolina, 1930. REMARKS:Newseries soils were previously mapped as... Diagnostic horizons and soil characteristics recognized in this pedon are: Ochric epipedon--the zone from 0 to 9 inches(Ap&E horizon) Argillic horizon--the zone from 9 to 46 inches(Bt horizons) Aquic conditions--the soil has redox depletions and concentrations within the upper 24 inches of the argillic horizon,with periodic saturation and reduction at some time during the year Series control section--the zone from 0 to 60 inches ADDITIONAL DATA:(1)This series is among Benchmark soils;characterization data at type location exists in S77NC-49-1 and on alternate site S78NC-49-44. (2)North Carolina State University (a)Swelling pressure and COLE data on undisturbed B horizon samples at the type location in Craven Co., North Carolina. Btl Bt2 Bt3 Swelling pressure(lbs/sq in)108 1002 141 COLE.04.06.04 (b)Saturated hydraulic conductivity(K)data from 1 pedon Craven Co.,North Carolina;from undisturbed 3-inch cores collected for cooperative research by N.C.S.U.,SCS,and the Craven County Health Department. Horizon Depth(in.)K(in./hr.) Ap 1-4 1.88-2.16 A2 6-9 0.18-0.32 Btl 13-160.09-0.10 Bt1 20-23 0.16 Bt2 29-32 0.14 Bt3 40-43 0.13 TABULAR SERIES DATA: Soil Name Slope Airtemp FrFr/Seas Precip Elevation CRAVEN 0- 12 59- 64 190-240 40- 52 20- 100 FloodL FloodH Watertable Kind Months Bedrock Hardness NONE 2.0-3.0 APPARENT DEC-APR 60-60 Depth Texture 3-Inch No-10 Clay% -CEC- 0- 9 L FSL SIL 0- 0 95-100 7-27 - 0- 9 CL SICL SCL 0- 0 95-100 27-40 - 9-54 C SIC SICL 0- 0 95-100 35-60 - 54-80 CL SL LS 0- 0 95-100 5-35 - Depth -pH- O.M. Salin Permeab Shnk-Swll 0- 9 3.5- 6.5 .5-2. 0- 0 0.2- 2.0 LOW 0- 9 3.5- 5.5 .5-2. 0- 0 0.06- 0.2 MODERATE 9-54 3.5- 5.5 0.-0. 0- 0 0.06- 0.2 MODERATE 54-80 3.5- 5.5 0.-0. 0- 0 0.2- 6.0 LOW ROY COOPER i 1 ':. Governor �+� MICFLA EL&REGAN `.�^ Secretary BRIAN WRENN NORTH CAROLINA Mrector Environmental Quality June 26,2020 Via email only: sbishop(iirobuckhomes.com Raleigh-Wilmington Investors,LLC TBM Partners, LLC,Member Attn: Shelly R.Bishop,President 6131 Falls of Neuse Road, Suite 200 Raleigh,NC,27609 Subject: Request for Additional Information Stormwater Project No.SW8 200406 Winding Marsh New Hanover County Dear Ms. Bishop: The Wilmington Regional Office received and accepted a modified State Stormwater Management Permit Application for the subject project on April 15,2020. A preliminary in-depth review of that information has determined that the application is not complete and that additional information is needed. To continue the review,please provide the following additional information in a single,hard copy submittal uackai=e: 1. 15A NCAC 02H.1019(7)(cxi):Please provide the supporting documentation demonstrating that it is not feasible to meet the MDC for infiltration systems as described in.1051. 2. 15A NCAC 02H.1040(1)(a), .1042(2)(b)(ii)and(c): Section III.l.a of the application lists Shelly R.Bishop as the President of TBM Partners,LLC(listed as the signing official). However,the provided Operating Agreement and NC Secretary of State shows that TBM Partners,LLC is managed by Robuck Homes,Inc.Please provide documentation from Robuck Homes,Inc to support the President or Vice President of this corporation and update Section III.l.a of the application to link the signing official to the applicant. 3. 15A NCAC 02H.1003(4)(a), .1019(6)(b),and.1042(2)(g)(iii): For all subject projects within the Coastal Counties,vegetated setbacks from perennial waterbodies,perennial streams,and intermittent streams shall be at least 50 feet in width for new development.The 50-foot setback shall be measured from the normal pool elevation of impounded structures,from the top of bank of each side of streams or rivers,and from the mean high waterline of tidal waters,perpendicular to the shoreline.A 75' buffer is identified;however,the required 50-foot setback must be shown as well. 4. 15A NCAC 02H.1042(3)(b): a. List the volume provided of the wet pond in the additional information section of the supplement. b. Complete rows 3-10 on the supplement E-Z cover page. c. Confirm answer in row 1 of the drainage area section of the supplement. 5. 15A NCAC 02H.1003(3)(a): In Row 19 of the drainage area section of the supplement,please identify the calculation method used to determine the design volume. The calculations appear to indicate that the SCS method was used. Ncrri Carolina Department Environmentala if y Dh°sin of Energy.let Ect di and Land'te wraes �1 ti1:'mingkon Regional t.!`f�c; 127 Cardinal Drive Fa[+ensu,�� I Wilmington,North Carolina 2840S K :r.. . 410.%6.T215 State Stormwater Permit No. SW8 200406 Page 2 of 3 6. 15A NCAC 02H.1053(5)(a): Within the pond,a volume for the combined forebays are provided. When two forebays are proposed,calculations supporting the volumes of each of the forebays must be provided.Additionally, calculations are necessary to confirm that each forebay is 15- 20%of the volume of the weighted main pool volume based on the contributing area draining to each forebay. Please provide additional calculations for each forebay in order to support their respective volumes and contributing drainage areas. 7. 15A NCAC 02H.1053(6): a. The pond section B-B on plan sheet C4.3 state the vegetated shelf to be at an elevation of 5'-6'.However,the Supplement list the shelf between elevations 4'-5'. Please confirm and correct. b. The pond section B-B on plan sheet C4.3 says the forebay bottom is at(-)2,however this appears to be the pond bottom.Please confirm. 8. 15A NCAC 02H.1053(3) and(5): The supplement reports the clean-out depth for the forebays as 36 inches which appears to relate to 15A NCAC 02H.1053(5)(d)that indicates when maintenance activity is to occur. However,the supplement is intended to document the design condition of the wet pond. In Row 34 of the wet pond supplement, please report the provided sediment storage, which appears to be 24 inches. 9. 