20071989 Ver 1_Application_20071126

,o Clu,~tan, Sr., P. ~, Inc
Civil & Environmental Engineering
~7-199
LETTER OF TRANSMITTAL
To: Cindi Karoly
NCDENR-DWQ
2321 Crabtree Boulevard
Raleigh, NC 27604 P ~ ~ D
°ATE: November 20, 2007
PROJECT NO: 0065 TASK NO: 002
RE: Cieszko Commercial Development
Nationwide Permit Application Package
Owner: Cieszko Family Properties, LLC.
TRANSMITTAL NO: 1 PAGE 1 OF 1
WE ARE SENDING: x Originals x Prints ^ Shop Drawings ^ Samples
Specifications ^Calculations ®Other -NWP39
Quantity Drawing No. Rev. Description Status
5 Original NWP39 Application
5 Site Plan
5 USGS Exhibit Map
5 Soils Map
5 Acceptance Letter for Mitigation from NCEEP
1 Check in the amount of $240.00 (check number 8990)

REMARKS:
The attached plans, engineer's report, and specifications are for your review and comments. If you are
satisfied with the submittal, please sign the applications in the appropriate spaces and return all three
copies to me. Should you have questions or comments, please call me at 910-897-7070.
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3100 NC 27 E Coats, NC 27521 910-897-7070 FAX [phone]
cc: file
Signed ~ /-
C.T. Clayton, r., P

Office Use Only: Form Version March OS
USACE Action ID No. DWQ No. ~ 7 ` ~ 9 8 9
(lr any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
I. Processing ~ 1t1
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ^ Riparian or Watershed Buffer Rules
^ Section 10 Permit ^ Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ^ Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NWP39
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ^
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here:
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), the ~l~e,
II. Applicant Information
r~~~- ~ ~ zoo7
1. Owner/Applicant Information
17E~1F? - VYA'I F_~ CJUALIYY
Name: Mr. Martin Cieszko WFTI AM~]~ ~~~n ~rn~ x sr QbAA ~
Mailing Address: P.O. Bog 690
Havelock, NC 28532
Telephone Number: 252-447-2096 Fax Number: 252-447-0687
E-mail Address: [e-mail]
2. AgentlConsultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: C. Tyrus Clanton Jr., P.E.
Company Affiliation: C.T. Clayton Sr., P.E., Inc.
Mailing Address: P.O. Bog 578
Coats, NC 27521
Telephone Number: 910-897-7070 Fax Number: 910-897-6767
E-mail Address: Tyrusna,ctclayton.com
Updated 11/1/2005
Page 5 of 13

III. Project Information
Attach a vicinity map cleazly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers filll-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the fmal version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Cieszko Commercial Development
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): 6-216-018
4. Location
County: Craven Nearest Town: Havelock
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers/names, landmarks, etc.): Take 70 E from New
Bern to Havelock, in Havelock take left, at Burger King, onto Catawba Rd. Go one
tenth of a mile and the site is on the left of road nett to the access road to Wal Mart site.
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 34.912033° N -76.935517° W
6. Property size (acres): 2.028
7. Name of neazest receiving body of water: Slocum Creek
8. River Basin: Neuse
(Note -this must be one of North Carolina's seventeen designated major river basins. T'he
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: The general land use around the property is that of
commercial use. The site is cleared with standing grass. Construction of a new Wal
Mart is on going adjacent to the site.
Updated 11/12005
Page 6 of 13

10. Describe the overall project in detail, including the type of equipment to be used: Grade fill
soil as desisned on plans for positive drainase with rubber wheeled sraders and front
end loaders with mattins. Once site has been sraded to desisn then the parkins and
commercial buildins will be constructed per desisn.
11. Explain the purpose of the proposed work: To prepare the maiority of the property,
which is now wetland, for sradins and development of a commercial buildins as shown
on the site plan.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules. Previous permits have not been obtained for this property or
project
Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
There will not be any future proiects for this property.
V. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: The impact to the wetland located
this property will be permanent and will consist of fdlins in the wetland within the limits
shown on the site map (0.49 acre) for sradins and development of a commercial facility.
Updated 11/12005
Page 7 of 13

2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
separately list impacts due to both structure and flooding.
Wetland Impact
Site Number
(indicate on map)
Type of Impact Type of Wetland
(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
100-yeaz
Floodplain
es/no) Distance to
Neazest
Stream
(linear feet) Area of
Impact
(acres)
1 Permanent Herbaceous No 130 Ft 0.49

Total Wetland Impact (acres) 0.49
3. List the total acreage (estimated) of all existing wetlands on the property: 0.8 acre
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage, multiply length X width, then divide by 43,560.
Stream Impact
Number
(indicate on ma
Stream Name
Type of Impact
Perennial or
Intermittent? Average
Stream Width
Before Im act Impact
Length
(lineaz feet) Area of
Impact
(acres)
N/A N/A N/A

Total Stream Impact (by length and acreage)
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc.
Updated 11/1!2005
Page 8 of 13

Open Water Impact

Site Number
(indicate on ma
Name of Waterbody
(if applicable)