15A NCAC 02H.1053(3): 15A NCAC 02H..1053(3) and .1042(2)(h)(ii): The forebay 2 bottom elevation is set at 0 ft with a 2-ft sediment accumulation depth to 2 ft. The forebay inlet invert appears to be set at an elevation of 1 ft,which would be located within this sediment removal elevation. Please confirm the intended design and ensure that any sediment accumulation will not impede the water from entering the system and that the system can still be operated and maintained as outlined in the signed operation and maintenance agreement. 10. 15A NCAC 02H.1053(11)(b): The vegetated shelf shall be planted with a minimum of three diverse species of herbaceous,native vegetation at a minimum density of 50 plants per 200 square feet of shelf area. Please show a section on the plans with a planting plan or provide a citation of where this can be found in the plan set. 11. 15A NCAC 02H.1042(2): Please email the supplement form to the email address provided below so that it can be preserved electronically per the regulatory requirements. Please remember to confirm that any revised information is presented consistently throughout the application documents including calculations, supplements,narrative, and plans. Please also remember to provide two hard copies of any updated documents per 15A NCAC 02H.1042(2). All of the requested information listed above should be received in this Office by July 13,2020, or the application will be returned as incomplete. If additional time is needed to submit the requested information,please email your extension request prior to this due date to the email address provided below with a justification and a date of when the requested information will be submitted,which shall be no later than 15 days past the original due date.Please note that only two letters requesting additional information is allowed in the State Stormwater Program for a total of 30 days to submit the requested additional information. If the information is not satisfactorily provided after either the second request or 30 days, the project will be returned. If the project is returned and you wish to re-submit later,you will need to resubmit all required items at that time,including the application fee. The construction of any impervious surfaces,other than a construction entrance under an approved Sedimentation Erosion Control Plan,is a violation of NCGS 143-215.1 and is subject to enforcement action pursuant to NCGS 143-215.6A. Please reference the State assigned project number on all correspondence. If you have any questions concerning this matter,please feel free to call me at(910)796-7215 or email me at ted.triantis@ncdenr.gov. State Stormwater Permit No. SW8 200406 Page 3 of 3 Sincerely, Ted Triantis Ted Triantis Engineer DES/tjt: \\\Stormwater\Permits &Projects\2020\200406 HD\2020 06 addinfo 200406 cc: T. Jason Clark,P.E.: Norris and Tunstall Consulting Engineers, P.C.; via email: jclark@ntengineers.com Wilmington Regional Office Stormwater File Triantafillopoulos, Ted From: Triantafillopoulos, Ted Sent: Friday,June 26,2020 9:32 AM To: sbishop@robuckhomes.com Cc: jclark@ntengineers.com Subject: Request for Additional Information Winding Marsh 200406 Attachments: 2020 06 addinfo 200406.pdf All, Attached is a pdf of the request for additional information for the subject project. Please let me know if you have any questions or concerns.Thank you. Ted Fria,,s Engineer Division of Energy, Mineral and Land Resources North Carolina Department of Environmental Quality Phone: (910) 796-7215 FAX: (910) 350-2018 Email: ted.triantis a(�.ncdenr.gov 127 Cardinal Drive Extension Wilmington, NC 28405 Colgterildlig" .4wts 1*4, Email;erites;'..:le ) this address 43., North CarC::7.7 ?u.'...R.:• 72 _aw1!and may be 1 Burd, Tina J From: Burd, Tina J Sent: Monday, April 20, 2020 10:17 AM To: sbishop@robuckhomes.com;jclark©ntengineers.com;Amy Norris Subject: SW8 200406 - Winding Marsh The Wilmington Regional Office of the Division of Energy, Mineral and Land Resources (Stormwater Section) accepted the Stormwater Permit Application and $505.00 fee for the subject project on April 15, 2020. The project has been assigned to Ted Triantafillopoulos and you will be notified if additional information is needed. Please be advised that the construction of built-upon area may not commence until the Stormwater Permit is issued. Best Regards, Tina Burd Administrative Associate II Wilmington Regional Office Division of Environmental Assistance & Customer Service Phone 910-796-7215 NCDEQ Wilmington Regional Office 127 Cardinal Drive Ext. Wilmington, NC 28405 1 F Application Completeness Review Checklist(Non-Transfers)-Short Version Project Name: IAllac,(r)ci M4}_rzS i.{ Date Delivered to WIRO "ciii5/2.be Project County/Location: ►.ems; fl4 Vt e / t't LT) Lia 5c ;l�i� BIMS Received/Accepted Date �� Rule(s): ®2QI7 Coastal 020088 Coastal 01995 Coastal BIMS Acknowledged Date:: ❑Phase 11 OUniversai 01988 Coastal Permit Action: ew New Permit 42: cuR aO 0 c/a(„ Major Mod/Minor Mod/Renewal Existing Permit q: Permit Type: D•/LD/LD Overall/HD&LD Combo Expriation Date3: General Permit/Offsite/Exem t Rescission EOffsite to 5W8: Development Type: Commercial/Residential them DLot is in Master Permit? Subdivided?: E }divisio }r Single Lot APE Cert on File? Permittee Type&Documents Needed: Property Owners) EPurrhaserE Lessee DHOA Viable? DViabie7 Deed ❑Viable? OViadle? �Viadle? OPurehase Agmt Lease Election Minutes Not Subdivided: Deed Subdivision: Common Area Deed Paperwork tE3Developer application ®Fee; 0$505(within 6mo) Cherk#(s): C3 bf Z3 7 El No Fee 5upplement2(1 new form or far older forms: 1 original perSCM) I .E O&M2 15oils Report(lnfil or PP) Calculations(signed/sealed) Deed Restrictions,if subdivided2 ®Project Narrative EIt1SGS Map(or on file?) Subject to SA?: ry-fi N Subject to ORW?- Y Cl ®.Plans(2 Sets) DPE Certification OElectronrc Copies Easements, Recorded(2017 Rules) NOTES: -Enter BIMS Acknowledged Date on this Sheet 2For New Projects-Enter New Permit#on Supplements&Deed Restiction Templates. 31f w/in 6 months and they are requesting a mod,STOP. Needs a renewal first. • EMAILED ENGINEER DATE: Comments: REVIEWER NAME: re- T G-wq\11Reference Library\Procedures\Checklists\Completeness Review Checklist 202001 31 NORRIS & TUNSTALL CONSULTING ENGINEERS P.C. 2602 Iron Gate Drive,Suite 102 1429 Ash-Little River Road Wilmington,NC 28412 Ash,NC 28420 �- (910) 343-9653 C E i E (910)287-5900 (910) 343-9604 Fax (910)287-5902 Fax John S.Tunstall,P.E. APR 15 2020 J.Phillip Norris,P.E. T.Jason Clark,P.E. Thomas J. Scheetz,E.I. April 13, 2020 NC DEQ Division of Energy, Mineral and Land Resources — State Stormwater Program 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Re: State Stormwater Permit Submittal Winding Marsh 1029 Middle Sound Loop Road New Hanover County, NC N&T Project No. 19086 Dear Sir or Madam: Enclosed are two (2) sets of plans for the above referenced project, one (1) set of calculations, one (1) copy of the Stormwater Narrative, one (1) USGS map, one (1) copy of the Deed, one (1) copy of the Articles of Organization, one (1) copy of the Declaration of Covenants and Restrictions, the original Division of Water Quality Stormwater Management Permit application, the original Supplement EZ form, the original Operation and Maintenance EZ Agreement and a $505.00 check for the permit review fee. Please review this information for approval and contact us with any questions or comments you may have. Thank you for your assistance on this project. Sincerely, NORRIS & TUNSTALL CONSULTING ENGINEERS, P.C. lECt'FIVE T. Jason lark, P. E. TJC/asn 19086 04-13-20-s-sw-Rr Enclosures cc: Wes Corder (By E-Mail Only) Shelly R. Bishop (By E-Mail Only) NCBELS License C-3641 STORMWATER SYSTEM & EROSION CONTROL NARRATIVE WINDING MARSH 1029 Middle Sound Loop Road Wilmington, North Carolina For Raleigh-Wilmington Investors, LLC 1015 Ashes Drive, Suite 202 Wilmington, NC 28405 (910) 256-0101 (Ext. 102) '9�S„��N�„C�P April 2020 Prepared by: NORRIS &TUNSTALL CONSULTING ENGINEERS, P.C. 2602 Iron Gate Drive, Suite 102 Wilmington, North Carolina 28412 (910) 343-9653 (910) 343-9604 (Fax) License# C-3641 N&T Project No. 19086 NARRATIVE WINDING MARSH Receiving Stream Name: Pages Creek Stream Class: SA:HQW Stream Index Number: 18-87-22 DESCRIPTION: The project site is a 14.25 AC tract located at 1029 Middle Sound Loop Road in Wilmington, NC. The soils of the site consist of Craven, Rains soil types. These soils are Silty/Loamy/with some sands. The site has grades ranging from 1% to 5%. There are wetlands and Tidal Marsh soils on site. A Wetlands Impact Permit is required. Approximately 9.59 AC will be graded to allow construction of a residential subdivision with private roads and paved access to Middle Sound Loop Road. The runoff from the site is estimated using the State and NHC Requirements and rainfall data for the area. Construction is scheduled to begin as soon as all permits and approvals are obtained. EROSION CONTROL MEASURES: The attached plans and specifications outline the requirements for erosion control measures. Silt fencing will be provided along each side of the entrance drive(s) and where stormwater would be expected to sheet flow from disturbed areas directly to adjacent property. Gravel check dams will not be provided unless the Contractor has to temporarily discharge into an open ditch instead of the proposed storm drain ouffall. The detention pond will be used as a silt basin during construction and restored to its design contours prior to completion. Maintenance will be provided by the grading contractor and developer. For Erosion Control and site access purposes the site proposes two (2) Phases, Phase 1 and 2. Phase 1 is to gain access to the site to begin site prep and clearing for Phase 2. Phase 1 requires that the southwestern portion of the stormwater pond be constructed, including the outlet structure and skimmer. Phase 1 is required due to the location of the wetlands on-site. Once the Wetlands Impact Permit is obtained, the site will move to Phase 2, final erosion control plan as shown on the grading plans. Phase 1 utilizes an existing driveway from Middle Sound Loop Road to gain access southwest of the wetland pocket. Notes are included on the plan to dictate the process and requirements for Phase 1. Phase 2 includes the final erosion control site design and stormwater design. This phase includes the filling of wetiands (after the Wetlands Impact Permit is obtained). Both phases include TSF at all down slopes and everywhere runoff could flow directly off- site. 2 STORMWATER MANAGEMENT MEASURES: The project site is located in New Hanover County. Land disturbing on the site will exceed one (1) acre, which requires the site to comply with both NHC and State regulations. The stormwater runoff from the development will be directed to the stormwater detention pond. The stormwater detention pond was designed to accommodate this site at full build-out. Since this site drains to SA; HQW, the stormwater pond outlet must include a secondary SCM. The outlet forms the pond and directs the entire State WQ Volume (difference between the 1-yr Pre-Post Volume)to a Blind Swale and a Level Spreader and Vegetated Filter as required by the State. For NHC Pre-Post, the site meets the requirements for the 2, 10 and 25 year storms. All storm drains and swales are designed for the 25 and 100 year storms. There are two (2) by-pass piped systems on-site. The first connects the Wetland Pocket on either side of the road Right-of-Way. The second is at the far southwest of the site at the site property line. This system allows for an existing low area that exists north of the cul-de-sac to have a path out and keep from blocking off-site work. CONSTRUCTION SEQUENCE: The contractor will install the gravel construction entrance and silt fence prior to beginning any clearing and grading operations. Additional silt fence will be installed when and if conditions warrant during construction. The detention pond/silt basin will be constructed immediately after that portion of the site is cleared, and outlet structure with protection will be installed. Disturbed areas will be landscaped or seeded upon completion. 