Type of Impact Type of Waterbody

(lake, pond, estuary, sound, bay,
ocean, etc.) Area of

Impact
(acres
N/A N/A N/A

Total Open Water Impact (acres)
6. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Impact (acres): 0
Wetland Impact (acres): 0.49
Open Water Impact (acres): 0
Total Impact to Waters of the U.S. (acres) 0
Total Stream Impact (linear feet): 0
7. Isolated Waters
Do any isolated waters exist on the property? ®Yes ^ No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
The isolated water within the proiect site is wetland. We propose to fill in 0.49_ acre of
wetland for grading and development of a commercial building (refer to the site plan).
8. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ^ uplands ^ stream ^ wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): N/A
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): N/A
Current land use in the vicinity of the pond: N/A
Size of watershed draining to pond: N/A Expected pond surface area: N/A
VI. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts. The maiority of the wetland
is located in the middle of the property which facilitates the need to fill in a portion for
development. To limit the amount of impact the property must meet the setback ordinance
for the city of Havelock also; the amount of impact set forth by the regulations of USACOE
Updated 11/1!2005
Page 9 of 13

for this permit is limited to a mazimum of 0.5 acre. The layout of the site is such to allow
access to the property from the access road to the new Wal Mart being constructed behind
this site and possibly access to the main road. Also, the development will have a minimum
number of parlcin~ spaces to further reduce the impact on the wetland but enough spaces
to meet city ordinance requirements. The amount of impact is reduced to 0.49 acre and
arranged so that an area of approximately 0.3 acre of wetland is left undisturbed in the
rear of the property.
VII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina (see DWQ website for most current
version.).
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
Updated 11/12005
Page 10 of 13

2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://www.nceep.net/pages/inlieureplace.htm. If use of the NCEEP is proposed,
please check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet): 0
Amount of buffer mitigation requested (squaze feet): 0
Amount of Riparian wetland mitigation requested (acres}: 0
Amount ofNon-riparian wetland mitigation requested (acres): 0.49
Amount of Coastal wetland mitigation requested (acres): 0
VIII. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federaUstate/local) funds or the use of
public (federaUstate) land? Yes ^ No
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Cazolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ^ No ^
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ^ No ^
IX. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ^ No
Updated 11/1/2005
Page 11 of 13

2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
Zone* Impact
(s uaze feet) Multiplier Required
Miti ation
1 0 3 (2 for Catawba) 0
2 0 1.5 0
Total 0 0
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration /Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or .0244, or .0250. N/A
X. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level. There is currently 0.26 acre of impervious
surface on the property which is the access road to Wal-Mart. The proposed impervious
surface will be 0.74 acre. The total acreage of the site is 2.028 acres. The existing
impervious surface is 13% and the proposed impervious surface will be 36.5% for a total
impervious surface of 49.5%. Storm water will be directed to an eaistina drop inlet located
on the access road of Wal-Mart and will direct water to the eaistin~ retention pond (refer
to the calculations prepared and submitted for the Wal Mart constriction site).
Xi. Sewage Disposal (required by DWQ)
Cleazly detail the ultimate treatment methods and disposition (non-dischazge or dischazge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
The commercial development will be served by the City of Havelock sanitary sewer system
and will be treated at the sewer treatment facility in Havelock.
Updated 11/1/2005
Page 12 of 13

XII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ^ No
Is this anafter-the-fact permit application? Yes ^ No
XIII. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ^ No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
1~://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: The
properly is 2.028 acres and currently has commercial development on 3 sides of the
property with the main road being on the fourth. Additional development will not occur
due to this and the property is proposed to be developed to the eztents allowed by Havelock
ordinance and USACOE regulations. Additional future development will not occur, as a
result of this project, to impact the downstream water Quality
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
n
Applicant/Agent's Signature ~ Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Updated I1/1/2005
Page 13 of 13

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Soil Map-Craven County, North Carolina
(Cieszko Family 2 Acre Tract)
~~~~ Natural Resources Web Soil Survey 2.0 10/24/2007
Conservation Service National Cooperative Soil Survey Page 1 of 3
N Meters
A 0 15 30 60 90
Feet
0 50 100 Z00 300

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PROGRAM
November 14, 2007
Martin Cieszko
Cieszko Family Properties, LLC
PO Box 640
Havelock, NC 28532
Project: Cieszko Commercial Development
X7-1989
Expiration of Acceptance: May 14, 2008
County: CRAVEN
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP) is willing to
accept payment for impacts associated with the above referenced project. Please note that this decision does not assure that
the payment will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the
applicant to contact these agencies to determine if payment to the NCEEP will be approved.
This acceptance is valid for six months from the date of this letter and is not transferable. If we have not received a copy of
the issued 404 Permit/401 Certification/CAMA permit within this time frame, this acceptance will expire. It is the
applicant's responsibility to send copies of the permits to NCEEP. Once NCEEP receives a copy of the permit(s) an invoice
will be issued based on the required mitigation in that permit and payment must be made prior to conducting the authorized
work. ~ he amount of the In Lieu Fee to be paid to NCEEP by an applicant is calculated based upon the Fee Schedule and
policies fisted at www.nceep.net.
Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the
following table.
NEUSE
03020204 Stream (feet) Wetlands (acres) Buffer I
(Sq. Ft.) Buffer II
(Sq. Ft.)
Cold Cool Warm Ri azian Non-Ri arian Coastal Marsh
Impacts 0 0 0 0 0.49 0 0 0
Credits 0 0 0 0 0.98 0 0 0
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation. If the regulatory agencies
require mitigation credits greater than indicated above, and the applicant wants NCEEP to be responsible for the additional
mitigation, the applicant will need to submit a mitigation request to NCEEP for approval prior to permit issuance. The
mitigation will be performed in accordance with the Memorandum of Understanding between the N. C. Department of
Environment and Natural Resources and the U. S. Army Corps of Engineers dated November 4, 1998.
If you have any questions or need additional information, please contact Kelly Williams at [phone].
Sincerely,
~. ~~_'_ _V _..~.
William D. Gilmore, PE
Director
cc: Cyndi Kazoly, NCDWQ Wetlands/401 Unit
Tracey Wheeler, USACE-Washington
Kyle Barnes, NCDWQ- Washington
Brian Knight, agent
File
R.esto~i~t~... ~ .. Prot~,cti'r-t~ Ou.~ ftat~
I~CDETkIR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-7i5-0476 / www.nceep.net