3 EROSION CONTROL NOTES AND MAINTENANCE PLAN 1. All erosion and sediment control measures will be checked for stability and operation following every runoff-producing rainfall, but in no case, less than once every week and within 24 hours of every half-inch rainfall. 2. All points of egress will have construction entrances that will be periodically top- dressed with an additional 2 inches of#4 stone to maintain proper depth. They will be maintained in a condition to prevent mud or sediment from leaving the site. Immediately remove objectionable material spilled washed or tracked onto the construction entrance or roadways. 3. Sediment will be removed from hardware cloth and gravel inlet protection, block and gravel inlet protection, rock doughnut inlet protection and rock pipe inlet protection when the designed storage capacity has been half filled with sediment. Rock will be cleaned or replaced when the sediment pool no longer drains as designed. Debris will be removed from the rock and hardware cloth to allow proper drainage. Silt sacks will be emptied once a week and after every rain event. Sediment will be removed from around beaver dams, dandy sacks and socks once a week and after every rain event. 4. Diversion ditches will be cleaned out immediately to remove sediment or obstructions from the flow area. The diversion ridges will also be repaired. Swales must be temporarily stabilized within 21 calendar days of cease of any phase of activity associated with a swale. 5. Sediment will be removed from behind the sediment fence when it becomes half filled. The sediment fence will be repaired as necessary to maintain a barrier. Stakes must be steel. Stake spacing will be 6 feet max. with the use of extra strength fabric, without wire backing. Stake spacing will be 8 feet max. when standard strength fabric and wire backing are used. If rock filters are designed at low points in the sediment fence, the rock will be repaired or replaced if it becomes half-full of sediment, no longer drains as designed or is damaged. 6. Sediment will be removed from sediment traps when the designed storage capacity has been half filled with sediment. The rock will be cleaned or replaced when the sediment pool no longer drains or when the rock is dislodged. Baffles will be repaired or replaced if they collapse, tear, decompose or become ineffective. They will be replaced promptly. Sediment will be removed when deposits reach half the height of the 1st baffle. Floating skimmers will be inspected and kept clean weekly. 7. Sediment will be removed from the sediment basin when the design storage capacity has been half filled with sediment. Rock will be cleaned or replaced when the sediment pool no longer drains or if the rock is dislodged. Baffles will be repaired or replaced if they collapse, tear, decompose or become ineffective. They will be replaced promptly. Sediment will be removed from baffles when deposits 4 reach half the height of the 1st baffle. Floating skimmers will be inspected weekly and will be kept clean. Land Quality Requires: 8. All seeded areas will be fertilized, reseeded as necessary and mulched according to specifications in the vegetative plan to maintain a vigorous, dense vegetative cover. Al! slopes will be stabilized within 21 calendar days. All other areas will be stabilized within 15 working days. Water Quality Requires: 9. All seeded areas will be fertilized, reseeded as necessary and mulched according to specifications in the vegetative plan to maintain a vigorous, dense vegetative cover. All perimeter dikes, swales, ditches, perimeter slopes, all slopes steeper than 3' horizontal to 1' vertical (3:1) and all high quality water (HQW) zones shall be provided temporary or permanent stabilization with ground cover as soon as practicable but in any event within seven (7) calendar days from the last land- disturbing activity. All other disturbed areas shall be provided temporary or permanent stabilization with ground cover as soon as practicable but in any event within fourteen (14) calendar days from the last land-disturbing activity. 10. Flocculants will be used to address turbidity issues. The pumps. tanks, hoses and inject systems will be checked for problems or turbid discharges daily. 11. Refer to new NPDES rules regarding basin outlet structures and skimmers shall withdraw water from the surface. 5 SECTION 02920 SOIL EROSION AND SEDIMENTATION CONTROL 1. GENERAL 1.1 Contractor shall take every reasonable precaution throughout construction to prevent the erosion of soil and the sedimentation of streams, lakes, reservoirs, other water impoundments, ground surfaces, or other property as required by State and Local regulations. 1.2 The Contractor shall install all required silt fences, and construction entrances at the initiation of work, and have these measures reviewed and approved by the local permit authority prior to clearing and grading operations. 1.3 The Contractor shall, within 21 days of suspension or completion of land disturbing activities, provide permanent protective covering for disturbed areas. Temporary and permanent erosion control measures shall be coordinated to assure economical, effective, and continuous erosion and siltation control throughout the construction and post-construction period. Use the specified seed for both temporary and permanent seeding. 2. PRODUCTS 2.1 Asphalt for anchoring mulch shall be Type SS-1 Emulsion. 2.2 Fertilizer shall be 10-10-10 grade or equivalent. 2.3 Lime shall be dolomitic agricultural ground limestone containing not less than 10 percent magnesium oxide. 2.4 Mulch shall be small grain straw, hay, wood chips, asphalt emulsion, jute or other suitable material free of undesirable weed seed. 2.5 Phosphate shall be 20 percent superphosphate or equivalent. 2.6 Seed shall be 20% carpet grass, 24% Bermuda, 20% turf Fescue, 10% Creeping Red Fescue, and 24% Annual Rye grain. Bermuda seed shall be hulled for warm weather planting and unhulled for cool weather planting. Purity of seed shall be a minimum of 98 percent and germination shall be a minimum of 85 percent. 2.7 Silt fence shall consist of NCDOT Class A fabric supported by metal posts spaced not more than 6 feet on center. The bottom of the fabric shall be buried a minimum of 6 inches. 2.8 Gravel for check dams shall be#57 washed stone. 2.9 Aggregate for construction entrance shall be#4 washed stone. 6 2.10 Stone rip rap for check dams and erosion control shall be NCDOT Class A or B as shown. 3. EXECUTION 3.1 General: Take every practicable measure during construction or suspension to work to minimize erosion and siltation. Measures should include good construction practices, temporary physical barriers to sediment travel, settling basins for new ditches, and establishment of vegetative cover. 3.2 Construction Practices 3.2.1 Avoid dumping soil or sediment into any wetland or watercourse. 3.2.2 Maintain an undisturbed vegetative buffer where possible between a natural watercourse and trenching and grading operations. 3.2.3 Avoid equipment crossings of streams, creeks, and ditches where practicable. 3.2.4 Grade all cut, fill and ditch slopes to minimum slope of 3:1, unless otherwise shown or directed. 3.3 Temporary Physical Barriers are required where sedimentation on offsite property or excessive erosion is a problem. 3.3.1 Mulch shall be used for temporary stabilization of areas subject to excessive erosion and for protection of seedbeds after planting where required. 1. Apply grain straw and hay at a rate of 75 to 100 pounds per 1,000 square feet and wood chips at a rate of 500 pounds per 1,000 square feet. Jute and mesh should be installed as per manufacturer's instructions. 2. Asphalt emulsion for slope stabilization should be applied at a rate of 1,000 gallons per acre. Asphalt emulsion used for anchoring straw should be applied at a rate of 150 gallons per ton of straw. 3.3.2 Silt Fences shall be used at the base of slopes to restrict movement of sediment from the site. Clean silt fence of accumulated sediment after each rainfall event or when it exceeds a depth of 0.5 feet above natural grade. 3.3.3 Stone Check Dams, placed at the discharges of creeks, ditches, and swales, shall consist of Class A or Class B erosion control stone at minimum two feet high and three feet thick across the watercourse, with a one foot thick layer of gravei on upstream side. Remove sediment if accumulated to a depth of 1.0 feet at upstream face. 7 3.4 Vegetative Cover: Establish and maintain permanent vegetative cover on all unpaved areas disturbed by the work. 3.4.1 Preparation of Seedbed: Areas to be seeded shall be scarified to a depth of 4 inches and until a firm, well pulverized, uniform seedbed is prepared. Lime, phosphorous and fertilizer shall be applied during the scarification process in accordance with the following rates: Lime: 45 pounds per 1000 square feet Phosphorous: 20 pounds per 1,000 square feet Fertilizer: 17 pounds per 1000 square feet 3.4.2 Seeding: Disturbed areas shall be seeded with 2 to 3 pounds per 1000 square feet of the specified seed mixture. Seed shall be worked into the bed to a depth of 1/4 inch. Regrade and seed eroded areas immediately 3.4.3 Mulch all areas immediately after seeding. Mulch shall be applied and anchored as specified hereinbefore. Reapply as necessary to retain cover until grass is established. 3.5 Construction Entrance: Provide an aggregate drive, 20 feet wide by 50 feet long by 6 inches thick at each entrance to the site used by construction vehicles, until such time as the permanent roadway is constructed. Remove soil if accumulated to a depth greater than 0.5 inches. 3.6 Maintenance: The Owner and Contractor shall be responsible for maintaining all temporary and permanent erosion control measures. Temporary structures shall be maintained until such time as vegetation is firmly established in the area protected by the structure. Permanent streambank protection and grassed areas shall be maintained until completion of the project. Areas that fail to show a suitable stand of grass or which are damaged by erosion shall be immediately repaired. END OF SECTION 8 fop • File ar;Annual Report/Amend an Annual Report • Upload a PDF Filing • Order a Document Online • Add Entity to My Email Notification List • View Filings • Print a Pre-Populated Annual Report form • Print an Amended a Annual Report form Limited Liability Company Legal Name Rateigh=Mmington investors, LLC Information Sosld: 1513060 Status: Current-Active Annual Report Status: Current Citizenship: Domestic Date Formed: 4/26/2016 Registered Agent: Caravello, Jim Addresses Mailing Principal Office 6131 Falls of Neuse Rd Ste 200 6131 Falls of Neuse Rd Ste 200 Raleigh, NC 27609-3518 Raleigh, NC 27609-3518 Reg Office Reg Mailing 6131 Falls of Neuse Rd Ste 200 6131 Falls of Neuse Rd Ste 200 Raleigh, NC 27609-3518 Raleigh, NC 27609-3518 Company p y Officials All LLCs are managed by their managers pursuant to N.C.G.S. 57D-3-20. Managing Member Jim Caravello 6131 Falls of Neuse Road Suite 200 Raleigh NC 27609 yFi:• A LIMITED LIABILITY COMPANY ANNUAL REPORT 10/2017 NAME OF LIMITED LIABILITY COMPANY: Raleigh-Wilmington Investors, LLC SECRETARY OF STATE ID NUMBER: 1513060 STATE OF FORMATION: NC Offi I E-Filed AnFlingnualce ReportUseOrly 1513080 REPORT FOR THE CALENDAR YEAR: 2019 CA201908603864 3127l2019 10:27 SECTION A:REGISTERED AGENTS INFORMATION Changes 1.NAME OF REGISTERED AGENT: Caravello, Jim 2.SIGNATURE OF THE NEW REGISTERED AGENT: SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT 3. REGISTERED OFFICE STREET ADDRESS&COUNTY 4.REGISTERED OFFICE MAILING ADDRESS 6131 Falls of Neuse Rd Ste 200 6131 Falls of Neuse Rd Ste 200 Raleigh,NC 27609-3518 Wake County Raleigh,NC 27609-3518 SECTION B:PRINCIPAL OFFICE INFORMATION 1.DESCRIPTION OF NATURE OF BUSINESS: Land Development 2.PRINCIPAL OFFICE PHONE NUMBER: (919)277-1136 3.PRINCIPAL OFFICE EMAIL: Privacy Redaction 4.PRINCIPAL OFFICE STREET ADDRESS&COUNTY 5.PRINCIPAL OFFICE MAILING ADDRESS 6131 Falls of Neuse Rd Ste 200 6131 Falls of Neuse Rd Ste 200 Raleigh,NC 27609-3518 Raleigh, NC 27609-3518 6.Select one of the following If applicable.(Optional see Instructions) ❑ The company is a veteran-owned small business ❑ The company is a service-disabled veteran-owned small business SECTION C:COMPANY OFFICIALS(Enter additional company officials in Section E.) NAME: Jim Caravello NAME: NAME: TITLE: Managing Member TITLE: TITLE: ADDRESS: ADDRESS: ADDRESS: 6131 Falls of Neuse Road Suite 200 Raleigh,NC 27609 SECTION D:CERTIFICATION OF ANNUAL REPORT. Section D must be completed in its entirety by a person/business entity. Jim Caravello 3/27/2019 SIGNATURE DATE — Form must be signed by a Company Official fisted under Section C of This form. Jim Caravello Managing Member Ati` Print or Type Name of Company Okla! Print or Type The of Company O11 APR This Annual Report has been filed electronically. B MAIL TO:Secretary of State, Business Registration Division,Post Office Box 29525,Raleigh.NC 27626-0625 �. ;File an Annual Report/Amend an Annual Report • Upload a PDF Filing • Order a Document Online • Add Entity to My Email Notification List • View Filings • Print a Pre-Populated Annual Report form • Print an Amended a Annual Report form 1 G1 Limited Liability Company Legal Name TBM Partners, LLC Information Sosld: 1483549 Status: Current-Active Date Formed: 11/30/2015 Citizenship: Domestic Annual Report Due Date: April 15th CurrentAnnuat Report Status: Registei Agent: Caraveiio, Jim Addresses Mailing Principal Office 6131 Falls of Neuse Road Suite 200 6131 Falls of Neuse Road Suite 200 Raleigh, NC 27609-3518 Raleigh, NC 27609-3518 Reg Office Reg Mailing 6131 Falls of Neuse Road Suite 200 6131 Falls of Neuse Road Suite 200 Raleigh, NC 27609-3518 Raleigh, NC 27609-3518 _ h Company Officials [1. All LLCs are managed by their managers pursuant to N.C.G.S. 57D-3-20. Member Member Charles J. Bishop , IV Shelly R Bishop 6131 Falls of Neuse Road Suite 200 6131 Falls of Neuse Road Suite 200 Raleigh NC 27609 Raleigh NC 27609 Member Manager Gerri Herakovich Robuck Homes, Inc. 6131 Falls of Neuse Rd Suite 200 6131 Falls of Neuse Road, Suite 200 Raleigh NC 27609 Raleigh NC 27609 Member Robuck Homes, Inc. 6131 Falls of Neuse Road, Suite 200 Raleigh NC 27609 ft APR 1gime \CI At; FIRST AMENDMENT TO OPERATING AGREEMENT OF RALEIGH-WILMINGTON INVESTORS,LLC THIS FIRST AMENDMENT TO OPERATING AGREEMENT OF RALEIGH- WILMINGTON INVESTORS, LLC ("Amendment") is made and entered into this 27' day of March, 2020, by and between TBM PARTNERS,LLC, a North Carolina limited liability company ("TBM"),and ATLANTIC COAST CAPITAL LLC,a Wyoming limited liability company("ACC") (collectively,the"Members"). WITNESSETH THAT: WHEREAS, Raleigh-Wilmington Investors, LLC is a North Carolina limited liability company formed on April 26,2016(the"Company");and WHEREAS, the affairs of the Company are governed by the provisions of that certain Operating Agreement of Raleigh-Wilmington Investors,LLC dated April 26, 2016 (the"Operating Agreement");and WHEREAS,the Members desire to amend certain provisions of the Operating Agreement as set forth herein; NOW, THEREFORE, in consideration of the premises and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto hereby agree as follows: 1. Capitalized Terms. All capitalized terms used herein and not otherwise defined shall have the meanings ascribed to them in the Operating Agreement. 2. Compensation of Members. The Company desires to engage TBM to provide management services in connection with the sale of lots to builders. Accordingly, Section 3.2 of the Operating Agreement is hereby amended to allow the Company to pay compensation to TBM for its management services,which compensation shall equal two percent(2%) of the Company revenues from the sale of lots. 3. Conflicting Terms. Whenever the terms and provisions of this Amendment shall conflict with the terms and provisions of the Operating Agreement,the terms of this Amendment shall control over the conflicting terms of the Operating Agreement. 4. Ratification of Operating Agreement. Except as expressly amended as set forth in this Amendment,the Operating Agreement is hereby ratified and affirmed. ESignature page follows] I IN WITNESS WHEREOF, the Members have executed this Amendment as of the day and year first above written, MEMBERS: TBM Partners,LLC, a North Carolina limited liability company By: Robuck Homes,Inc., a North Carolina corporr6ation,its Manager R . Name: Shelly .Bishop ( 1 Title:President Atlanti+ Coast Ca ital LLC, a Wyo g limit:. liability co y BY: /�i.Ya1,il `/ kVincent,Manager • 1 d i 1 i leitierte T��T"77��11��1 p APR 15 2020 ------" lj i 2 • File`an Annual Report/Amend an Annual Report • Upload a PDF Filing • Order a Document Online • Add Entity to My Email Notification List • View Filings • Print a Pre-Populated Annual Report form • Print an Amended a Annual Report form Limited Liability Company Legal Name Raleigh-Wilmington Investors, LLC Information Sosld: 1513060 Status: Current-Active Date Formed: 4/26/2016 Citizenship: Domestic Annual Report Due Date: April 15th CurrentAnnual Report Status: Registered Agent: Caravello, Jim Addresses Mailing Principal Office 6131 Falls of Neuse Rd Ste 200 6131 Falls of Neuse Rd Ste 200 Raleigh, NC 27609-3518 Raleigh, NC 27609-3518 Reg Office Reg Mailing 6131 Falls of Neuse Rd Ste 200 6131 Falls of Neuse Rd Ste 200 Raleigh, NC 27609-3518 Raleigh, NC 27609-3518 Company Officials All LLCs are managed by their managers pursuant to N.C.G.S. 57D-3-20. Managing Member Jim Caravello 6131 Falls of Neuse Road Suite 200 Raleigh NC 27609 LIMITED LIABILITY COMPANY ANNUAL REPORT ro/2017 NAME OF LIMITED LIABILITY COMPANY: Raleigh-Wilmington Investors, LLC FMng Office Use Only SECRETARY OF STATE ID NUMBER: 1513060 STATE OF FORMATION: NC E-Filed Annual Report 1513060 REPORT FOR THE CALENDAR YEAR: CA�^190860385v 1CY19 3/27/2019 10:27 SECTION A: REGISTERED AGENT'S INFORMATION Changes 1.NAME OF REGISTERED AGENT: Caravello, Jim 2.SIGNATURE OF THE NEW REGISTERED AGENT: SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT 3. REGISTERED OFFICE STREET ADDRESS&COUNTY 4.REGISTERED OFFICE MAILING ADDRESS 6131 Falls of Neuse Rd Ste 200 6131 Falls of Neuse Rd Ste 200 Raleigh,NC 27609-3518 Wake County Raleigh,NC 27609-3518 SECTION B: PRINCIPAL OFFICE INFORMATION 1.DESCRIPTION OF NATURE OF BUSINESS: Land Development 2.PRINCIPAL OFFICE PHONE NUMBER: (919) 277-1136 3.PRINCIPAL OFFICE EMAIL: Privacy Redaction 4. PRINCIPAL OFFICE STREET ADDRESS&COUNTY 5.PRINCIPAL OFFICE MAILING ADDRESS 6131 Falls of Neuse Rd Ste 200 6131 Falls of Neuse Rd Ste 200 Raleigh, NC 27609-3518 Raleigh,NC 27609-3518 6.Select one of the following if applicable.(Optional see Instructions) ❑ The company is a veteran-owned small business ❑ The company is a service-disabled veteran-owned small business SECTION C: COMPANY OFFICIALS(Enter additional company officials in Section E.) NAME: Jim Caravello NAME: NAME: TITLE: Managing Member TITLE: TITLE: ADDRESS: ADDRESS: ADDRESS: 6131 Falls of Neuse Road Suite 200 I Raleigh, NC 27609 SECTION O D:CERTIFICATION OF ANNUAL REPORT. Section D must be completed in its entirety by a perso; siness entity. f Jim Caravello 3/27/2019 SIGNATURE DATE Form must be signed by a Company Official listed under Section C of This form. Jim Caravello Managing Member Print or Type Name of Company Official Print or Type Title of Company Official This Annual Report has been filed electronically. MAIL TO:Secretary of State, Business Registration Division,Post Office Box 29525,Raleigh,NC 27626-0525 61-1- 3-166 IS USGS V.B.DVr8.G2501AGV:ALBUEBIOR a'Y1Mc.1I.M■I. SCOFFS HILL QUADRANGLE nl�l►aa■a.Ian�a f`':'uJ TUpo NORTH CAROLINA. rNY ■' 7S•MNINE SERIES area r` I 7/ aR _ I 'JI VO Yl I•4 'm • .µ 1 •aaE ' ap — - ? .. 'r �M•N: }.' . i . ..' i / a • -I. • - 11, ,,.YYYY 1 _, QT4,4 .. , g \1 .,,P =, S . t � _ + \ a ' 4'SI. = ,. ,[A ...)._ r '' R.ip N:n Sal. i. _- , , ,_ ' '1\. it:.' ''.., „. ,,, -... .; -'\ .- e • is g •-, - L. - a, Z. 4 ,O�1i'l ..'I ''`'.\/�( a.. aR i wl...e *a�,b c.. ' Jr ea.rp•.., _\ , \ .':.Ni 5 iar"',` �na' .• f.,'''' S Yam, , '''' 5 441 aU -S/Iii y�. i,der 4 `I •i �+ R ;.R .p,�".c . 4. a.; F a8°spaN. e$ a �� • b �� 9 ft...a a I _ ?' _ J Y j "`" Tit„ .:w• "�r „ ti a.m" .•.. a . x t '■I - c l• j =ems_ ,E�i< •.•.� s ,q, i.. "4°"�Z. '.Tom! w�-•. 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IV ism ....,...aw,..m 2a1a Y APR 1 5 21120 Book 6274 Page 269 5‘D11) ICiO BK:RB 6274 111111111111111011011111111 RG•269-273 RECORDED: 2019042786 NC FEE Sa loo 12-30-2019 NEW HANOVER COUNTY,NC 02:41:51 PM TANEY THEUSCH BEASLEY BY:KELLIE GILES REGISTER OF DEEDS DEPUTY QUITCLAIM DEED NO TITLE SEARCH HAS BEEN REQUESTED AND NO SEARCH HAS BEEN PERFORMED. THE PREPARER EXPRESSES NO OPINION ON TITLE TO THE SUBJECT PROPERTY OR THE ACCURACY OR COMPLETENESS OF THE LEGAL DESCRIPTION. NO PORTION OF THE PROPERTY HEREIN DESCRIBED INCLUDES THE PRIMARY RESIDENCE OF GRANTOR. Prepared by: MURCHISON,TAYLOR&GIBSON,PLLC 1979 Eastwood Rd.,Wilmington,NC 28403 STATE OF NORTH CAROLINA PARCEL ID: R04400-003-019-000 and R04400-003-020-000 COUNTY OF NEW HANOVER REVENUE STAMPS: $0.00 THIS QUITCLAIM DEED, made this 27th day of December , 2019, by and between FIRST BAPTIST CHURCH OF WILMINGTON, NORTH CAROLINA, a North Carolina nonprofit corporation(aka"First Baptist Church"), whose mailing address is 411 Market Street, Wilmington, NC 28401 ("Grantor"), and RALEIGH-WILMINGTON INVESTORS, LLC, whose mailing address is 1015 Ashes Drive, Suite 202, Wilmington, NC 28405 ("Grantee"). The designation Grantor and Grantee as used herein shall include said parties, their successors and assigns, and shall include the singular,plural,masculine,feminine or neuter as required by the context. THE GRANTOR,for a valuable consideration paid by the Grantee,the receipt of which is hereby acknowledged,has remised and released and by these presents does remise,release and forever quit-claim unto the Grantee, its successors and assigns, all of Grantor's right, title and interest in that certain real property located in New Hanover County, North Carolina, more particularly described in Exhibit A attached hereto and incorporated herein by reference. TO HAVE AND TO HOLD the above granted and described property,together with all and singular, the rights, privileges, easements, tenements and privileges and app , ,ces thereunto belonging, or in anywise appertaining unto the said Grantee, and its succ;...;c'r 257807 ^+ • APR 5 2 02tp Book 6274 Page 270 assigns, free and discharged from all right, title, claim or interest of the Grantor or any, one claiming by,through or under Grantor. The Grantor makes no warranty, express or implied, as to title to the property hereinabove described. [SEPARATE SIGNATURE PAGE FOLLOWS] io, „ 257807 APf er. weU Book 6274 Page 271 IN TESTIMONY WHEREOF, the Grantor has caused this instrument to be executed the day and year first above written. FIRST BAPTIST CHURCH�Or OF WILMINGTON,NORTH CAROLINA $y: � L ', - V. (SEAL) Print N; .e:Jos,.h V. Capell Title: Chairman of Trustees STATE OF NORTH CAROLINA COUNTY OF IUE(4) 4-ta mve r' ep _ v y (County where acknowledgment taken) ` I certify that the following person personally appeared before me this day, acknowledging to me that he voluntarily signed the foregoing document for the purposes stated therein and in the capacity indicated above: Joseph V.Cavell. 6 Date: 11121111 Official Signature of Notary • fit. �n[As name appears o ] Printed Name of Notary: AN1061ntI1fh/j1N,N,,i a� VE AIVN tAs vamp appears on seal] =.G 0% • .My commission expires: to!Li I a,, 4' ,OTARS- 2s A(JB L1i;' - y4.'OVER c(v�'�.a 411011111111Nll 257807 if°9700 a ia ! ; er• ,7 . ,►:4: :IT "A" jr A A I 1 / A, .......,..............,.4..'a( r1r-P 1011144VP pw.......n r.a:...r r �' -L ; A t '4 / m � , ni ! s ^ ` .00,00/01140•0.0 i 100001110/011 'A A has .wows V! .. ..... _•-:4 , I ' - �,. I . . '4 '4 / ' , I v �, / : �-., - i is 1 • • \ ( I. 1 • •i / I --\ i j J' .a 1 • } � "04 +' .• \ 1 Iy: II <It� i� •rs .. .4. ..h..., \ \ /' a w..}� — .� �, ,. — \ I/ 1 _-_; — - • — 110MKTi m Q s R �i � � =.. r :I • • 1 _" ""'. I \ I I 111=•43%-a-n-A,..crZIMMIwuro ' li i a , I ,. ..w... -e�I , a / N • ( .-1 a ' a I f i ) I ��= 5 1 1 41 1 7 I I 1.N `� :f ern.: ' C m • u.•Iru / V • I i u y Ad p :�,. ai'xl' 'g r I..I ,1_•.x. • p us.Ne- `I SI 41 1 I :i t -, :I _ • ' I,I�ers0 a. !I RF ..IIIIIIIE M. '. ` •.�,,,n,.-, ; It �,,;; \• `` N �,n i I re m \ I `� `'.�. , / if\ i • I �/ I i _11 ` T :/'\ < • f .5 ) I! -- r I •I . ~ "Om ` Lr . a as. `6F jl 1 itE,m"QwVarms.^wJe°"x. _ ��a''i f- a .Mw.w .4....M.2473 $ ' 'lb sr rk � fiMe'=.2•1441.y:nv. } ,aw .- ' ` -m � a z • - i •�,, rr N. '.£ \ ,fi r � ' q' 1, s : N. s . • Bateman CM Survey Company .. � 50e1Dy ,. , --�` ilss:a.'..w,� Emglneers.Suryoyar><e Planners ,.. ae •^"'owereZa •• e.sr1.re l :...:1 we%CVO,...R Sm.j•OLMSBI7:SC M.a ............a.• .. a. ass ae>sr.m ��! w... n.+Il r•I a.. I.a'ra:- '.'6.esalpaon a.Ora=Cotnpsrny n00•00.,19.00 ar. 'Ce1.S'RV•s C-RI'e S-1 gq' lgtHT.S i1.lY-NOT-BE-CERTIFIED-S.DRVET-ANDIAMS-NOT--BEEN-REVIENED-BY-k-LOCAL— GOVERNMENT AGENCY FOR COMPLIANCE WITH ANY APPIaICCABLE ID i; r .i. 1 4_01: REGULATIONS AND RAS NOT BEng REVIEWS® FOR COMPLIANCE WITH RECORD RE+ I i s Odra; S, FOR, FLAT Book 6274 Page 273 • coN�Y.�Q� TAMMY THEUSCH New Hanover Count y ty Register of Deeds i r.1 i Register of Deeds1. f`, � °' 320 CHESTNUT ST SUITE 102 • WILMINGTON,NORTH CAROLINA 28401 ,I / Telephone 910-798-4530 • Fax 910-798-7716 '��r, �, % • 9 " • Nlif Or- xi) : `tiLl :erek. State of North Carolina, County of NEW HANOVER Filed For Registration: 12/30/2019 02:41:51 PM Book: RB 6274 Page: 269-273 5 PGS $26.00 Real Property $26.00 Recorder: KELLIE GILES Document No: 2019042786 DO NOT REMOVE! This certification sheet is a vit-,l part of your recorded document. Please retain with original document and submit when re-recording. rr � -err•- LMG LAND MANAGEMENT GROUP INC. — Environmental Consultants April 9, 2020 Mr.Adam Nicholas Jon T.Vincent, CPA,P.C. 1015 Ashes Drive, Suite 202 Wilmington,NC 28405 Reference: Preliminary Soils Evaluation for Presence of Class IV Soils for First Baptist Church Tract, Wilmington NC. Adam, Land Management Group,Inc. evaluated the soils for the proposed development of the First Baptist Church Tract, located on Middle Sound Loop Road for an assessment of areas of Class IV soils. The tax parcel map is shown in Figure One. Find A Pared • • Figure I The local soil survey shows map units of Craven and Rains soils on the tract. The soils within the tidal areas are mapped Tidal marsh. The site inspection verified the soil types. Consequently, no areas within the Craven,Rains or Tidal Marsh map units meet the requirements for the designation of Class IV soils. I First Baptist Church ems••• .y. v a A` i my, - If you have any questions about this report or need any additional information I may be reached at 910-452-0001, 910-620-1137 or at_cturneralmgroup.net. Sincerely, h - _ _ .. eig,:_f ?�' { - i 0. i, G. Craig Turner ;,; v �'` Senior Consultant r' Land Management Group 3805 Wrightsville Ave., Suite 15 lit109$ Jill n Wilmington,NC 28403 910-452-0001: Office CSICIIMI 910-452-0060:FAX 910-620-1137: Cell S.0 Certification cturner@ lmgroup.net Number 57 N.C. Licensed Soil Scientist,#1091 www.lmgroup.net•infogimgroup.net•Phone: 910.452.0001 ,sax: 910.452.0060 3805 Wrightsville Ave.,Suite 15,Wilmington,NC 28403 J 10 ta ) ! , ,6 Wednesday,April 8,2020 at 10:32:21 AM Eastern Daylight lime Subject: Fwd: First Baptist Tract SoilsNoitC=IA( s Date: Tuesday, December 10, 2019 at 11:45:47 AM Eastern Standard Time f `1 fa From: Adam Nicholas JTV CPA<anicholas anitvmgt.com> , )J. \ k( To: Jason Clark<;clark@nteng r,eers.com> "`""Jason, Please see below from Rob. Forwarded message-------- From:Moul, Robert <rmouk lmgroup.net> Date:Tue, Dec 10,2019 at 9:18 AM Subject:First Baptist Tract Soils To:Adam Nicholas<anicholasCaljtvmet.com> 1Hi Adam:As discussed yesterday the only class 4 soils on the First Baptist Church tract off of Middle Sound Road are those found in the tidal marshes.These of course are formed over many years of constant tidal flushing with daily lunar tides and exhibit CAMA coastal wetland species.The black needlerush and cordgrass marsh species predominate at this location and are all found below(waterward)of our flagged 404 wetland line as was approved / by the Army Corps of Engineers.The attached soils map overlay shows this"TM"soil and approximate tidal marsh c\,. habitat that basically runs along the aerial photo's tree-line as is taken from the New Hanover County Soil Survey. Please let me know if you have any questions or concerns. Best regards, Rob Moul, REP Senior Consultant Land Management Group 910-452-0001(Office) 910-471-0501(Mobile) 13141 0 • sTi • /4 • INiii.:11:11.4115141k4::3 Ili ,ram' 7'.. • 4. Ad 1..:,* ' : . \get' 1�a r { z ■ + 7M f a , \ )lihhh. . to.4 aIt 11111111/4. w . S, * t. , lilt Mu Legend ;�.r. 1; , Prpect Area _ 14.4 acre. L;1\wetlands12019\LMG19.118\mdatapackageMaps/fiigure4soilsmap.mxd N A ::co':::-; ;.rr.- ,; r1,:•:mate and not meant to be absottrlle. 0 100 200 400 Map Source;2016 NCOnemap photo;NRCS soils data Feet First Baptist Church Tract _ L.I.'n'Tiii A 'New Hanover County, NC Figure 4. Soils map - LAt1D.41ANAtit(MIiN"I'GROUP 9 a: DIEYiN compan June 6, 2019 3805 Wrightsville Avenue LMG19.118 Wilmington,NC 28403 (910)452-0001 I rO (A01,fa C. ‘.044.I'Cr4 t L•:,,